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HomeMy WebLinkAbout04. Proposed amendments to General Manager Authority Resolution• Central Contra Costa Sanitary District November 7, 2016 TO: ADMINISTRATION COMMITTEE FROM: ELAINE R. BOEHME, SECRETARY OF THE DISTRICT SUBJECT: PROPOSED AMENDMENTS TO GENERAL MANAGER AUTHORITY RESOLUTION At its meeting on October 24, 2016, the Committee discussed proposed changes to the existing General Manager Authority Resolution No. 2015-010 and asked staff to bring the item back at this meeting. Below is a summary of the key changes. Section 1 The Government Code previously listed requires adoption of a resolution for certain financial agreements, but there are statutory procedural requirements for a number of other Board actions. This delegation is not intended to eliminate other procedural requirements, so it is preferable to delete the reference to only one such instance of an additional procedural requirement. Section 4.a. The highlighted note included in this section is intended to raise the issue that staff has the authority to purchase easements of any value without Board approval. If a limitation on the dollar amount of staff authority on individual easement purchases is desired, such a limitation could be addressed here. Section 4.b. This revision merely adds "real property agreements" to the list of documents that staff can negotiate and purchase absent Board approval. Many real property agreements are recorded to provide permanent protection for the District, so those agreements already come to the Board for a resolution authorizing recordation. That practice will not change. Section 8 The existing language delegates the award of contracts for District Projects under $100,000 to the General Manager. The new language makes it clear that the General Manager is also delegated the authority for other actions normally reserved to the Board for these smaller contracts, such as, substituting subcontractors after compliance with the Public Contract Code procedures. Sections 9 & 10 These sections incorporate into the Resolution the existing language currently found in the District's Purchasing Policy, which was approved by the Board some years ago. Proposed Amendments to GM Authority Resolution November 7, 2016 Page 2 of 2 Section 11 These revisions add certain limitations to the previously delegated General Manager authority to approve change orders for District Projects of $100,000 or less. The limitations are intended to limit this authority to the cumulative amount of the budgeted contingency for the project. This is clearly a Board policy issue, but the provided language is intended to set upper limits on the cumulative amount of change orders for projects that vary depending on the project size. Section 12 A number of personnel actions are reserved to the Board by existing District Code provisions. Each of the provisions in this section specifically delegates to the General Manager authority which otherwise is reserved for the Board in the District Code. These sections are intended to clarify and restate that the General Manager has been delegated this authority. As requested by the Committee, the wording "and may not result in an increase of more than one(1) percent of the District's annual budgeted labor costs" was stricken. Section 13 This section attempts to capture and clarify other areas of General Manager authority for personnel actions that are not addressed by the Code and are appropriately staff level actions. This General Manager authority is consistent with past practice, but specific reference to these delegations was not included in prior resolutions. Attached Supportina Documents: 1. Strikeout version of existing GM Authority Resolution No. 2015-010 2. Finalized version of Attachment 1 ATTACHMENT 1 RESOLUTION NO. 2015 0102016 -XXX A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT SETTING FORTH AND DELEGATING CERTAIN AUTHORITIES TO THE GENERAL MANAGER AND RESCINDING RESOLUTION 2011 065NOS. 2015-010 AND 2016-018 WHEREAS, the proper functioning of the Central Contra Costa Sanitary District ("District") requires that the General Manager and his or her staff have adequate authority to carry out both the routine and reoccurring functions as well as the emergency functions of the District; and WHEREAS, in past years the District Board of Directors ("Board") has provided for delegation of certain authority to prior General Managers and staff to carry out a variety of necessary functions of the District; and WHEREAS, the Board has also provided and continues to provide both delegation of authority and limitations on staff authority through the approval and adoption of certain other documents, such as the District Purchasing Policy and Procedures and the Capital-BudgetBudgets; and WHEREAS, adopting a resolution which consolidates the delegation authorized in prior resolutions and other documents will clarify the authority of the General Manager and his or her designee and help to ensure the efficient operation of the District. THEREFORE, the Board hereby resolves that the General Manager and his or her designee shall have the authority to carry out the functions of the District as follows: Section 1: General Authorization The