158.02 DEFINITIONS.

   As used in this chapter, the following words, and the expressions or pronouns used in their place, shall have the following meanings, unless a different meaning is clear from the context:

   (a)    "Addendum" or "addenda" means any additional contract requirements prepared by the City Engineer and issued in writing prior to the receipt of proposals.

   (b)    “Bidder” means any person submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.

   (c)    "City" means the City of Independence, Ohio.

   (d)    "City Engineer" or "Engineer" means the duly appointed City Engineer for the City and/or his or her authorized representative assigned to administer the contract.

   (e)    "Contract documents" means each of the various parts of the public improvement contract, both as a whole and severally, including the provisions of this chapter, the ordinance authorizing the making of the public improvement, the invitation for proposals, general and special conditions, plans, drawings and specifications, any addenda, the noncollusion affidavit, the proposal, the resolution of Council awarding the contract, the contract agreement, all required bonds and insurance policies and all provisions required by law, the City Charter or ordinance to be inserted in the contract, whether actually inserted or not.

   (f)    "Contractor" means the person, and his, her or its agents, successors, personal representatives, executors, administrators and assigns, awarded a contract pursuant to the provisions of this chapter.

   (g)    "Days" means calendar days, unless otherwise specified.

   (h)    "Department" means the City Service Department.

   (i)    "Director" means the City Service Director.

    (j)    “Final acceptance” means final acceptance of the contract work by the City Engineer or Service Director, as evidenced by his or her signature upon his or her certificate of completion and acceptance.

   (k)    "Finance Director" means the City Finance Director.

    (l)    “Inspector” means the authorized representative of the Service Director and/or the City Engineer assigned to make a detailed inspection of any or all portions of the contract work or materials thereof

   (m)    "Law Director" means the City Law Director.

   (n)    "Performance bond" means the approved form of security furnished by the contractor and his or her surety as a guaranty that he or she will complete the work in accordance with the terms of the contract.

   (o)    "Proposal" means the offer of the bidder for the contract work when made out and submitted on the prescribed proposal form, properly signed and guaranteed.

   (p)    "Proposal form" means the approved form on which the City requires formal bids to be prepared and submitted.

   (q)    "Proposal guaranty" means the security designated in the proposal submitted by the bidder as a guaranty that the bidder will enter into a contract with the City for the construction of the work if the contract is awarded to him or her.

   (r)    "Subcontractor" means anyone, other than the contractor and his or her employees, who performs work, other than or in addition to the furnishing of the 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 does not include any person who furnishes merely his or her own personal labor or his or her own personal services.

   (s)    "Surety" means the corporate body or individual who or which is bound with and for the contractor for the acceptable performance of the contract and for the completion of the work.

      (Ord. 1981-11. Passed 3-10-81.)