This chapter is intended both to state mandatory requirements
and to eliminate and avoid all procedures and practices not herein
made mandatory, even though the district may from time to time and
for its own purposes give additional notices or time for submission
of proposals, or may add other non-mandatory procedures. Failure to
follow any procedure proposed or directed by resolution or motion
or by the order of district management will not invalidate or affect
any purchase, sale, lease or contract unless expressly required by
state law.
(Ord. 300 §1, 1989)
Except as hereinafter otherwise provided, all works shall be
constructed and all contracts for the construction of work shall be
let pursuant to competitive bids and the work shall be performed by
the contractor who shall be found and determined by the board of directors
of the district to have presented the lowest responsible bid in each
instance. This section does not apply to purchase of materials, supplies,
equipment or land.
(Ord. 300 §1, 1989)
Competitive bids for construction work need not be obtained
for work done by the district itself by force account and for work
where the amount involved is less than thirty-five thousand dollars.
(Ord. 300 §1, 1989; Ord. 354 §1, 1994; Ord. 383 §1, 1998)
The General Manager may approve change orders aggregating up to the purchase level authorized by Section 2.90.120(1) of this code, or five percent of the contract amount, whichever is greater, unless the cumulative change order aggregate exceeds 25% of the original contract amount, in connection with any construction contract awarded. An Assistant General Manager or Division Manager may approve the change orders aggregating up to the purchase level authorized by Section 2.90.120(1) of this code, or one percent of the contract amount, whichever is greater, unless the cumulative change order aggregate exceeds 10% of the original contract amount.
(Ord. 351 §1, 1994; Ord. 354 §1, 1994; Ord. 391 §1, 2000)
The expression "force account," as used in this chapter, is
intended to and shall refer to and include all work in which the district
determines or directs the method and the timing of performance, as
distinguished from specifying and requiring results with inspection.
This will ordinarily encompass work done by the regular employees
of the district, but it will also include work done by contractors
and other new employees who may be employed for specific jobs, if
and so long as their performance is under the full control of the
district and if the district reserves the right to stop the work or
to increase or decrease it without the consent of such contractor
or other employee.
(Ord. 300 §1, 1989)
When competitive bids for construction are to be received, plans
and specifications shall be filed and notice of call for bids shall
be given as follows:
(1)
Plans
and specifications for such proposed works or structures shall first
be prepared and filed with and approved by the board of directors.
(2)
If
and when such plans and specifications have been approved by the board,
it shall direct that notices inviting bids therefor shall be given
in the manner herein provided, and it shall at such time fix the time
and place for receiving and opening such bids.
(3)
Unless
the board shall specifically direct otherwise, each such notice inviting
bids shall be signed by the secretary of the district and shall be
published twice in a newspaper of general circulation printed, published
and circulated in Marin County, State of California, at least twelve
days prior to the date fixed for receiving and opening bids. Such
notice may also be published in one or more trade journals published
and circulated in the San Francisco Bay Area, but such publication
is not required.
(4)
At
the time and place fixed for the opening of such bids, they shall
be publicly opened and declared by the secretary or the secretary's
designated representative and the contract therefor shall thereafter
be awarded by the board of directors to the lowest responsible bidder;
provided, however, that the finding and determination of the board
of directors as to which bid is the lowest responsible bid shall be
final and may be based in part or wholly upon the experience, personnel,
qualifications, equipment, facilities and the readiness of the contractor
to perform the work; and provided further that the matter of opening
and declaring such bids or the matter of awarding such contract may
be postponed by the board (or if there be no quorum, then by the secretary
of the board) from time to time for a period not exceeding sixty days;
and provided further that the bids may be rejected in their entirety,
with or without cause; and that if the board does so reject all bids,
it may call for new bids.
(5)
In
the event the board shall so determine, it may reject all bids and
either abandon the work or call for new bids, or it may reject all
bids and determine that the work shall be done by "force account."
(6)
Whenever
any project shall involve the expenditure of bond or special assessment
funds, or any funds derived from state or federal sources, the provision
of law or contract applicable thereto shall be complied with.
(Ord. 300 §1, 1989; Ord. 371 §2, 1996)
(a)
Construction
contracts may be awarded upon obtaining informal quotations without
advertising in significant emergencies or when repairs or replacements
are necessary to permit continued operation or services by the district
upon the approval of a four-fifths vote of the board of directors
based on a finding that the emergency will not permit the delay which
would result from a competitive solicitation for bids and that the
action is necessary to respond to the emergency.