General Manager is authorized to execute all deeds, contracts, warrants, releases, receipts and similar documents for and on behalf of the District in accordance with California Health and Safety Code Section section 6487, including all documents prepared and circulated as part of the public competitive bidding process -with the exception of financial transactions as defined in Government Code -Section 5399. Nothing in this Section 1 is intended to alter or eliminate any other statutory or District Code procedural requirements which may exist. Section 2: Emerciencv Power Authorization a. Pursuant to Public Contract Code Section -section 22050(b)(1), the Board delegates its power to the General Manager to take any directly -related and immediate action required by an emergency, as defined in Public Contract Code Section section 1102, and to procure the necessary equipment, services, and supplies for those purposes, when the expenditures exceed $15,000, without giving notice for bids to let contracts. General Manager Authority Resolution 2015 -0102016 -XXX Page 2 of 8 b. In the event of an emergency, as defined, the General Manager shall report to the Board not later than seven (7) days after the action, or at its regularly scheduled meeting if that meeting will not occur later than fourteen (14) days after the action, the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency. c. In the event of an emergency, as defined, the Board shall initially review the emergency action not later than seven days after the action, and at least at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths (4/5) vote, that there is a need to continue the emergency action, unless the General Manager has terminated that action prior to the Board's review of that action. d. Upon its review of the emergency action, the Board shall terminate that action at the earliest possible date that conditions warrant so that the remainder of the emergency action necessitated by the emergency may be completed by giving notice for bids to let contracts. Section 3: Authorization under District Emergency Operations Plan The General Manager is designated as the Director of Emergency Services and has the authority set forth in Resolution No. 2010-089, or as set forth in the most recently adopted Emergency Operations Plan resolution or as amended by State -state law. Section 4: Authorization for Easements Easement Acquisitions and Leasing Property a. The General Manager is authorized to negotiate for grants of easements or offers of dedication and where required purchase easements and offers of dedication in favor of the District and. The General Manager shall also be authorized to prepare the documentation as may be required for recording the property rights with the County Recorder's Office, and to take other such action as may be required to implement the purpoccc of the District in acquiring -acquisition of said easements and offers of dedication. (Comment: This authority is without the Board's approval. Should there be a value limitation?) b.The- However, the Board shall retain the sole power to accept by resolution any and all easements and offers of dedication received by the District. After acceptance of an easement or dedication by the Board, the General Manager shall have the authority to record said easements and offers of dedications for purposes of giving notice to subsequent property owners.dedication for the purpose of providing legal notice of the District's acceptance and the property rights contained therein. b. The General Manager is authorized to purchase or otherwise obtain rights of entry; and approve restoration agreements, encroachment permits , real property agreements and similar agreements -documents affecting access to or General Manager Authority Resolution 2015 -0102016 -XXX Page 3 of 8 use of real property deemed necessary or prudent for the carrying out of District activities. If recording of any such documents is required to create permanent rights and legal notice with regard to such real property matters, such documents will require Board approval for formal acceptance and authorization to record. c. The General Manager shall have authority for funding for the purchase of easements, offers of dedication and similar •rights of entry typ-e agrocments de -legated to the General Manager will be -real property related rights, provided adequate funding is included in the District's Board approved Capital Improvement Budget -which the Board approves each ycar.. d. The General Manager, in accordance with the provisions of Chapter 7.08 of the District Code, is authorized to execute agreements relating to the leasing out of District property which has been declared by the Board after a public hearing as not needed for the District's operations for the period covered by the lease term. Section 5: Authorization for Use of Small Claims Court The General Manager is authorized to file suit in Small Claims Court without additional specific authorization by the Board to pursue civil remedies against persons or entities for claims within general subject matter areas and where the amount of the District's claim (amount in controversy) does not exceed the monetary limits of the jurisdiction of California Small