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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 /> 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) Persona~ 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 /> managedgeneral 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 managedgeneral <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 /> <br />Ordinance <br /> <br /> <br />