HomeMy WebLinkAbout1995-02-21; Municipal Water District; 270; Officer for Substitution of SubcontractorsCARLSBAD M”uICIPAL WATER DISTRICr - -‘%ENDA BILL &+a b
AB # 23 0 TITLE:
MTG. 02/21 I95
DEPT. CMWD
ADOPTION OF BOARD OF DIRECTORS
POLICY APPOINTING THE GENERAL MANAGER
AS OFFICER FOR SUBSTITUTION
OF SUBCONTRACTORS
RECOMMENDED ACTION:
Board of Directors’ adopt, by minute motion, Board of Directors Policy No. 1 designating the General Manager
as the Board of Directors’ “duly appointed officer” for the purposes of approval of substitution of subcontractors
on public works contracts.
ITEM EXPLANATION:
Public Contract Code Section 4107 states that, after award of contract, the “awarding authority or its duly
appointed officer may approve the substitution of subcontractors in any public works contract. Section
4107.5 outlines the situations under which subcontractors may be substituted by the prime contractor. Since
the Board does not have an appointed official, staff is required to bring requests for substitutions of
subcontractors to the Board of Directors for approval.
Staff is recommending that the Board of Directors adopt Board of Directors Policy No. 1 appointing the General
Manager as its “duly appointed officer” for the purposes of approving substitutions of subcontractors.
Giving the General Manager authority to approve these substitutions may prevent delays in capital project
construction by shortening the processing time of substitution approvals.
FISCAL IMPACT:
There is no direct fiscal impact to implementing this action. Adoption of the Board of Directors’ Policy could
prevent delays in construction of capital projects; therefore, may result in some cost savings.
EXHIBITS:
1. Board of Directors’ Policy No. 1 Subcontractor Substitutions.
/
c
Carlsbad Municipal Water District
BOARD OF DIRECTORS STATEMENT
Policy No. 1
Date Issued , 1995
Effective Date
Cancellation Date
General Subject: Public Works Contracts Supersedes No.
dated
Specific Subject: Subcontractor substitution
Copies to: Board of Directors, Executive Manager, General Counsel, Department and
Division Heads, Employee Bulletin Boards, Press, File
PURPOSE: To designate the General Manager as the Board of Director’s “duly authorized
officer” for the purposes of approval of the substitution of subcontractors on
public works contracts in the Carlsbad Municipal Water District,
POLICY:
1.
It is the policy of the Board of Directors that:
In all public works contracts that the Carlsbad Municipal Water District entered
into pursuant to Chapter 3.28 of the Carlsbad Municipal Code and/or the
California Public Contract Code that the substitution of subcontractors, when
authorized under the law, be handled in the most expeditious manner at the
administrative lever, rather than requiring a Board of Directors’ public hearing.
2. For the purposes of Public Contract Code sections 4107 and 4107.5 relating
to substitution of subcontractors on public works contracts, the General
Manager is hereby designated as the Board of Directors’ “duly authorized
officer” and is empowered to consent to substitutions of subcontractors, give
notices, and conduct public hearings, if required, in accordance with and as
authorized by those contract code provisions. The General Manager shall
consult with the General Counsel prior to consenting to substitution of a
subcontractor.
3. The General Manager is not authorized to approve substitutions prohibited by
law. The General Manager shall notify the parties in writing of the decision to
grant or refuse consent within five (5) days of conducting a public hearing
required by Section 4107 and/or 4107.5. The decision shall be final ten (10)
days after mailing, unless as affected party files a written appeal with the
Secretary within those ten (10) days. The appeal fee shall be set at $250.00;
thereafter to be established by resolution. The Appellant shall specify therein
the manner in which the General Manager’s decision erred, and serve the
appeal on all affected parties. The Secretary shall give notice of a public
hearing thereon by mail to the Appellant and all affected parties, for the next
Board of Director’ meeting which will result in at least five (5) days notice. The
“next meeting” shall be interpreted to mean the next meeting for which the
required public noticing of the agenda can be accomplished.
4. Where the amount of the subcontract in controversy exceeds $250,000, the
public hearing, if required, shall be conducted by the Board of Directors.
d