Claims Court. This power includes the power to seek judgments and any other remedies available within the jurisdiction of Small Claims Court, and to take other administrative actions necessary to pursue appropriate remedies in Small Claims Court, including appearing on behalf of the District.; on matters such as - a. Failure to obtai-n-a-District permit or violation of -any District permit condition; b. Failuro to perform work in conformance with the District's Standard Specifications, either on District fac-i-litie-s or faGi-l-ities-which are or will be connoted to the Distriot-sowarage system; c. Failure to comply with inspection requirements• of the District -with regard to either private or public sewer-facilit-i-e-si d. Failure -to -timely pay fees, lease payments,• and charge -s of the District, penalties and interest that may -accrue as a result of the-cielinquont payments; e. Dam -age to, or obstruction of, District facilities, equipment, or property; or f. Violation of the Di -strict Code or fail-ure4o comply -with any other lawful resolution or order of tho Boal General Manager Authority Resolution 2016 0 -1 -02016 -XXX Page 4 of 8 Section 6: Claims Handling Authority The Board delegates to the General Manager the authority to act on its behalf pursuant to Government Code Sections -sections 910, et seq. to reject, return as insufficient, or return as untimely any claims against it, and to provide any notices authorized under those statutes on behalf of the District. Pursuant to Government Code Section section 935.4, the Board delegates the authority to the General Manager to allow, compromise or settle claims against the District not exceeding $50,000 with the understanding proviso that settlements between $25,000 and $50,000 would -will be reported promptly to the Board as information informational items at a fol-lowin-g-publicly noticed Board meeting. Section 7: Execution of Joint Powers Agreements The General Manager is authorized without Board approval to execute Joint Powers Agreements with cities, counties, special districts and other government entities relating to Board -approved construction projects, such as paving or landscaping, where the funds exchanged in the agreement do not exceed $100,000. Section 8: Delegation of Authority to Award Contracts for District Projects Not Exceeding $100,000 The General Manager is delegated the authority to avva-r-d-take such actions as are statutorily provided to the Awarding Body for contracts for District Projects of a-,,,tal-ue greater than $15,000 and -not more than $100,000, provided that a formal bid process is conducted in accordanoe-with Public Contraots-G-ode--seotion 20801, et seq., and sealed laid-s-afe-solicitod and opened by the Scorctary of the District in -a -public place at a predetermined time. The award shall be made to the lowest recponsi-lale bidder whose bid is responsive to the spocifications-issued by the Districtlegally appropriate bidding or procurement procedures have been undertaken. Section 9: Additional -Delegations and Limitations on Authofit-vApprovals and Authorization of Professional Consulting Agreements, Technical Consulting Agreements and Professional Engineering Aareements The General Manager has shall have the authorizations set forth in the most recent Capital -Improvement Bu-dgot (approved by the Board oach year), the authorizations set forth in the chapters-e-ntitIod "Approvals and Authorizations" and "District Projects" of the District's Purchasing Policy and Procedures (adopted by the Board), and the authorizations set forth in District Code Section 2.08.030 to execute all contracts, warrants, releases, recoipt-san-d similar documentc for and on behalf of the District in accordance with California Health and Safety Code Section 6487, and cuch-authority is incorporated-herein•by reference, includin-g-any-sub-soquent amondments to any of tho above documents as approved by the Board or--a-o required by lawsection for approval and execution of Professional Consulting Agreements, Technical Consulting Agreements and Professional Engineering Agreements that do not exceed $100,000 in total cost. General Manager Authority Resolution 2416 0 -102016 -XXX Page 5 of 8 Section 10: Delegation of Authority to Amend Professional Consulting Agreements,. Technical Consulting Agreements and Professional Engineering Agreements The Board authorizes the General Manager to amend Professional Consulting Agreements, Technical Consulting Agreements and Professional Engineering Agreements for amounts less than fifteen (15) percent of the original agreement amount. However, an amendment to a Professional Consulting Agreement, Technical Consulting Agreement and Professional Engineering Agreement which did not initially require Board approval, may not cause the agreement to exceed the $100,000 General Manager authorization limit without prior Board approval. Section 11: General Manager Authorization Limits on District Projects and Capital Improvement Program a. The General Manager shall be authorized to expend funds available within the Capital Improvement Budget as set forth and limited by the amounts and other limitations set forth in Exhibit A. b. The General Manager shall have the authority to approve change orders (cumulatively) up to the construction contract contingency budget determined at time of award on all District Projects, limited by the authorizations defined in Part a. of this Section. The guidelines for estimating contract contingency are as follows: 1. Contracts $1,000,000 and below have a maximum budget of 15 percent of the original contract amount or $100,000, whichever is greater. 