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HomeMy WebLinkAboutMINUTES - 06241986 - 1.86A THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS BOARD OF DIRECTORS, BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT Adopted this Order on June 24 , 1986 , by the following vote: AYES: Supervisors Fanden, Schroder, McPeak and Torlakson NOES: None ABSENT: Supervisor Powers ABSTAIN: None SUBJECT: Procedures for ) Awarding of Contracts for ) RESOLUTION NO. 86/370 Blackhawk GRAD Repair , ) (Pub. Res . C . Section Maintenance and Improvements ) 26600 ) Projects and for Professional ) and Support Services ) The Board of Directors of the Blackhawk Geologic Hazard Abatement District RESOLVES that: On April 22 , 1986 , the County Board of Supervisors adopted Resolution No. 86/210, approving the formation of the Blackhawk Geologic Hazard Abatement District (GHAD) . On June 24 , 1986 , the Board of Directors of the Blackhawk GHAD adopted Resolution No. 86/369 providing, among other things, for the appointment of Mr . Richard A. Nystrom as the initial General Manager of the Blackhawk GRAD and approving an Employment Agreement between the GHAD and the General Manager . Public Resources Code Section 26600 provides that the Board of Directors may negotiate improvement contracts or may award such contracts by competitive bidding pursuant to procedures approved by the Board. Public Resources Code Section 26601 provides that GHAD improvement work and all related activities are deemed to be specific actions necessary to prevent or mitigate an emergency within the meaning of CEQA. In order to facilitate the ability of the Blackhawk GHAD to timely undertake repair , maintenance and improvements as necessary, it is in the public interest to adopt a set of procedures for the awarding of contracts for all GHAD repair , maintenance and improvement projects and for professional and support services . NOW, THEREFORE, THE BOARD OF DIRECTORS HEREBY RESOLVES, FINDS, CERTIFIES AND ORDERS AS FOLLOWS: The Board hereby adopts the following procedures for the awarding of contracts for GHAD repair , maintenance and improvement projects and for professional and support services: BLACKHAWK GEOLOGIC ABATEMENT DISTRICT PROCEDURES FOR AWARDING OF CONTRACTS FOR REPAIR, MAINTENANCE AND IMPROVEMENT PROJECTS AND FOR PROFESSIONAL AND SUPPORT SERVICES I . CONTRACTS FOR REPAIR, MAINTENANCE AND IMPROVEMENT PROJECTS. Competitive bidding and contract award procedures for District repair , maintenance and improvement projects shall be implemented as follows: A. Projects with Defined Scope of Work . When the scope of work for a particular project can be clearly defined and readily lends itself to the preparation of specific plans , specifications and bidding documents, and time permits, the following procedure shall be implemented: 1 . Potential bidders shall be notified of the project as follows: (a) By written notice to trade journals of general circulation in the area; (b) By written notice to local builders ' exchanges; and (c) By written notice to at least three contractors licensed in the State of California to do the type of work being bid . The written notice shall describe the project in general terms and how to obtain more detailed information about the project, and state the time and place for the submission of bids . All mailing of notices to contractors , construction trade journals and builders exchanges shall be completed not less than 15 calendar days before the bids are due . . 2 . The Contract shall be awarded and executed by the General Manager based upon the lowest responsible bid received as a result of the notification procedure specified in 1 . above . 3. Prior approval by the District Board of Directors shall be required for the execution of all contracts with a value in excess of $20,000 . B. Projects with Undefined Scope of Work . When the scope of work for a project is undefined and does not readily lend itself to the preparation of specific plans and specifications , the following procedure shall be implemented: 1 . Three or more prequalified bidders shall be notified, either in writing or orally, and shall meet at the job site for verbal instructions regarding the project and submittal of bids . 2. Rental rates, such as Caltrans "standard rates, • may be used as a basis of such bids, with the markup for overhead and profit to be included in bid . 3 . The contract shall be awarded and executed by the General Manager based upon the lowest combined rental rate, including overhead and profit percentage. 4 . Prior approval by the District Board of Directors shall be required for the execution of all contracts with a- value in excess of $20 ,000 . C. Failure to Receive Bids . If no bids are received after a project is bid under either procedure A or B above, the General Manager may either resolicit bids using procedure A or B above, or may negotiate a contract for the work . In the event of a negotiated contract, prior approval by the District Board of Directors shall be required for the execution of the contract if the total value is in excess of $20,000 . 2 D. Exceptions to Standard Contract Bidding and Award Procedures . 1 . Contracts less than $10,000 -- the General Manager may accomplish by negotiation or, at the General Manager 's discretion, by competitive bidding, improvement contracts with a value of $10,000 or less , provided such contracts are within the District 's budgetary limits . 