§ 2-272. Alterations or modifications of contracts.

(a)

Where in the opinion of the department head it becomes necessary for the prosecution of any work or improvement under contract to make alterations or modifications in such contract, such alterations or modifications may only be effected as follows:

(1)

Unforeseen conditions allowance. The city manager, or his or her designee as set forth in writing, shall have the authority to approve expenditures up to the total amount of the allowance for unforeseen conditions as established upon award of the contract.

(2)

Change orders by city manager authority. The city manager, or his or her designee as set forth in writing, shall have the authority to approve change orders up to $25,000.00 if an allowance is not included in the contract.

(3)

Emergency event. The city manager, or his or her designee as set forth in writing, shall have the authority to approve and execute change orders that increase the contract price beyond the unforeseen conditions allowance only for an emergency event that occurs during the performance of the contract and requires immediate resolution to avoid one or more of the following: additional costs that were not reasonably anticipated; delay to the project that increases costs; or endangerment of the public. Each change order issued as a result of an emergency event shall be brought to city council for ratification at the next available meeting, if the approval authority of the city manager has been exceeded or if the allowance has been exceeded.

(4)

Scope and time. City council approval shall be required for changes in project scope, defined as changes that materially alter or expand the original intent of the project, taking into consideration the details included in the advertisement and previous award approval by council, if applicable. City council approval shall be required for changes in project time over 30 days.

(b)

Except as expressly modified in a change order, all other terms and conditions of the modified contract shall remain in full force and effect.

(Code 1981, § 8-37; Ord. No. 1997-22, § 8, 5-6-1997; Ord. No. 2004-15, § 7, 7-20-2004; Ord. No. 2015-30 , § 1, 8-18-2015; Ord. No. 2016-2017 , § 1, 10-18-2016)