§ 4.20.050. Contract clauses and their administration.

A.

Contract Clauses. The standards board shall promulgate regulations requiring the inclusion in metropolitan government construction contracts of clauses providing for adjustment in prices, time of performance or other contract provisions, as appropriate, and covering the following subjects:

1.

The unilateral right of the metropolitan government to order in writing:

a.

Changes in the work within the scope of the contract, and

b.

Changes in the time of performance of the contract that do not alter the scope of the contract work;

2.

Variations occurring between estimated quantities of work in a contract and actual quantities;

3.

Suspension of work ordered by the metropolitan government; and

4.

Site conditions differing from those indicated in the contract, or ordinarily encountered, except that differing site conditions clauses promulgated by the standards board need not be included in a contract:

a.

When the contract is negotiated,

b.

When the contractor provides the site or design, or

c.

When the parties have otherwise agreed with respect to the risk of differing site conditions.

B.

Price Adjustments.

1.

Adjustment in price pursuant to clauses promulgated under subsection A of this section shall be computed in one or more of the following ways:

a.

By agreement on a fixed price adjustment before commencement of the pertinent performance or as soon thereafter as practicable,

b.

By unit price specified in the contract or subsequently agreed upon,

c.

By the costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as specified in the contract or subsequently agreed upon,

d.

In such other manner as the contracting parties mutually agree, or

e.

In the absence of agreement by the parties, by a unilateral determination by the metropolitan government of the costs attributable to the events or situations under such clauses with adjustments of profits and fee, all as computed by the metropolitan government in accordance with applicable sections of the regulations of the standards board;

2.

A contractor shall be required to submit cost or pricing data if any adjustment in contract price is subject to regulations promulgated pursuant to the provisions of Section 4.12.130 Cost of pricing data.

C.

Additional Contract Clauses. The standards board shall promulgate regulations requiring the inclusion in metropolitan government construction contracts of clauses providing for appropriate remedies and covering the following subjects:

1.

Liquidated damages as appropriate;

2.

Specified excuses for delay or nonperformance;

3.

Termination of the contract for default; and

4.

Termination of the contract in whole or in part for the convenience of the metropolitan government.

D.

Modification of Required Clauses. The purchasing agent may vary the clauses promulgated by the standards board under subsections A and C of this section for inclusion in any particular metropolitan government construction contract, provided that any variations are supported by a written determination that states the circumstances justifying such variation and provided that notice of any such material variation be stated in the invitation for bids or request for proposals.

E.

Artifacts Found During Excavations on Public Property. All contracts awarded pursuant to this chapter shall include a clause requiring any person finding a site and/or artifact while excavating on public property to take the necessary action to preserve the site and/or artifact and immediately notify the executive director of the metropolitan historical commission or his designee. For purposes of this subsection, the following terms shall have the meaning ascribed herein:

"Artifacts" means all relics, specimens or objects of an historical, prehistorical, archaeological or anthropological nature which may be found above or below the surface of the earth, and which have scientific or historic value as objects of antiquity, as aboriginal relics, or as archaeological specimens.

"Public property" means property that is owned or is under the control of the metropolitan government or any of its boards, commissions, or agencies.

"Site" means any location of historic or prehistoric human activity such as, but not restricted to, mounds, forts, earthworks, burial grounds, structures, villages, mines, caves, shipwrecks, and all locations which are or may be sources of paleontological remains.

(Ord. BL2011-834 § 2, 2011; Ord. 92-210 § 1 (5-401), 1992)