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HomeMy WebLinkAboutAgenda Packet_10282019A G E N D A MEETING OF THE CITY COUNCIL Monday,October 28,2019 ~7:00 PM City Council Chambers 211 Eighth Street Seal Beach,California THOMAS MOORE MAYOR Second District SCHELLY SUSTARSIC MAYOR PRO TEM Fourth District JOE KALMICK COUNCIL MEMBER First District MIKE VARIPAPA COUNCIL MEMBER Third District SANDRA MASSA-LAVITT COUNCIL MEMBER Fifth District This Agenda contains a brief general description of each item to be considered.No action or discussion shall be taken on any item not appearing on the agenda,except as otherwise provided by law.Supporting documents,including agenda staff reports,and any public writings distributed by the City to at least a majority of the Council Members regarding any item on this agenda are available for review at City Hall in the City Clerk's Office located at 211 Eighth Street,Seal Beach,California,Monday through Friday,between the hours of 8:00 a.m.and 5:00 p.m.or contact the City Clerk, at (562)431-2527. City Council meetings are broadcast live on Seal Beach TV3 and on the City's website www.sealbeachca.gov).Check the SBTV3 schedule for rebroadcast of —meetings are available on-demand on the website (starting 2012).meeting In compliance with the Americans with Disabilities Act of 1990,if you require disability -related modification or accommodation to attend or participate in this meeting,including auxiliary aids or services,please call the City Clerk' s office at (562)431 -2527 at least 48 hours prior to the meeting. CALL TO ORDER SOUTHEAST COUNTY YOUNG MARINES COLOR GUARD COUNCIL ROLL CALL APPROVAL OF AGENDA &WAIVER OF FULL READING OF RESOLUTIONS ORDINANCES By motion of the City Council this is the time to notify the public of any changes to the agenda and /or rearrange the order of the agenda. PRESENTATIONS /RECOGNITIONS •Red Ribbon Week Proclamation –October 23rd-31st ORAL COMMUNICATIONS At this time members of the public may address the Council regarding any items within the subject matter jurisdiction of the City Council.Pursuant to the Brown Act,the Council cannot discuss or take action on any items not on the agenda unless authorized by law. Matters not on the agenda may,at the Council's discretion,be referred to the City Manager and placed on a future agenda. Those members of the public wishing to speak are asked to come forward to the microphone and state their name for the record.All speakers will be limited to a period of five (5)minutes.Speakers must address their comments only to the Mayor and entire City Council,and not to any individual,member of the staff or audience.Any documents for review should be presented to the City Clerk for distribution. Oral Communications CITY ATTORNEY REPORT Craig A.Steele,City Attorney CITY MANAGER REPORT Jill R.Ingram,City Manager COUNCIL COMMENTS General Council Member comments and reporting pursuant to AB 1234. COUNCIL ITEMS –None CONSENT CALENDAR Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members. A.Approval of the October 14,2019 City Council Minutes -That the City Council approve the minutes of the Closed Session/Regular City Council meeting held on October 14,2019. B.Demands on City Treasury (Fiscal Year 2020)–October 28,2019 -Ratification. C.Monthly Investment Report –September 30,2019 -Receive and file. D.Acceptance of 2019-2020 State Department of Alcoholic Beverage Control –Office of Traffic Safety Grant Monies -That the City Council adopt Resolution 6966:1.Authorizing the City of Seal Beach,through the Seal Beach Police Department,to enter into a contract between the City of Seal Beach and the State of California Department of Alcoholic Beverage Control;and,2.Authorizing the Chief of Police to execute on behalf of the City of Seal Beach all contracts and proposals including any extensions or amendments thereof and any subsequent contract with the State in relation thereto. E.Memorandum of Understanding Between the Los Alamitos Unified School District and the City of Seal Beach Police Department to Grant Access to the Surveillance Camera Recording and Live Feed System at McGaugh Elementary School -That the City Council adopt Resolution 6967 approve the agreement with the Los Alamitos Unified School District to grant the Seal Beach Police Department access to the surveillance camera recording and live feed system at McGaugh Elementary School. F.Award and Authorize a Construction Contract to Garland/DBS,Inc.for the Tennis Center Roof Repair Project -That the City Council adopt Resolution 6968:1.Approve the plans and specifications and contract documents for the Tennis Center Roof Repair Project (‘Project”);and,2.Approving and awarding the construction contract to Garland/DBS,Inc.,in the amount of $361,199 to construct the Tennis Center Roof Repair Project pursuant to the exemption from competitive bidding requirements set forth in Seal Beach Municipal Code Section 3.20.025(D);and,3.Authorizing the City Manager to execute the agreement for construction services to Garland/DBS,Inc.;and,4.Authorizing