2. Contracts above $1,000,000 and below $10,000,000 have a maximum budget of 10 percent of the original contract amount. 3. Contracts $10,000,000 and above have a maximum budget of 5 percent of the original contract amount. 4. Some projects or special circumstances may require additional budget and will be evaluated on a case-by-case basis. c. Board authorization is required to increase the contract contingency budget after time of award. Section 10Section 12: Delegation of Authority on Personnel Actions Otherwise Reserved to Board pursuant to District Code Chapter 4 The General Manager has-the-authorizati-on is delegated the authority for the following personnel actions: which are otherwise reserved to the Board pursuant to Chapter 4 of the District Code. General Manager Authority Resolution 2016 0102016 -XXX Page 6 of 8 a. The addition or deletion of any permanent positions approved in the annual budget (Section 4.04.020 of the District Code). These deletions and additions shall not exceed the total number of budgeted authorized positions and may not result in an increase in the District's annual budgeted labor costs. b. The establishment of new classifications and assignment of pay grade within the existing salary schedule, as well as any amendments to or the abolition of classification descriptions. These actions shall not exceed the total number of budgeted authorized positions and may not result in an increase of the District's annual budgeted labor costs (Sections 4.12.010 and 4.12.040 of the District Code). c. Appointments to management -level positions as set •forth (Section 4.16.070(a) of the District Code7). Section 13: Deleciation of Authority on Other Personnel Actions The General Manager is authorized to take the following actions without Board approval: 2.Appeintments a. Appointment of up to five (5) General Manager Specials "transitional positions" at any given time. Th • n on4y-bo made to backfill those positions vacated due to an extended leave of absence of an employee or in cases of or as necessary to property address succession planning. General Manager "transitional positions" are positions not necessarily authorized in the annual budget. The cost associated with these appointments cannot result in an increase in the District's annual budget. . • b. Make appointments and promotions, take disciplinary actions and take such other actions as required for the proper operation of the District, provided such actions are consistent with the then current District personnel rules and procedures, Memoranda of Understanding (MOU) and Board Policies. c. Grant administrative leave for employee recognition purposes, such as for safety awards or similar special recognitions for undertaking District responsibilities outside of the employee's existing job function. The granting of such leave will be evaluated by the General Manager on a case-by-case basis. 3.Any d. Take any other actions as set forth in the Board approved Memoranda of Understanding (MOUsi with the District's bargaining units. Section 1414: Rescission of Prior Resolutions As of the effective date of this resolution, the existing District Resolution 2011-066 IG Nos. 2015-010 and 2016-018 are rescinded. General Manager Authority Resolution 2015 0102016 -XXX Page 7 of 8 PASSED AND ADOPTED this 23rd day of April, 2015 2016, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: Caucoy, NefecHy, Pilecki, Williams, McGill - NOES: Members: None ABSENT: Members: None Michael R. McGill, P.E. Tad J. Pilecki President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CMC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California APPROVED AS TO FORM: Approvod ac to form: Kenton L. Alm, Esq. Counsel for the District General Manager Authority Resolution 2-0-1-5 0102016 -XXX Page 8 of 8 EXHIBIT A Capital Improvement Program Authorization Limits Action General Manager Approve Capital Plan Board of Directors None No limit Authorize Capital Program budgets None No limit Transfer funds to individual project budgets $500,000 or less 1 No limit Professional Consulting Services S100,000 or less Greater than 5100,000 Authorize Consultant Technical Consulting Services. 5100,000 or less Greater than 5100,000 Contracts Professional Eng. Services. 