HomeMy WebLinkAboutR-2011-060 Procedures Manual for Construction of Public Improvement Projects Under Private Contracts Update RESOLUTION NO. R- 2011 -60
A RESOLUTION adopting the updated Procedures Manual for Construction of Public
Improvement Projects Under Private Contracts.
WHEREAS, the City of Yakima (City) is authorized by Title 35 RCW to establish design
and construction standards for public works improvements within the City limits; and
WHEREAS, Section 12.01.050 of the Yakima Municipal Code states that the city
engineer shall establish and maintain a manual describing procedures for the city engineer's
review, permitting and inspection of public improvements constructed by private parties; and
WHEREAS, the city engineer has determined that the Procedures Manual should be
updated to clarify certain issues; and,
WHEREAS, the City Council deems it to be in the best interests 'of the City to update the
Procedures Manual for Construction of Public Improvement Projects Under Private Contracts;
now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The attached, updated Procedures Manual for Construction of Public Improvement
Projects Under Private Contracts is approved, and establishes the methods to be used by
private parties for making public improvement.
ADOPTED BY THE CITY COUNCIL this 19th day of April, 2011.
Micah Cawle , Mayor
ATTEST:
City Clerk
CITY OF YAKIMA:
PROCEDURES MANUAL FOR
CONSTRUCTION OF PUBLIC IMPROVEMENT PROJECTS
UNDER PRIVATE CONTRACTS
INTRODUCTION
The following procedures shall apply to all public improvements financed by
Owner/Developer private contracts. In addition, the following procedures shall apply to
the public improvements within a Subdivision or Planned Development, or other new
development or redevelopment, when required through a permit process. Other
improvements, so designated by the City, may be regarded as "public improvements"
within the context of this procedure. All public improvements shall be constructed by
contractors licensed in the State of Washington to perform the required construction
elements.
Unless otherwise specifically stated, the term "public improvement" shall mean any public
improvement constructed within public right of way, or transferred to the City following
construction, including, but not limited to, sanitary sewer, storm drainage, water,
irrigation, roadway, sidewalk and street lights. The term "City" shall mean the City
Engineer, or his designated representatives; "Owner/Developer" shall mean the actual
Owner or Developer of the proposed development that includes public improvements or
his designated Agent; and, "Consulting Engineer" shall mean an individual or firm,
• licensed to practice Civil Engineering in the State of Washington, who shall have been
retained by the Owner /Developer for the purpose of preparing the detailed plans and
specifications and doing such other engineering work as shall be specifically identified
within the context of these procedures and as approved by the City Engineer.
The improvements for which these procedures shall apply include:
1. Public sanitary sewer interceptors, trunks, collectors and their appurtenances
including portions of the building sewers located within the public rights -of -way or
public easement. The required procedures for private sanitary sewer service laterals
and appurtenances located outside of the . public rights -of -way or public easements
are listed in the plumbing permit.
2. Public storm • drain systems and their appurtenances including open, .natural
drainageway improvements located within the public rights -of -way or public
easements, and infrastructure for private, on site storm drain systems, located
outside the public rights -of -way. Review . and inspection fees to ensure that the
construction stormwater runoff and installed system meet the required stormwater
regulations are not covered by this permit.
3. All public street or roadway facilities and their appurtenances including bridge
drainage • structures, storm drain systems, street lighting, sidewalks, bicycle
facilities, parking areas, as approved on the plans and in the specifications. The
Title 12 Procedures Manual
Update —March 2, 2011 1
required procedures for on site sidewalks, private parking and loading facilities,
private driveways, and other improvements shall be included in the building permit.
4. Public water mains, water systems, irrigation systems and their appurtenances as
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approved on the plans and in the specifications. The required procedures for
private, on -site water systems from the City meter to the building, and for private,
on -site irrigation systems are listed in the plumbing permit. The required
procedures for the irrigation system, from the canal service valve or the diversion
box to the property line, shall be as required by the irrigation company
owner /operator.
