§ 39.03 DEFINITIONS.

   For the purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   AMENDMENT. A mechanism by which parties can agree to modify, delete or add to the original scope of work, terms and conditions of a contract. Typically, amendments are used to modify contracts for professional services and/or to modify contracts for the furnishing of materials and services.

   ADVANTAGEOUS. In the best interest of the city.

   AUDITOR. The City of Manchester's Auditor.

   BRAND NAME or EQUAL SPECIFICATION means a specification using one or more manufacturer's names or catalog numbers to describe the standard of quality, performance and other characteristics to meet city requirements.
   BRAND NAME SPECIFICATION. A specification limited to one or more items by a manufacturer's name or catalog numbers.

   CHANGE ORDER. A written order signed by an authorized agent of the city and by the contractor authorizing an addition, deletion, or a revision in work or an adjustment in the contract price or contract time, issued on or after the effective date of the contract, as provided for in the original contract. Typically, change orders are used to modify construction contracts.

   CHIEF EXECUTIVE OFFICER. The Mayor of the City of Manchester.

   CITY. The City of Manchester, NH.
   CONSTRUCTION. The process of building, altering, repairing, improving or demolishing any public structure or building, or other public improvements of any kind to public real property or any public infrastructure.

   CONSTRUCTION MANAGEMENT. A project delivery method that provides a comprehensivearray of management and/or consulting services spanning all phases of the design and construction process from conception to completion of the construction project.

   CONTRACT. All types of city agreements, regardless of what they may be called for the procurement of materials, supplies, services and purchase orders shall be used as the contract for procurement of materials and supplies. Formal written agreements shall be used for the procurement of services, construction and complex actions.

   CONTRACTOR. Any person or firm who has a contract with the city.

   DEBARMENT. An action taken by the city, under the provisions of this code, to prohibit a person from participating in city procurements.

   DESIGN REQUIREMENTS. The written description of the infrastructure facility or service to be procured, including:

      (1)   Required features, functions, characteristics, qualities, and properties that are required;

      (2)   The anticipated schedule, including start, duration, and completion;

      (3)   Estimated budgets (as applicable to the specific procurement) for design, construction, operation and maintenance. The DESIGN REQUIREMENTS may, but need not, include drawings and other documents illustrating the scale and relationship of the features, functions and characteristics of the project.

   EMPLOYEE. An individual drawing a salary or wages from the city whether elected or not. Any noncompensated individual performing personal services for the city or any department agency, commission, council, board, or any other entity established by the executive or legislative branch of the city. Noncompensated individuals, serving as elected City officials or serving on a City Department Board, are also considered employees.

   FINANCE OFFICER. The Finance Director of the City of Manchester.

   GRATUITY. A payment, loan, subscription, advance, deposit of money, service, or gift, presented or promised.

   INDEPENDENT PEER REVIEWER SERVICES. Additional architectural and engineering services provided to review design build proposals. The function of this review is to provide an independent professional peer review to confirm that the key elements of the professional engineering and architectural designs provided by the contractors are in conformance with the applicable standard of care.

   INFRASTRUCTURE FACILITY. A building; structure; or networks of building, structures, pipes, controls, and equipment that provide transportation, utilities, public education, or public safety services.

   INVITATION FOR BIDS. All documents, whether attached or incorporated by reference, which are used for soliciting bids according to the city's procurement policies and procedures.

   MAY. Shall be construed as being permissive.

   MULTI-STEP SEALED BIDDING. A two-phase competitive process. The first phase consists of a technical phase composed of one or more steps in which bidders submit unpriced technical offers to be evaluated by the city. The second phase consists of a firm and final bid from those bidders whose technical offers were deemed acceptable by the city.

   PROCUREMENT. Buying, purchasing, renting, leasing or otherwise acquiring any materials, supplies, professional services and construction services. It also includes the description of requirements, selection and solicitation of sources, preparation and award of contract and all phases of contract administration.

   PROFESSIONAL SERVICES. Those services requiring special knowledge, education or skill and where the qualifications of personsrendering the services and the experience of the firm are of primary importance. Professional services shall include, but not be limited to, appraisers, attorneys, architects, engineers, surveyors, accountants, psychologists, physicians and other health care providers.

   PROPOSAL DEVELOPMENT DOC-UMENTS. Drawings and other design related documents that are sufficient to fix and describe the size and character of an infrastructure facility as to architectural, structural, mechanical and electrical systems, materials, and such other elements as may be appropriate to the applicable project delivery method.

   PURCHASING AGENCY. The city department making the proposed procurement.

   PURCHASING AGENCY DIRECTOR or DIRECTOR. The department head in charge of the city department making the proposed procurement acting either directly or through authorized representatives.

   REQUEST FOR PROPOSALS. All documents, whether attached or incorporated by reference, which are used for soliciting proposals according to the city's procurement policies and procedures.

   RESPONSIBLE BIDDER. A person or firm who submits a bid or proposal that conforms in all material respects to the invitation for bid or request for proposals and who has the financial capabilities and expertise to perform the contract requirements and the integrity and reliability that will assure good faith performance.

   SERVICE. The furnishing of labor, time or effort by a contractor that does not involve the delivery of a specific end product other than required reports and performance. Service does not include employment agreements or collective bargaining agreements.

   SHALL. Construed as being mandatory.

   SOLICITATION. An invitation for bids, a request for technical offers, proposals, quotations or any other invitation or request by which the city invites a person to participate in a procurement action.

   SPECIFICATION. Any description of the physical or functional characteristics of materials, supplies, services or construction requirements. It may also include a description of any requirement for inspecting, testing, preparing materials, supplies services or construction projects for delivery.

(Ord. passed 5-3-05)