AGREEMENT: All City agreements, approved and signed as required by law, regardless of what they may be called, for the procurement of supplies, services, or construction.
AGREEMENT MODIFICATION (BILATERAL CHANGE): Any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other material provisions of any agreement, material or otherwise, accomplished by mutual agreement of the parties.
ARCHITECTURAL AND ENGINEERING SERVICES:
A. Professional services of an architectural or engineering nature, as defined by State law, if applicable, which are required to be performed or approved by a person or persons licensed, registered, or certified to provide such services as described in this paragraph;
B. Professional services for architectural or engineering services that are associated with research, planning, development, design, construction, alteration, or repair of real property; and
C. Such other architectural or engineering services, or incidental services, which members of the architectural and engineering professions (and individuals in their employ) may logically or justifiably perform, including: construction project management, studies, investigations, surveying, mapping, tests, evaluations, consultations, comprehensive planning, program management, conceptual designs, plans and specifications, value engineering, construction phase services, soils engineering, drawing reviews, preparation of operating and maintenance manuals, and other related services.
BID LIMIT:
A. For a building improvement:
1. For the year 2017, forty six thousand one hundred six dollars fifty seven cents ($46,106.57); and
2. For each year after 2017, the amount of the bid limit for the previous year, plus an amount calculated by multiplying the amount of the bid limit by the lesser of three percent (3%) or the actual percent change in the consumer price index during the previous calendar year.
B. For a public works project:
1. For the year 2017, one hundred sixty four thousand eight hundred twenty four dollars ($164,824.00); or
2. For each year after 2017, the amount of the bid limit for the previous year, plus an amount calculated by multiplying the amount of the bid limit by the lesser of three percent (3%) or the actual percent change in the consumer price index during the previous calendar year.
BLIND TRUST: An independently managed trust in which the employee-beneficiary has no management rights and the employee- beneficiary is not given notice of alterations in, or other dispositions of, the property subject to the trust.
BRAND NAME OR EQUAL SPECIFICATIONS: A specification limited to one (1) or more items by manufacturers' names or catalog numbers to describe the standard of quality, performance, and other salient characteristics needed to meet City requirements, and which provides for the submission of equivalent products.
BRAND NAME SPECIFICATION: A specification limited to one (1) or more items by manufacturers' names or catalog numbers.
BUILDING IMPROVEMENT: The construction or repair of a public building or structure.
BUSINESS: Any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity.
CHANGE ORDER: A written order signed and issued by the Purchasing Agent, or designee, directing the contractor to make changes which the "changes" provision of the agreement authorizes the Purchasing Agent, or designee, to order without the consent of the contractor.
COMMODITY: An agricultural, grain, or livestock product or byproduct; a metal or mineral; a fuel, whether liquid, gaseous or otherwise; asphalt; tar; gravel; and all other goods, articles, products, or items that are so designated in writing by the Purchasing Agent, or designee.
CONFIDENTIAL INFORMATION: Any information which is available to an employee only because of the employee's status as an employee of the City and is not a matter of public knowledge or available to the public on request.
CONSTRUCTION: The process of building, altering, repairing, improving, or demolishing any City structure or building, or other improvements to any City real property. It does not include the routine repair, or maintenance of existing structures, buildings, or real property.
CONSUMER PRICE INDEX: The "Consumer Price Index for All Urban Consumers" as published by the Bureau of Labor Statistics of the United States Department of Labor.
CONTRACTOR: Any person having an agreement with the City.
COST ANALYSIS: The evaluation of cost data for the purpose of arriving at costs actually incurred or estimates of costs to be incurred, prices to be paid, and costs to be reimbursed.
COST DATA: Factual information concerning the cost of labor, material, overhead, and other cost elements which are expected to be incurred or which have been actually incurred by the contractor in performing the agreement.
COST REIMBURSEMENT AGREEMENT: An agreement under which a contractor is reimbursed for costs which are allowable and allocable in accordance with the agreement and this chapter.
DEPARTMENT: Any City department, commission, board, or agency requiring the procurement of supplies, services, or construction pursuant to this chapter.
DIRECT OR INDIRECT PARTICIPATION: Involvement through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity.