PROCEDURES
Step I
The Owner/Developer shall, if other than himself, name and identify the person or persons
who shall be designated to act on his behalf on matters relating to the project. This Agent
may, at the Owner/Developer's discretion and direction, be the Consulting Engineer.
The Owner /Developer shall retain the services of a Consulting Engineer, licensed to
practice Civil Engineering in the State of Washington, who is qualified to perform the
required engineering services to design, and construction stake /survey, as required, of the
proposed public improvements.
If, at any time during the term of the permit, the Owner/Developer p /Developer shall terminate or
reduce the level of the services of the Consulting Engineer or the designated Agent as
specifically identified and accepted by the City, the Owner /Developer shall immediately
notify the City.
The Owner /Developer and his Consulting .Engineer are encouraged to request and
schedule a pre- design conference with the City for the purpose of establishing project
guidelines and requirements, and to identify specific details of the project and review
applicable design standards early in the design. The pre- design conference shall be
scheduled with the City Engineer a minimum of one week prior to the meeting.
The Owner/Developer has the overall responsibility for project management, construction
management, contract administration, permit acquisition and compliance, and, if required,
right -of -way acquisition. Project inspection of public infrastructure shall be performed by
the City. The method used to calculate the inspection fees is described in "Appendix 2:
Permit to Construct Public Improvements ". No construction work shall be started prior to
a Pre - Construction Conference.
Step II
The Owner/Developer shall submit to the City a "Consulting Engineer Retained for
Services" letter (Appendix 3) listing the Consulting Engineer that they have retained to
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Update — March 2, 2011 2
perform engineering services for the public improvements to be included in the project.
As a minimum, the Consulting Engineer's services shall include:
a. Surveying required to prepare detailed engineering design construction plans;
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b. Preparation of detailed plans and specifications;
c. Construction engineering and construction surveying /staking;
d. Preparation of "As -Built Record Drawings ";
e. Providing required certifications;
f. Such other work as may be necessary and applicable to provide a complete
project objective.
Step III
The Consulting Engineer shall prepare legal descriptions for all required permanent rights -
of -way and easements, and submit the descriptions to the City Engineer for review and
approval with the design plans. The Owner/Developer shall obtain and /or provide the
executed documents for all easements and rights -of -way. Copies of the fully executed
documents that have been recorded with the County shall be provided to the City.
The Consulting Engineer shall coordinate with the City's Water /Irrigation Division,
Yakima County, Nob Hill Water Association, and the appropriate irrigation district or
company to determine the best means of providing irrigation to the development. The
110 Consulting Engineer shall also be responsible for notifying, furnishing plans to, and
coordinating the public improvements with all of the private utilities, such as Nob Hill
Water, irrigation districts or companies, electrical, telephone, power, gas, cable TV, etc.
The location of all existing and proposed utilities shall be included on the plans. The City
Engineer will forward copies of the plans to City utilities, when appropriate (Wastewater,
Water, Irrigation).
The Consulting Engineer shall submit plans, specifications and other support data and
information, as required, to the appropriate agency and shall obtain all necessary approvals
and permits, i.e., Department of Ecology and /or Health, WSDOT, Department of Natural
Resources, Corps of Engineers, Clean Air Authority, Washington Department of Fish and
Wildlife or County Utility Permits. Copies of such written approvals or permits shall be
submitted to the City prior to the Pre - Construction Conference.
Step IV
The Consulting Engineer shall prepare, seal and submit to the City four complete sets of
detailed construction plans, profiles, cross sections, support data, design calculations,
project details and project specifications. The minimum scale shall be 1 inch equals 40
feet, as drawn on an 11 "x17" sheet. With the plans, the Consulting Engineer shall submit
an application for a "Permit to Construct Public Improvements" (Appendix 2). At the time
of submittal, a non - refundable fee of $250 or 10% of the calculated review and inspection
• fees, whichever is higher, shall be paid to the City. The City shall review the submitted
plans and specifications, and shall return one reviewed and noted copy indicating the
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Update — March 2, 2011 3
changes, additions, deletions, or modifications that are required to make the plans and
specifications acceptable. When the revised plans, specifications, and other materials are
resubmitted to the City, the City shall review and upon acceptance, approve the revised
plans and specifications. The approved plans must be paid for within 12 months of
submittal. If not within 12 months, plans will need to be resubmitted including all fees. If
construction has not begun within 18 months of plan approval, the plans will need to be
resubmitted and will be subject to any federal, state or local regulation changes. At the
discretion of the City Engineer, an additional charge of 10% of the calculated fee may be
charged for this additional review.