the City Manager to approve additional work requests in connection with the Project in the cumulative not to exceed amount of $20,000;and,5.Authorizing the City Manager to approve inspection services in connection with the Project in the cumulative not to exceed amount of $5,000;and,6.Approving Budget Amendment BA 20-04-01 allocating $86,199 to the Tennis Center Roof Repair Project. G.Authorize Expenditures with Anser Advisory,LLC for Engineering Services for Pier Base Evaluations (Project CIP BP2001)-That the City Council adopt Resolution 6969 awarding and authorizing the City Manager to approve expenditures in the amount of $38,244 to Anser Advisory,LLC for Professional Services for the Pier Base Evaluations Project (Project CIP BP2001). H.Authorize Expenditures with TAIT &Associates,Inc.,for Engineering Services for Arterial Street Resurfacing Program Project (CIP ST2003) Pursuant to On-Call Professional Services Agreement -That the City Council adopt Resolution 6970 authorizing the City Manager to approve expenditures in the amount of $58,225 to TAIT &Associates,Inc.,for the Arterial Road Resurfacing Program Project (Project CIP ST2003)engineering services. I.Authorize Participation in the Prop 68 Per Capita Program -That the City Council adopt Resolution 6971 authorizing the City Manager to submit the approved resolution to the State for participation in the Proposition 68 Per Capita Program. J.Citywide Street Sweeping Services -That the City Council adopt Resolution 6972:1.Approving and awarding a contract for street sweeping services to CleanStreet,Inc.,in the amount of $523,248 for a three-year term;and,2. Authorizing the City Manager to execute the contract to CleanStreet,Inc.;and, 3.Authorizing the City Manager the option to extend the agreement up to two (2)additional one-year term after its original term;and,4.Approving Budget Amendment BA 20-04-03 allocating $25,000 in additional funds for street sweeping services. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING –None UNFINISHED /CONTINUED BUSINESS –None NEW BUSINESS K.Introduction of an Ordinance of the City of Seal Beach City Council amending the City of Seal Beach Municipal Code by modifying Title 9 Chapter 9.60 Building Code -That the City Council receive the staff report and introduce for the first reading the attached ordinance amending the Seal Beach Municipal Code Chapter 9.60 by repealing Section 9.60.020 California Codes Adopted by Reference and Amended and Section 9.60.040 Pool and Spa Code adopting by reference and amend the California Code of Regulations,Title 24,Part 2 California Building Code,Part 2.5 California Residential Code,Part 3 California Electrical Code,Part 4 California Mechanical Code,Part 5 California Plumbing Code and Part 9 California Fire Code and International Pool and Spa Code,and direct staff to schedule a notice of public hearing prior to the second reading and adoption of the same. ADJOURNMENT Adjourn the City Council in memory of Dr.Anthony J.Sotelo to Tuesday, November 12,2019 at 5:30 p.m.to meet in closed session,if deemed necessary. Agenda Item: A AGENDA STAFF REPORT DATE:October 28, 2019 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Gloria D. Harper , City Clerk SUBJECT:Approval of the October 14, 2019 City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST: That the City Council approve the minutes of the Closed Session/Regular City Council meeting held on October 14, 2019. BACKGROUND AND ANALYSIS: This section does not apply. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: No legal analysis is required for this item. FINANCIAL IMPACT: There is no financial impact for this item. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. Page 2 6 1 5 RECOMMENDATION: That the City Council approve the minutes of the Closed Session/Regular City Council meeting held on October 14, 2019. SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Jill R. Ingram Gloria D. Harper , City Clerk Jill R. Ingram, City Manager Prepared by: Dana Engstrom, Deputy City Clerk ATTACHMENTS: A. Minutes - Closed Session B. Minutes - Regular Session Seal Beach, California October 14, 2019 The City Council met in Closed Session at 5:32 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Moore Council Members: Varipapa, Kalmick, Massa-Lavitt, Sustarsic Absent: None City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Victoria L. Beatley, Director of Finance/City Treasurer Gloria D. Harper, City Clerk ORAL COMMUNICATIONS Mayor Moore opened oral communications. Speakers: None. Mayor Moore then closed oral communications. CLOSED SESSION A. CONFERENCE WITH LABOR NEGOTIATOR Government Code §54957.6 City Negotiator(s): City Manager and Assistant City Manager Employee Organization(s): Executive Management Orange County Employees Association Mid-Management and Confidential Employees Seal Beach Marine Safety Management Association Seal Beach Supervisors and Professionals Association B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Government Code §54956.8 Property: