The following definitions apply in this title:
"Affiliates" means persons that have the same or substantially the same management, ownership, control, or one or more of the same principal employees.
"Bid" means a submission to the city in response to the solicitation of a contract to be awarded to the lowest-responsible bidder.
"Bidder" means any person that submits a bid.
"Change order" means a written amendment to a contract for a public project.
"City manager" means the city manager or designee.
"Competitive bidding" means the process of soliciting bids and awarding a contract to the lowest-responsible bidder.
"Contract" means a written agreement to purchase goods, nonprofessional services, or professional services; or to construct, repair, or maintain a public project.
"Contract amendment" means a written modification to a contract, including change orders, supplements, task orders, and any other written instrument that modifies the contract.
"Contract amount" means the not-to-exceed amount of a contract, as modified by any contract amendment.
"Cooperative purchasing" means procurement conducted by, or on behalf of, two or more public agencies, to leverage their combined purchasing power.
"Debarment" means any action taken by the city manager, or a hearing examiner on appeal, pursuant to this chapter, or by another public agency, to suspend or render a person ineligible to bid upon, be awarded, or contract with any public agency.
"Expenditure" means the payment of funds or the provision of goods or services by the city.
"Goods" means supplies, equipment, or materials, including materials required for the maintenance or repair of any street, sewer, or water work.
"Lowest-responsible bidder" means the responsible bidder, as determined pursuant to section 3.56.020, whose bid is responsive to the bid requirements, including any local business enterprise program or local hire program requirements included in the bid specifications, and whose bid price is the lowest after all bid prices are calculated to include any applicable bid price preferences.
"Maintenance" means recurrent, periodic, or scheduled work required to preserve a facility. It includes:
1. Work required to restore components that have deteriorated from wear and tear; and
2. Other work on a facility to prevent damage or deterioration to that facility which would be more costly to restore.
"Nonprofessional services" means services of a nonprofessional character of any type, description, or variety, including tree-trimming services, janitorial services, and repair services for office machines, equipment, and automotive vehicles.
"Piggybacking" means relying on a solicitation process conducted by another public agency, if permitted by the other public agency.
"Predecessor-in-interest" means a person whose rights, assets, debts, or obligations are acquired or assumed by another person.
"Principal" means any officer, director, owner, shareholder, partner, responsible managing employee, or person with primary management or supervisory responsibilities, including any person who has a substantial influence or substantive control over performance of a contract.
"Professional services" means services of a professional character, including services rendered by engineers, architects, auditors, actuaries, and attorneys.
"Proposal" means an offer in response to a solicitation for a contract to be awarded on a basis other than lowest cost.
"Proposer" means any person that submits a proposal, statement of qualifications, or other response to a solicitation for a contract to be awarded on a basis other than lowest cost.
"Protest" means a claim, filed by a bidder or proposer in accordance with the provisions of this chapter and city policies, alleging improprieties in the solicitation documents or challenging a recommendation to award a contract to a particular bidder or proposer.
"Protested contractor" means a bidder or proposer against whom a protest has been filed.
"Protester" means a potential contractor, or the potential contractor's authorized representative, who files a protest in accordance with the provisions of this chapter and the city's protest policy.
"Public project" means the following:
1. A project for the erection, improvement, and remodeling of public buildings and works;
2. Work in or about streams, bays, waterfronts, embankments, or other work for protection against overflow;
3. Street, sewer, or water work, except maintenance or repair;
4. Maintenance and repair of public facilities other than street, sewer, or water facilities.
5. Furnishing goods for any such projects.
"Purchase" means the procurement of goods, nonprofessional services, professional services, or public projects, and includes the rental or leasing of goods.
"Remodel" means alteration or conversion work on an existing facility to change its use, function, or layout.
"Repair" means restoration of a facility or components to such condition that it may be used effectively for its designated purpose, by overhaul, or replacement of constituent parts or materials that have deteriorated by action of the elements, vandalism, or wear and tear that cannot be corrected through maintenance. Repair includes restoring or replacing components of facilities damaged by fire, storm, explosions, the elements, and other disasters.
"Request for bids" means a written request, invitation, or solicitation for bids to perform a contract issued by the city.
"Solicitation" means a written request for proposals, request for bids, request for qualifications, or other appropriate competitive method to select a contractor.
"Successor-in-interest" means a person who acquires or assumes the rights, assets, debts, or obligations of another person.
"Work" means the goods, nonprofessional service, professional service, or public project to be provided under a contract. (Ord. 2024-0010 § 4)