When developments are submitted in different phases, each phase will be treated as a
separate project when determining the review and inspection fees.
Step V
The remainder of the review and inspection fees shall be paid prior to, or at the time of
picking up the approved plans. The following listed items are required prior to
construction of the public improvements:
a. Copies of any required permits;
b. Indemnity Agreement,
c. Certificate of Liability Insurance form and Additional Insured Endorsement
form,
d. The name and license number of the prime contractor and sub - contractors,
with a list of the work elements to be performed by each.
e. Any other documentation as shall be required.
The fees are required to cover plan checking and inspection fees, and such other fees as
may be identified as appropriate for the specific project improvements. The Schedule of
Charges for Engineering and Related Services have been established by the City Council
in Chapter 12.20 of the Yakima Municipal Code.
The Public Liability and Property Damage Insurance shall include, as a minimum, the
insurance coverage as follows:
Public Liability Insurance in an amount not less than $2,000,000 for
injuries, including death, to any one person, and subject to the same
limit for each person in an amount not less than $1,000,000 for each
occurrence, and Property Damage Liability Insurance in an amount not
less than $1,000,000 for damages for each occurrence.
Copies of the "Certificate of Liability Insurance" form and the "Additional
Insured Endorsement" form must be provided to the City. The City of
Yakima, its officers, elected officials, employees, agents, volunteers and
appointed officials shall be listed as additionally insured.
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Update — March 2, 2011 4
While it is not a specific requirement of the permit, the City recommends that the
Owner /Developer include in his contract a requirement that the Contractor furnish him
with a Performance and Payment Bond in an amount equal to 110 percent of the Contract
amount to insure the faithful performance of the Contractor and Contractor's payment of
all bills, liens, or claims. The Performance and Payment Bond shall cover the construction
period through the warranty period. One year Warranty period will begin upon final
acceptance by the City.
Step VI
Following selection of a Contractor and prior to construction, the Consulting Engineer
shall contact the City's Construction Supervisor to request a Pre - Construction Conference.
The City shall endeavor to hold the Pre - Construction Conference within two weeks of the
request. Construction may proceed, per the approved schedule, following the completion
of the Pre - Construction Conference, provided all of the necessary documentation has been
submitted and approved.
It is the responsibility of the Consulting Engineer to ensure that the construction is in
conformance with the approved plans and specifications. The Owner/Developer is
ultimately responsible for the work that is done.
The City of Yakima will assign a qualified, experienced construction inspector to the
project at the owner /developer's expense, the cost of which was covered by the fore -
mentioned inspection fees. The Inspector will inspect the work to insure that all materials
and workmanship meet or exceed the plans and specifications, as approved. The City's
inspection will not relieve the Owner/Developer's liability of all work being performed in
conformance with the approved plans, specifications and permits.
The Owner/Developer shall independently hire and cover all costs associated with quality
assurance sampling and materials testing by a certified testing company, and provide
documentation of the results of the sampling and testing to the City. The requirements for
sampling and testing are contained in the current edition of the WSDOT Standard
Specifications for. Road, Bridge and Municipal Construction.
The Owner/Developer or his assigned Agent shall administer and supervise the
construction and will be readily available to approve design changes, when necessary. The
Contractor shall have a representative with authority on site whenever work is being
performed. Any problems that are encountered or changes required due to construction
conditions will be reviewed with the Consulting Engineer and the owner /developer.
Changes that require any increase or decrease to the contractor's cost will be the
responsibility of the owner /developer and may result in increased City review and
inspection fees.
