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Ordinance - 2268ORDINANCE NO.2268 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING ARTICLE X (PUBLIC WORKS CONTRACTS) OF CHAPTER 19 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE WEST COVINA MUNICIPAL CODE RELATED TO PUBLIC WORKS CONTRACTS WHEREAS, the City is a general law city required to follow the Public Contracts Code in connection with bidding and awarding public works contracts; and WHEREAS, the City Council has previously adopted the Uniform Construction Cost Account Act by resolution, which permits the City to do less formal bidding for public works projects valued at $175,000 or less; and WHEREAS, the City Council desires to have greater control over expenditures on public works contracts and particularly over change orders issued after the public works contract is let. NOW THEREFORE, the City Council of the City of West Covina does ordain as follows: SECTION NO. 1: The above recitals are true and correct and are incorporated herein as if set forth herein in full. SECTION NO. 2: Article X (Public Works Contracts) of Chapter 19 (Streets, Sidewalks and Public Places) of the West Covina Municipal Code is hereby added as follows: ARTICLE X. PUBLIC WORKS CONTRACTS Section 19-300 The city shall comply with the Public Contract Code sections which are applicable to cities, except where a more stringent requirement has been adopted by ordinance of the City Council. Section 19-301 The city has adopted by resolution the California Uniform Public Construction Cost Accounting Act, California Public Contract Code section 2200, et seq. ("The Act"). Upon approval of the City Manager, public works contracts may follow the alternative bidding procedure pursuant to the Act (adopted by City Council Resolution 2007-83 on December 18, 2007) within the limits specified in the Act, as they may be changed from time to time. Section 19-302 The city has, in section 19-1 of this code, adopted the Standard Specifications for Public Works Construction ("the Green Book") except to the extent those specifications conflict with any other provision of the City's Municipal Code or standard specifications. The City Council intends to limit the use of change orders for public works contracts notwithstanding any contrary provision of the Green Book. A. Once a public contract has been let, an authorized change order shall be obtained prior to committing the city to any or additional financial obligations. B. When a change order would bring the total contract amount for the public works contract to an amount exceeding $30,000, any such change order or amended public works contract must be approved by the City Council, excepted as provided in subsections C and D below. C. When the public works contract is awarded by the City Council with a contingency, a change order within that contingency may be approved by the Public Works Director and City Manager. Ordinance No. 2268 Page 2 D. When there is an emergency or unforeseen conditions are discovered during the construction process, a change order up to the maximum of 25% of the contract price may be authorized by the Public Works Director and City Manager if necessary to protect against risk to persons or property or to prevent unreasonable delay in the completion of the project. In this circumstance, the contractor may be directed to proceed, and a report detailing the emergency or unforeseen conditions shall be prepared and presented to the City Council at the next available City Council meeting to ratify the proposed change order or amendment. E. A change order which results in a reduction in price, quantities purchased and/or scope of work may be ,approved by the Public Works Director and the City Manager. City Council approval shall be required if the scope of the work is changed in such a way as to alter the overall clear intent and/or direction of the City Council. SECTION NO. 3: The City Council hereby finds that it can be seen with certainty that there is no possibility the adoption and implementation of this Ordinance may have a significant effect on the environment. The Ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act pursuant to Section 15061(b) (3) of Title 14 of the California Code of Regulations. SECTION NO. 4: Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Chapter, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. SECTION NO. 5: This ordinance shall take effect thirty (30) days after its final passage and within fifteen (15) days after its passage, the City Clerk of the City of West Covina shall certify to the passage and adoption of this ordinance and to its approval by the Mayor and City Council and shall cause the same to be published in a newspaper in the manner required by law. APPROVED, AND ADOPTED on this 18th day of November 2014. ATTEST: Ordinance No. 2268 Page 3 I, NICKOLAS S. LEWIS, CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day 21" of October 2014. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 18t" day of November 2014, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Spence, Sykes, Toma, Warshaw, Herfert None None None APPROVED AS TO FORM: Ci y Attorn y Kimberly Hall Barlow