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Home My WebLink About03 - Specifications for Public Works ConstructionCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 3 June 23. 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Dave Webb 949 - 644 -3328 ordawebb @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 adopt an ordinance amending the City of Newport Beach Municipal Code to provide the Public Works Director the authority to adopt a newer edition of the Standard Specifications for Public Works Construction, or amendments, when updates becomes available? RECOMMENDATION: 1. Introduce Ordinance No. 2009 - to add Chapter 75 of Title 15 of the Newport Beach Municipal Code to adopt the Standard Specifications for Public Works Construction, and pass to second reading on July 28, 2009; and. 2. Set a Public Hearing on July 28, 2009 to add Chapter 75 of Title 15 of the Newport Beach Municipal Code and adopt the ordinance. DISSCUSSION: The Standard Specifications for Public Works Construction, commonly known as the "Greenbook ", was originally published in 1967 and has been in continual use by a large number of Southern California cities as their backbone specification. This document is the joint work of the Southern California Chapters of the American Public Works Association and the Associated General Contractors of California. The intent of the Greenbook is to provide uniformity and common standards for administering Public Works construction contracts by defining commonly accepted contractual obligations, rules of conduct, material specifications and construction methods for the capital improvement projects. ORDINANCE TO ADOPT STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCITON June 23, 2009 Page 2 This publication is a "living" document that is updated every three years to reflect the constantly changing technology, updated construction techniques, and advanced thinking in the construction industry. In the intervening years, annual Greenbook amendments are released. When a new edition of the Greenbook is released, staff reviews any designated changes, additions or deletions, formally requests City Council to approve a resolution to adopt the new edition of the Greenbook and, then adjusts our City specifications template document to incorporate the changes. The last Council- adopted edition of the Greenbook is the 2003 Edition. The 2009 Edition is now the latest available release. As the changes are typically ministerial, technical wording modifications, or changes in construction methods, the proposed ordinance, Chapter 15.75, provides the basis to further streamline the process to stay current with our technical specifications by allowing the Public Works Director the authority to adopt a new edition of the Greenbook or annual amendments. 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. Prepared by: 11 „ / J Submitted by: Dave Webb" Deputy Public Works Director /City Engi Attachment: Proposed Ordinance Badum s Director ORDINANCE NO. 2009- 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 2 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 _ day of 2009, and adopted on the _ day of 2009, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS ALAI ATTEST: CITY CLERK 3