Chapter 22 PUBLIC WORKS AND IMPROVEMENTS*
Section 22-79 Entering into contract; bond of contractor.
(a) Before any work under this chapter shall be commenced,
if done by contract, the contractor
shall enter into a written contract, to be approved by the city counselor, upon facts and
specifications furnished by the city official charged with the responsibility for such improvement
under the charter, executed in triplicate by such contractor and by the city manager on behalf of
the city, one of which shall be for the use of the city and another for the contractor. The contract
shall set forth the terms thereof, provide for the completion of such work according to the plans
and specifications within the time agreed upon, and without negligence causing or tending to
cause damage to private property, prescribe the manner in which payment for the same shall be
made, and provide that the contractor agrees to accept payment for such work in whole or in part
by the city or in whole or in part by special tax bills or other evidence of special assessments
issued to the contractor; further, it shall provide that in no event is the city liable for any sum
whatever for work done under such contract except as hereinbefore provided, and the plans and
specifications shall be attached to such contract and made a part thereof. Such contract, before it
becomes binding and effective, shall be confirmed by ordinance.
(b) The contractor shall also give an approved bond to the
city in an amount not less than the
contract price, or a bond with two (2) or more good and sufficient securities to be approved by
the city manager, conditioned that the contractor will faithfully and completely comply with all
the terms and conditions of such contract, and that he will pay for all labor and material
employed that are used in the work, provided for in such contract, and hold the city harmless on
account of any damage which may accrue to any person by reason of the negligence of such
contractor in constructing such work, and against liens growing out of such labor performed or
materials furnished. The city council shall have the power to require any contractor grading or
paving any alley, or grading, paving or guttering the roadway part of any street, when the
improvement is to be paid for with special tax bills, to guarantee that an improvement will last
for a specified term of years, and during such term will be kept in repair, and to require the
contractor to give to the city approved bonds for the faithful performance of any obligation.
(Code 1964, § 14.480)
State law reference(s)--Contractor's bond, RSMo. § 88.520(4).