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<br />00700 - 2/38 <br />procedures. Bidders are not to include any markup on material cost. <br /> <br />Where materials provided by others, labor costs to include delivery coordination, off-loading, <br />handling and storing of materials provided. <br /> <br /> <br />Day/ Calendar Day - A calendar day of 24 hours measured from midnight to the next midnight. <br /> <br />Defective Work - Work that is unsatisfactory, faulty, or deficient; or that does not conform to the <br />Contract Documents; or that does not meet the requirements of any inspection, reference <br />standard, test, or approval referred to in the Contract Documents; or Work that has been <br />damaged prior to the ENGINEER's recommendation of final payment. <br />Drawings - The drawings, plans, maps, profiles, diagrams, and other graphic representations <br />which show the character, location, nature, extent, and scope of the Work and which have been <br />prepared by the ENGINEER and are referred to in the Contract Documents. Shop Drawings are <br />not Drawings as so defined. <br /> <br />Effective Date of the Agreement - The date indicated in the Agreement on which it was <br />executed, but if no such date is indicated it means the date on which the Agreement is signed <br />and delivered by the last of the two parties to sign and deliver. <br /> <br />ENGINEER - The OWNER's ENGINEER OR ARCHITECT. <br /> <br />Field Order - A written order which orders minor changes in the work but which does not involve <br />a change in the Contract Price or Contract Time. <br /> <br />Force Majeure - An act of God, including hurricanes, tornadoes, landslides, lightning, <br />earthquakes, fire, flood, explosion, sabotage or similar occurrence, acts of a public enemy, war, <br />blockage or insurrection, riot, civil disturbance, or act of terrorism. <br /> <br />General Requirements - Division 1 of the Technical Specifications. <br /> <br />Laws and Regulations; Laws or Regulations - Laws, rules, regulations, ordinances, codes, <br />and/or orders promulgated by a lawfully constituted body authorized to issue such Laws and <br />Regulations. <br /> <br />Notice of Intent to Award - The written notice by the OWNER to the apparent successful bidder <br />stating that upon compliance by the apparent successful bidder with the conditions precedent <br />enumerated therein within the time specified, the OWNER will consider to enter into an <br />Agreement. <br /> <br />Notice to Proceed - The written notice issued by the OWNER to the CONTRACTOR authorizing <br />the CONTRACTOR to proceed with the Work and establishing the date of commencement of <br />the Contract Time. <br /> <br />OWNER - The public body or authority with whom the CONTRACTOR has entered into the <br />Agreement and for whom the Work is to be provided. <br /> <br />OWNER’S REPRESENTATIVE – The City’s (OWNER) CONSULTANT representing the City on <br />all matters relative to this project. <br />