1.2   DEFINITIONS
   Unless otherwise stated in these standards, words or phrases which have a well-known technical or construction industry or trade meaning are used in accordance with such recognized meanings. Some definitions refer to definitions provided in the City's Land Development Code, Chapter 1213.02 and numbered as included therein. Words shall have meanings for singular or plural tenses.
   A.   Defined Terms.
      1.   AASHTO - Refers to all the publications of the American Association of State Highway Transportation Officials, and specifically, A Policy on Geometric Design of Highways and Streets, current edition.
      2.   Addenda - Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents.
      3.   Agreement -The written instrument which is evidence of the agreement between Owner and Contractor covering the Work.
      4.   ASTM - American Society for Testing and Materials.
      5.   Bond - Any form of security approved as to form and amount by the City, including a cash deposit, surety bond, letter of credit, collateral, or other instrument of credit.
      6.   City - City of Hudson, Ohio or City Manager or designee.
      7.   City Engineer - A professional Engineer, registered in the State of Ohio, who has been appointed as the City Engineer, or the City Engineer's authorized agent.
      8.   Contract Documents - The Contract Documents establish the rights and obligations of the parties and include the agreement, addenda (which pertain to the Contract Documents), Contractor's bid (including documentation accompanying the bid and any post bid documentation submitted prior to the notice of award) when attached as an exhibit to the agreement, the notice to proceed, the bonds, these General Conditions, the supplementary conditions (if included), the Specifications and the Drawings as the same are more specifically identified in the agreement, together with all written amendments, change orders, work change directives, field orders, and Engineer's written interpretations and clarifications issued on or after the effective date of the agreement. Approved shop drawings and the reports and drawings of subsurface and physical conditions and the reports and drawings relating to a hazardous condition are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and the like that may be furnished by City to Contractor are not Contract Documents.
      9.   Contract Times - The number of days or the dates stated in the agreement to: (i) achieve Substantial Completion; and (ii) complete the work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment.
      10.   Contractor - An individual, company, firm, or other party or organization who contracts with an Owner to construct all or a portion of a project.
      11.   Crossovers - Paved areas within medians to allow traffic to cross from one side of a divided road to the other.
      12.   Design Engineer - A licensed professional Engineer registered in the State of Ohio responsible for the design and preparation of Contract Documents.
      13.   Developer - Any person, firm, corporation, agent, partnership, or entity who seeks to improve and/or modify land in accordance with the City's development regulations.
      14.   Development - A man-made change to improved or unimproved real estate.
      15.   Division - Each Section is divided up into Divisions (i.e. Division I - MATERIALS).
      16.   Drawings or Plans - The approved plans, profiles, typical cross sections, working drawings, supplemental drawings, text, notes, or exact reproductions that show the location, character, dimensions, and details of the work to be done.
      17.   Easement - Per City's Land Development Code 1213.02, #107.
      18.   Edge of Pavement - The location of the white or yellow edge line on an uncurbed road, the edge of the gutter plate on a curb and gutter road or the face of the curb on a curbed road.
      19.   Evaluation Datum - As established by the current Summit County mapping system utilized for the Graphical Information System developed by Summit County.
      20.   Erosion Control - Any method or means of controlling sediment or runoff from a construction site, as specified in Chapter 1421 of these Codified Ordinances and the "Construction Site, Best Management Practices" Handbook, a Department of Natural Resources publication.
      21.   Final Completion - Resolution of all items including punch lists, submittal of close-out documentation, and final acceptance by the City.
      22.   Hazardous Environmental Conditions - The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the work.
      23.   Hazardous Waste or Materials - The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time.
      24.   Improvements - Any changes, additions, modifications, revisions, etc., to infrastructure, structures, land, etc.
      25.   Item - In a Division, these are the main categories (i.e., Item 3.14 - TRENCHES).
      26.   Lot - Per City's Land Development Code 1213.02, #162.
      27.   Non-residential driveways/entrances within public right-of-way - Designated paved areas connecting the public roadway with a private driveway or parking lot used for non-residential purposes.
      28.   OMUTCD - Ohio Manual of Uniform Traffic Control Devices. Ohio Department of Transportation Manual that establishes uniform standards for traffic control devices, such as signs, signals, markings, and construction signage.
