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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. 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. 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 /> (b) Energy savings performance contracts. Unless the contract <br /> qualifies for award under another classification in this section <br /> 2.1430, contractors for energy savings performance contracts shall <br /> be selected under a request for proposals. <br /> ($) Contracts for Goods and Services. <br /> (a) Any procurement. The procurement of goods or services, or <br /> goods and services in any amount may be made under either an <br /> invitation to bid or a request for proposals. <br /> (b) Procurements up to $150,000. The procurement of goods or <br /> services, or goods and services, for which the estimated contract <br /> price does not exceed $150,000 may also be made under an <br /> informal solicitation for either quotes or proposals. <br /> (6) Contracts Subject to Award at Purchasing Agent's Discretion. <br /> Subject to regulation under rules adopted by the purchasing agent, the <br /> following classes of contracts may be awarded in any manner which the <br /> solicitation agent deems appropriate to the city's needs, including by <br /> direct appointment or purchase. <br /> (a) Advertisinq. Contracts for the placing of notice or advertisements <br /> in any medium. <br /> <br />Ordinance - g <br />L:\CMO~005 Council Agendas\M050214\S0502144-attA.doc <br /> <br /> <br />