(a) Escrow waiver. Any and all construction contracts executed by the city must include an executed escrow waiver, a copy of which escrow waiver is attached to Ordinance 2012-127 as Exhibit “A” or in substantial compliance with the same, and incorporated herein fully as if by reference.
(b) Modifications. When it becomes necessary, in the opinion of the Mayor or the head of the department authorized by ordinance to execute the original contract, for infrastructure and/or building projects, to make a modification or change order to the original contract, such modification or change order shall not be effective and valid unless all of the following conditions have been completed.
(1) Council has approved the modification or change order through legislation and has appropriated sufficient amounts of money to cover both the original contract and the cost of the modification or change order.
(2) An amendment to the contract in writing has been made by the Mayor or the head of the department authorized to execute the original contract describing the nature of the modification or change order. For modifications or change orders involving price, the amendment shall state the original contract price before the change order, the agreed net increase or decrease of the proposed change order, and the new total contract price by reason of such change order.
(3) The contract amendment has the written approval signatures of the Mayor or the authorized head of the department involved, the contractor and the Director of Finance, and has been approved as to form by the Director of Law.
(c) Payment of recovery. No contractor shall be paid or allowed to recover anything for work or material in excess of the original contract, unless there has been a duly executed and approved change order made in accordance with this section.
(d) Duplicate copies. Duplicate copies of each contract shall be kept on file in the office of the head of the department executing the contract or the Mayor, as the case may be, and a copy thereof shall be kept on file in the office of the Director of Finance and Clerk of Council.
(Ord. 2000-268, passed 11-6-2000; Ord. 2012-127, passed 5-7-2012; Ord. 2013-90, passed 6-3-2013)