HomeMy WebLinkAbout04.a. Review draft Position Paper to consider adopting (1) Resolution No. 2021-___ delegating authority to the General Manager to execute and record certain real property agreements, and (2) corresponding revisions to BP 037 - Delegation of Authority to Page 1 of 14
Item 4.a.
CENTRAL SAN BOARD OF DIRECTORS
. , , .
POSITION PAPER
. , 0
DRAFT
MEETING DATE: JANUARY 12, 2021
SUBJECT: REVIEW DRAFT POSITION PAPER TO CONSIDER ADOPTING
(1) RESOLUTION NO. 2021- DELEGATING AUTHORITY TO THE
GENERAL MANAGER TO EXECUTE AND RECORD CERTAIN REAL
PROPERTYAGREEMENTS, AND (2) CORRESPONDING REVISIONS TO
BP 037 - DELEGATION OFA UTHORITY TO GENERAL MANAGER
SUBMITTED BY: INITIATING DEPARTMENT:
DAVID KRAMER, SENIOR RIGHT OF WAY ENGINEERING AND TECHNICAL SERVICES -
AGENT PDS - DEVELOPMENT SERVICES - RIGHT OF
WAY
REVIEWED BY: DANA LAWSON, SENIOR ENGINEER
DANEA GEMMELL, PLANNING & DEVELOPMENT SERVICES DIVISION
MANAGER
JEAN-MARC PETIT, DIRECTOR OF ENGINEERING & TECHNICAL
SERVICES
ISSUE
Changes to Board policies require Board approval.
BACKGROUND
Central San reviews building plans to confirm requirements are met as part of the sanitary sewer
construction application process. As part of the permitting process, there is review of the existing
structures and all proposed construction to determine any potential conflicts with existing Central San
sanitary sewers and/or easements on the property.
During the review process, Central San may identify proposed or existing unauthorized encroachments.
Depending on the situation, Central San may require the property owner to enter into a real property
agreement, in compliance with District Code, or to remove the proposed encroachment from the plans
before approving them. The real property agreement outlines all liability by the parties involved to protect
Central San from replacing expensive improvements within the easement during rehabilitation of the sewer
lines by Capital Projects. The real property agreements are recorded on the property to notify subsequent
owners of the encroachment and the associated liabilities.
To enter into a real property agreement, an application and fees are submitted, staff drafts the agreement
January 12, 2021 Regular ADMIN Committee Meeting Agenda Packet- Page 4 of 41
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and the applicant's engineer or surveyor drafts the exhibit. While staff can draft the agreement within a
week, the process is delayed by submittal of an acceptable exhibit for recording purposes.
Once the real property agreement has been signed and notarized by the property owner, Central San staff
must calendar it for the next available Real Estate, Environmental and Planning Committee meeting and
then, if recommended, the next Board of Directors meeting. With the agenda review process and meeting
schedules, it typically takes 6 - 8 weeks to obtain Board authorization for final execution and recordation
with the County Recorder's Office. Once the Board has authorized the agreement, staff can approve and
return the applicant's plans to continue the permitting process with the local building jurisdiction.
Many property owners have voiced concern that this current process is causing them long and costly
delays in the permitting process of their construction projects. Central San staff is looking to expedite this
process by delegating to the General Manager the authority to execute and record real property
agreements for all new and existing Class One encroachments and existing Class Two encroachments. All
proposed new Class Two encroachments, which could cause significant interference with access to the
pipe or easement, would continue to be presented to the Board for approval as these encroachments
reduce the quality of rights that Central San enjoys with its sanitary sewer easements. Attachment
1 contains an excerpt from District Code Section 7.15.010 describing Class One and Class
Two encroachments. With the increase in construction of accessory dwelling units (ADUs), these issues
are becoming more prevalent.
Attachment 2 is the proposed resolution authorizing the General Manager, or his designee, to enter into
real property agreements for all new and existing Class One encroachments, as well as all existing Class
Two encroachments. Attachment 3 incorporates this same authority into BP 037 - Delegation of
Authority to General Manager, including a reference to the underlying resolution. The proposed changes
appear on page 4.
ALTERNATIVES/CONSIDERATIONS
The Board could choose not to adopt the proposed resolution and revisions to B P 037, or the Board could
provide some other direction to staff.
FINANCIAL IMPACTS
There are no fiscal impacts anticipated from adopting the proposed revisions.
