HomeMy WebLinkAboutMINUTES - 03262002 - C20 - BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
as the BOARD OF DIRECTORS,WIEDEMANN RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT
Adopted the Resolution on March 26, 2002 by the following vote: .
ALES: Supervisors Gerber, Uilkemna, Glover and Gioia
NOES: None
ABSENT: Supervisor Mark DeSaulnier, District: IV COMECTW CaPYf
DWTM
ABSTAIN: None
SUBJECT:
Establishing Procedures for Awarding of )
Contracts for Wiedemann Ranch Geologic }
Hazard Abatement District Repair, Maintenance )
and Improvement Projects and for Professional ) RESOLUTION NO. 2002/ 178
and Support Services }
On September '1, 1998, the Board adopted Resolution No. 98/438 forming the Wiedemann Ranch
Geologic Hazard' Abatement'District (GRAD) and appointing itself to act as the Board of Directors of the
GRAD(GRAD Board)
On April 11, 2000, the Berard adopted Resolution Nos. 2000/166 and 2000/167 conditionally
approving the annexation of the Presley Henry Ranch project into the CHAD. On June 13, 2000,the Board and
the GHAD Board adopted Resolution Nos. 2000/355 and 2000/356, respectively, correcting Resolution Nos.
2000/166, 2000/167 and 2000/168 to clarify the real property that was annexed to the CHAD.
THE BOARD OF DIRECTORS OF THE WIEDEMANN RANCH GEOLOGIC HAZARD
ABATEMENT DISTRICT RESOLVES'THAT:
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:,
SE:sr I hereby certify that this is a true and correct copy of an action
G:\GrpData\SpDist\Board Orders\2002\03 March\03-12-02 DP003043.doc taken and entered on the minutes of the Board of Supervisors
Orig.Dept.:Public Works Department(Special Districts) on the date shown.
Contact: Skip Epperly,313-2253
cc: Assessor
Auditor-Controller ATTESTED: March 26, 2002
County Administrator JOHN SWEETEN,Clerk of the Board of Supervisors and
County Counsel County Administrator
Accounting
Canyon Lakes CHAD,c/o William R.Gray and Company,Inc.
By Deputy
Resolution No. 2002/ 17 8''
-DATE: March 26, 2002
PAGE: 2
GHAD improvements are statutorily exempt from CEQA''as "actions«necessary to prevent or
mitigate an emergency„("see,Section 15269(c) of the CEQA regulations—Article 18, Chapter 3 of Titlel4 of the
California 'Code of Regulations). Public Resources Code Section 26601 provides that CHAD improvement
work and all related activitiesare deemed to be specific actions necessary to prevent or mitigate an emergency
within the meaning of paragraph (4) of subdivision (b) of Section 21080" of the Public Resources Code (the
California Environmental Quality Act).
In order' to facilitate the ability of the Wiedemann Ranch' CHAD to 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 GRAD`
Repair, Maintenance and Improvement Projects and for Professional and Support Services:
WIEDEMANN RANCID
GEOLOGIC HAZARI.I 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:
I. 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 clays before the bids are due.
Resolution No. 2002/ 17 8'
.DATE: March 26, 2002
PAGE: 3
2. The Contract shall be awarded and executedby 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$50,000.
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$50,000.
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 a contract'if the total value is in excess of$50,000.
D. Exceptions to Standard Contract Bidding and Award Procedures
1. Contracts less than $25,000 The General Manager may accomplish by:
negotiation or, at the General' Manager's discretion, by competitive bidding,,
improvement contracts with a value of$2.5;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$50,000 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.
Resolution No. 2002/17 8
DATE. March 26, 2002
PAGE: 4
IL CONTRACTS FOR PROFESSIONAL AND SUPPORT SERVICES
A. Contracts for Geotechnical/Soils Engineering Consulting Services
The General Manager may accomplish by negotiating 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$25,000.
B. Contracts for Other Professional and Support Services.
The General Manager may accomplish by negotiation, 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). Prior approval of the District Board of Directors"shall be required for all such
contracts with a value in excess of$25,000.
C. Contracts for GHAD General Manager Services.
The Board may appoint an individual or firm to serve as the General Manager of the District.
The Board may establish a job description'for the position of General Manager. The Board
may request the assistance of the Contra Costa County Public Works Director with the
development of said job description and in matters related to the recruiting, retention and
evaluation of the General Manager as well as with the terms'. and conditions of the
employment or professional services contract with the General Manager as provided in the
forthcoming Joint Exercise of Powers Agreement (TEPA) between the County and the
District. With the exception projects defined as "Emergencies"under Section II.D.2 of these
procedures, said contract shall prohibit the General Manager or his firm from providing civil
and/or geotechnical engineering design services on a CHAD' improvement project with an
estimated repair cost in excess of$10,000.
III. OTHER CONTRACTS
The Plan of Control for the District requires the original developer(s) (and/or his successors or assigns)
of the property within the boundaries of the GRAD to perform all CHAD and CHAD related activities,
including GAD repair, maintenance and improvement projects,'until such time as responsibility for
those activities automatically transfers to the GAD.
In furtherance of this provision of the Plan of Control, one or more of the original developers (or others
with financial responsibility for maintenance of facilities`. within the boundaries of the District —
Homeowners Associations or other,public agencies) may desire that the CHAD perform some or all of
these duties on their behalf.
Resolution No. 2002/17 8
DATE; March 26, 2042
PAGE: 5
A. Contracts with others related to GHAD Administrative and/or Maintenance;activities.
The GHAD Board delegates to the General Manager the power to negotiate and execute
contracts on behalf of the GHAD for reimbursement of costs or expenses that may be
incurred by the CHAD in performance of GHAD administrative, preventative maintenance
or special project activities that may otherwise be the financial responsibility of others under
the District's Plan of Control so long as all(costs associated therein, including any applicable
overhead charges are fully reimbursed to the District. This delegation of authority does not
include projects involving the evaluation or repair of an actual or threatened landslide (see
Section III. B.below).
The terms of any and all contracts for the performance of GHAD and GHAD related
activities by the GHAD should be consistent with the Plan of Control for the GHAD that is in
effect at the time said contract is executed.
B. Contracts with others related to the GHAD Improvement Projects.
Prior''approval of the District Board of Directors shall be required for any proposed contract
involving the evaluation or repair of an actual or threatened landslide that may be the
financial responsibility of others under the District's adopted Plan of Control.
Resolution No. 2002/ 178