Oil, gas and mineral rights beneath City-owned 10th Street parking lot City Negotiator(s): City Attorney and City Manager Negotiating Party: Beach Oil Minerals, LLC Under Negotiations: Proposed lease price and terms of payment C. CONFERENCE WITH LEGAL COUNSEL – Initiation of Litigation Government Code §54956.9(d)(4) One (1) potential case ADJOURNMENT Mayor Moore adjourned the Closed Session meeting at 6:25 p.m. Gloria D. Harper, City Clerk Approved: Thomas Moore, Mayor Attested: Gloria D. Harper, City Clerk Seal Beach, California October 14, 2019 The City Council met in regular session at 7:00 p.m. in the City Council Chambers. PLEDGE OF ALLEGIANCE Council Member Massa-Lavitt led the Pledge of Allegiance. ROLL CALL Present: Mayor Moore Council Members: Varipapa, Kalmick, Massa-Lavitt, Sustarsic Absent: None City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Chief Joe Miller, Seal Beach Police Department Chief Joe Bailey, Marine Safety/Lifeguard Department Victoria L. Beatley, Director of Finance/City Treasurer Steve Myrter, P.E., Director of Public Works Steven Fowler, Interim Director of Community Development Gloria D. Harper, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES Staff requested to add a presentation by Jason Dadakis, the Executive Director of Water Quality and Technical Resources from the Orange County Water District as a result of the LA Times article published last week. City Clerk Harper read into the record that five (5) communications were received after the posting of the agenda regarding various agenda items that were distributed to City Council and made available to the public. Mayor Pro Tem Sustarsic moved, second by Council Member Massa-Lavitt to approve the agenda. AYES: Varipapa, Kalmick, Massa-Lavitt, Moore, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried PRESENTATIONS / RECOGNITIONS Orange County Water District Update OC Bike Loop Update (OCTA) Gum Grove Park Update (OCFA) Fire Prevention Week – October 6th– 12th Turkey Trot Event Update by Applicant Stever Rapp ORAL COMMUNICATIONS Mayor Moore opened oral communications. Speakers: Dr. Jody Roubanis, Rob Jahncke, Joyce Ross-Parque, Lisa Johnston, Blair Patrini, Jeannette Andruss, and Bruce Bennett. Mayor Moore closed oral communications. CITY ATTORNEY REPORT City Attorney Steele stated that prior to this meeting the City Council met in closed session to discuss the items posted on the agenda. City Council took no reportable action on any item. CITY MANAGER REPORT City Manager Ingram thanked the City Council for their ongoing support in allowing staff to conduct a staff development day on Columbus Day every year. She expressed her gratitude to staff for such a great day and enjoyed the teamwork that was exuded throughout the day. COUNCIL COMMENTS Council Member Varipapa had no comments. Council Member Kalmick commented on how well Staff Development Day was run. He noted how important these events are and the great staff collaboration. He stated that he attended an all-day symposium in Irvine regarding planning and implementing resilient solutions in Coastal California and the science of sea level rise. Additionally, stated that he attended two important meetings hosted by City staff: Surfside Sand Replenishment and the San Gabriel River trash issue. Mayor Pro Tem Sustarsic thanked the Orange County Water District for the water update. She also thanked Jeannette Andruss for the information on the McGaugh Carnival. Additionally, she indicated that she attended the Joint Forces Training Base, “Meet the Pilots and Crews event;” the Seal Beach Community Performing Arts Association performance; the Cypress Women’s Conference; and, the Regional Military Affairs meeting. Council Member Massa-Lavitt indicated she attended the monthly Vector Control Board meeting and expressed the importance of being aware of the contamination of mosquitos. She also indicated that she attended the Orange County Sanitation District meeting and provided an update on the equipment they recently purchased. Mayor Moore responded to a comment made during oral communications regarding water contamination in Los Alamitos. He referred to the Orange Council Water District presentation at the beginning of the meeting that verified that the City’s water is not contaminated. He also indicated that he attended the Edison Park Garden clean-up and thanked staff for coordinating the event. Additionally, he stated that he attended the town hall meeting regarding parking enforcement in Leisure World; an AES Power Plant meeting and arranged a Meet and Greet with AES representatives scheduled for Saturday, October 19, 2019 from 11am-1pm at Edison Park. Mayor Moore thanked staff for a great Staff Development Day; thanked Council Member Sustarsic and Council Member Kalmick for their teamwork at Staff Development Day; and, announced that the City Council team won and received a trophy for completing the Marshmallow Challenge. While David Spitz modeled the Seal Beach Police Department Pink Patch t-shirts, City Manager Ingram mentioned