COMMITTEE RECOMMENDATION
The Administration Committee reviewed this matter at its meeting on January 12, 2021
and recommended
RECOMMENDED BOARD ACTION
Adopt (1) Resolution No. 2021- delegating authority to the General Manager to execute and record
certain real property agreements, and (2) corresponding revisions to BP 037 - Delegation ofAuthority to
General Manager.
Strategic Plan re-In
GOAL ONE: Customer and Community
Strategy 1—Deliver high-quality customer service, Strategy 2—Maintain a positive reputation
GOAL FIVE: Infrastructure Reliability
Strategy 3—Protect personnel and assets from threats and emergencies
January 12, 2021 Regular ADMIN Committee Meeting Agenda Packet- Page 5 of 41
Page 3 of 14
ATTACHMENTS:
1. District Code Section 7.15.010 Excerpt on Encroachments
2. Proposed Resolution
3. BP 37 with proposed revisions (see p. 4)
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Page 4 of 14
ATTACHMENT 1
Chapter 7.15- EASEMENTS AND EASEMENT ENCROACHMENTS
Sections:
7.15.010- Definitions.
For the purposes of this chapter, the following terms have the meanings specified below.
A. "Easement" means a property right, however created, by which the owner of the right is entitled
to make specified uses of the real property of another person; the term "easement" includes
"reserve," "sewer reserve," or"utility reserve."
B. "Encroachment" means an activity or condition that results in significant interference with the
District's enjoyment of its easement rights. As used in this chapter, there are two classes of
encroachments:
1. Class One Encroachments. These are encroachments that may result in significant
interference with District's use of easements unless adequate safeguards and/or mitigation
measures are taken. Examples of Class One encroachments ordinarily include: fences,
gates, driveways, paved parking areas, modest landscaping, and minor cuts and fills.
2. Class Two Encroachments. These are encroachments that are likely to result in significant
interference with District's use of easement for the present or future, and where simple
safeguards and/or mitigation measures will not remove or adequately ameliorate the
interference with construction, reconstruction, renewal, alteration, operation, maintenance,
repair and replacement of or access to District sanitary sewer facilities within the
easement. Examples of Class Two encroachments ordinarily include: permanent structures
such as buildings (including garages or outbuildings), swimming pools, permanent decks,
reinforced concrete surfaces, substantial landscaping structures, and retaining walls. Class
Two encroachments also include temporary structures that are not readily removable from
the easement, are likely to cause root intrusion, or are prone to interfere with operation of
District facilities, such as: trees, large bushes, overgrown vegetation, large accumulations
of stored materials, and other activities and conditions which may prevent reasonable
access for construction, reconstruction, renewal, alteration, operation, maintenance, repair
and replacement of District sanitary sewer facilities within the easement.
C. "Property owner" means the fee owner or long-term leaseholder of the servient tenement to the
District's easement.
D. "Significant interference" means, with respect to encroachments on District easements, an
activity or condition that has the potential to damage or to inhibit access to District facilities, that
may or will result in excessive cost to the District to use the easement for its intended purposes,
or that may or will result in blockage or damage to District facilities.
(Ord. 253 § 1(EXh. A(part)), 2008)
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ATTACHMENT 2
RESOLUTION NO. 2021-
A RESOLUTION AUTHORIZING CENTRAL CONTRA COSTA SANITARY DISTRICT STAFF
TO EXECUTE AND RECORD CERTAIN REAL PROPERTY AGREEMENTS
BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District
(Central San) as follows:
THAT, having determined it is an appropriate staff function to execute and record Real
Property Agreements for any existing and/or proposed Class One as well as existing Class
Two encroachments as defined by District Code 7.15.010, the Board hereby grants to the
General Manager or his designee, power to execute Real Property Agreements for Class
One and existing Class Two encroachments for recording with the County Recorder's Office,
to record said Real Property Agreements for purposes of giving notice to subsequent
purchasers, and to take other such actions as may be required to implement the purposes of
the District in executing and recording said Real Property Agreements.
THAT staff is authorized to record the documents in the office of the Recorder of Contra
Costa County.
