City of Industry Municipal Code Ch. 3.48 Public Projects

The city manager is authorized to approve under extraordinary circumstances change orders to public works construction contracts.

(Ord. 435 § 1, 1979)

No change order may be authorized pursuant to Section 3.48.010 unless the following procedure shall have first been completed:

A. A signed statement shall have been provided in writing by the project coordinator to the city engineer which sets forth:

1. The project number and description of the contract, and

2. The amount to be paid to the contractor under the terms of the subject contract, and

3. The amount which has been paid and which will be paid to the contractor pursuant to all previous change orders to the subject contract, and

4. A full explanation of the circumstances requiring immediate action by the city manager, and

5. The opinion that the circumstances described in subdivision 4 of this subsection require immediate action by the city and that delaying action on the proposed change order until the next regularly scheduled meeting of the city council will cause unreasonable delay and substantial economic loss with respect to the subject contract, and

6. The amount to be paid to the contractor for construction of the proposed change order;

B. A written description of the proposed change order, including sketches or other graphics shall have been provided by the project coordinator to the city engineer; and

C. The amount described in subdivision 6 of subsection A of this section does not exceed ten percent of the amount described in subdivision 2 of subsection A of this section; and

D. The amount described in subdivision 6 of subsection A of this section plus the amount described in subdivision 3 of subsection A of this section does not exceed twenty-five percent of the amount described in subdivision 2 of subsection A of this section; and

E. The city engineer shall have made a written recommendation to the city manager based upon subsections A, B, C and D of this section that the proposed change order is proper.

(Ord. 435 § 1, 1979)

Any change order to a public works construction contract approved by the city manager under extraordinary circumstances shall be presented to the city council at its next regular scheduled or adjourned meeting for ratification.

(Ord. 435 § 1, 1979)

"Public works construction contract," for the purposes of this chapter, means a contract which was previously entered into pursuant to competitive public bidding for:

A. The erection, improvement and repair of public buildings and works;

B. Work in or about streams, bays, waterfronts, embankments or other work for protection against overflow;

C. Street or sewer work;

D. Furnishing supplies or materials for any such project.

(Ord. 435 § 1, 1979; Ord. 605 § 2, 1994)