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ITEM: |
PUBLIC
HEARING |
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6. |
CONSIDER SECOND READING AND
ADOPTION OF ORDINANCE NO. 195 -- ADDING RULE 19.9 TO PROVIDE INFORMAL BIDDING
PROCEDURES UNDER THE UNIFORM PUBLIC
CONSTRUCTION COST ACCOUNTING ACT |
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Meeting
Date: |
September 16, 2024 |
Budgeted: |
N/A |
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From: |
David J.
Stoldt, |
Program/ |
N/A |
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General
Manager |
Line Item
No.: |
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Prepared
By: |
Maureen
Hamilton |
Cost Estimate: |
N/A |
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General Counsel Review: Yes |
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Committee Recommendation: N/A |
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CEQA Compliance: This action does not constitute a project
as defined by the California Environmental Quality Act Guidelines Section
15378. |
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SUMMARY: On April 15, 2024 the Board of Directors of the Monterey Peninsula Water Management District, by Resolution 2024-04, elected to become subject to the California Uniform Public Construction Cost Accounting Act (CUPCCAA) procedures under California Public Contract Code (PCC).
The CUPCCAA in PCC ⸹22034 requires participating public agencies to enact an informal bidding ordinance (Ordinance) to govern the selection of contractors by informal procedures. The CUPCCAA allows informal bidding procedures to be used for projects up to the cost limit set forth in PCC ⸹22032 (b), two hundred thousand dollars ($200,000). An excerpt of the CUPCCAA PCC pertaining to informal bidding ordinances is provided in Exhibit 6-A and the Ordinance is provided in Exhibit 6-B.
RECOMMENDATION: Staff recommends the Board approve the second reading and adoption of Ordinance No. 195, adding Rule 19.9 to provide Informal Bidding Procedures under the Uniform Public Construction Cost Accounting Act.
BACKGROUND: PCC ⸹22034 requires the Ordinance state that informal bidding notification be provided to contractors via one or both of the following methods:
a) A list of qualified contractors (List) created and maintained by MPWMD.
b) Trade journals specified by the CUPCCAA Commission.
The List is created by providing written notice to all construction trade journals designated by the CUPCCAA Commission. The trade journals currently specified for Monterey County are:
The notice shall invite all licensed contractors to submit information so the contractor can be included on the List. The required information is as follows:
· contact information,
· contractors license information, and
· the type of work in which the contractor is interested.
The List shall include all qualified contractors who provide the required information, including contractors who provide the required information at any time thereafter. Qualified contractors are contractors licensed by the State to perform the subject work. The Commission has determined that nothing in the CUPCCAA prohibits a participating agency from using additional objective pre-qualification standards in the formation and maintenance of their Qualified Contractors Lists.
The List must be updated at least annually by providing a notice in the trade journals. There is no cost for providing notices via trade journals.
The CUPCCAA in PCC ⸹22035 directs agencies to PCC ⸹22050 for emergency contracting procedures, the same emergency contracting procedure code to which MPWMD is directed in PCC ⸹21624.
6-A Public Contract Code ⸹22030 through ⸹22036 Excerpt
6-B Ordinance No. 195 Adding Rule 19.9 Informal Bidding Procedures Under the Uniform Public Construction Cost Accounting Act
U:\staff\Boardpacket\2024\09162024\Public
Hearings\06\Item-6.docx