CHAPTER 7.
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION

Sections:

7-7.01    Adoption of Standard Specifications – Delegation of Authority to Approve Plan or Design of Improvement to Public Property

7-7.02    Amendments

7-7.03    Severability

7-7.04    Violations: Penalties

7-7.01 Adoption of Standard Specifications – Delegation of Authority to Approve Plan or Design of Improvement to Public Property.

(a)    The City Council shall adopt, by separate resolution, standard specifications, which are hereby incorporated by reference and made part of this chapter as though set forth in this chapter in full.

(b)    The City Engineer is hereby granted the exclusive authority to approve and exercise discretionary authority as to the plan or design of a construction of, or an improvement to, public property in advance of the construction or improvement.

(c)    The City Engineer shall affix the following statement, his or her signature, and the date thereof to the plan or design of a construction of, or an improvement to, public property before said plan or design is advertised for public bid, and to any amendment, alteration or change to said plan or design of improvement to public property before said improvement is constructed:

In accordance with Section 7-7.01(b) of Chapter 7 of Title 7 of the Emeryville Municipal Code, as City Engineer for the City of Emeryville, I do hereby exercise the discretion delegated to me and approve the plan or design of a construction of, or an improvement to, public property to which this statement and my signature is affixed. Executed this ____ day of ________, 20 __.

_________________________

[Name], City Engineer

(Sec. 1, Ord. 78-018; Sec. 2, Ord. 14-012, eff. Jan. 15, 2015)

7-7.02 Amendments.

The Council may make changes in either the type and character of materials used or the methods of construction whenever, in the opinion of the Council, the public interest will best be served. Such changes shall be in the form of amendments to said Standard Specifications for Public Works Construction and shall have the force of law.

(Sec. 3, Ord. 78-018)

7-7.03 Severability.

The Council hereby declares that if any section, paragraph, sentence, or word of said Standard Specifications for Public Works Construction is for any reason held to be invalid, the Council would have adopted said Standard Specifications for Public Works Construction and each section, paragraph, sentence, or word thereof irrespective of the fact that any one (1) or more sections, paragraphs, sentences, or words be declared unconstitutional.

(Sec. 2, Ord. 78-018)

7-7.04 Violations: Penalties.

It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter or said Standard Specifications for Public Works Construction. Any person violating any provision of this chapter or said Standard Specifications for Public Works Construction or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and shall be punishable as set forth in Chapter 2 of Title 1.

(Sec. 4, Ord. 78-018)