EMERGENCY REPAIRS: A building improvement or public works project undertaken on an expedited basis to:
A. Eliminate an imminent risk of damage to or loss of public or private property;
B. Remedy a condition that poses an immediate physical danger; or
C. Reduce a substantial, imminent risk of interruption of an essential public service.
EMPLOYEE: An individual paid a salary or wages by the City, whether elected or not; any noncompensated individual performing personal services for the City or any department, agency, commission, board, or any other entity established by the City; and any individual serving as an elected official of the City. Employee does not include a contractor.
FINANCIAL INTEREST:
A. Ownership of ten percent (10%) of any property or business; or
B. Holding a position in a business such as officer, director, trustee, partner, employee, or the like, or holding any position of management.
GRATUITY: A payment, loan, subscription, advance, deposit of money, service, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received.
IMMEDIATE FAMILY: A spouse, children, parents, brothers, and sisters.
INVITATION FOR BIDS: All documents, whether attached or incorporated by reference, utilized for soliciting sealed bids.
LOWEST RESPONSIVE RESPONSIBLE BIDDER: A contractor who:
A. Has submitted a bid in compliance with the invitation to bid:
1. Is the lowest bidder that satisfies the City's criteria relating to financial strength, past performance, integrity, reliability, and other factors that the City uses to assess the ability of a bidder to perform fully and in good faith the work provided in the bid;
2. Has furnished a bid bond or equivalent as a condition to the award of an agreement; and
3. Furnishes a payment and performance bond, or other applicable security, as required by law.
PERSON: Any business, individual, association, committee, club or other organizations, or group of individuals.
PRICE ANALYSIS: The evaluation of price data, without analysis of the separate cost components and profit as in cost analysis, which may assist in arriving at prices to be paid and costs to be reimbursed.
PRICING DATA: Factual information concerning prices for items substantially similar to those being procured. Prices refer to offered or proposed selling prices, historical selling prices and current selling prices. Pricing data refers to data relevant to both prime and subcontract prices.
PROCUREMENT: The buying, purchasing, renting, leasing, or otherwise acquiring of any supplies, services, or construction, including description of requirements, selection, and solicitation of sources, preparation and award of agreement, and all phases of agreement administration.
PROFESSIONAL SERVICES: Those services that are provided by a person skilled in the practice of a learned or technical discipline. Providers of professional services often require prolonged and specialized intellectual training, and profess attainments in special knowledge as distinguished from mere skills. Disciplines may include, but are not limited to, accounting, auditing, court reporting, experts in a specialized field, finance, law, materials testing, medicine, and others. Professional services do not include those services defined as "architectural and engineering services" under this section.
PUBLIC AGENCY: A public entity subject to or created by the City.
PUBLIC WORKS PROJECT:
A. The construction of:
1. A park, recreational facility, power or other City facilities; or
2. A pipeline, culvert, dam, canal, or other system for water, sewage, stormwater, flood control or power or other City infrastructure.
B. Public works project does not mean the replacement or repair of existing infrastructure on private property.
PURCHASING AGENT: The person or persons designated in this chapter to procure supplies, services, or construction on behalf of the City.
QUALIFIED PRODUCTS LIST: An approved list of supplies, services, or construction items described by model or catalog numbers, which, prior to competitive solicitation, the City has determined will meet the applicable specification requirements.
REQUEST FOR PROPOSALS (RFP): All documents, whether attached or incorporated by reference, utilized for soliciting proposals.
REQUEST FOR STATEMENT OF QUALIFICATIONS (RFQ): All documents used to solicit information about the qualifications of a person interested in responding to a potential procurement, including all other documents attached to that document or incorporated in that document by reference.
RESPONSIBLE BIDDER OR OFFEROR: A person who has the capability in all respects to perform fully the agreement requirements, and the experience, integrity, reliability, capacity, facilities, equipment, and credit which will assure good faith performance.
RESPONSIVE BIDDER: A person who has submitted a bid which conforms in all material respects to the requirements set forth in the invitation for bids.
SERVICES: The furnishing of labor, time, or effort by any person, including professional services.
SPECIFICATION: Any description of the physical or functional characteristics or of the nature of a supply, service, or construction item. It may include a description of any requirement for inspecting, testing, or preparing a supply, service, or construction item for delivery.
SUPPLIES: All property, including, but not limited to, equipment, materials, printing, insurance, and leases of real property, excluding land or a permanent interest in land. (Ord. 17-14)