that the shirts were worn by the majority of staff at the Staff Development Day and noted that all proceeds from the purchase of the t-shirts will go to support breast cancer awareness. Additionally, she noted that Senior Community Services Officer Dominic Sarabia designed and promotes the cause annually. COUNCIL ITEMS There were no Council items. CONSENT CALENDAR Mayor Pro Tem Sustarsic moved, second by Council Member Massa-Lavitt, to approve the recommended actions on the consent calendar. A. Approval of the September 23, 2019 City Council Minutes - That the City Council approve the minutes of the Closed Session/Regular City Council meeting held on September 23, 2019. B. Demands on City Treasury (Fiscal Year 2020) – October 14, 2019 - Ratification. C. Quarterly Report of City Manager Authorized Contracts - That the City Council receive and file the report. D. Acceptance of 2019-2020 State of California Board of State and Community Corrections Mental Health Training Grant - That the City Council adopt Resolution 6961: 1. Approving an agreement between the City of Seal Beach and the State of California Board of State and Community Corrections (BSCC) to provide grant funding for the Seal Beach Police Department Detention Center for mental health education; and, 2. Authorizing the Chief of Police to execute on behalf of the City of Seal Beach all contracts and proposals including any extensions or amendments thereof and any subsequent contract with the State in relation thereto. E. Professional Services Agreement with Rabben/Herman Design Office, Ltd. for Main Street Improvements Program - That the City Council adopt Resolution 6962 awarding and authorizing the City Manager to execute a professional services agreement with Rabben/Herman Design Office, Ltd., in the amount of $130,465 for the Main Street Improvements Program. AYES: Varipapa, Kalmick, Massa-Lavitt, Moore, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried ITEMS REMOVED FROM CONSENT CALENDAR No items were removed from the Consent Calendar. PUBLIC HEARING F. Small Wireless Facility and Eligible Facility Permit Application Fee Establishment - That the City Council hold a public hearing and adopt Resolution 6963 amending the FY 2019-2020 Cost Recovery Schedule to include the Wireless Communications Facility fee schedule for small wireless facility and eligible facility permits. City Manager Ingram introduced Public Works Director Steve Myrter who introduced the Deputy Director of Public Works/City Engineer who summarized the information provided in the staff report. Staff answered Council Member questions. Mayor Moore opened the public hearing. Speakers: None. Mayor Moore closed oral communications. Council Member Kalmick moved, second by Varipapa, to hold a public hearing and adopt Resolution 6963 amending the FY 2019-2020 Cost Recovery Schedule to include the Wireless Communications Facility fee schedule for small wireless facility and eligible facility permits. AYES: Varipapa, Kalmick, Massa-Lavitt, Moore, Sustarsic NOES: None ABSENT: None ABSTAIN: None G. Amendment No. 4 to the Agreement with Energy Tubulars, Inc. for Business Financial Assistance - That the City Council hold a public hearing regarding an Amendment to the Economic Development Subsidy between the City of Seal Beach and Energy Tubulars, Inc., which would extend the agreement to October 31, 2024; and after considering all evidence and testimony presented at the hearing, adopt Resolution 6964, approving the Amendment and authorizing and directing the City Manager to execute the Amendment. City Manager Ingram introduced the Director of Finance, Vikki Beatley who summarized the information provided in the staff report. Staff answered Council Member questions. Council Member Kalmick recused himself as he had a previous relationship with the owners of Energy Tubulars. Mayor Moore opened the public hearing. Speakers: None. Mayor Moore closed oral communications. Council Member Massa-Lavitt moved, second by Council Member Varipapa, to hold a public hearing regarding an Amendment to the Economic Development Subsidy between the City of Seal Beach and Energy Tubulars, Inc., which would extend the agreement to October 31, 2024; and after considering all evidence and testimony presented at the hearing, adopt Resolution 6964, approving the Amendment and authorizing and directing the City Manager to execute the Amendment. AYES: Varipapa, Massa-Lavitt, Moore, Sustarsic NOES: None ABSENT: None ABSTAIN: Kalmick UNFINISHED / CONTINUED BUSINESS There were no Unfinished/Continued Business items. NEW BUSINESS There were no New Business items. ADJOURNMENT Mayor Moore adjourned the City Council meeting at 9:02 p.m. to Monday, October 28, 2019 at 5:30 p.m. to meet in closed session, if deemed necessary. ______________________ Gloria D. Harper, City Clerk City of Seal Beach Approved: ___________________________ Thomas Moore, Mayor Attested: ______________________ Gloria D. Harper, City Clerk Agenda Item: D AGENDA STAFF REPORT DATE:October 28, 2019 