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6. Section 12-180 of the Code of the City of Portsmouth, Virginia (2006) is amended <br />as follows: <br />Sec. 12-180. -Contract pricing arrangement. <br />(a) Except as provided herein, public contracts may be awarded on a fixed price or cost <br />reimbursement basis, or on any other basis that is not prohibited. <br />(b) Except in the case of emergency affecting public health, safety or welfare, no public <br />contract shall be awarded on the basis of a cost-plus a percentage of cosh. A <br />policy or contract of insurance or prepaid coverage having a premium computed on <br />the basis of claims paid or incurred, plus the insurance carrier's administrative cost <br />and retention stated in whole or in part as a percentage of such claims, shall not be <br />prohibited by this section. <br />7. Section 12-184 of the Code of the City of Portsmouth, Virginia (2006) is amended <br />as follows: <br />Sec. 12-184. -Performance and payment bonds generally. <br />(a) Upon the award of any public construction contract exceeding $500,000.00 <br />awarded to any prime contractor, in accordance with Code of Virginia & 2 2-4337 as <br />amended. restated or moved from time to time, such contractor shall furnish to the <br />city the following bonds: <br />(1) A performance bond in the sum of the contract amount conditioned upon the <br />faithful performance of the contract in strict conformity with the plans, <br />specifications and conditions of the contract. <br />(2) A payment bond in the sum of the contract amount. Such bond shall be for the <br />protection of claimants who have fulfilled contracts to supply labor or materials <br />to the prime contractor to whom the contract was awarded, or to any <br />subcontractors, in the furtherance of the work provided for in such contract, and <br />shall be conditioned upon the prompt payment for all such material furnished or <br />labor supplied or performed in the prosecution of the work. "Labor or materials" <br />shall include public utility services and reasonable rentals of equipment, but <br />only for periods when the equipment rented is actually used at the site. <br />(b) Each bond required by this section shall be executed by one or more surety <br />companies selected by the contractor which are legally authorized to do business in <br />the commonwealth. Such bonds shall be filed with and payable to the city. <br />(c) Nothing shall preclude the nurchasin~ administrator from reauirin~ navment or <br />performance bonds for construction contracts below~f <br />$500,000.00, ',. ~-~-~-~Pkfr~r ,.., a ,. <br />r <br />7 <br />