As used in this chapter, the following words and expressions or pronouns used in their stead, unless a different meaning is clear from the context, shall have the following meanings:
(a) “Addendum” or “addenda” means the additional contract requirements prepared by the director and issued in writing, by means of drawings, or both, by the Commissioner of Purchases and Supplies prior to the receipt of bids.
(b) “City” means the City of Cleveland, Ohio.
(c) “Contract” or “contract documents” means each of the various parts of the contract referred to in Section 185.19, both as a whole and severally, and includes subsidiary agreements, if any.
(d) “Contractor” means the corporation, firm or individual, or any combination thereof, and its, their or his or her successors, personal representatives, executors, administrators and assigns, and any person, firm or corporation who or which shall at any time be substituted therefor under this contract, and includes in their respective capacities, the president, manager or other officer or agent for the time being, representing or locally managing the work of any corporation contracting herein.
(e) “Contract drawings” means those identified as such in the contract documents, and includes those issued in connection with any addendum, or issued in connection with any proper subsidiary agreement, and also includes any other detail or explanatory drawings issued during the progress of the work which are consistent with the contract documents, true developments thereof or reasonably inferrable therefrom.
(f) “Specifications” means all of the directions, requirements and standards of performance applying to the work as hereinafter detailed and designated under specifications.
(g) “Contract work” or “work” means the furnishing of all labor, materials, tools, equipment, incidentals and any other thing necessary or required for the full performance of the contract by the contractor, including all such required or necessary as called for in any proper subsidiary agreement.
(h) “Director” means the director of the department for which the improvement is being made.
(i) “Final acceptance” means final acceptance of the work by the director, as evidenced by his or her signature upon his or her certificate of completion and acceptance filed in the office of the Commissioner of Accounts, a copy of which shall be sent to the contractor. Such acceptance shall be deemed to have taken place as of the date so stated in such certificate.
(j) “Law” or “laws” means the Constitution of the State, the Charter, a statute of the United States or of the State, the Codified Ordinances and any Municipal ordinance, rule or regulation having the force of law which is applicable to this contract.
(k) “Materialman” means any person, firm or corporation other than employees of the contractor, who or which contracts with the contractor or any subcontractor to fabricate or deliver, or who actually fabricates or delivers, materials, plant or equipment to be incorporated in the work.
(l) “Subcontractor” means anyone, other than the contractor and his or her employees, who performs work, other than or in addition to the furnishing of materials, plant or equipment, at or about the construction site, directly or indirectly for or on behalf of the contractor, and whether or not in privity of contract with the contractor, but shall not include any person who furnished merely his or her own personal labor or his or her own personal services.
(m) “Workman”, “laborer” or “workingman” means any employee of the contractor or of a subcontractor, who performs personal labor or personal services at the construction site.
(n) “Directed,” “required,” “approved” and words of like import whenever they refer to the work or its performance, and “directed,” “required,” “permitted,” “ordered,” “designated,” “established,” “prescribed,” and words of like import used in the specifications, the contract or upon the drawings, imply the direction, requirement, permission, order, designation or prescription of the director. “Approved,” “acceptable,” “satisfactory” and words of like import mean approved by or acceptable or satisfactory to the director.
(o) “Site” means the area upon or in which the contractor’s operations are carried on, and such other areas adjacent thereto as may be designated as such by the director.
(Ord. No. 1236-60. Passed 6-20-60, eff. 6-22-60)