(b)
When
an emergency situation compels the award of a contract without advertising
prior to the next regularly scheduled meeting of the board of directors,
the general manager may award the contract upon obtaining informal
quotations and shall report this action to the board of directors
no later than seven days after the action or at the next regularly
scheduled meeting if that meeting will occur not later than fourteen
days after the action and at least at every regularly scheduled meeting
thereafter until the action is terminated so that the board may determine,
by a four-fifths vote, whether there is a need to continue the action,
the reasons justifying why the emergency would not permit a delay
for competitive bids and why the action is necessary to respond to
the emergency.
(Ord. 354 §2, 1994; Ord. 365 §1, 1995)
The general manager need not obtain the board of directors'
approval to advertise plans and specifications for construction when
the project has previously been approved and budgeted by the board
or when there is an emergency. In case of emergency, and subject to
ratification by the board of directors prior to the bid award, the
general manager may approve the plans and specifications, order them
filed and, if time is available, direct publication of the notice
inviting bids once in a newspaper of general circulation printed,
published and circulated in Marin County, California, at least five
days prior to the date fixed for receiving and opening bids.
(Ord. 300 §1, 1989)
Whenever a contract is required by this chapter to be let by
competitive bid to the lowest responsible bidder, a finding by the
board of directors that a contractor or consultant has failed to comply
with the rules and regulations specified in this code or the requirements
for performance set forth in a contract previously awarded to it including
the submission of a false claim to the district, shall render said
contractor or consultant ineligible to be awarded said contract on
the grounds that the contractor or consultant is not a responsible
bidder. Said contractor or consultant shall be ineligible to bid on
district contracts for a period of five years from the date of said
finding.
(Ord. 370 §1, 1996)
Contractors and consultants shall at all times deal in good faith with the district and shall submit claims, requests for equitable adjustments, requests for change orders, requests for contract modification or requests of any kind seeking increased compensation on a district contract only upon a good faith, honest evaluation of the underlying circumstances, and a good faith, honest calculation of the amount sought. Violation of this section subjects the contractor or consultant to disqualification as specified in Section 2.90.065. The act of knowingly submitting a false, untrue or misleading claim, request for equitable adjustment, request for contract modification, request for change order or requests of any kind seeking increased compensation is sufficient of itself to subject the contractor or consultant to disqualification regardless of the district's reliance on or response to the submission. The word "knowingly" as used in this section shall mean that a person, with respect to information, has actual knowledge of the information or acts in deliberate ignorance of the truth or falsity of information, or acts in reckless disregard of the truth or falsity of information.
(Ord. 370 §1, 1996; Ord. 371 §1, 1996)
When the general manager of the district believes that a contractor
or consultant has failed to comply with the rules and regulations
specified in this code or the requirements for performance set forth
in a contract previously awarded to it, including the submission of
a false claim to the district, the contractor or consultant shall
be given notice of the charges and all evidence supporting such charges.
The contractor or consultant or its attorney shall be entitled to
offer rebuttal evidence and any other evidence in support of its position
at a hearing of which the contractor or consultant has had at least
five business days' notice. The general manager shall conduct the
hearing where the charges and all evidence shall be presented and
make written findings of fact to be submitted to the board of directors
who shall render the final decision.
(Ord. 370 §1, 1996)
Whenever a contract is not required by this chapter to be let
by competitive bid, the general manager may elect to call for informal
quotations before letting a contract thereon. No call or advertisement
for such quotations shall be deemed to bring the project under standard
competitive bidding rules. The general manager shall have the authority
to award contracts not requiring competitive bid.
(Ord. 300 §1, 1989; Ord. 354 §1, 1994)
No project involving the construction, improvement, repair or alteration of movable or other personal property shall require competitive bids. The board may, if it so determines in any instance, direct the filing of plans and specifications for any such construction, repair or alteration and, in such event, the procedures set forth in Section 2.90.050 or 2.90.060 of this chapter may be followed. Unless the board shall specifically so direct, however, this class of work shall be done in each instance without competitive bids and may be performed by the forces of the district, or may be performed by any contractor, upon a contract or under purchase order without calling for or receiving any competitive bids thereon.
