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HomeMy WebLinkAbout21 - Standard Specifications for Public Works ConstructionCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 21 July 14, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Dave Webb 949 - 644 -3328 or dawebb @city.newport- beach.ca.us SUBJECT: ORDINANCE TO PROVIDE THE PUBLIC WORKS DIRECTOR THE AUTHORITY TO ADOPT NEW EDITIONS OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION ISSUE: Should City Council continue the public hearing for the second reading of Ordinance No. 2009 -13 to add Chapter 75 of Title 15 of the Newport Beach Municipal Code to adopt the Standard Specifications for Public Works Construction to the July 28, 2009, City Council rather then hold it at the July 14, 2009 meeting to accommodate the required public notification requirements? RECOMMENDATION: Set a public hearing for the second reading of Ordinance No. 2009 -13 for July 28, 2009 to add Chapter 75 of Title 15 of the Newport Beach Municipal Code and adopt the ordinance. DISSCUSSION: Ordinance No. 2009 -13 will add Chapter 75 of Title 15 of the Newport Beach Municipal Code that will adopt the Standard Specifications for Public Works Construction. This Ordinance was introduced for the first reading at the June 23, 2009 City Council meeting. As part of the approved Council Action, Council also set the public hearing for the second reading to take place at the July 14, 2009 City Council meeting which would allow adequate time for the two consecutive public notices to be published. The City Clerk arranged for the public notices to be published with the Daily Pilot as required, however the Daily Pilot accidently failed to run the second publishing of the public notice. The Daily Pilot has now arranged to re- publish the necessary public notices, but this task will not be completed by the July 14,' 2009, City Council meeting. For this reason staff is requesting to continue this item to the June 28, 2009, City ORDINANCE TO ADOPT STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCITON July 14, 2009 Page 2 Council Meeting. If the ordinance is adopted with a second reading on July 28, 2009, the ordinance will become effective in 30 days after adoption. A copy of the latest adopted Standard Specifications for Public Works Construction will be on file with the Office of City Clerk and will be available for use and examination by the public. Environmental Review: Standard drawings and standard specification are not projects as defined in the California Environmental Quality Act (CEQA) Implementing Guidelines. However, an environmental review and appropriate documentation will be prepared for each project that may utilize these standard drawings or standard specifications. Pr ar d by: Submitted by: Dave Webb dco *Steen G. Badum Deputy Public Works Director /City Engineer Public Works Director Attachment: Proposed Ordinance ORDINANCE NO. 2009-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADDING CHAPTER 75 TO TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION WHEREAS, the City of Newport Beach uses the Standard Specifications for Public Works Construction ( "Greenbook "), as published by BNi Building News as an aid in uniformly administering construction contracts by defining commonly accepted contractual obligations, rules of conduct, material specifications and construction methods for the capital improvement projects; and WHEREAS, City Council desires to authorize the Public Works Director to exercise the authority to adopt said publication as new editions or amendments become available; WHEREAS, a proposed Chapter 15.75 provides the basis to allow the Public Works Director the authority to adopt a new edition of the Greenbook or annual amendments; NOW, THEREFORE, City Council of the City of Newport Beach, Califomia, HEREBY ORDAINS as follows: SECTION 1: Chapter 15.75 of Newport Beach Municipal Code is hereby added to read as follows: Chapter 15.75 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION Sections: 15.75.010 Adoption of Standard Specifications for Public Works Construction 15.75.015 Definitions 15.75.020 Applicability 15.75.025 Special Provisions and Supplemental Publications 15.75.030 Ultimate Responsibility 15.75.035 Future Adoption and Amendments 15.75.010 Adoption of Standard Specifications for Public Works Construction The rules, regulations, provisions, and conditions set forth in that certain publication entitled "Standard Specifications for Public Works Construction ( Greenbook)" including any supplements and amendments thereto, as prepared by the Greenbook Committee of Public Works Standards, is hereby adopted by the City Council as a minimum standard specification regulating materials of construction and their use in the design and construction of public works improvement projects in the City and providing for the administration of contracts, as well as permits issued in connection with such improvements. A copy of the latest adopted Standard Specifications for Public Works Construction is on file with the Office of City Clerk and is available for use and examination by the public. 15.75.015 Definitions As used in this chapter the following words shall have the meaning provided in this section: "Contract" shall mean the written agreement between the City and the contractor covering the work. "Reference Specifications" means those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the contract documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project unless specifically referred to by edition, volume, or date. "Special Provisions" means additions and revisions to the standard specifications setting forth conditions and requirements particular to the work. "Specifications" means standard specification, reference specification, special provision, and specifications in supplemental agreements between the contractor and the City. 15.75.020 Applicability This Chapter shall apply to all Public Works Department capital improvement projects and any other City projects as directed by the Public Works Director. 