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Joe Miller, Chief of Police SUBJECT:Acceptance of 2019-2020 State Department of Alcoholic Beverage Control – Office of Traffic Safety Grant Monies ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 6966: 1. Authorizing the City of Seal Beach, through the Seal Beach Police Department, to enter into a contract between the City of Seal Beach and the State of California Department of Alcoholic Beverage Control; and, 2. Authorizing the Chief of Police to execute on behalf of the City of Seal Beach all contracts and proposals including any extensions or amendments thereof and any subsequent contract with the State in relation thereto. BACKGROUND AND ANALYSIS: The Seal Beach Police Department (SBPD) monitors crime and quality of life conditions relative to the 64 State of California Department of Alcoholic Beverage Control (ABC) licensees within the City. For fiscal year 2019-2020, the Police Department applied to ABC for a grant in non-supplanting funds, designed to aid in alcohol license, abuse, and enforcement. We were awarded a grant amount of $19,700. In several years past, the City of Seal Beach has applied for and received grants from the ABC under their Grant Assistance Program (GAP). This current grant is funded by the California State Office of Traffic Safety (OTS) in conjunction with ABC. This grant will focus on alcohol licensee inspections and underage minor decoy operations, to include shoulder tapping of people to buy alcohol for underage minors and similarly physical attempts by minor decoys to purchase alcohol inside establishments. The SBPD evaluated the most recent traffic collision data available for the City of Seal Beach from the California Office of Traffic Safety. This data is from 2016 and 6 1 0 it compares similar sized cities and the resulting traffic collision information where alcohol was involved and the number of victims injured and killed as a result. During this evaluation period it was learned that there were 367 victims killed or injured in the city of Seal Beach as a result of traffic collisions. This ranked us third out of 94 like sized cities. Furthermore, alcohol played a role in 32 of these collisions which ranked us fifth out of 94 liked sized cities. Lastly, the Chief of Police will be authorized to execute on behalf of the City of Seal Beach a contract with the State of California Alcoholic Beverage Control for the stated purposes in the contract and authorize acceptance of the monies. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. FINANCIAL IMPACT: There is no impact to the General Fund. The ABC grant monies will fund this specific enforcement effort as follows: Description Account Revised/Adopted Proposed Budget(diff) Description Account Grant Reimb-ABC 075-473-30975 $ -$19,700 $19,700 Overtime 075-473-40003 $ -$19,000 $19,000 Training & Meetings 075-473-40400 $ -$700 $500 STRATEGIC PLAN: This item is not applicable to the Strategic Plan. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. RECOMMENDATION: 6 1 0 That the City Council adopt Resolution 6966: 1. Authorizing the City of Seal Beach, through the Seal Beach Police Department, to enter into a contract between the City of Seal Beach and the State of California Department of Alcoholic Beverage Control; and, 2. Authorizing the Chief of Police to execute on behalf of the City of Seal Beach all contracts and proposals including any extensions or amendments thereof and any subsequent contract with the State in relation thereto. SUBMITTED BY: NOTED AND APPROVED: Joe Miller Jill R. Ingram Joe Miller, Chief of Police Jill R. Ingram, City Manager Prepared by: Dave Barr, Sergeant ATTACHMENTS: A. Resolution 6966 B. Standard Agreement between the City of Seal Beach and the State of California Department of Alcoholic Beverage Control RESOLUTION 6966 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ACCEPTING CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL GRANT THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves and authorizes the City of Seal Beach, through the Seal Beach Police Department, to enter into a contract between the City of Seal Beach and the State of California Department of Alcoholic Beverage Control (“ABC”) to accept a grant award from ABC in the amount of $19,700. Section 2. The Council hereby authorizes the Chief of Police to execute on behalf of the City of Seal Beach all contracts and proposals including any extensions or amendments thereof and any subsequent contract with the State in relation thereto. