ATTACHMENT 2
TOWN OF ATHERTON
CITY COUNCIL RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF ATHERTON,
CALIFORNIA, ELECTING TO BECOME SUBJECT TO THE UNIFORM PUBLIC
CONSTRUCTION COST ACCOUNTING ACT AND ADOPTING UPDATED CONTRACT
REQUIREMENT AMOUNTS FOR PROCUREMENT OF PUBLIC WORKS PROJECTS
FOR FORCE ACCOUNT/OPEN MARKET PROCEDURES, INFORMAL BIDDING
PROCEDURES, AND FORMAL BIDDING PROCEDURES
WHEREAS, prior to the passage of Assembly Bill No. 1666, Chapter 1054, Statutes of 1983, which added Chapter 2, commencing with Section 22000, to Part 3 of Division 2 of the Public Contract Code, existing law did not provide a uniform cost accounting standard for construction work performed or contracted by local public agencies; and WHEREAS, Public Contract Code section 22000 et seq., the Uniform Public Construction Cost Accounting Act (the "Act"), establishes such a uniform cost accounting standard; WHEREAS, the California Uniform Construction Cost Accounting Commission (the "Commission") established under the Act has developed uniform public construction cost accounting procedures for implementation by local public agencies in the performance of or in the contracting for construction of public projects; and
WHEREAS, the Act, located at Public Contract Code section 22000 et seq., establishes bidding thresholds for municipalities that have opted into the Act; and WHEREAS, the Act's bidding thresholds are updated every five years after review and recommendation by the Commission; and
WHEREAS, establishment of the dollar limits for the various procedures and processes listed in Atherton Municipal Code Chapter 3.16, relating to Purchasing, including Atherton's ordinances related to the Act located at Atherton Municipal Code section 3.16.240, are to be established by resolution of the City Council on a periodic basis; and WHEREAS, Assembly Bill 2192, effective January 1, 2025, increased the bidding thresholds for municipalities that have opted into the Act following review and recommendation by the Commission; and
WHEREAS, to ensure the Town of Atherton's policies reflect the recent changes in the law, the Town of Atherton desires to adopt this resolution reflecting the increased bidding thresholds established by Assembly Bill 2192.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Atherton, California, hereby elects under Public Contract Code section 22030 to become subject to the uniform public construction cost accounting procedures set forth in the Act and to the Commission's policies and procedures manual and cost accounting review procedures, as they may each from time to time be amended, and directs that the City Clerk notify the State Controller forthwith of this election; and
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE City Council of the Town of Atherton does hereby adopt the following amounts by resolution as described in Atherton Municipal Code section 3.16.240:
1. The dollar limit for contracting public works projects through the force account/open market procedure as set forth in Atherton Municipal Code section 3.16.240(A) is an amount up to seventy five thousand dollars ($75,000).
2. The dollar limit for contracting public works projects through the informal bidding procedure as set forth in Atherton Municipal Code section 3.16.240(B) is an amount greater than seventy five thousand dollars ($75,000) up to and including two hundred twenty thousand dollars ($220,000).
3. The dollar limit for contracting public works projects through the formal bidding procedure as set forth in Atherton Municipal Code section 3.16.240(C) is an amount greater than two hundred twenty thousand dollars ($220,000).
PASSED AND ADOPTED by the City Council of the Town of Atherton on this __ day of __ 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Elizabeth Lewis, Mayor
____________________________
Anthony W. Suber, City Clerk
____________________________
Mona Ebrahimi, City Attorney