All construction shall meet the requirements of the most current edition of the WSDOT
Standard Specifications for Road, Bridge, and Municipal Construction, the Department of
• Health Design Manual, the Criteria for Sewage Works Design, the Stormwater
Management Manual for Eastern Washington or an approved stormwater manual for the
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Update — March 2, 2011 5
Yakima area, City Standards, the approved plans, the approved Project Specifications and
other applicable regulations. Special Provisions (project- specific specifications) shall be
prepared and submitted to the City for approval. All changes, alterations or revisions to the
approved plans or specifications shall be submitted for approval by the City Engineer.
The City shall have the authority to cause a suspension of construction when, in the City's
opinion, such work is not being done in conformance with the approved plans,
specifications, regulations or permit. Any resultant delays, impacts or added expenses
shall not be the City's responsibility.
Step VII
Upon written notice that the public improvements have been substantially completed, the
City will, in the company of the Consulting Engineer and /or the Owner /Developer or his
Agent, make a final inspection of the construction. The Owner/Developer shall see that all
necessary additions, corrections, repairs, and /or modifications are made.
Step VIII
At the conclusion of construction and when all corrections and repairs have been made,
the Consulting Engineer shall submit one full reproducible set and an electronic pdf of the
"As Built" Record Drawings along with a Certification of Work Completion and a request
for acceptance by the City. The City's inspector and the Owner /Developer's contractor
will provide the Consulting Engineer with field notes of changes to the approved plans.
No building or service connection to sanitary sewers, storm drains, or water lines will be
permitted until these systems have received final acceptance by the City, or unless
otherwise approved by the City for connections. The connection charges for
Water /Wastewater shall be paid in full prior to final acceptance.
The completion of all public improvements, including submittal of "As -Built Drawings"
shall be required prior to the issuance of a building permit, however, in certain situations,
a building permit may be granted prior to the completion of the public improvements
provided the Owner/Developer submits a bond in the amount of 110% of the value of the
public improvements yet to be completed. All public improvements must be completed
prior to receiving a Certificate of Occupancy.
Step IX
When all public improvements have been completed in an acceptable manner, the City
shall certify its acceptance in writing. Final acceptance by the City shall not relieve the
Owner/Developer's, the Consulting Engineer's, or the Contractor's liability of all work
being performed in conformance with the approved plans, specifications and permit. The
City's letter of acceptance shall specify the effective period of the warranty. The
Owner /Developer shall submit a letter to the City (Appendix 8) transferring ownership of
the public improvements to the City.
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Update — March 2, 2011 6
Alk STANDARD FORMS
Attached hereto are samples of the various forms and letters that apply to the permit
process for public improvements.
• Appendix 1: Public Improvement Procedure Checklist
• Appendix 2: Permit to Construct Public Improvements (City)
• Appendix 3: Consultant Engineer Retained for Services (Owner/Developer)
• Appendix 4: Notice of Substantial Completion (Consulting Engineer)
• Appendix 5: Correction Notice (City).
• Appendix 6: Affidavit of Release of Liens and Claims (Owner/Developer and
Contractor)
• Appendix 7: Final Acceptance (City)
• Appendix 8: Transfer of Ownership (Owner/Developer)
410
Title 12 Procedures Manual .
Update — March 2, 2011, 7
APPENDIX 1
PUBLIC IMPROVEMENT PROCEDURE CHECKLIST
ITEM`` DAT :: ::' INITIALS
• Project Acknowledgment
• Predesign Conference
• Permits
SEPA
Department of Ecology
Shorelines NPDES
Department of Health
WSDOT
Department of Natural Resources
Corps of Engineers
Wetlands
City or County Grading and Filling
Clean Air
• Plan Review .A110
Water
Sewer
Street
Illumination
Drainage
• Permit for Construction
• Preconstruction Conference
• Construction
Material Submittals - Water, Sewer, Storm, Illumination, etc.