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of October, 2019 by the following vote: AYES: Council Members: ________________________________________ NOES: Council Members: ________________________________________ ABSENT: Council Members: ________________________________________ ABSTAIN: Council Members: ________________________________________ Thomas Moore, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 6966 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of October, 2019. Gloria D. Harper, City Clerk Agreement Number: 20-OTS-16 City of Seal Beach through the Seal Beach Police Department Page 1 of 3 EXHIBIT A SCOPE OF WORK I. PROJECT REPRESENTATIVES The project representatives during the term of this agreement will be: Seal Beach Police Department David Barr 911 Seal Beach Blvd. Seal Beach, CA 90740 (562) 799-4100 x1117 dbarr@sealbeachca.gov Department of Alcoholic Beverage Control Brandon Shotwell, Supervising Agent 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 (916) 928-7954 Brandon.Shotwell@abc.ca.gov Direct all inquiries to: Same as above Department of Alcoholic Beverage Control Diana Fouts-Guter, Grant Coordinator 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 (916) 928-9807 II. SCOPE OF WORK • Contractor agrees to implement the Department of Alcoholic Beverage Control (ABC) Minor Decoy, Shoulder Tap Programs and conduct Informed Merchants Preventing Alcohol -Related Crime Tendencies (IMPACT) Inspections. These Programs target both ABC licensed premises and individuals who furnish alcoholic beverages to the underage operators. The project is targeted to reduce underage drinking and the resultant DUI driving injuries and fatalities, and/or property damages, reduce youth access to alcoholic beverages through the educatio n of licensee, enforcement intervention and the impressions of omnipresence of law enforcement. In addition, Contractor agrees to the following goals: o The operation period of the grant is October 1, 2019 through August 31, 2020. o Contractor agrees to raise public awareness that selling, serving and/or furnishing alcoholic beverages to individuals under twenty-one years old is a criminal violation that will be prosecuted by local city and district attorneys. o Minor Deco y operations are designed to educate and deter licensed locations from selling/furnishing alcohol to minors. Contractor agrees to conduct Minor Decoy Opera tions at both “On-Sale” and “Off-Sale” licensed establishments within the operation period of the grant. Agreement Number: 20-OTS-16 City of Seal Beach through the Seal Beach Police Department Page 2 of 3 o Shoulder Tap operations are used to detect and deter adult furnishers outside of a licensed business. Contractor agrees to conduct Shoulder Tap Operations at “Off-Sale” licensed locations to apprehend adults that are unaffiliated with the licensed busi nesses and who are purchasing alcohol for minors outside of the stores within the operation period of the grant. o Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) primary goal is to educate licensee’s on alcohol related laws to help reduce alcohol-related crime in and around licensed premises. Contractor agrees to conduct visits and inspections of licensed premises identifying areas of non-compliance at “On-Sale” and “Off-Sale” licensed locations within the operation period of the grant. o Contractor agrees to establish and implement a coordinated effort between Contractor and ABC, and acknowledges no operations will be conducted until after the Contractor’s representative has completed training conducted by ABC. o Contractor agrees to issue pre ss releases as follows: 1. To announce the start of the program; 2. At the conclusion of each Minor Decoy Operation has been held (to announce the number of licensed premises who sold to the minor decoy) 3. At the conclusion of each Shoulder Tap Operation has been held (to announ ce the number of adults arrested for purcha sing alcoholic beverages for the decoy). o Contractor will fax (916) 419-2599 or email each press release to the Department’s Public Information Officer (John.carr@abc.ca.gov) as soon as it is released. o Contractor agrees in all press releases, in addition to any credits the agency wishes to give, will include the following statement: “This project is part of the Department of Alcoholic Beverage Control’s Minor Decoy/Shoulder Tap Grant Project, funded by the Califo rnia Office of Traffic Safety through the National Highway Traffic Safety Administration. o Contractor agrees to complete and submit bi-monthly reports, on a format designed by the Department of Alcoholic Bevera ge Control due no later than 15 days after operations conducted: On or before January 15, 2020 (with results of operations October, November & December 2019) On or before March 16, 2020 (with results of operations January & February 2020) On or before May 15, 2020 (with results of operations March & April 2020) On or before July 15, 20 20 (with results of operations May & June 2020) On or before September 15, 2020 (with results of operations July & August 2020) o Contractor agrees to submit an Executive Summary as part of the final report due on or before September 15, 2020. The summary shall contain the following: 1. An evaluation statement concerning the end product and cost benefits; and a listing of recommended and/or adopted policy or procedure cha nges, if any, occurring as a result of the project. 2. Project personnel identifying the key personnel who worked on the project, together with their job classification, and a brief description of their contribution. 