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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
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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.)