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HomeMy WebLinkAbout2009-13 - Adding Chapter 75 to Title 15 of the Newport Beach Municipal Code Pertaining to Standard Specifications for Public Works ConstructionORDINANCE 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, 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 28th day of July, 2009, by the following vote, to wit: AYES, COUNCILMEMBERS Hann, Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich NOES, COUNCILMEMBERS Nnnc ABSENT COUNCILMEMBERS None APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY On Attorney D. Selich, Mayor ATTEST- I Leilani 1. Brown, Cily Clerk .- STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2009 -13 was duly and regularly introduced on the 23rd day of June, 2009, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 28th day of July, 2009, and that the same was so passed and adopted by the following vote, to wit: Ayes: Henn, Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 29th day of July, 2009. (Seal) y` I - " P�- City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2009 -13 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: August 4, 2009. In witness whereof, I have hereunto subscribed my name this jj l day of 2009. City &rk City of Newport Beach, California