§ 19-237. Contract requirements.

(a)

All contracts shall be executed pursuant to the City Charter, for and on behalf of the city.

(b)

All contracts shall be approved by the city attorney before they are executed by the proper authority pursuant to the City Charter, unless the city attorney determines that it is not practical and advantageous to do so.

(c)

The city manager shall require a performance bond and a labor and material bond or equal security on all public works contracts over fifty thousand dollars ($50,000.00) and may require such bonds or security on public works contracts under fifty thousand dollars ($50,000.00).

(d)

The last payment on a public works contract in an amount of ten thousand dollars ($10,000.00) or more will not be made until at least ten (10) days after a notice of intention to pay is published at least twice in a newspaper of general circulation in the city and after the city has received a release of liens. Claims against the contract payment shall be filed as prescribed by state law.

(e)

The contract shall include provisions for retainage of contract sums as prescribed by state law, and may include provisions for retainage in contracts not covered by state law.

(f)

The city may, by contract, require the contractor to waive, release or extinguish its rights to recover costs or damages, or obtain an equitable adjustment, for delays in performing such contract, if such delay is caused, in whole or in part, by acts or omissions of the city or its agents, if the contract provides that an extension of time for completion of the work is the contractor's remedy for such delay. Such a clause is valid and enforceable, and provision of state law to the contrary notwithstanding.

(Ord. No. 30-1995, 11-28-95, eff. 12-8-95)