(Ord. 300 §1, 1989)
Real property belonging to the district shall be disposed of,
sold or transferred only as the board of directors may prescribe,
but unless otherwise prescribed in any case, the following procedures
therefor shall be followed:
(1)
A
notice shall be given by the secretary of the board stating that the
district proposes to sell certain described property and stating the
time and place when sealed bids will be received thereon;
(2)
The
board of directors shall fix the time and place for the receipt of
such bids and shall instruct the secretary with respect thereto;
(3)
Such
notice calling for sealed bids shall be published at least once in
a newspaper of general circulation printed, published and circulated
within Marin County, state of California, at least twelve days prior
to the date fixed for the receipt and opening of such bids;
(4)
Upon
the receipt of such bids and at the time and place fixed therefor,
the same shall be publicly opened and declared by the board of directors
and the property sold to the highest bidder therefor; provided, however,
that the board may reject all bids and retain the property or determine
that bids shall again be called for;
(5)
Nothing
herein set forth shall apply to any lease of land for a term of fifty
years or less; provided that such lease and all use thereunder shall
be subordinate to use of such land by the district for the major purposes
of the district.
(Ord. 300 §1, 1989)
Movable or personal property belonging to the district shall
be disposed of, sold or transferred as follows unless otherwise prescribed
by the board of directors:
(1)
Items
with an estimated salvage value of less than thirty-five thousand
dollars may be sold at public auction conducted by district's authorized
agent, or other methods, as determined by the general manager or designee.
(2)
Items
not considered suitable for auction can be used as a trade-in or disposed
of in any manner approved by the general manager or designee.
(Ord. 300 §1, 1989; Ord. 320 §1, 1991; Ord. 441 §2, 2018)
If and whenever the board of directors shall determine that
the district requires and should purchase real property, or any interest
therein, it shall do so without any call for bids and in such manner
as may be specified in each instance. In the event the board shall
so determine, it may in any instance proceed with eminent domain proceedings.
(Ord. 300 §1, 1989)
Materials, supplies, equipment and other personal property shall
be purchased as specified below:
(1)
The
following purchases as specified below may be made by the designated
authority. All other purchases shall be authorized by the board of
directors unless otherwise directed by the provisions of this chapter.
|
Type
|
Authority Required
|
Dollar Limit
|
|---|---|---|
|
Purchase orders or contract purchases of materials, supplies,
services and equipment for budgeted items
|
Designated Supervisors
|
Up to $3,000
|
|
Department Managers
|
Up to $10,000
| |
|
Division Managers
|
Up to $25,000
| |
|
General Manager
|
Up to $100,000
| |
|
Consultant, service, and professional contracts
|
Division Manager
|
Up to $25,000
|
|
General Manager
|
Up to $100,000
|
(2)
In
case of an emergency requiring immediate procurement of pipe, fittings,
materials, equipment, supplies or other personal property or contracted
services, the general manager or designated employee may proceed to
acquire such as is reasonably required, subject to ratification by
the board of directors (not later than the second regular meeting
following the date of such approval).
(4)
Whenever practical and equal competitive products are available, informal quotations thereon shall be taken from at least three competitive manufacturers or dealers before any purchase is made in excess of five thousand dollars unless exception has been approved by the applicable division manager. These competitive quotations shall be reported to the board of directors before any purchase is made except as above specified in subsections (1) and (2) of this section. The board of directors may then make such purchases based on these informal quotations, or any other quotations, as the board may think best or it may direct the procurement of additional informal quotations. All specific notices calling for bids are dispensed with and declared to be unnecessary and inadvisable for the purchase of personality, except as informally procured by mailed or telephoned notice. No informal or other quotations in advance of purchase shall be required unless expressly called for by motion or resolution of the board of directors.
(Ord. 300 §1, 1989; Ord. 315 §2, 1990; Ord. 320 §2, 1991; Ord. 354 §1, 1994; Ord. 389 §1, 2000; Ord. 439 §2,
2017)
(a)
No
material or supplies shall be purchased without official requisition
thereof, and such requisition shall be made on the duly authorized
form, and shall be approved by the general manager or divisional manager.
(b)
All
payment requests shall be prepared upon the form, and in the manner
prescribed by the controller. All discretionary payment requests which
are covered by a purchase order or contract shall be approved by the
appropriate division manager. Payment requests for all other expenditures
which are not routinely covered by a purchase order or contract shall
be approved by the controller and the general manager. These include,
but are not limited to, payroll, employee benefits, payroll taxes,
debt service payments, bank cash transfers, investments, postage,
water purchases and utilities.
(c)
All
demands shall be prepared upon the form, and in the manner prescribed
by the controller. A list of all paid demands shall be submitted twice
monthly to the board of directors for information purposes.
(Ord. 300 §1, 1989; Ord. 321 §1, 1990)
