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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 WHEREAS, Auburn City Council adopted Ordinance No. 5490 on December 18, 2000, which repealed Auburn City Code Chapter 3.64 entitled "Purchasing Policy" located in Chapter 3 "Revenue and Finance" of the Auburn City Code and created Auburn City Code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