§ 3.16.100. Construction contract procedure.

A.

Contract Defined. For the purposes of this section, "contracts" means and includes construction contracts. The term does not include professional services and other contractual services which are in their nature unique and not subject to competition.

B.

Competitive Bidding Required. When it is in the best interests of the city, all contracts shall be based wherever possible on competitive bids, following the procedures set out in this chapter.

C.

Formal Contract Procedure. All contracts which are subject to competitive bidding shall be awarded by formal, written contract to the lowest responsible bidder, after due notice inviting proposals following the procedures established in this chapter.

D.

Avoidance. No contract shall be subdivided to avoid the requirements of this chapter.

E.

Administration of Contracts. All appropriate contracts should be administered by the department of public works in accordance with the provisions of this chapter and as set out below:

1.

Change Order, Proposal Required. Any change required in the work shall be made after receiving a written proposal from the contractor for additions to or deductions from the original contract sum for changes proposed.

2.

Change Order Approval. Change orders shall be approved following the procedures required by this chapter, the applicable contract and/or the granting entity.

3.

Emergency Provision. Whenever a change in the work is required immediately upon discovery of unforeseen conditions, the city manager or his designee shall have the power to order such change if such a change order is not otherwise prohibited by this chapter, the applicable contract and/or the granting entity. The emergency nature of such change order shall be determined by the city manager or his designee.

4.

Payment-Schedule Changes. No partial payment for work completed shall be made to a contractor without approval of the appropriate authority of the quantities and values submitted by the contractor. No reduction in retained percentage not called for in the contract shall be made without prior approval from the appropriate authority.

(Ord. 07-3 § 4 (part), 2007).