      29.   Owner - The individual, entity, public body, or authority with whom Contractor has entered into the Agreement and for whom the work is to be performed.
      30.   Paragraph - Under each Item, further breakdown (i.e., Paragraph 1.2.A - Defined Terms).
      31.   Parcel - A lot or tract of land.
      32.   PCBs - Polychlorinated biphenyl's.
      33.   Petroleum - Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils.
      34.   Plans - See definition of Drawings.
      35.   Project - The total construction of which the work to be performed under the Contract Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents.
      36.   Public Improvement - Public sewers, water mains, storm water relief provisions, highways, parkways, sidewalks, streets lighting, and all other public improvements to be required by the City.
      37.   Punch List - A list of deficiencies requiring corrective action before final payment or acceptance of the project.
      38.   Preliminary Plan - Per City's Land Development Code, 1213.02, #223.
      39.   Record Drawings - Design plans reviewed in the field and revised to show actual construction dimensions and quantities. The Drawings shall be prepared under the direct supervision of a registered surveyor and the Plans shall be sealed by the surveyor. ("Sometimes referred to as "As-builts").
      40.   Resident Project Representative - An individual or firm appointed or employed by the City as the authorized representative of the City Engineer assigned to review on-going construction and to ensure compliance with approved plans and specifications.
      41.   Right-of-Way - A strip of land dedicated, condemned, or reserved for public use (ROW).
      42.   Road or Roadway - Limits of the paved area including paved shoulders, traveled lanes, gutters and curbs within public right-of-way.
      43.   Samples - Physical examples of materials, equipment, or workmanship that are representative of some portion of the work and which establish the Standards by which such portion of the work will be judged.
      44.   Section - Main segment of how these standards are divided (i.e. Section 2 - WATER DISTRIBUTION).
      45.   Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the work.
      46.   Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the work is to be performed, including lands or areas being developed by private developer, and also including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor.
      47.   Specifications - That part of the Contract Documents or Drawings consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the work and certain administrative details applicable thereto.
      48.   Standard - This document, entitled "City of Hudson, Ohio, Engineering Standards for Infrastructure Construction."
      49.   State Plane Coordinates - Established by the Ohio Coordinate System, North Zone, NAD 83, or latest coordinate version.
      50.   Subdivider or Developer - Per City's Land Development Code 1213.02, #321. (See Developer also)
      51.   Subdivision - Per City's Land Development Code 1213.02, #322.
      52.   Subgrade - The surface of the roadbed on which the pavement structure, curb and gutter, and/or shoulders are constructed.
      53.   Substantial Completion - The time at which the work (or a specified part thereof) has progressed to the point where, in the opinion of City Engineer, the work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that
         the work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the work refer to Substantial Completion thereof.
      54.   Supplier - A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment as specified on, or in, the approved Contract Documents, drawings, specifications, etc., to be incorporated in the work by Contractor or any Subcontractor.
      55.   Surveyor - A licensed professional surveyor registered in the State of Ohio responsible for the preparation and supervision of plats, easements, boundary surveys, construction staking, record drawings, etc.
      56.   Thru Lane - The portion of roadway for the thru movement of vehicles, exclusive of shoulders, turn lanes, curbs and gutters.
      57.   Turn Lanes - The portion of the roadway for the turning movement of vehicles, exclusive of shoulders, thru lanes, curbs and gutters.
      58.   Work - The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents.
      59.   Written Amendment - A written statement modifying the Contract Documents, signed by Owner and Contractor on or after the effective date of the agreement and normally dealing with the non-engineering or non-technical rather than strictly construction-related aspects of the Contract Documents.
   B.   Terminology.
      1.   Intent of Certain Terms or Adjectives - Whenever in the Contract Documents the terms "as allowed," "as approved," or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of the City or City Engineer as to the work, it is intended that such action or determination will be solely to evaluate, in general, the completed work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to the City or City Engineer any duty or authority to supervise or direct the performance of the work or any duty or authority to undertake responsibility of work.
      2.   Day - The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight.
      3.   Defective - The word "defective", when modifying the word "work, " refers to work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents
         or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to the City's or City Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion).
      4.   Furnish, Install, Perform, Provide - The work "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition.
         The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use.
         The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use.
         When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied.
(Ord. 18-91.  Passed 8-14-18.)