5100,000 or less Greater than 51 00,000 Transfer funds from CIB contingency account to projects not 51 00,000 or less per Greater than 5100,000 included in the CIB project2 Individual equipment items and equipment contingency in Up to amount specified in Above amount specified in the Equipment Budget Equipment Budget Equipment Budget Individual equipment items not in the Equipment Budget 550,000 or less Greater than 550,000 Authorize supplemental funds to program budgets Sewer Construction Fund Not applicable and contingency account balance Award construction contracts3 5100,000 or less Greater than 5100,000 Authorize Additive 5100,000 or less Greater than 5100,000 construction change orders Deductive No limit No Board authorization required Subcontractor substitutions All substitutions unless Substitutions protested by protested by subcontractor subcontractor Informational Construction project acceptance All projects announcement to the Board Memo provided to the Close out project All projects Board at end of FY • 1 Limited by the remaining balances of the applicable program and contingency account 2 Limited by the remaining balance of the applicable contingency account 3 Bid protests and rejection of all bids must go to Board regardless of dollar amount 2725803.1 ATTACHMENT 2 RESOLUTION NO. 2016 -XXX A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT SETTING FORTH AND DELEGATING CERTAIN AUTHORITIES TO THE GENERAL MANAGER AND RESCINDING RESOLUTION NOS. 2015-010 AND 2016-018 WHEREAS, the proper functioning of the Central Contra Costa Sanitary District ("District") requires that the General Manager and his or her staff have adequate authority to carry out both the routine and reoccurring functions as well as the emergency functions of the District; and WHEREAS, in past years the District Board of Directors ("Board") has provided for delegation of certain authority to prior General Managers and staff to carry out a variety of necessary functions of the District; and WHEREAS, the Board has also provided and continues to provide both delegation of authority and limitations on staff authority through the approval and adoption of certain other documents, such as the District Purchasing Policy and Procedures and the Budgets; and WHEREAS, adopting a resolution which consolidates the delegation authorized in prior resolutions and other documents will clarify the authority of the General Manager and his or her designee and help to ensure the efficient operation of the District. THEREFORE, the Board hereby resolves that the General Manager and his or her designee shall have the authority to carry out the functions of the District as follows: Section 1: General Authorization The General Manager is authorized to execute all deeds, contracts, warrants, releases, receipts and similar documents for and on behalf of the District in accordance with California Health and Safety Code section 6487, including all documents prepared and circulated as part of the public competitive bidding process. Nothing in this Section 1 is intended to alter or eliminate any other statutory or District Code procedural requirements which may exist. Section 2: Emergency Power Authorization a. Pursuant to Public Contract Code section 22050(b)(1), the Board delegates its power to the General Manager to take any directly -related and immediate action required by an emergency, as defined in Public Contract Code section 1102, and to procure the necessary equipment, services, and supplies for those purposes, when the expenditures exceed $15,000, without giving notice for bids to let contracts. b In the event of an emergency, as defined, the General Manager shall report to the Board not later than seven (7) days after the action, or at its regularly General Manager Authority Resolution 2016 -XXX Page 2 of 7 scheduled meeting if that meeting will not occur later than fourteen (14) days after the action, the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency. c. In the event of an emergency, as defined, the Board shall initially review the emergency action not later than seven days after the action, and at least at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths (4/5) vote, that there is a need to continue the emergency action, unless the General Manager has terminated that action prior to the Board's review of that action. d Upon its review of the emergency action, the Board shall terminate that action at the earliest possible date that conditions warrant so that the remainder of the emergency action necessitated by the emergency may be completed by giving notice for bids to let contracts. Section 3: Authorization under District Emergency Operations Plan The General Manager is designated as the Director of Emergency Services and has the authority set forth in Resolution No. 2010-089, or as set forth in the most recently adopted Emergency Operations Plan resolution or as amended by state law. Section 4: Authorization for Easement Acquisitions and Leasing Property a. The General Manager is authorized to negotiate for grants of easements or offers of dedication and where required purchase easements and offers of dedication in favor of the District. The General Manager shall also be authorized to prepare the documentation as may be required for recording the property rights with the County Recorder's Office, and to take other such action as may be required to implement the acquisition of said easements and offers of dedication. (Comment: This authority is without the Board's approval. Should there be a value limitation?) However, the Board shalt retain the sole power to accept by resolution any and all easements and offers of dedication received by the District. After acceptance of an easement or dedication by the Board, the General Manager shall have the authority to record said easements and offers of dedication