PASSED AND ADOPTED this 21St day of January, 2021 by the Board of Directors of Central
San 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:
Katie Young
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
January 12, 2021 Regular ADMIN Committee Meeting Agenda Packet- Page 8 of 41
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ATTACHMENT 3
Number: BP 037
Authority: Board of Directors
Adopted: 8/16/2018
Revised: 01/17/2020 1/21/2021
Reviewed:
Initiating Dept./Div.: Board of Directors/ .CENTRAL SAN
Secretary of the District
BOARD POLICY
DELEGATION OF AUTHORITY TO GENERAL MANAGER
PURPOSE
The proper functioning of the Central Contra Costa Sanitary District ("Central San")
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
Central San. With the exception of the Board's delegation of authority and limitations on
staff authority through the approval and adoption of the Central San Budget as well as
Board Policy No. BP 036 — Informal Bidding, this policy consolidates and clarifies the
Board's delegation of authority to the General Manager and his or her designee and
helps to ensure the efficient operation of Central San.
POLICY
The General Manager and his or her designee shall have the authority to carry out the
functions of Central San as follows:
1. General Authorization
The General Manager is authorized to execute all deeds, contracts, warrants,
releases, receipts and similar documents for and on behalf of Central San in
accordance with California Health and Safety Code §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.
2. Emergency Powers
Pursuant to California Public Contract Code (PCC) §22050(b)(1), the Board has
delegated to the General Manager via Resolution No. 2020-002 the authority to
order any emergency action pursuant to PCC §22050(a)(1) as follows:
a. Immediate Action in Emergencies. The General Manager has the power
to take any directly-related and immediate action required by an
emergency, as defined in PCC §1102, and to procure the necessary
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Number: BP 037
DELEGATION OF AUTHORITY TO GENERAL MANAGER
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equipment, services, and supplies for those purposes, when the
anticipated expenditures may exceed the lower limit of the threshold
requiring bidding for a project under the amount specified by PCC
§22032(a) (currently $60,000), without giving notice for bids to let
contracts.
b. Reporting to the Board. In the event of an emergency, as defined, the
General Manager shall report to the Board not later than 7 days after the
action, or at its regularly scheduled meeting if that meeting will not occur
later than 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. Regular Review Required. In the event of an emergency, as defined, the
Board shall initially review the emergency action as set forth in paragraph
b. above, 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. Termination of Emergency. 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.
3. Emergency Operations Plan
a. Director of Emergency Services. The General Manager is delegated the
authority to appoint a Director of Emergency Services and has the authority
set forth in Resolution No. 2020-003, or as set forth in Central San's most
recently adopted Emergency Operations Plan resolution or as amended by
state law.
b. Proclamation of Local Emergency. Under emergency conditions in which
immediate action must be taken to protect lives and property, respond to
emergencies, and to restore essential services for the public health and
safety, the Director of Emergency Services may activate the District's
Emergency Operations Plan and proclaim a local emergency.
C. Managinq Emergency Operations. Upon proclamation of a local emergency,
the Director of Emergency Services will direct and manage all emergency
operations and make decisions to allocate resources and expend funds as
necessary to meet the needs of the emergency.
d. Ratification of Proclamation of Local Emergency. The Board shall meet within
seven (7) days of proclamation of the local emergency to ratify the
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Number: BP 037
DELEGATION OF AUTHORITY TO GENERAL MANAGER
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proclamation by resolution and authorize continued emergency operations
and recovery actions.
e. Duration of Proclamation. The proclamation of local emergency shall remain
in effect for fourteen (14) days from the date of ratification, unless terminated
or extended by the Board.
f. Modifications to Emergency Operations Plan. The Director of Emergency
Services shall be authorized to make modifications to the Emergency
Operations Plan and modify practices and procedures to maintain compliance
with the California Emergency Services Act (CESA).
4. Use of Small Claims Court
The General Manager is authorized to pursue civil remedies against persons or
entities in California Small Claims Court, including seeking judgments and any
other remedies available within its jurisdiction.
5. Claims Handling
a. Rejection of Claims. The General Manager is authorized to act on behalf
of the Board pursuant to Government Code §§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 Central San.
b. Settlement/Payment of Claims. Pursuant to Government Code §935.4
and Resolution No. 2020-004, the Board delegates the authority to the
General Manager to allow, compromise or settle claims against Central
San not exceeding $50,000, and to authorize payment of any such claims
up to the stated limit. The term "claims" excludes District expenses,
including emergency response costs, incurred as part of the claims
adjusting process.
C. Reportinq of Settlements. All settlements greater than $25,000 and less
than $50,000 will be reported promptly to the Board as informational items
at a publicly-noticed Board meeting.
