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HomeMy WebLinkAbout17 - Public Works Construction SpecificationsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. /7 July 28, 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: SECOND READING OF ORDINANCE NO. 2009 -13 TO PROVIDE THE PUBLIC WORKS DIRECTOR THE AUTHORITY TO ADOPT NEW EDITIONS OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION ISSUE: Should City Council approve 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? RECOMMENDATION: Based on Council action at the June 23" meeting, staff recommends you conduct a second reading of Ordinance No. 2009 -13 to add Chapter 75 of Title 15 of the Newport Beach Municipal Code and adopt the ordinance. DISSCUSSION: Ordinance No. 2009 -13 adopts the Standard Specifications for Public Works Construction. This Ordinance was introduced for the first reading at the June 23, 2009, City Council meeting. Council set the second reading and public hearing for July 14, 2009, which was then continued to the July 28th Council meeting to allow adequate time for the two consecutive public notices to be published. Environmental Review: This is not a project under CEOA. Funding Availabilitv: No funding is necessary for this item Prepared by: Submitted by: Dave Webb � Stephen G. Badum Deputy Public Works Director/City Engineer Public Works Director Attachment: Proposed Ordinance CITY 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 - 6443328 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 t 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 gar by: Submitted by: Dave Webb *Steen G. Badum Deputy Public Works Director /City Engineer Public Works Director Attachment: Proposed Ordinance f 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 Specikq tions 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 0 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, ATTEST: Leilani I. Brown, City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY David R. Hunt, City Attorney Agenda Item #21 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 15.75.015 15.75.020 15.75.025 15.75.030 15.75.035 Adoption of Standard Specifications for.Public Works Construction Definitions Applicability Special Provisions and Supplemental Publications Ultimate Responsibility 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 (Greenbookr 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 9h any other City' pffij—d s as dirdd%d by the Ftiblic 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 arty 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 i. M 4 ` A► Edward D: Selich, Mayor ATTEST: . .Leitani 1. Brown, City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on: Adoption of an Ordinance by the City Council of the City of Newport Beach, California, adding Chapter 75 to Title 15 of the Newport Beach Municipal Code pertaining to Adoption of the Standard Specifications for Public Works Construction. NOTICE IS HEREBY GIVEN that said public hearing will be held on Tuesday, July 28, 2009, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, at 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to rising only those issued you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3311. Leilani I. Brown City Clerk Authorved to Publish Advemselnenis of all kinds Including public notices by rkcras: of the Superior Court of Change County. California Number A -6210. September 29, 1961, and A 24831 June 11, 1961. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: June 27, 2009 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on June 29, 2009 at Costa Mesa, California. Signat re RECEIVED 20 JUL -2 Ph 0 25 OFFICE OF THE CiiY MW CIfYOG ^'�tVT F? REA!;H wonaanK NOTICE IS NERUy OI9EN that Ilia GAY Council of the City of Newport Beach will hold a public hearing on Adoption of an Ordl- nance by the City Coun- cil of the City of New part Beach. California. adding Chapter 75 l0 Title 15 of the Newport Beach Municipal Code pertaining to Adoption of the Standard Specifications for Public Works Construction 01071(11 Is 11110E11y GIVEN that said public Mannee will be held on 7aasdwy, July U, 00 20, at the hour of 7,00 p in in the Council Chambers of the New puff 300 Beach Newport BOute raid. Newport Beach. California, at which 6me and place any and all persons Interested may appear and be hard thereon. B you chap lenge this pr Olect In court, you m>y. be limited to rising only those issued YOU W someone else raised at the public hearing a• %,.bad in this notice Of in written corre' 1 5pondenct delwared to the City at. . pna to. the public hearing. For information call (949) 644 3711 LailanCl Brown City Clerk Published Newport Beach /Costa Mesa Dailyy 5 00 Pilot June 27. 22003 Authorized 6r Publish Advertisements of all kind% Including public nsmees by Decree of the Superior Clwrt of Change (-'ounty. ('ahfornla Number A 6213. September 29. HMI. and A-23831 June 11, 1963 . PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: July 11, 18, 2009 declare, under penalty of perjury, that the foregoing is true and correct. Executed on July 23, 2009 at Costa Mesa, California. Signatwd k17 1/)' h i RECEIVED 20 JUL 27 M 9? 30 OFFICE OF THE CITY CLERK CffY OF N"- VPORT BE0 �aan�ucNr NOTICE EMas IneRC,ly Newport Beach w II hula a public healing on. Adoption of an Ord- nance by the City Coum cd of the City of New part Beach. California. adding Chapter 75 to Title 15 01 the Newport Beach Municipal Code of the Standard c„a.dmations for Public N0710E IS N""' GIVEN tnet said pub"¢ heann wdl L nt10 On Immerge y. ire T0, 200, at the 'our of 7:00 p_in m the Coun<tl Chambers of the New City 3300 Newport NBoule, vard. Newport Bsacb. eNdorma, at which time and place any and all persons interested may appear and be heard thereon B You chat large this protect m court . you may be limited to rising only, thou issued you or someone else raised at the public hearing de- scribed in this notice or in written cor'a- spondence delivered to the City at, or prim to. the public hearing for intonation call (949) 944.3311 (Wan I. Brawn City CImA Published Newport Beach/Costa Mesa Dad s Pilot July 11. 18.5