(A) CHANGE ORDER means changes, due to unanticipated conditions or developments, made to any contract, which are reasonably and conscientiously viewed as being in fulfillment of the original scope of the contract and/or matters directly related thereto.
(B) City Manager's authority.
(1) Subject to the restrictions contained in (B)(2) below, the City Manager is authorized to approve and initiate work on the following types of change orders determined in his or her judgment to be in the public interest, as follows:
(a) All change orders decreasing the cost of the contract to the City that do not materially alter the character of the work contemplated by the contract.
(b) A change order, consisting of one or more changes permitted by division (A) above, where the net change, taking into account both increases and decreases in cost, increases the cost of the contract to the City by an amount not in excess of $50,000.
(c) A change order extending the contract completion date by not more than 90 calendar days.
(d) A change order comprised of administrative changes with no change in cost or completion date.
(e) Any change orders where the sum of all change orders and the original contract amount do not exceed $100,000.
(2) Notwithstanding the provisions of (B)(1) above, the City Manager is not authorized to approve a change order under either of the following conditions:
(a) Where the sum of all change orders issued under the contract exceed $100,000 or 10% of the original contract amount, whichever is less, except as authorized in § 38.48(B)(1)(e) above; or
(b) Where the cumulative effect of all approved change orders will result in the extension of a contract completion date by more than 180 calendar days.
(C) All change orders that the City Manager is not authorized to approve must be formally approved by the City Commission before work may be authorized to begin, and no claim against the City for extra work in furtherance of such change order shall be allowed unless prior approval has been obtained, notwithstanding any other provision, contractual or otherwise.
(D) Change orders shall not artificially be distributed or divided so as to bring the amount within the approval level of the City Manager, and any such proposed change order shall include within it all logically connected work required to be done at the time of the proposal.
(E) Notwithstanding the foregoing provisions, the following change orders relating to utility construction projects or design and construction management projects are authorized to be processed in the following manner:
(1) Construction changes requiring timely and expedited action in the field and which do not exceed $10,000 may be authorized by the Director of Public Utilities or designee or the Director of Design and Construction Management or designee. For construction projects that include services provided by a construction manager engaged by the City, the Director of Public Utilities or the Director of Design and Construction Management must obtain the construction manager's written concurrence that a construction change is necessary and that such change is consistent with the project's original scope of services prior to the execution of a change order. A construction change, as previously described, may only occur when, prior to the commencement of any work, a written change order is executed by the individuals authorized herein and the construction contractor.
(2) Construction changes requiring timely and expedited action in the field and which exceed $10,000 but do not exceed $50,000, and upon the recommendation of the Director of Public Utilities or the Director of Design and Construction Management, may be authorized by the City Manager or designee. For construction projects that include services provided by a construction manager engaged by the City, the Director of Public Utilities or the Director of Design and Construction Management must obtain the construction manager's written concurrence that a construction change is necessary and such change is consistent with the project's original scope of services prior to the execution of a change order. A construction change, as previously described, may only occur when, prior to the commencement of any work, a written change order is executed by the individuals authorized herein and the construction contractor.
(3) All change orders authorized in accordance with this division (E) are subject to the written confirmation or approval as to the availability of sufficient funding for each change order by the official authorizing such change orders.
(‘72 Code, § 11½-42) (Ord. O-75- 18, passed 2-19-75; Am. Ord. O- 89-11, passed 3-1-89; Am. Ord. O- 93-33, passed 7-21-93; Am. Ord. O-95-19, passed 4-4-95; Am. Ord. O-98-09, passed 5-20-98; Am. Ord. O-99-33, passed 10-20-99; Am. Ord. O-2005-20, passed 10-11-05; Am. Ord. O-2009-11, passed 5-6- 09; Am. Ord. O-2011-18, passed 6- 1-11; repealed and replaced by Ord. O-2020-07, passed 7-1-20)