For use in this chapter, the following terms are defined unless the context otherwise requires:
ADDENDA: Any written notice, typed statement or graphic instrument issued to prospective bidders prior to the receipt of bids.
BIDDER: Any business which submits an offer or proposal on the prescribed form setting forth the prices for the work to be performed.
BIDDING DOCUMENTS: The advertisement or invitation for bids, instructions to bidders, the bid form and the proposed contract documents, including all addenda issued prior to receipt of bids.
BIDDING REQUIREMENTS: The advertisement or invitation for bids, general instruction to bidders, prebid instructions to bidders and the bid form.
BUSINESS: Any person, corporation, partnership, individual, sole proprietorship, joint stock, company, joint venture or any other private legal entity. Business also means a contractor, subcontractor, vender or supplier.
CHANGE ORDER: A written order directing a contractor to make changes under that clause of the contract which allows the City to order changes without consent of the contractor, and all such change orders shall require written approval from the Public Services Director, or a designee.
CONSTRUCTION: The process of building, altering, repairing, improving or demolishing any public structure or building, or other public improvements of any kind to any public real property. It does not include the routine operation, standard repair or customary maintenance of existing structures, buildings or real property.
CONTRACT: All types of City agreements, regardless of their identification and any claim, account or demand against or agreement with a government body, expressed or implied. The term "contract" shall not include employment agreements or collective bargaining agreements.
CONTRACT MODIFICATION: Any written alteration approved by the Public Services Director or a designee, in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract.
CONTRACTOR: Any business having a fully executed contract with a government body.
DATA: Recorded information regardless of form or characteristic.
DEFECTIVE WORK: Work that is unsatisfactory, faulty, deficient or fails to conform to the contract drawings and specifications, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the drawings and specifications or has been damaged prior to recommendation of final payment.
DESIGNEE: A duly authorized representative of the Public Services Director holding an appointed position.
EMERGENCY: A sudden or unexpected situation or occurrence which would vitally affect the life, safety, health or property of citizens, or cause serious loss or injury to the City. Emergency does not mean situations or occurrences which could have been anticipated through reasonable diligence and foresight.
EMPLOYEE: An individual drawing a salary from the City of Mason City, whether elected or not, and any noncompensated individual performing personal services for the City.
GOVERNMENT BODY: Any City department, commission, board, committee or agency.
GRATUITY: Consideration in any form, including but not limited to a gift, commission, discount and bonus.
IRRESPONSIBLE BIDDER: A bidder or a prospective bidder who fails to furnish, upon request from the Public Services Director or a designee, proof of qualifications, financial stability, Iowa Labor Department certification and any other data required by this chapter. The term also means a bidder or prospective bidder who has repeatedly made slow or unsatisfactory deliveries or progress during prior construction contracts, or who has violated, or attempted to violate the provisions of other City contracts.
LOWEST RESPONSIBLE BIDDER: The bidder whose bid is the lowest of those bidders possessing the skill, financial resources and the ability to faithfully perform the work outlined in the project manual.
MATERIALLY VARIES: Any item in the project manual that is made mandatory and nonwaivable.
PLANS: All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled in the project manual.
PROJECT MANUAL: The bidding requirements (invitation to bid and instructions to bidders), the contract forms (agreement, bond and certificates), the contract conditions (general conditions, modifications to general conditions) and the project specifications.
PUBLIC IMPROVEMENTS: Any building or construction work, either within or outside the corporate limits of the City, to be paid for, in whole or in part, by the use of funds of the City, regardless of sources, including a building or improvement constructed or operated jointly with any other public or private agency, but excluding urban renewal and low rent housing projects, industrial aid projects under Iowa Code chapter 419, emergency work or work performed by employees of the City or a government body.
RESPONSIBLE BIDDER: A business which has the capability in all respects to perform fully the work as outlined in the project manual, and the integrity and reliability which will assure good faith performance.
RESPONSIVE BIDDER: A business which has submitted a bid which conforms in all material respects with the project manual, both as to the method and timeliness of submission and to the substance of any contract provision.
SERVICES: The furnishing of labor, time or effort by a contractor not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. This term shall not include employment agreements or collective bargaining agreements.
SPECIFICATIONS: Those portions of the contract document consisting of the mandatory written technical descriptions of materials, equipment, construction systems, standards of workmanship as applied to the work and certain administrative details applicable thereto.
SUPPLIER: A manufacturer, fabricator, supplier, distributor, material person or vendor having a direct contract with the contractor or with any subcontractor to furnish materials or equipment to be incorporated in the work by the contractor or any subcontractor.
TARGETED SMALL BUSINESS: A business as defined in the City's Targeted Small Business Guidelines, which is fifty one percent (51%) or more owned and daily controlled by a female or a minority and is a mandatory requirement on all City projects.
WORK: The entire completed construction or the various separately identifiable parts thereof required to be furnished under the contract drawings and specifications. Work also includes the contractor performing or furnishing labor, materials and equipment into the construction, and performing or providing services and submitting documentation, all as required by the contract specifications. (Ord. 94-3, 2-15-1994; amd. Ord. 94-20, 8-16-1994; 2017 Code)