Ord 2008-69ORDINANCE NO. 69
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
THE COSTA MESA SANITARY DISTRICT CLARIFYING
THE MANAGER /DISTRICT ENGINEER'S CHANGE
ORDER AUTHORITY
WHEREAS, the District Operations Code provides that the Manager /District
Engineer has authority to approve change orders when the change order amount does
not exceed the greater of two percent (2 %) of the contract sum or Fifteen Thousand
Dollars ($15,000.00); and
WHEREAS, clarification is needed as to whether the Manager /District Engineer's
authority is a limit on the cumulative amount of changes or whether the limit is on
separate change orders; and
WHEREAS, the Manager /District Engineer has also surveyed surrounding
agencies and has recommended that the change order authority be increased to ten
percent (10 %) of the contract sum based on his experience and conditions usually
encountered in the field;
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District
does hereby ORDAIN as follows:
Section 1. That Section 4.05.045 of the Costa Mesa Sanitary District Operations Code
is hereby amended to read as follows:
"4.05.045 Change Orders. Unless other authority is specifically given in a contract
approved by the Board, the Manager /District Engineer shall have the authority to
approve change orders to a contract provided that the cumulative change order amount
is limited to Fifteen Thousand Dollars ($15,000) or ten percent (10 %) of the original
contract amount, whichever is greater. Any change order that would, when combined
with other change orders, cumulatively exceed these limits based on the original
contract award sum shall only be approved by the Board of Directors."
Section 2. Should any part, clause or section of this Ordinance be declared by any Court
of competent jurisdiction to be invalid, the remaining provisions of this Ordinance shall
nevertheless be and remain in full force and effect and the Board of Directors of the Costa
Mesa Sanitary District of Orange County, California, hereby declares that each and every
section, clause, provision or part of this Ordinance would have been adopted and made a
part of this Ordinance without the adoption of any portion thereof and that the invalidity of
any part or provision hereof shall not in any way affect the validity or enforcement of the
remaining provisions of this Ordinance that may stand on their own.
Section 3. Pursuant to Health and Safety Code Sections 6490 and 6491.3, the Clerk shall
cause this Ordinance or a summary thereof to be published in a newspaper of general
circulation printed and published in the District according to law.
PASSED and ADOPTED this a3 day of 2008.
-Secretary
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President
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, JOAN REVAK, Clerk of the Costa Mesa Sanitary District, hereby certify that the
above and foregoing Ordinance No. 69 was duly and regularly passed and adopted by
said Board of Directors at a regular meeting thereof, held on the 23rd day of June
2008 by the following vote:
AYES: Arthur Perry, Arlene Schafer, Robert Ooten, James Ferryman
NOES:
ABSENT: Gary Monahan
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the Costa Mesa Sanitary District, this day of June 2008.
Clerk of t Costa Mesa.Sapitary District
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