Wherever used in this chapter, or in other contracts or submitted documents, the following terms have the meanings indicated, which are applicable to both the singular and plural thereof:
ADDENDA: Written or graphic instruments issued prior to the opening of bids, which supplement, clarify, correct, or change the bid documents or the contract documents.
BONDS: Bid, performance, and payment bonds; irrevocable letters of credit; cashier's or certified bank check; and other instruments of security.
CHANGE ORDER: A written instrument prepared by the LaVerkin City representative, signed by the contractor on or after the effective date of the agreement, which authorizes an addition, deletion, or revision in the work, or an adjustment.
CONTRACTOR: The person, firm, or corporation with which LaVerkin City has entered into an agreement for a public construction or improvement project.
DAY: Any twenty four (24) hour period measured from midnight to the next midnight.
DEFECTIVE: An adjective which, when modifying the word "work" refers to work that is unsatisfactory, faulty or deficient; or does not conform to the submitted documents; or does not meet the requirements of any inspection, reference standard, test or approval referred to in the submitted documents; or has been damaged prior to the LaVerkin City representative's final inspection.
DRAWINGS: The graphic and pictorial portions of the submitted documents approved by the LaVerkin City representative showing the design, location, and dimensions of the work, and generally include, the plan, elevations, sections, details, schedules, and diagrams.
FIELD AGREEMENT: A written agreement signed by the contractor and LaVerkin City's representative or resident project representative, which orders minor changes in the work.
FINAL ACCEPTANCE: Satisfaction on the part of LaVerkin City's representative that all work is completed, and there are no other obligations to be fulfilled by the contractor.
FINAL INSPECTION: An inspection of the entire work, or portion agreed upon, conducted by LaVerkin City's representative, after such work is fully completed.
FINAL INSPECTION PUNCH LIST: A written list of work discrepancies and deficiencies compiled by the LaVerkin City representative at the final inspection.
INSURANCE: The following types of insurance are required of all contractors:
A. Public liability insurance, protecting the contractor as well as the city from any and all liability in tort or otherwise that may be alleged by third parties in connection with work performed or existing conditions of the work on the project performed by the contractor, subcontractors or any other laborers or materials suppliers;
B. Workers' compensation insurance and other insurance required by the workers' compensation laws of the state of Utah for persons employed on public construction and improvement projects; and
C. Hazard insurance and work in progress insurance, protecting the city and the work during all phases of construction against the risks of fire, tornado, earthquake, windstorm, or other similar natural disasters, as well as coverage protecting the city and the work against theft, vandalism, arson or other intentional acts.
All such insurance shall be in force before contractor or anyone employed by contractor commences work on the project and shall remain in full force and effect until the work has been accepted by the city as complete. Contractor shall obtain such insurance coverage in the amounts specified by the city's engineer and/or attorney based on the given needs of the project. Contractor shall also, where possible, name the city as an additional insured on such policies of insurance and provide certificates of insurance so indicating.
LAWS AND/OR REGULATIONS: Any federal, state, county, city, or local jurisdiction's laws, rules, regulations, ordinances, codes, and orders.
MODIFICATION: Any change order, field agreement, or work directive change.
PARTIAL UTILIZATION: Placing a portion of the work into service for the intended purpose or a related purpose, before reaching substantial completion of all the work.
PLANS: Drawings.
PROJECT: The total work to be provided under the submitted documents.
PUNCH LIST: The list of unfinished work items compiled by LaVerkin City's representative after work, or portion of work, is determined substantially complete.
PUNCH LIST TIME: The number of calendar days specified in the agreement for the completion of the final inspection punch list work.
SHOP DRAWINGS: All drawings, diagrams, illustrations, schedules and other data prepared by or for the contractor to illustrate some portion of the work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by suppliers and submitted by the contractor to illustrate material or equipment for some portion of the work.
SPECIFICATIONS: Those portions of the submitted documents consisting of written requirements for materials, equipment, construction systems, standards, and workmanship as applied to the work and certain applicable administrative details.
SUBCONTRACTOR: An individual, supplier, firm, or corporation having a contract with the contractor or with any other subcontractor for the performance of a part of the work.
SUBSTANTIAL COMPLETION: The work, or a specified part thereof, has progressed to a point where only occasional construction personnel and equipment are required for correcting work deficiencies. In the opinion of LaVerkin City's representative, the work required in correcting such deficiencies will not interfere with the area's intended use or occupancy. Such opinion shall be evidenced by written notice that the work is sufficiently complete in accordance with the submitted documents.
SUPPLIER: A manufacturer, fabricator, distributor, material producer, or vendor.
UNDERGROUND FACILITIES: All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasement containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communication, cable television, sewage and drainage removal, traffic or other control systems or water.
WORK: The construction and services required under the submitted documents, which may be the whole or part of the project. Work is the result of performing services, furnishing labor, and/or furnishing and incorporating materials and equipment into the construction.
WRITTEN AMENDMENT: A document that is signed by the contractor and LaVerkin City on or after the effective date of the agreement. (Ord. 2006-22, 7-5-2006; amd. Ord. 2007-24, 8-15-2007)