§ 4.24.010. Contract clauses and their administration.

A.

Contract Clauses. The standards board may promulgate regulations permitting or requiring the inclusion of clauses providing for adjustments in prices, time of performance or other contract provisions as appropriate 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.

Temporary stopping of the work or delaying performance; and

2.

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

B.

Price Adjustments.

1.

Adjustments 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 cost 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 may mutually agree; or

e.

In the absence of agreement by the parties, by a unilateral determination by the metropolitan government of the cost attributable to the events or situations under such clauses with adjustment of profit or fee, all as computed by the metropolitan government in accordance with applicable sections of the regulations promulgated by the standards board.

C.

Additional Contract Clauses. The standards board may promulgate regulations including, but not limited to, regulations permitting or requiring the inclusion in metropolitan government 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 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 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.

(Ord. 92-210 § 1 (6-101), 1992)