Quality Assurance Sampling of Materials
Material Testing Documentation
• Project Close -Out
Notice of Substantial Completion
Final Inspection
Correction Notice
Final Acceptance
As- builts (hard copy and electronic (pdf)
Warranty Inspection
Deeds
Easements
Title 12 Procedures Manual
Update — March 2, 2011 8
•
•
• APPENDIX 2
41110 PERMIT TO CONSTRUCT PUBLIC IMPROVEMENTS
PERMIT NO.
OWNER: •
ADDRESS: PHONE:
ENGINEER/DEVELOPER:
ADDRESS: I PHONE:
LOCATION OF WORK:
DESCRIPTION OF THE WORK:
STARTING DATE: COMPLETION DATE: ESTIMATED CONSTRUCTION COST:
I hereby affirm that the above statements are true, and I agree to comply with all City Ordinances in the conduct of the work
and that all work shall comply with City Specifications.
OWNER: BY:
ESTIMATED FEES •
1. Application Fee: $250 or of Plan Check & Inspection Fee, whichever is greater.
•FIan Check & Inspection Fee:.
(0.07) ($ ) +(0.06) ($ ) +(0.05) ($ . ) = $
The Plan Checking and Inspection Fee shall be computed to cover the cost of inspection as follows: 7
percent for the first $25,000 cost, plus 6 percent for costs from $25,000 and $50,000, and plus 5
percent for all costs over $50,000 (e.g., the fee for a total project cost of $78,000 would be
(0.07)($25, 000)+ (0.06)($25,000) +(0:05)($28,000) = $4,650).
3. TV Camera inspection fee: ( LF of Public Sewer) x Fee' = $
TOTAL FEE =$
CONDITIONS OF APPLICATION APPROVAL DATES •
1. Application Fee
2. Approval of Plans & Specifications
. 3. Payment of Remaining Fees
4. Performance /Payment Bond
5. Public Liability (1,000,000) & Property Damage ($1,000,000)
Insurance certificate with Additional Insured Endorsement.
6. Agency Approval
7. Other
PERMIT APPROVED: DATE:
Disclaimer: Neither the City of Yakima nor the Engineering Department warrants the accuracy or timeliness of any information herein.
111 1
This acceptance is NOT a permit to construct and shall not be construed as such.
See YMC 7.60 for Applicable Fee
Title 12 Procedures Manual
Update — March 2, 2011 9
APPENDIX 3
Date
City of Yakima
Engineering Division
129 No. 2nd Street
Yakima, WA 98901
CONSULTING ENGINEER RETAINED FOR SERVICES - PROJECT:
We have contracted with the Engineering Consulting Firm of
to provide engineering services for
This Public Works Improvement project will consist of
410
OWNER/DEVELOPER
cc: Consulting Engineer
Title 12 Procedures Manual
Update — March 2, 2011 10
APPENDIX 4
Date
City of Yakima
Engineering Division
129 No. 2nd Street
Yakima, WA 98901
NOTICE OF SUBSTANTIAL COMPLETION - PROJECT:
The following listed public improvements have been substantially completed and are ready for
final inspection:
We hereby request that the City conduct its final inspection of these improvements. We will be
happy to accompany the City's representatives on this inspection. Please contact
CONSULTING ENGINEER 0
cc: City of Yakima
Contractors
Owner/Developer
•
Title 12 Procedures Manual
Update — March 2, 2011 11
APPENDIX 5
0
Date
CONSULTING ENGINEER
CORRECTION NOTICE -- PROJECT:
The attached list identifies the changes and/or corrections that are required to complete the public
improvements in accordance with the WSDOT Standards and Specifications as amended by the
Special Provisions. Please notify this office when the correction work is to take place. When the
corrections have been satisfactorily completed, the project will be ready for the finalization and
acceptance process.
cc: City of Yakima
Contractors
Owner /Developer
Title 12 Procedures Manual
Update — March 2, 2011 12
APPENDIX 6
Date
City of Yakima
Engineering Division
129 No. 2nd Street
Yakima, WA 98901
RE: AFFIDAVIT OF RELEASE OF LIENS AND CLAIMS - PROJECT:
, Owner /Developer, and
, Contractor, hereby affirm that they have satisfied all claims of project
including, but not limited to, all payroll amounts due, all Contractor or Subcontractors amounts
due, all accounts for labor, equipment, or materials furnished, and that all claims for incidental
services, liens, judgments, and so forth, or claims arising out of said project work. In the event
that the City is required to take legal action to satisfy any lien or claim relating to the project, the
Owner /Developer and/or the Contractor shall be liable for all costs connected with the clearing
any or all liens or claims.