6. Easement Acquisitions and Leasing Property
a. Acquisition of Easements. 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 Central San. This
delegation is limited to easement acquisitions or exchanges in amounts up
to $200,000 each when easement acquisitions are included in project
budgets. Easement acquisitions or exchanges valued in excess of
$200,000 require separate Board action. The General Manager shall also
be authorized to prepare the documentation as may be required for
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Number: BP 037
DELEGATION OF AUTHORITY TO GENERAL MANAGER
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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. The General Manager will provide
periodic reports to the Board on such purchases and expenditures.
However, the Board shall retain the sole power to accept by resolution any
and all easements and offers of dedication received by Central San. 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 Central San's
acceptance and the property rights contained therein.
b. Rights of Entry, Etc. 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 Central San 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. Heal Property Agreements. Pursuant to Resolution No. 1U21 - the
General Manager is authorized to approve, execute and record with the
County Recorder's Office real property agreements intended to address
any existing and/or proposed Class One encroachments as well as
existing Class Two encroachments as defined by District Code 7.15.010.
However, the Board has retained the sole power to approve, execute and
authorize the recording of any real property agreements related to new
Class Two encroachments, as defined by District Code 7.15.010. Any
such proposed new Class Two encroachments shall continue to be
presented to the Board for consideration.
Funding. The General Manager is authorized to fund the purchase of
easements, offers of dedication and similar real property-related rights,
provided adequate funding is included in Central San's Board-approved
Capital Improvement Budget.
Lease Agreements. 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 Central San property which has
been declared by the Board after a public hearing as not needed for
Central San's operations for the period covered by the lease term.
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Number: BP 037
DELEGATION OF AUTHORITY TO GENERAL MANAGER
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7. Joint Powers Agreements
a. Board-approved Construction Projects. The General Manager is
authorized to execute Joint Powers Agreements and similar cooperative
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 $200,000.
b. Other Construction Activities. The General Manager, or his or her
designee, is authorized to execute Joint Powers Agreements under Board-
approved projects designated to exchange funds related to construction
activities, such as raising manhole covers, where the funds exchanged in
the agreement do not exceed $200,000.
8. Contracts for District Projects Not Exceeding the General Manager Public
Works Delegation Limit
Pursuant to PCC §22034 (c), the General Manager's Public Works Delegation
Limit is $200,000 or the amount of the informal bid limit as established
periodically by the State of California through Statute (PCC §22032(b)) related to
the Uniform Public Construction Cost Accounting Act (UPCCAA).
The General Manager is authorized to take such actions as are statutorily
provided to the Awarding Body for contracts for District Projects of not more than
the General Manager's Public Works Delegation Limit provided legally
appropriate bidding or procurement procedures have been undertaken.
See Exhibit A.
9. Professional Consulting, Technical Consulting and Professional
Engineering Services Agreements
a. New Agreement Authorization Limit. The General Manager is authorized
to approve and execute services agreements for Professional Consulting,
Technical Consulting and Professional Engineering that do not exceed
$200,000 in total cost.
b. Agreement Amendments. The General Manager is authorized to amend
services agreements for Professional Consulting, Technical Consulting
and Professional Engineering as follows:
1) Current Agreement - $2 Million or Less. For agreements with a
current amount of $2 million or less, the amendments shall not
exceed $100,000.
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Number: BP 037
DELEGATION OF AUTHORITY TO GENERAL MANAGER
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2) Current Agreement— More than $2 Million. For agreements with
an original amount of more than $2 million, the amendments shall
not exceed $200,000.
3) Amendments Causing Agreement Total to Exceed$200,000.
Board approval is required to amend any agreement originally
signed by the General Manager under this delegation of authority if
the initial agreement and amendment(s) combined exceed
$200,000.
The above limits are cumulative.
C. Reporting Requirement. Any professional consulting agreements entered
into by the General Manager between $50,000 and $200,000 will be
periodically included in an informational announcement to the Board.
See Exhibit A.
10. District Projects and Capital Improvement Program
a. Capital Improvement Program Authorization Limits. The General
Manager is 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. Change Orders. The General Manager is authorized 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 Exhibit A. As a guideline, typically the contract
contingency shall not exceed 10 percent of the award amount. The
percentage may be adjusted to a lower figure for larger projects or may
be increased on projects where special circumstances are present. Such
lower or higher contingency amount will be evaluated on a case-by-case
basis.
C. Increase to Contract Contingency. Board authorization is required to
increase the contract contingency budget amount on contracts awarded
by the Board after time of award.
See Exhibit A.