for the purpose of providing legal notice of the District's acceptance and the property rights contained therein. b. The General Manager is authorized to purchase or otherwise obtain rights of entry; and approve restoration agreements, encroachment permits, real property agreements and similar documents affecting access to or use of real property deemed necessary or prudent for the carrying out of District activities. If recording of any such documents is required to create permanent rights and legal General Manager Authority Resolution 2016 -XXX Page 3 of 7 notice with regard to such real property matters, such documents will require Board approval for formal acceptance and authorization to record. c. The General Manager shall have authority for funding the purchase of easements, offers of dedication and similar real property related rights, provided adequate funding is included in the District's Board approved Capital Improvement Budget. d. The General Manager, in accordance with the provisions of Chapter 7.08 of the District Code, is authorized to execute agreements relating to the leasing out of District property which has been declared by the Board after a public hearing as not needed for the District's operations for the period covered by the lease term. Section 5: Authorization for Use of Small Claims Court The General Manager is authorized to file suit in Small Claims Court without additional specific authorization by the Board to pursue civil remedies against persons or entities for claims within general subject matter areas and where the amount of the District's claim (amount in controversy) does not exceed the monetary limits of the jurisdiction of California Small Claims Court. This power includes the power to seek judgments and any other remedies available within the jurisdiction of Small Claims Court, and to take other administrative actions necessary to pursue appropriate remedies in Small Claims Court, including appearing on behalf of the District. Section 6: Claims Handling Authority The Board delegates to the General Manager the authority to act on its behalf pursuant to Government Code sections 910, et seq. to reject, return as insufficient, or return as untimely any claims against it, and to provide any notices authorized under those statutes on behalf of the District. Pursuant to Government Code section 935.4, the Board delegates the authority to the General Manager to allow, compromise or settle claims against the District not exceeding $50,000 with the proviso that settlements between $25,000 and $50,000 will be reported promptly to the Board as informational items at a publicly noticed Board meeting. Section 7: Execution of Joint Powers Agreements The General Manager is authorized without Board approval to execute Joint Powers Agreements with cities, counties, special districts and other government entities relating to Board -approved construction projects, such as paving or landscaping, where the funds exchanged in the agreement do not exceed $100,000. General Manager Authority Resolution 2016 -XXX Page 4 of 7 Section 8: Delegation of Authority to Award Contracts for District Proiects Not Exceeding $100,000 The General Manager is delegated the authority to take such actions as are statutorily provided to the Awarding Body for contracts for District Projects of not more than $100,000, provided legally appropriate bidding or procurement procedures have been undertaken. Section 9: Delegations and Limitations on Approvals and Authorization of Professional Consulting Agreements, Technical Consulting Agreements and Professional Engineering Agreements The General Manager shall have the authorizations set forth in the District's Purchasing Policy and Procedures section for approval and execution of Professional Consulting Agreements, Technical Consulting Agreements and Professional Engineering Agreements that do not exceed $100,000 in total cost. Section 10: Delegation of Authority to Amend Professional Consulting Agreements, Technical Consulting Agreements and Professional Engineering Agreements The Board authorizes the General Manager to amend Professional Consulting Agreements, Technical Consulting Agreements and Professional Engineering Agreements for amounts less than fifteen (15) percent of the original agreement amount. However, an amendment to a Professional Consulting Agreement, Technical Consulting Agreement and Professional Engineering Agreement which did not initially require Board approval, may not cause the agreement to exceed the $100,000 General Manager authorization limit without prior Board approval. Section 11: General Manager Authorization Limits on District Projects and Capital Improvement Program a. The General Manager shall be authorized to expend funds available within the Capital Improvement Budget as set forth and limited by the amounts and other limitations set forth in Exhibit A. b. The General Manager shall have the authority to approve change orders (cumulatively) up to the construction contract contingency budget determined at time of award on all District Projects, limited by the authorizations defined in Part a. of this Section. The guidelines for estimating contract contingency are as follows: 1. Contracts $1,000,000 and below have a maximum budget of 15 percent of the original contract amount or $100,000, whichever is greater. Contracts above $1,000,000 and below $10,000,000 have a maximum budget of 10 percent of the original contract amount. General Manager Authority Resolution 2016 -XXX Page 5 of 7 3. Contracts $10,000,000 and above have a maximum budget of 5 percent of the original contract amount. 