a. Unless otherwise defined in these Standards, the following definitions, terms and abbreviations apply whenever used.
1) ADA: Americans with Disabilities Act, including any amendments thereto, and all applicable federal rules and regulations implementing the ADA, including but not limited to the current version of the Public Right-of-Way Accessibility Guidelines (PROWAG).
2) Record Drawings: Drawings prepared by the Design Engineer, signed and dated by the city representative indicating the drawings have been reviewed and revised, if necessary, to accurately show all site built conditions and construction details.
3) City: Silverton, Oregon.
4) Construction Drawings: Drawings prepared by a registered professional engineer, including site plans, plan and profile views of utilities, cross sections, detailed drawings, etc., or reproductions thereof, approved by the City Engineer, showing the location, character, dimensions and details for the work to be done.
5) Definition of Words: Wherever in these Standards, the words “directed”, “required”, “permitted”, “ordered”, “designated” or words of similar import are used, they mean the direction, requirement, permission, order or designation of the City Engineer. Similarly, the words “approved”, “acceptable”, “satisfactory”, mean approved by, acceptable to, or satisfactory to the Director.
6) Design Engineer: The engineer licensed by the State of Oregon as an engineer under whose direction plans, profiles and details for work are prepared and submitted to the City Engineer for review and approval.
7) Development: As defined by the Silverton Development Code.
8) Development Code: the Silverton Development Code (SDC) found at Title 18 of the Silverton Municipal Code (SMC).
9) Director: The Silverton Public Works Director or their authorized representative.
10) Duplex: A building or portion designed thereof for occupancy by two families, living independently of each other.
11) Dwelling Unit: A facility designed for permanent or semi-permanent occupancy provided with at a minimum, a kitchen, sleeping and sanitary facilities for one (1) family.
12) Easement: Areas along the alignment of streets, sidewalks or utilities outside of a dedicated street right-of-way. Easements granted in favor of the City or general public shall be in writing, prepared by a licensed surveyor on City easement forms granting rights of use and access for the particular facility, right-of-way and/or utility and setting out the conditions and terms thereof.
13) Equal: Whenever any material, article, device, product or fixture is indicated or specified by proprietary name, by name of manufacturer or by catalog number, such specifications shall be deemed to be used to establish a standard of quality and facilitating the description of the material or process desired. This is not to be construed as eliminating other products of equal or better quality meeting the criteria unless otherwise specifically indicated in the specifications on the drawings or by City standards. The decision relative to equivalency will be by the Director and shall be final. A proposed item of material or equipment will be considered "equal" when the Director reasonably determines the item: (1) it is at a minimum, equal in materials of construction, quality, durability, appearance, strength and design characteristics; 2) it will perform the function equally as well, achieving the results imposed by the completed project’s design concept as a functional whole; 3) it has a provable record of performance and responsive service;4) it will not materially increase anticipated maintenance/operating costs by the City or require stocking of specialty tools, parts, equipment or materials not otherwise required; , and 5) it is compatible with existing system components of the same type and function.
Requests for review of "equal to" or "substitute" items shall be in writing, include all documentation for a complete review and will not be accepted from other than the Contractor performing the work.
14) Multiple Family Dwelling: A building or portion designed thereof for occupancy by three (3) or more families, living independently of each other.
15) Manufacturer's Name: Any manufacturer's name, specification, catalog number, or type used herein specified by make to establish the standard requirements of the City. Other equivalent makes will be considered for approval provided they are comparable with the established “equal” standard noted above.
16) Owner: Any individual, partnership, firm or corporation or other entity retaining the Design Engineer ora property owner making arrangements with the City.
17) Person: Individual, firm, corporation, association, agency or other lawful entity.
18) Plans: See Construction Drawings.
19) Preliminary Review: The City’s initial review of the construction drawings as described by these standards. All comments and provisions of the City’s design standards must be addressed prior to final review and any approval for construction.
20) PROWAG: See ADA.
21) SPWDS: Silverton Public Works Design Standards.
22) Residential User: The owner, lessee or occupant of a single dwelling unit in one structure.
23) Right-of-Way: All land or interest therein by deed, conveyance, agreement, easement, dedication, usage or otherwise reserved for or dedicated to use by the public or City which is free of all encumbrances and within which the City (or other City-approved third parties) has exclusive rights to install, improve, construct and maintain improvements and utilities located therein.
24) Roadway: All portions of the right-of-way used for vehicle movement existing between the curbs, proposed curbs or curb lines.
25) Single Family Dwelling: Any residential building designed to house one family.
26) Standard Details: The drawings of structures or devices commonly used on City work and referred to on the construction drawings. Also called Standard Plans.
27) Street or Road: Any public highway, road, street, avenue, alley, way, easement or right-of-way designed or used for vehicle movement.
28) Substantial Completion: that degree of project facilities’ and operating systems’ completion sufficient to provide City and public the continuous beneficial use and operation of the work and after: (i) all required functional and acceptance testing has been successfully completed; (ii) all required final building, plumbing, mechanical and electrical inspections have been completed and all identified critical defective or incomplete work replaced/corrected; and (iii) all required record drawings and maintenance bonds submitted and accepted by the City. The terms "substantially complete" and "substantially completed” refer and reflect Substantial Completion.
29) Substitute: If in the sole discretion of the Director or their designee an item of material or equipment proposed by Contractor does not qualify as an "or equal" item or requires a change to the design or the project’s configuration to be utilized, it will be considered a proposed "substitute". The decision relative to accept substitute items will be the Director’s or their designee and is final.
In addition to review criteria for "equal" items, written request for review of a substitute item shall document whether use thereof requires any change(s) to adapt the design of the project to the proposed substitute item, the extent of the change, and identifies the timeframe required to complete any such design changes.
It is understood there will not be any cost or other impact to the City as a result of any such design changes.
30) Survey Cut Sheets: Sheets of tabulated survey data, indicating stationing, structures, fittings, angle points, beginning of curve, points on curve, end of curves, staking offset, various elevations and offset utility cuts.
31) Traveled Way: That portion of the roadway for the movement of vehicles exclusive of shoulder and auxiliary lanes.
32) UGB: Urban Growth Boundary.