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(b) Contractor and Subcontractor. All references to Contractor and Subcontractor shall have the same mean- ing as those terms are defined in the Contract between Contractor and Walmart, which are adopted and incorporated into the Compliance Exhibit and/or these Specifications; the term Subcontractor shall apply to subcontractors of any tier and for any duration. 1) Contractor Workers. Workers of any tier and for any duration of Work on the Project, who are employees of the Contractor. 2) Subcontractor Workers. Workers of any tier and for any duration of Work on the Project, who are employees of a Subcontractor. 3) Workers. Includes all Contractor Workers and Subcontractor Workers of any tier and perform- ing work for any duration. (c) Walmart Contractors. Contractors performing work under separate contracts directly with Walmart. This includes any subcontractors hired by Walmart Contractors. 1) Walmart Contractor Workers. Individuals of any tier and for any duration of Work on the Project who are employees of Walmart Contractors, including third party temporary workers. 3.6.1.1.6 Hazardous Materials. Those materials, substances, wastes, pollutants or contaminants which are hazard- ous, toxic or radioactive and shall include but not be limited to those substances defined as "hazardous substances", "hazardous materials", "hazardous wastes", or other similar designations in the CERCLA, RCRA, Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 et seq., and any other Federal, state or local governmental statutes, laws, codes, ordinances, rules, regulations and precautions, or by common law decision. 3.6.1.1.7 Hazardous Waste. As defined by U.S. Environmental Protection Agency (EPA) in 40 CFR 261.3, and as defined by specific state and local jurisdictions. Materials shall be considered hazardous wastes as appropriate according to applicable regulations regardless of whether the material was supplied by Walmart. 3.6.1.1.8 Universal Waste: As defined by the U.S. EPA in 40 CFR 273 and as defined by specific state and local jurisdictions. 3.6.1.1.9 Administrative Violation: Violations of any Compliance Laws, Compliance Requirements or the Con- tract Documents. Such violations may be included in Inspection Reports, Notices of Violation, citations, Stop Work Orders, Requests for Production, Warning Orders, Administrative Orders, letters or other written or oral communication. It shall not be necessary for the operation of this paragraph that such violation determinations be reviewed by any court or administrative tribunal. 3.6.1.1.10 Superintendent. Individual(s) designated by the principal of the Contractor meeting the requirements set forth in Sec. 3.6.1.5.2 of the Compliance Exhibit and these Specifications. 3.6.1.1.11 Competent Person. (a) Competent Person — General. One who is capable of identifying existing and predictable hazards in the surroundings, or working conditions which are unsanitary, hazardous, or dangerous to employees and who has authorization to take prompt corrective measures to eliminate them (b) Qualified Person Electrical. — Must meet both NFPA 70 E and OSHA Definition. 1) Qualified Person (electrical) OSHA Definition. One who has received training in and has demon- strated skills and knowledge in the construction and operation of electric equipment and installations and the hazards involved. 2) Qualified Person (electrical) NFPA 70E. Refer to the most current version of NFPA 70E. 3.6.1.1.12 Compliance Oversight Manager (COM). The COM is a designated individual with construction -related and Compliance experience, meets the requirements set forth below in Sec. 3.6.1.5.4 of the Compliance Exhibit and these Specifications , and who is not serving as the Superintendent on a Project Site. 3.6.1.1.13 Stormwater Compliance Certificate. Evidence of completion of Walmart provided Stormwater training, or alternate training accepted by Walmart Stormwater Compliance Team. 3.6.1.1.14 Compliance Plan. Comprehensive plan, which includes, without limitation, Contractor's processes and procedures through which Contractor will ensure said compliance and conformance with Compliance Requirements. 01351-3 0706 - Zephyrhills, Florida - 16592140 February 16, 2017