New Search
of the following conditions are met with respect to the entire public <br />improvement project: <br />1. The city’s contribution to the project may not exceed 25% of <br />the total cost of the project; <br />2. The city must comply with all applicable laws concerning the <br />reporting of the project to the Bureau of Labor and Industries <br />as a public works project; <br />3. The general contractor for the project must agree in writing to <br />comply with all applicable laws concerning reporting and <br />payment of prevailing wages for the project; <br />4. The funds contributed to the project may not provide a <br />pecuniary benefit to the owner of the development for which <br />the project is being constructed, other than benefits that are <br />shared by all members of the community; <br />5. The performance of the general contractor and the payment of <br />labor for the project must be secured by performance and <br />payment bonds or other cash-equivalent security that is <br />acceptable to the purchasing agent to protect the city against <br />defective performance and claims for payment, unless the <br />city’s obligation to make a payment is conditioned upon final <br />completion of the public improvement and proof of, or security <br />for payment that is acceptable to the purchasing agent; and, <br />6. The contract for construction of the project must be amended, <br />as necessary, to require the general contractor to maintain <br />adequate workers compensation and liability insurance and to <br />protect and provide indemnification to the city for all claims for <br />payment, injury or property damage arising from or related to <br />the construction of the project. <br />(3)Personal Services Contracts. <br /> The purchasing agent shall adopt such <br />rules for the selection and award of contracts for personal services as <br />the purchasing agent, in his or her sole discretion deems appropriate. <br />(4)Hybrid Contracts. <br /> The following classes of contracts include elements <br />of construction of public improvements as well as personal services and <br />may be awarded under a request for proposals, unless exempt from <br />competitive solicitation. <br />(a) Design/build and CM/GC contracts. Contracts for the construction <br />of public improvements using a design/build or construction <br />manager/general contractor construction method shall be awarded <br />under a request for proposals. The determination to construct a <br />project using a design/build or construction manager/general <br />contractor construction method must be approved by the city <br />manager or the city manager’s designee, upon application of the <br />solicitation agent, in which the solicitation agent submits facts that <br />support a finding that the construction of the improvement under <br />the proposed method is likely to result in cost savings, higher <br />quality, reduced errors, or other benefits to the city. <br />Ordinance - 8 <br /> <br />