4. Some projects or special circumstances may require additional budget and will be evaluated on a case-by-case basis. c. Board authorization is required to increase the contract contingency budget after time of award. Section 12: Delegation of Authority on Personnel Actions Otherwise Reserved to Board pursuant to District Code Chapter 4 The General Manager is delegated the authority for the following personnel actions which are otherwise reserved to the Board pursuant to Chapter 4 of the District Code. a. The addition or deletion of any permanent positions approved in the annual budget (Section 4.04.020 of the District Code). These deletions and additions shall not exceed the total number of budgeted authorized positions and may not result in an increase in the District's annual budgeted labor costs. b The establishment of new classifications and assignment of pay grade within the existing salary schedule, as well as any amendments to or the abolition of classification descriptions. These actions shall not exceed the total number of budgeted authorized positions and may not result in an increase of the District's annual budgeted labor costs (Sections 4.12.010 and 4.12.040 of the District Code). c. Appointments to management -level positions (Section 4.16.070(a) of the District Code). Section 13: Delegation ofAuthority on Other Personnel Actions The General Manager is authorized to take the following actions without Board approval: a. Appoint up to five (5) General Manager "transitional positions" at any given time to backfill positions vacated due to an extended leave of absence or as necessary to properly address succession planning. General Manager "transitional positions" are positions not necessarily authorized in the annual budget. The cost associated with these appointments cannot result in an increase in the District's annual budget. b. Make appointments and promotions, take disciplinary actions and take such other actions as required for the proper operation of the District, provided such actions are consistent with the then current District personnel rules and procedures, Memoranda of Understanding (MOU) and Board Policies. General Manager Authority Resolution 2016 -XXX Page 6 of 7 c. Grant administrative leave for employee recognition purposes, such as for safety awards or similar special recognitions for undertaking District responsibilities outside of the employee's existing job function. The granting of such leave will be evaluated by the General Manager on a case-by-case basis. d. Take any other actions as set forth in the Board approved MOUs with the District's bargaining units. Section 14: Rescission of Prior Resolutions As of the effective date of this resolution, the existing District Resolution Nos. 2015-010 and 2016-018 are rescinded. PASSED AND ADOPTED this day of , 2016, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Tad J. Pilecki President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CMC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California APPROVED AS TO FORM: Kenton L. Alm, Esq. Counsel for the District General Manager Authority Resolution 2016 -XXX Page 7 of 7 EXHIBIT A Capital Improvement Program Authorization Limits Action Approve Capital Plan Authorize Capital Program budgets Transfer funds to individual project budgets Professional Consulting Services Authorize Consultant Technical Consulting Services. Contracts Professional Eng. Services. Transfer funds from CIB contingency account to projects not included in the CIB Individual equipment items and equipment contingency in the Equipment Budget Individual equipment items not in the Equipment Budget Authorize supplemental funds to program budgets and contingency account Award construction contracts3 Authorize construction change orders Deductive Additive Subcontractor substitutions Construction project acceptance Close out project General Manager None None $500,000 or less 1 $100,000 or less $100,000 or less $100,000 or less $100,000 or less per project2 Up to amount specified in Equipment Budget $50,000 or less Not applicable $100,000 or less $100,000 or less No limit All substitutions unless protested by subcontractor All projects All projects Board of Directors No limit No limit No limit Greater than $100,000 Greater than $100,000 Greater than $100,000 Greater than $100,000 Above amount specified in Equipment Budget Greater than $50,000 Sewer Construction Fund balance Greater than $100,000 Greater than $100,000 No Board authorization required Substitutions protested by • subcontractor Informational announcement to the Board Memo provided to the Board at end of FY Limited by the remaining balances of the applicable program and contingency account 2 Limited by the remaining balance of the applicable contingency account a Bid protests and rejection of all bids must go to Board regardless of dollar amount 2725803.1