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