11. Contracts for Goods and Services
a. Limited by Annual Operating Budget. The General Manager and Purchasing
and Materials Manager are authorized to award and enter into contracts and
purchase orders for goods and services that are not "professional services" or
"public works contracts," such as utilities, maintenance services, equipment,
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Number: BP 037
DELEGATION OF AUTHORITY TO GENERAL MANAGER
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chemicals and supplies so long as overall spending does not exceed the
Board's annual adopted operating budget, provided purchasing policy and
procedures are adhered to.
12. Procurement Cards
The General Manager is authorized on behalf of Central San to enter into credit
card agreements and administer the credit card program on behalf of Central
San.
13. Personnel Actions Otherwise Reserved to Board pursuant to District Code
Chapter 4
The General Manager is authorized to take the following personnel actions which
are otherwise reserved to the Board pursuant to Chapter 4 of the District Code:
a. Adds/Cancels. 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 may not exceed the number of authorized
positions and result in an increase in Central San's annual budgeted labor
costs.
b. Classifications. 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 may not result in an increase of Central San's annual budgeted
labor costs (Sections 4.12.010 and 4.12.040 of the District Code).
C. Manager Appointments. The appointment of management-level positions
(Section 4.16.070(a) of the District Code).
14. Other Personnel Actions
The General Manager is authorized to take the following actions without Board
approval:
a. Transitional Positions: Authorize up to five (5) General Manager
"transitional positions" at any given time for up to 24 months 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 Central San's annual budget.
b. Appointments/Disciplinary Actions. Make appointments and promotions,
take disciplinary actions and take such other actions as required for the
proper operation of Central San, provided such actions are consistent with
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DELEGATION OF AUTHORITY TO GENERAL MANAGER
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the then current Central San personnel rules and procedures, Memoranda
of Understanding (MOU) and Board Policies.
C. Employee Recognition. Grant administrative leave for employee
recognition purposes, such as for safety awards or similar special
recognitions for undertaking Central San 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. Other Actions. Take any other actions as set forth in the Board approved
MOUs with Central San's bargaining units.
15. Records Management Program
a. Records Retention Schedules. Pursuant to Resolution No. 2019-051, the
General Manager is authorized, in conjunction with District Counsel, to
approve all revisions to Central San's Records Retention Schedules
involving the following: changes in state law, changes in record keeping
practices or operational needs, lengthening of retention periods, and
changes determined by District Counsel to be of a ministerial nature.
Board approval is required by resolution for changes to the Records
Retention Schedules involving the following: shortening of retention
periods, and changes determined by District Counsel to be substantive.
[Original retained by the Secretary of the District]
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EXHIBIT A
Capital Improvement Program Authorization Limits
Action General Manager Board
Approve Capital Improvement Plan and Budget None No limit
(CIPICIB)
Transfer funds to individual project budgets $500,000 or less Greater than$500,000
Professional Consulting Services
Enter into Technical Consulting Services $200,000 or less Greater than$200,000
Agreements
Professional Engineering Services
Amend Amend Agreements<_$2 million $100,000 or less 2 Greater than$100,000
Agreements Amend Agreements>$2 million $200,000 or less 2 Greater than$200,000
Transfer funds from CIB contingency account to $200,000*or less per Greater than$200,000*
projects not included in the CIB project 3
Authorize purchase of individual equipment Not to exceed the limit of the No limit
items Equipment Budget
Authorize supplemental funds to program budgets None No limit
and contingency account
Award construction contracts 4 $200,000*or less Greater than$200,000*
Authorize Additive $200,000*or less Greater than$200,000*
Construction No limit; if greater than$200,000,
Change Orders Deductive informational announcement to Not applicable
Board
Authorize subcontractor substitutions All substitutions unless protested Substitutions protested by
by subcontractor subcontractor
Accept construction projects All projects Informational announcement to
Board
Close out projects All projects Memo provided to Board at fiscal
yearend
Acquire easements $200,000 or less Greater than$200,000
Limited by the remaining balances of the applicable program and contingency account.
2 This limit is cumulative.
3 Limited by the remaining balance of the applicable contingency account.
4 Bid protests and rejection of all bids must go to Board with the exception of those under$200,000 and which fall under the
provisions of the Uniform Public Construction Cost Accounting Act(UPCCAA)(California Public Contract Code§§22042 and
22042.5).
*These limits shall be raised concurrently with changes to the UPCCAA(California Public Contract Code§22032(a),representing
the threshold above which formal bidding is required.
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