3.16.080 Change orders.
(1) Any alteration to, amendment of, or deviation from an awarded purchase order or contract as to scope, cost, time for completion, material, or equipment furnished as a part of the purchase order or contract, or any alteration to, amendment of, or deviation from the nature of work to be performed shall require the completion and issuance of a change order or execution of a contract amendment.
(2) Additions to work cannot be combined with deletions to work to avoid the change order requirement.
(3) If the original purchase order or contract was approved by the purchasing officer, then the purchasing officer or his or her designee may approve a change order for that purchase order or contract; provided the combined amount of the original purchase order and the change order does not exceed the purchasing officer’s purchasing authority. If the original purchase order or contract was approved by the council, then the purchasing officer or his or her designee may approve a change order in an amount that does not exceed the purchasing officer’s purchasing authority. All other change orders shall be approved by the council or the person, if any, designated in a contract approved by the council. No change order shall be binding on the city until approved as provided in this section.
(4) If a proposed contract modification, change order or request for extra work exceeds the limitations set upon the city manager by this section or resolution, and delay in obtaining city council approval is reasonably determined to subject the city to liability for damages incurred by a contractor, or to jeopardize the public health, welfare, or safety, or to otherwise result in potential detriment to the city, then the purchasing officer shall have authority to exceed the dollar amounts specified in the purchasing policy/municipal code. All contract modifications shall be subject to approval as to form by the city attorney.
(5) Change orders shall not be issued unless:
(a) The change order arises in good faith out of an unknown condition or unforeseen circumstance differing materially from the conditions of the purchase order or contract; or the change order arises due to an error, as determined by the city, in the city’s specifications that accompanied the bid solicitation; or the city desires to make a material substitution or addition to the project based on new information obtained during the construction phase of the project; and
(b) The change order does not change the purpose of the purchase order or contract; and
(c) With regard to a service contract or a contract for public project performance, the change order is reasonably related to the scope of work authorized under the original contract; and
(d) With regard to the purchase of equipment, goods or supplies, the change order is required to allow the equipment, goods or supplies to fulfill the purpose for which they were intended, and such change order does not authorize the purchase of additional equipment, goods or supplies that could also be purchased from another source and used compatibly with the equipment, goods or supplies purchased. (Ord. 649 § 2, 2015).