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<br />e <br /> <br />e <br /> <br />26. Hazardous Environmental Condition--The <br />presence at the Site of Asbestos, PCB's, Petroleum, <br />Hazardous Waste, or Radioactive Materials in such <br />quantities or circumstances that may present a <br />substantial danger to persons or property exposed <br />thereto in connection with the Work. <br /> <br />Representative agreed to by OWNER. The duties and <br />responsibilities of the Resident Project Representative <br />are as set forth in Exhibit D. <br /> <br />27. Hazardous Waste--The term Hazardous <br />Waste shall have the meaning provided in Section <br />1004 of the Solid Waste Disposal Act (42 USC Section <br />6903) as amended from time to time. <br /> <br />35. Samples--Physical examples of materials, <br />equipment, or workmanship that are representative of <br />some portion of the Work and which establish the <br />standards by which such portion of the Work will be <br />judged. <br /> <br />28. Laws and Regulations; Laws or Regulations-- <br />Any and all applicable laws, rules, regulations, <br />ordinances, codes, standards, and orders of any and all <br />governmental bodies, agencies, authorities, and courts <br />having jurisdiction. <br /> <br />36. Shop Drawings--All drawings, diagrams, <br />illustrations, schedules, and other data or information <br />which are specifically prepared or assembled by or for <br />Contractor and submitted by Contractor to <br />ENGINEER to illustrate some portion of the Work. <br /> <br />29. PCB's--Polychlorinated biphenyls. <br /> <br />37. Site--Lands or areas indicated in the Contract <br />Documents as being furnished by OWNER upon <br />which the Work is to be performed, rights-of-way and <br />easements for access thereto, and such other lands <br />furnished by OWNER which are designated for use of <br />Contractor. <br /> <br />30. Petroleum--Petroleum, including crude oil or <br />any fraction thereof which is liquid at standard <br />conditions of temperature and pressure (60 degrees <br />Fahrenheit and 14.7 pounds per square inch absolute), <br />such as oil, petroleum, fuel oil, oil sludge, oil refuse, <br />gasoline, kerosene, and oil mixed with other non- <br />Hazardous Waste and crude oils. <br /> <br />38. Specifications--That part of the Contract <br />Documents consisting of written technical descriptions <br />of materials, equipment, systems, standards, and <br />workmanship as applied to the Work and certain <br />administrative details applicable thereto. <br /> <br />31. Radioactive Materials--Source, special <br />nuclear, or byproduct material as defmed by the <br />Atomic Energy Act of 1954 (42 USC Section 2011 et <br />seq.) as amended from time to time. <br /> <br />39, Substantial Completion--The time at which <br />the Work (or a specified part thereof) has progressed to <br />the point where, in the. opinion of ENGINEER, the <br />Work (or a specified part thereof) is sufficiently <br />complete, in accordance with the Contract Documents, <br />so that the Work (or a specified part thereof) can be <br />utilized for the purposes for which it is intended. The <br />terms "substantially complete" and "substantially <br />completed" as applied to all or part of the Work refer <br />to Substantial Completion thereof. <br /> <br />32. Record Drawings-- The Drawings as issued <br />for construction on which the ENGINEER, upon <br />completion of the Work, has shown changes due to <br />Addenda or Change Orders and other information <br />which ENGINEER considers significant based on <br />record documents furnished by Contractor to <br />ENGINEER and which were annotated by Contractor <br />to show changes made during construction. <br /> <br />40. Supplementary Conditions-- That part of the <br />Contract Documents which amends or supplements the <br />General Conditions. <br /> <br />33. Reimbursable Expenses-- The expenses <br />incurred directly by ENGINEER in connection with <br />the perfonning or furnishing of Basic and Additional <br />Services for the Project for which OWNER shall pay <br />ENGINEER as indicated in Exhibit C. <br /> <br />34. Resident Project Representative-- The <br />authorized representative of ENGINEER, if any, <br />assigned to assist ENGINEER at the Site during the <br />Construction Phase. The Resident Project <br />Representative will be ENGINEER's agent or <br />employee and under ENGINEER's supervision. As <br />used herein, the term Resident Project Representative <br />includes any assistants of Resident Project <br /> <br />41. Total Project Costs-- The sum of the <br />Construction Cost, allowances for contingencies, the <br />total costs of services of ENGINEER or other design <br />professionals and consultants, cost of land, rights-of- <br />way, or compensation for damages to properties, or <br />OWNER's costs for legal, accounting, insurance <br />counseling or auditing services, or interest and <br />fmancing charges incurred in connection with the <br />Project, or the cost of other services to be provided by <br />others to OWNER pursuant to Exhibit B of this <br />Agreement. <br /> <br />Standard Form of Agreement <br />Between Owner and Engineer for Professional Services <br />Page 10 of 12 <br />