15.75.025 Special Provisions and Supplemental Publications The Public Works Director may supplement or modify the standard specifications set forth in the publication referred to in this chapter with special provisions, reference specifications, or any other supplemental publications as deemed necessary. When included in specifications for a public works construction project contract, such provisions and /or publications shall have precedence over standard specifications. 15.75.030 Ultimate Responsibility The specifications pursuant to this Chapter are minimum standards. This Chapter shall not create liability on that part of the City, City Council, its officers, agents, servants, attorneys and employees thereof for any damages that result from any person's reliance on this Chapter or any administrative decision lawfully made hereunder. 15.75.035 Future Adoption and Amendments All future enactments, adoptions, amendments, modifications or revisions of the Standard Specifications for Public Works Construction may be adopted at the discretion of the Public Works Director. SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 4: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 23rd day of June, 2009, and adopted on the _ day of , 2009, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS Edward D. Selich, Mayor ATTEST: Leilani I. Brown, City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY David R. Hunt, City Attorney Agenda Item 1121 July 14, 2009 ORDINANCE NO. 2009 -13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADDING CHAPTER 75 TO TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION WHEREAS, the City of Newport Beach uses the Standard Specifications for Public Works Construction ("Greenbook "), as published by BNi Building News as an aid in uniformly administering construction contracts by defining commonly accepted contractual obligations, rules of conduct, material specifications and construction methods for the capital improvement projects, and WHEREAS, City Council desires to authorize the Public Works Director to exercise the authority to adopt said publication as new editions or amendments become available; WHEREAS, a proposed Chapter 15.75 provides the basis to allow the Public Works Director the authority to adopt a new edition of the Greenbook or annual amendments; NOW, THEREFORE, City Council of the City of Newport Beach, California, HEREBY ORDAINS as follows: SECTION 1: Chapter 15.75 of Newport Beach Municipal Code is hereby added to read as follows: Chapter 15.75 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION Sections: 15.75.010 Adoption of Standard Specifications for Public Works Construction 15.75.015 Definitions 15.75.020 Applicability 15.75.025 Special Provisions and Supplemental Publications 15.75.030 Ultimate Responsibility 15.75.035 Future Adoption and Amendments 15.75.010 Adoption of Standard Specifications for Public Works Construction The rules, regulations, provisions, and conditions set forth in that certain publication entitled "Standard Specifications for Public Works Construction ( Greenbook)" including any supplements and amendments thereto, as prepared by the Greenbook Committee of Public Works Standards, is hereby adopted by the City Council as a minimum standard specification regulating materials of construction and their use in the design and construction of public works improvement projects in the City and providing for the administration of contracts, as well as permits issued in connection with such improvements. A copy of the latest adopted Standard Specifications for Public Works Construction is on file with the Office of City Clerk and is available for use and examination by the public. 15.75.015 Definitions As used in this chapter the following words shall have the meaning provided in this section: "Contract" shall mean the written agreement between the City and the contractor covering the work. "Reference Specifications" means those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the contract documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project unless specifically referred to by edition, volume, or date. "Special Provisions" means additions and revisions to the standard specifications setting forth conditions and requirements particular to the work. "Specifications" means standard specification, reference specification, special provision, and specifications in supplemental agreements between the contractor and the City. 15.75.020 Applicability This Chapter shall apply to all Public Works Department capital improvement projects and any other City projects as directed by the Public Works Director. 15.75.025 Special Provisions and Supplemental Publications The Public Works Director may supplement or modify the standard specifications set forth in the publication referred to in this chapter with special provisions, reference specifications, or any other supplemental publications as deemed necessary. When included in specifications for a public works construction project contract, such provisions and /or publications shall have precedence over standard specifications. 15.75.030 Ultimate Responsibility The specifications pursuant to this Chapter are minimum standards. This Chapter shall not create liability on that part of the City, City Council, its officers, agents, servants, attomeys and employees thereof for any damages that result from any person's reliance on this Chapter or any administrative decision lawfully made hereunder. 15.75.035 Future Adoption and Amendments All future enactments, adoptions, amendments, modifications or revisions of the Standard Specifications for Public Works Construction may be adopted at the discretion of the Public Works Director. SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 4: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 23rd day of June, 2009, and adopted on the 28th day of July, 2009, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY 4_Z•� Edward D. Selich, Mayor ATTEST: Leilani I. Brown, City Clerk