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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 Y pp 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 Title 12 Procedures Manual 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; g g g p , 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 Title 12 Procedures Manual 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. Title 12 Procedures Manual 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 Title 12 Procedures Manual 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. Title 12 Procedures Manual 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: ■