HomeMy WebLinkAbout5525 ORDINANCE NO. 5 5 2 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AMENDING CHAPTER 3.10 ENTITLED "PURCHASING
POLICY," BY CREATING NEW SECTION 026 ENTITLED "PUBLIC WORK
PROJECTS-CONTRACT AMENDMENT-CONDITIONS" TO GRANT THE
MAYOR AND HIS/HER DESIGNEES THE AUTHORITY TO
ADMINISTRATIVELY AMEND PUBLIC WORKS PROJECT CONTRACTS AND
CREATING NEW SECTION 050 ENTITLED "EMERGENCY PURCHASES-
AUTHORIZATION" TO GRANT THE MAYOR THE AUTHORITY TO MAKE
EMERGENCY PURCHASES OR ENTER INTO EMERGENCY CONTRACTS.
WHEREAS, Auburn City Council adopted Ordinance No. 5490 on
December 18, 2000, which repealed Auburn City Code Chapter 3.64 entitled
"Purchasing Policy" located in Chapter 3 "Revenue and Finance" of the Auburn
City Code and created Auburn City Code Chapter 3.10 entitled "Purchasing
Policy"; and
WHEREAS, the newly-created Auburn City Code Chapter 3.10 entitled
"Purchasing Policy" does not meet the needs of our City; and
WHEREAS, the City desires to efficiently manage Public Works Project
contracts and meet time sensitive construction issues; and
WHEREAS, the City desires the ability to address emergency situations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Ordinance No. 5525
March 13, 2001
Page 1
Section 1. PURPOSE: The purpose of this ordinance is as follows:
To amend Chapter 3.10 entitled "Purchasing Policy," by adding new
Section 026 entitled "Public Works Projects-Contract Amendment-Conditions"
and new Section 050 entitled "Emergency Purchases - Authorization" to the
Auburn City Code as set forth in Exhibit "A" attached hereto and incorporated
herein by this reference to grant the Mayor and his/her designees the authority
to administratively amend Public Works Project Contracts and to make
emergency purchases.
Section 2. CONSTITUTIONALITY OR INVALIDITY: If any
section, subsection, clause, phrase, or sentence, of this Ordinance, is for any
reason held to be invalid or unconstitutional, such invalidity or
unconstitutionality of the remaining portions of this ordinance, as it is being
hereby expressly declared that this ordinance and each section, subsection,
clause, phrase, or sentence, hereof would have been prepared, proposed,
adopted, and approved and ratified irrespective of the fact that any one or more
section, subsection, clause, phrase, or sentence, be declared invalid or
unconstitutional.
Section 3. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation.
Ordinance No. 5525
March 13, 2001
Page 2
Section 4. This ordinance shall take effect and be in force five (5) days
from and after its passage, approval, and publication, as provided by law.
INTRODUCED: ~qrch 19, 2ool
PASSED: Ma~ch 19, 2001
March 19, 2001
APPROVED:
CHARLES A. BC~OTH
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attomey
PUBLISHED: ,~/Z_. 2-/~/
Ordinance No. 5525
March 13, 2001
Page 3
EXHIBIT "A"
3.10.026 Public Work Projects - Contract Amendment - Conditions.
A. Contracts which have been initially authorized by the City Council may be
amended administratively by the Mayor/designees by change order, letter
of instruction, or other legally appropriate form, up to the total maximum
contract amounts set forth below:
1. Initial contract amount plus up to five percent for contracts originally
authorized for up to one million dollars.
2. Initial contract amount plus up to two and one-half percent or $50,000,
whichever is greater, for contracts originally authorized for between one
million dollars and five million dollars.
3. Initial contract amount plus up to two percent or $125,000, whichever is
greater, for contracts originally authorized for between five million
dollars and ten million dollars.
4. Initial contract amount plus up to one percent or $200,000, whichever is
greater, for contracts originally authorized for over ten million dollars.
B. If available budget contingency remains after the authorized total maximum
contract amount, as defined in Section A, is reached, additional
authorization to increase the total contract amount shall be obtained from
the appropriate City Council committee.
C. No administrative action is authorized, the result of which would be to
amend a contract to increase the authorized total maximum contract
amount, as defined in Section A, beyond funds approved by the City
Council.
3.10.050 Emergency Purchases - Authorization
The Mayor is hereby authorized to make emergency purchases or enter into
emergency contracts, such emergencies being:
A. In case of any breakage or loss of equipment or in other circumstances in
which any necessary service is or is about to be interrupted;
B. In cases where the City will suffer loss by following the normal purchases
and contract procedures;
C. In situations where public health or safety may be jeopardized;
D. In other cases as allowed by State law.
Exhibit "A"
Ordinance No. 5525
Page 1