Sec. 18.1-2. Definitions.
(a) The definitions contained in the Virginia public procurement act, including without limitation, those at Va. Code §2.2-4301, apply to this Lynchburg public procurement code.
(b) In addition to the definitions contained in the Virginia public procurement act, the following definitions apply to this Lynchburg public procurement code:
(1) "Business day" means a day that the city of Lynchburg government offices are officially open for business.
(2) "City manager" means the city manager of the city of Lynchburg or his designee(s), and, if the city manager is absent or unable to carry out his duties, the person acting as city manager during such period of absence or incapacity.
(3) "City attorney" means the city attorney of the city of Lynchburg or his designee(s), and if the city attorney is absent or unable to carry out his duties, the person acting as city attorney during such period of absence or incapacity.
(4) "Claim" means a demand or assertion by a contractor seeking, as a matter of right, adjustment or interpretation of contract terms, payment of money, extension of time, or other relief with respect to the terms of a contract with the city. "Claim" also includes other disputes and matters in question between the contractor and the city arising out of, or relating to, a contract between the contractor and the city.
(5) "Contractor" means the person entering into a contract with the city, as well as any successor, authorized assign, surety, or insurance company claiming contractor’s rights through contractor’s privity of contract with the city. "contractor" does not include subcontractors, vendors, suppliers, or lower tier subcontractors lacking privity of contract with the city.
(6) "Day" means calendar day unless otherwise indicated.
(7) "Lynchburg PPTA/PPEA procedures" means the city of Lynchburg implementation procedures and guidelines for the public-private transportation act of 1995 and the public-private education facilities and infrastructure act of 2002.
(8) "Occurrence" means when a condition is encountered by a contractor that may result in a claim by the contractor against the city. In construction, an "occurrence" is a condition encountered as a project progresses (including without limitation, a differing site condition, alleged delay in, or interference with, contractor’s performance by the city or its architect, engineer, or consultant or alleged errors or omissions in plans or specifications) that the contractor contends would entitle it to a change in the contract's price, schedule, or manner of performance, and an occurrence would not be a later dispute about payment for such a condition.
(9) "Procurement administrator" means the procurement administrator for the city of Lynchburg or his designee(s), and, if the procurement administrator is absent or unable to carry out his duties, the person acting as procurement administrator during such period of absence or incapacity. (Ord. of 12-13-05, Ord. No. O-05-161)
Last updated date: 10/23/2006 4:15:21 PM