Ord 1996-26. ,
ORDINANCE NO. 26
AN ORDINANCE OF THE COSTA MESA SANITARY DISTRICT
ESTABLISHING BIDDING REGULATIONS AND AUTHORIZING THE
EXECUTION OF CERTAIN DISTRICT DOCUMENTS BY THE
MANAGER
RECITALS
WHEREAS, Public Contract Code Section 20800 et seq. sets forth the law with respect
to when and how public bidding is to occur; and
WHEREAS, Public Contract Code Section 20801 presently defines "District project" to
include "any construction, reconstruction, alteration, enlargement, renewal, or replacement of
sewer facilities" and includes "the furnishing of supplies or materials for any such work "; and
WHEREAS, Public Contract Code Section 20803 provides that when the expenditure for
a district project exceeds $10,000 that it shall be let to the lowest responsible bidder after notice;
and
WHEREAS, the Board generally establishes the Manager's limits on change orders for
"District projects" in the particular contract; and
WHEREAS, Health and Safety Code Section 6487 provides that all contracts and other
documents shall be signed by the President and countersigned by the Secretary unless the
Manager is authorized to do so; and
WHEREAS, the Board does hereby desire to establish this regulation which adopts and
incorporates the state law with respect to bidding of District projects, as the same may be
amended from time to time, and to establish other rules for situations not covered by the state
law; and
WHEREAS, the Board does also desire to set forth the Manager's authority with respect
to the signing of contracts; and
WHEREAS, the Board does also desire to repeal other ordinances and resolutions
inconsistent herewith.
NOW THEREFORE, the Board of Directors does hereby ordain:
Section 1. That the Board does hereby establish that the District shall follow the state law
with respect to bidding public projects as the same is defined and as the same may be amended
from time to time, which shall include the exceptions relating to emergency work. The Manager
shall have the authority to order emergency work pursuant to Public Contract Code Section
22050 or any successor statute. If such action is ordered, the person ordering the work shall
report to the Board at successive regular meetings stating the justification for continuing with
the emergency work.
Section 2. That with respect to all other purchases and contracts not covered by state law,
the following rules shall be followed:
Under $2,500 - the Manager shall attempt to obtain the best price for the District
but will not be required to competitively bid the contract or purchase.
$2,500 to $5,000 - The Manager and Finance Director shall jointly approve the
purchase or contract and will together attempt to obtain the best price for the
District but will not have to formally bid the job.
- Over $5,000 - The job shall be competitively bid in a manner that ensures
competitive bidding by qualified bidders and the Board shall make the award.
Exceptions from the competitive bidding regulations shall include sole source
procurements, the services of engineers, attorneys and other professionals, and
whenever the public's interest may otherwise be served by dispensing with the
bidding procedure, provided that the Board shall disclose on the record and in the
minutes of the meeting how the public interest was served by foregoing the
bidding process.
Section 3. The Manager shall have the authority to issue all purchase orders and to sign
contracts consistent with the authority granted to the Manager in this ordinance. Contracts and
purchases for non - public works projects over $5,000 shall be issued or signed for by the
President and Secretary on behalf of the Board; up to and including $5,000, the Manager may
issue and sign. On public works jobs, the President and Secretary must sign and issue contracts
in excess of $10,000; up to $10,000 the Manager may issue and sign.
Section 4. All contracts and purchase orders implemented by the Manager under the authority
granted under this Ordinance shall be ratified by the Board on the warrant register and with such
documentation or explanation as may be appropriate.
Pa
Section 5. All previous ordinances and resolutions that are inconsistent herewith are hereby
superseded and repealed by implication. The Board does hereby specifically repeal Ordinance
22 and specifically supersedes Resolution Nos. 94 -560 and 95 -580.
Section 6. The Clerk of the District shall certify to the passage of this Ordinance and shall
cause the same to be published once in the Orange Coast Daily Pilot, a newspaper of general
circulation, printed and published and circulated in the Costa Mesa Sanitary District, Orange
County, California, and seven (7) days from and after its publication it shall be in full force and
effect.
e---'
jesident
Secretary
3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF COSTA MESA )
I, FLORINE T. REICHLE, Clerk of the Cost Mesa Sanitary District, hereby certify that
the above and foregoing Ordinance No. .2 C• , was duly and regularly passed and adopted by
the said Board of Directors at a regular meeting thereof, held on the Iq U- day of m.4,,e'1�; 1996.
Clerk of the District
Costa Mesa Sanitary District
4