2. Emergencies -- standard contract bidding and award procedures shall not apply where the project is necessary, in the reasonable judgment of the General Manager , to prevent or mitigate an emergency. Emergency contracts with a value in excess of $20,000 shall be ratified by the District Board of Directors. For the purpose of these procedures only, the term "emergency" shall include, but not be limited to, conditions or situations actively causing severe damage to valuable property or conditions or situations highly likely to cause such damage or personal injury unless cleanup or mitigation measures are taken immediately. II . CONTRACTS FOR PROFESSIONAL AND SUPPORT SERVICES. A. Contracts for Geotechnical/Soils Engineering Consulting Services . The General Manager may accomplish by negotiation or, at the General Manager 's discretion, by Requests for Proposals, contracts for geotechnical/soils engineering services . Prior approval by the District Board of Directors shall be required for all such contracts with a value in excess of $5,000 . B. Contracts for Other Professional and Support Services . The General Manager may accomplish by negotiation or , at the General Manager 's discretion, by Requests for Proposals, contracts for other professional services (e .g. , legal , accounting, insurance ) and for support services (e.g . , office space, office equipment, office staff and vehicles) ., Approval by the District Board of Directors shall not be required for such contracts, provided such contracts are within the District 's budgetary limits for such items . I hereby certify that this Is a true and correct fan..of an action taken and entered en the minu"Ou Board of Supervisors on the date shown.. � ATTESTED: — 1, ZZ�- PHIL BAT ELOR, Clc:k of the 9osrd of Supervi6ors and County Administrator By , Deputy cc: County Counsel Public Works Auditor David Price 3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS BOARD OF DIRECTORS, BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT Adopted this Order on June 24. 1986 , by the foffowing vote: AYES: Supervisors Fanden, Schroder, McPeak and Torlakson NOES: None ABSENT: Supervisor Powers ABSTAIN: None $UBS Appointing Officers for the ) Blackhawk Geologic Hazard ) RESOLUTION NO. 86/ 369 Abatement District and ) (Pub. Res . C. Section 26583 Approving Related Contracts ) et seq. ) The Board of Directors of the Blackhawk Geologic Hazard Abatement District RESOLVES that: On April 22 , 1986, the County Board of Supervisors adopted Resolution No. 86/210, approving the formation of a geologic hazard abatement district (GHAD) for the Blackhawk/County Service Area M-23 area. Pursuant to that same resolution, the County Board of Supervisors was appointed as the initial Board of Directors for the Blackhawk GHAD, for a term not to exceed four (4 ) years . At that time, it was recommended by County staff that the County Treasurer be appointed as the first Treasurer for the GHAD and the Clerk of the Board be appointed as the first Clerk of the GHAD. It was further recommended by County staff that the Public Works Department serve as the initial County staff liaison with the GHAD staff . In order to operate efficiently, the GHAD must have a chief executive officer to manage: and direct the day-to-day operations and staff of the GHAD and to perform such other duties as the Board may from time to time designate. County staff has recommended that Mr . Richard A. Nystrom be appointed by the Board as the initial General Manager of the GHAD. The Public Works Director has recommended the approval of a Joint Exercise of Powers Agreement between the Blackhawk GHAD and the County providing that Public Works shall serve as the County staff liaison with the GHAD staff, and providing for compensation of the County for time and expenses expended on GHAD matters by County personnel . The Public Works Director has also recommended the approval of an employment agreement between the GHAD and Mr . Nystrom, employing him as General Manager . These agreements have been approved as to form by County Counsel . NOW, THEREFORE, THE BOARD OF DIRECTORS HEREBY RESOLVES, FINDS, CERTIFIES AND ORDERS AS FOLLOWS: 1 . • The Board hereby APPOINTS the County Treasurer to act as the initial Treasurer for the Blackhawk GHAD, for a term that shall be coterminus with the term of the initial Board of Directors . 2 . The Board hereby APPOINTS the Clerk of the Board of Supervisors to act as the initial Clerk of the Blackhawk GHAD, for a term that shall be coterminus with the term of the initial Board of Directors . 3 . The Board hereby APPOINTS Mr . Richard A. Nystrom to act as the initial- General Manager of the Blackhawk GHAD, , and ORDERS that the Employment Agreement by and between Mr . Nystrom and the Blackhawk GHAD is APPROVED and the Chair of the Board of Directors is AUTHORIZED to execute said Employment Agreement on behalf of the Blackhawk GHAD. 4 . The Board hereby delegates to the General Manager of the Blackhawk GHAD the following powers of the District: (a) Managing and directing on a day-to-day basis the operations and staff of the District; and (b) In accordance with the procedures approved by the Board, awarding and executing contracts for District repair, maintenance and improvement projects and for professional and support services . . 5 . The Board hereby APPROVES the Joint Exercise of Powers Agreement between the Blackhawk GHAD and the County, providing that the County Public Works Department shall serve as the County staff liaison with the GHAD staff, and providing for compensation of the County for time and expenses expended on GHAD matters by County personnel , and the Chair of the Board is hereby AUTHORIZED to execute said Joint Exercise of Powers Agreement on behalf of the Blackhawk GHAD. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervise on the date shown. ATTESTED: fo PHIL BATC OR, Cleik of he Board of Superviso and County Administrator By ,Deputy cc: County Counsel Public Works Auditor David Price 2