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HomeMy WebLinkAbout6726I ORDINANCE NO. 6726 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO THE LIMITED PUBLIC WORKS PROCESS AND AMENDING SECTION 3.12.100 OF THE AUBURN CITY CODE WHEREAS, the Chapter 3.12 of the Auburn City Code sets forth the City's procedures and requirements related to public contracting; and WHEREAS, the Washington State Legislature amended the small works roster contract procedures for limited public works processes during the 2019 legislative session and it is necessary to amend the City Code consistent with the statutory revisions; and WHEREAS, the City finds it is advantageous to make the limited public works process as flexible as would be permitted under state law and to accommodate contracting needs that fall below the level of required competitive bidding; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amending City Code Section. Section 3.12.100 to the Auburn City Code is amended to read as shown in Exhibit A. Section 2. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application of it to any person or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Ordinance No. 6726 June 19, 2019 Page 1 of 2 Rev.2018 Section 4. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: AUG 1 9 2019 PASSED: AUG 1 9 203 AUG 1 9 2019 APPROVED: ANCY US, MAYOR ATTEST: Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: Steven L. Gross, City Attorney y� /� q ^ 1 � / 01 6G{G 1- 1 Published: �U" U -- � Ordinance No. 6726 June 19, 2019 Page 2 of 2 Rev.2018 EXHIBIT A 3.12.100 Limited Public Works Process If the estimated cost of a work, construction, alteration, repair, or improvement project-+s Jest than $35,000, or does not exceed the current statutory limit in RCW 39.04.155(3), the city may award such a contract using the limited public works process provided under RCW 39.04.155(3)., Public works projects awarded under the limited public works process are exempt from the other requirements of the small works process provided under ACC 3.12.090. For limited public works projects, the city shall solicit electronic or written quotations from a minimum of three contractors from the appropriate small works roster and shall award the contract to the lowest responsible bidder, as defined under RCW 39.04.010 and 39.04.350, and ACC 3.12.0150. After an award is made, the quotations shall be open to public inspection and available by electronic request. For limited public works projects, the city may waive the payment and performance bond requirements of Chapter 39.08 RCW and the retainage requirements of Chapter 60.28 RCW, thereby assuming the liability for the contractor's nonpayment of laborers, mechanics, subcontractors, materialmen, suppliers, and taxes, increases, and penalties imposed under RCW Titles 50, 51, and 82 RCW that may be due from the contractor for the limited public works project. However, the city shall have the right of recovery against the contractor for any payments made on the contractor's behalf. The city shall maintain a list of the contractors contacted and the contracts awarded during the previous 24 months under the limited public works process, including the name of the contractor, the contractor's registration number, the amount of the contract, a brief description of the type of work performed, and the date the contract was awarded. (Ord. 6545 § 1, 2014; Ord. 5866 § 1, 2004. Formerly 3.12.036.)