590-24 Adding New Administrative Code Section 8 CUPCCAAORDINANCE NO. 590-24
AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY
DISTRICT SETTING ADDING NEW ADMINISTRATIVE CODE SECTION 8,
UNIFORM CONSTRUCTION COST ACCOUNTING ACT
Be it enacted by the Board of Directors of the South Tahoe Public Utility District, County
of El Dorado, State of California, as follows:
SECTION I - PURPOSE
8.1 Purpose. The purpose of this Section is to establish procedures for public works
construction projects in the District in compliance with the California Public Contract Code,
Division 2, Part 1 and Division 2, Part 3, the Local Agency Public Construction Act, including the
Alternate Provisions of the Uniform Construction Cost Accounting Act.
SECTION II — BIDDING PROCESS
8.2 Bidding thresholds.
8.2.1 Projects S60 000 or less. Construction projects valued at the amount specified in
California Public Contract Code § 22032(a) or less may be performed by District forces, by
negotiated contract or by purchase order.
8.2.2 Proiects S200.000 or less. Construction projects valued at the amount specified in
California Public Contract Code § 22032(b) or less may be let to contract by informal bidding
procedures, set forth in Section 8.3 below, to the lowest responsible bidder.
8.2.3 Projects $200,000 or more. Construction projects valued at more than the amount
specified in California Public Contract Code § 22032(c) shall be let by formal bidding procedure,
set forth in Section 8.4 below, to the lowest responsible bidder.
8.2.4 Project splitting. It shall be unlawful to split projects into smaller work orders or
projects for the purpose of evading the provisions of this Section or applicable state laws.
8.3 Infor►ual Bidding Procedures.
8.3.1 Notice inviting bids. The notice inviting bids 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. Notice shall be provided in accordance with either Section 8.3.2(a) or
(b), or both.
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8.3.2 Notice to contractor.
(a) The District shall maintain a list of qualified contractors, identified
according to categories of work. All contractors on the list for the category of work being bid shall
be mailed, faxed, or emailed a notice inviting informal bids unless the product or service is
proprietary. All mailing of notices to contractors pursuant to this division shall be completed not
less than ten calendar days before bids are due.
(b) The District may elect to mail, fax, or email a notice inviting informal bids
to all construction trade journals as specified in California Public Contract Code § 22036.
8.3.2.3 Award o bids in excess of informal amount. If all the bids received are in excess
of $200,000, the District Board may, by adoption of a resolution by a four -fifths vote, award the
contract up to $215,000, to the lowest responsible bidder if it determines the cost estimate of the
District was reasonable.
8.4 Formal Bidding Procedures.
Notices inviting formal bids shall state the time and place for the receiving and opening of sealed
bids and distinctly describe the project. The notice shall be published at least 14 calendar days
before the date of opening the bids in a newspaper of general circulation, printed and published in
the District; or, if there is no newspaper printed and published within the District, in a newspaper
of general circulation which is circulated within the District. The notice inviting formal bids shall
also be sent electronically, if available, by either facsimile or electronic mail and mailed to all
construction trade journals specified in California Public Contract Code § 22036. The notice shall
be sent at least 15 calendar days before the date of opening the bids. In addition, the District may
also give such other notice as it deems proper, including mailing or e-mailing the notice to
prospective vendors and contractors.
8.5 Award.
In both informal and formal bidding process, award shall be to the lowest responsible
bidder. If two or more bids are the same and the lowest, the District may accept the one it chooses.
8.6 Reiection of Bids.
In its discretion, the District may reject any bids presented if the District declares that the project
can be performed more economically by employees of the District. Prior to rejecting any bids, the
District shall furnish a written notice to an apparent low bidder informing the bidder of the
District's intention to reject the bid. Said notice shall be mailed at least two business days prior to
the hearing at which the District intends to reject the bid. If after the first invitation of bids all bids
are rejected, after reevaluating its cost estimates of the project, the District shall have the option of
either of the following:
(a) Abandoning the project or readvertising for bids, or
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(b) With the passage of a resolution by a four -fifths vote of the Board declaring that
the project can be performed more economically by the employees of the District, may have the
project done by force account.
8.7 No bids. If no bids are received through the formal or informal procedure, the
project may be performed by the employees of the District by force account, or by negotiated
contract.
8.8 Contract and Change Order Signing Authority.
8.8.1 SieninmAuthority. The General Manager, or designee, has the authority to award
informal bids up to $75,000 and to sign all contracts associated therewith. All informal bids and
formal bids over $75,000 shall be awarded by the Board and signed by the President.
8.8.2 Gran a Orders. The Board of Directors is required to approve any changes which
increase the cost of a formally bid project; and contract changes for those projects must be
approved by a four -fifth vote of the Board of Directors.
8.9 Emergency Work.
8.9.1 Declaration_ of EinerizencE. In the case of an emergency, the District, pursuant to
a four -fifths vote of the Board, may repair or replace a public facility, take any directly related and
immediate action required by that emergency, and procure the necessary equipment, services, and
supplies for those purposes, without giving notice for bids to let contracts. The Board, in the
resolution, shall make findings that the emergency is such that it will not permit a delay which
would occur from a competitive solicitation for bids, and that the action is necessary to respond to
the emergency.
8.9.2 Delectation afAuthority. The Board, by a four -fifths vote herein, delegates to the
General Manager the authority to make an initial determination of an emergency and take any
action under section 8.9.1.
(b) If the General Manager orders any action specified in section 8.9.1, the
General Manager shall report to the Board, at its next meeting, 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.
8.9.3 Review o the Emergency.
(a) If the Board orders any action specified in section 8.9.1, the Board shall
review the emergency action at its next regularly scheduled meeting and, except as specified
below, at every regularly scheduled meeting thereafter until the action is terminated, to determine,
by a four -fifths vote, that there is a need to continue the action.
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(b) If the General Manager orders any action specified in section 8.9.1, the
Board shall initially review the emergency action not later than seven days after the action, or at
its next regularly scheduled meeting if that meeting will occur not later than 14 days after the
action, and at least at every regularly scheduled meeting thereafter until the action is terminated,
to determine, by a four -fifths vote, that there is a need to continue the action.
(c) The Board shall terminate the action at the earliest possible date that
conditions warrant so that the remainder of the emergency action may be completed by giving
notice for bids to let contracts.
SECTION VII — SEVERABILITY
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this
Ordinance and its implementing rules and regulations is for any reason held to be unconstitutional
or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance
or the Administrative Code. The Board of Directors declares and determines that it would have
passed section, subsection, subdivision, paragraph, sentence, clause or phrase thereof of this
Ordinance and its implementing rules and regulations and the Administrative Code irrespective of
the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or
phrases may be determined to be unconstitutional or invalid.
SECTION VIII — EFFECTIVE DATE
This Ordinance amending the above referenced section of the Administrative Code shall
take effect thirty days after its passage.
PASSED AND ADOPTED by the Board of Directors of the South Tahoe Public Utility
District at its duly held regular meeting on the 6th day of June 2024, by the
following vote:
AYES: Haven, Romsos, Peterson, Sheehan, Exline
NOES:
ABSENT:
David Peterson, President
South Tahoe Public Utility District
ATTEST: __
W" A��
.Melonie Guttry, Executive Service< Manager/
Clerk: ofthe Board
South Tahoe Public Utility District
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