Chapter 5.05
PUBLIC WORKS CONTRACTS
Sections:
5.05.020 Authority of Purchasing Officer.
5.05.030 Monetary limits on authority of Purchasing Officer.
5.05.040 Emergency authority of City Manager.
5.05.050 Assessment districts.
5.05.060 Delegation of authority by City Manager.
5.05.010 Scope of chapter.
This chapter shall apply to public works contracts which have been awarded by the City Council. [Ord. 13-010 § 1.]
5.05.020 Authority of Purchasing Officer.
Except as may be otherwise provided by resolution of the City Council, the Purchasing Officer is authorized to issue change orders for public works contracts. If the change order will result in an increase in the cost to the City, the Purchasing Officer’s authority shall be within the limits set forth in DMC 5.05.030. The Purchasing Officer, in executing the authority specified in this section, shall not be required to obtain further City Council approval for the transfer of sufficient funds from the established project contingency to fund the costs of the change order. [Ord. 13-010 § 1.]
5.05.030 Monetary limits on authority of Purchasing Officer.
The Purchasing Officer shall have the authority to issue change orders; provided, that the sum of all such change orders for any single contract shall not exceed ten percent (10%) of the original contract price or such lesser or greater amount as may be provided by ordinance or resolution of the City Council. [Ord. 13-010 § 1.]
5.05.040 Emergency authority of City Manager.
A. Notwithstanding the foregoing monetary limitations of DMC 5.05.030, the Purchasing Officer shall have authority to issue emergency change orders in such sums as may reasonably be necessary in the event that the Purchasing Officer, in his or her sole discretion, determines that a change order is necessary in order to:
1. Prevent interruption of the work which would result in a substantial increase in cost to the City; or
2. Protect the work or equipment or materials to be used in the work, or human safety or the environment at or near the site of the work, from substantial and immediate danger of injury; or
3. Protect, where damage or injury has occurred, the work, or equipment or materials to be used in the work, or human safety or the environment at or near the site of the work from further or additional damage or injury or deterioration caused by man, nature or other source.
B. In the event any such action exceeds the specific authority set forth in DMC 5.05.030, the Purchasing Officer shall report to the City Council regarding any such action as soon as reasonably possible but in no event more than thirty (30) days after such change order is executed.
C. Notwithstanding any other provision in this section, the cumulative costs of the change orders for a public works contract, including such emergency change orders as may be approved by the Purchasing Officer under this section, may not exceed the funds budgeted and available for the payment of said change orders for the project.
D. Notwithstanding anything to the contrary in this section, the authority of the Purchasing Officer to issue change orders shall be limited to the scope of the original contract unless, in the judgment of the Purchasing Officer, change orders exceeding the scope of the original contract are necessary to protect the safety of human life and the environment at or near the site of the work.
E. After issuing an emergency change order pursuant to this section, the Purchasing Officer’s authority to issue change orders pursuant to DMC 5.05.030 shall be restored to the extent that the City Council subsequently ratifies prior emergency change orders issued and negotiated pursuant to this section. [Ord. 13-010 § 1.]
5.05.050 Assessment districts.
Notwithstanding anything to the contrary in the foregoing, the authority of the Purchasing Officer to issue change orders for assessment district proceedings shall be governed by the provisions of any statute, ordinance or other law authorizing such proceeding. [Ord. 13-010 § 1.]
5.05.060 Delegation of authority by City Manager.
Except as otherwise be provided in ordinance or resolution, the Purchasing Officer may, in writing, delegate his authority to issue change orders under this chapter to the City Engineer/Public Works Director. The Purchasing Officer may also delegate such authority to other officers and employees of the City when authorized to do so by resolution of the City Council. [Ord. 13-010 § 1.]
5.05.070 Contracts for furnishing supplies or materials for public works projects – Determination of low bidder.
In contracts which involve only the purchase of supplies or materials by the City for a public project having a cost which exceeds forty-five thousand dollars ($45,000.00), in determining the lowest monetary bidder, in addition to considering the lowest monetary price bid, the City Council shall consider which bids, price offers or quotations will result in receipt by the City of sales or use tax under the provisions of Cal. Rev. & Tax. Code Division 2, Part 1.5 and Chapter 4.04 DMC and shall deduct the amount of sales or use tax which will be received from any such bid, price offer or quotation. [Ord. 13-010 § 1; Ord. 16-002 § 1.]