OWNER/DEVELOPER:
• ' Address:
l
Authorized Official:
Date:
CONTRACTOR:
Address:
' Authorized Official:
Date:
Title 12 Procedures Manual
Update — March 2, 2011 13
APPENDIX 7
Date
OWNER/DEVELOPER
FINAL ACCEPTANCE - PROJECT:
The following listed public improvements have been constructed in accordance with the City's
requirements and are hereby accepted by the City for operation and maintenance:
The one -year warranty period shall commence and shall be Ai
effective through . The City will conduct a warranty
inspection prior to the above date and will notify you of any repairs or corrections that will be
required under the warranty. You will be expected to have the repairs and/or corrections made
immediately. Any required repair or correction identified at any time during the warranty period
shall be made immediately upon notification.
cc: City of Yakima
a. Engineering Division
b. Wastewater Division
c. Water /Irrigation Division
Contractors
Owner /Developer
0
Title 12 Procedures Manual
Update — March 2, 2011 14
APPENDIX 8
Date:
City of Yakima
Engineering Division
129 No. 2nd Street
Yakima, WA 98901
RE: TRANSFER OF OWNERSHIP — Project
, Owner /Developer, hereby transfer ownership of the public
improvements made as part of the above- referenced project to the City of Yakima. The public
improvements include, but are not limited to, paved roadways, curb, gutter and sidewalk, sanitary
sewer main, water main (if applicable), street lights, traffic signals and stormwater system. These
improvements extend from to on
from to on , etc.
OWNER/DEVELOPER:
Address:
Authorized Official:
Date:
•
Title 12 Procedures Manual
Update — March 2, 2011 15
0 BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. ') .2-
For Meeting of: April 19, 2011
ITEM TITLE: Request for Council to A) adopt, by resolution, the proposed update to the
Procedures Manual for Construction of Public Improvement Projects
Under Private Contracts, and to B) enact, by ordinance, the rates to be
charged by the Engineering Division to review and inspect public
improvement projects.
SUBMITTED BY: Joan Davenport, Acting Director of Community & Economic Development
CONTACT PERSON/TELEPHONE: Doug Mayo, P.E., City Engineer – 576 -6678
SUMMARY EXPLANATION:
In response to City Council's 2011 Major Policy Issue titled, "Engineering Review and Inspection
Fee Increase ", the Engineering Division proposes the following:
1. Charge Owners /Developers a portion of the engineering review and inspection fee at the
time of plans submittal.
2. Update the unit bid price worksheet from which the engineering review and inspection fee
111/ is calculated.
Currently a fee is not paid until a developer picks up the p
approved plans. There are times that
p
plans are reviewed and approved by the City, but not picked up by the. developer. In these
instances, the City is not compensated for any review expenses. It is proposed that the
(continued on Page Two)
Resolution XX Ordinance XX Contract Other (Specify)
Funding Source:
APPROVED FOR SUBMITTAL: A0 -
City Manager
STAFF RECOMMENDATION: Staff respectfully requests Council to:
A) Adopt, by resolution, the Procedures Manual for Construction of Public Improvement
Projects Under Private Contracts; and,
B) Enact, by ordinance (YMC 12.20), the timing of collection and rates to be charged by the
Engineering Division for review and inspection fees for public improvement projects
performed by private parties.
BOARD /COMMITTEE /COMMISSION RECOMMENDATION: The Community and Economic
Development Committee on March 2, 2011 requested that this information be presented to the
CWHBA, and then be brought to full Council for approval.
41 , COUNCIL ACTION:
■