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