3. Problems – describe any operational or cost problems that were encountered in project implementation. If known, state alternative methods that would have avoided the problem and increased the effectiveness of the project. Agreement Number: 20-OTS-16 City of Seal Beach through the Seal Beach Police Department Page 3 of 3 4. Results – describe the results of the project in terms of meeting the original objectives as stated in the project agreement. Also, describe the results in terms of how they will be specifically applied for future improvement of the agency’s continuing activities relating to alcohol problem prevention and enforcement. W here possible, describe estimated savings resulting from implementing project results. 5. Disclaimer – The final report shall include the following: “The opinions, findings, and conclusions expressed in this publication are those of the authors and not necessari ly those of the State of California, Business, Consumer Services and Housing Agency, or the Department of Alcoholic Beverage Control.” 6. Documentation – Attach any relevant documents developed. Examples are: new or revised forms, diagrams, management reports, photos, coding manuals, instructional manuals, etc. Agreement Number: 20-OTS-16 City of Seal Beach through the Seal Beach Police Department Page 1 of 2 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS I. INVOICING AND PAYMENT • For services satisfactorily rendered and upon receipt and approval of the invoice, the Department of Alcoholic Beverage Control agrees to pay a bi-monthly payment of approved reimbursable costs per the Budget Detail of personnel overtime and benefits (actual cost) and/or allowable costs associated with the initial training . • Invoices shall clearly reference this contract number (20-OTS-16) and must not exceed the contract total authorized amount of $19,700.00. Invoices are to be submitted on a bi-monthly basis, on the prescribed form designed by the Department of Alcoholic Beverage Control . o First claim will be due on or before January 15, 2020 (for operations conducted in October, November and December 2019). o Second claim due on or before March 16, 2020 (for operations conducted January and February 2020). o Third claim due on or before May 15, 2020 (for operations conducted March and April 2020). o Fourth claim due on or before July 15, 2020 (for operations conducted May and June 2020). o Final claim due on or before September 15, 2020 (for operations conducted July and August 2020). Submit to: Department of Alcoholic Beverage Control Attn: Kristine Okino, Grants Fiscal Analyst 3927 Lennane Drive, Suite 100 Sacramento, California 95834 • Travel costs for mandatory training will be reimbursed at the State rate. Travel costs should be reported in the first claim. • Payment shall be made in arrears within 30 days from the receipt of an undisputed invoice. • Contractor understands in order to be eligible for reimbursement; cost must be incurred on or after the effective date of the project, October 1, 2019 and on or before the project termination date, August 31, 2020. • Contractor understands any other costs in curred by Contractor, other than attendance at initial training and/or personnel overtime and benefits as authorized above, in the performance of this agreement are the sole responsibility of Contractor. II. BUDGET CONTINGENCY CLAUSE • It is mutually agreed that if the Budget Act of the current year and/or any subsequent years co vered under this Agreement does not appropr iate sufficient funds for the p rogram, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. Agreement Number: 20-OTS-16 City of Seal Beach through the Seal Beach Police Department Page 2 of 2 • If funding for any fiscal year is reduced or deleted by the B udget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount. III. PROMPT PAYMENT CLAUSE • Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. Agreement Number: 20-OTS-16 City of Seal Beach through the Seal Beach Police Department Page 1 of 1 EXHIBIT D SPECIAL TERMS AND CONDITIONS 1. Disputes: An y disputes concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce his decision in writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Department shall be final and conclusive unless, within 30 da ys from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the State a written appeal addressed to the Director of the Department of Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the State. 2. Cancellation/Termination: This agreement may be cancelled or terminated without cause by either party by giving thirty (30) calendar days advance written notice to the other party. Such notification shall state the effective date of termination or cancellation and include any final performance and/or payment/invoicing instructions/requirements. No penalty shall accrue to either party because of contract termination. 3. Contractor Certifications: By signing this agreement, Contractor certifies compliance with the provisions of CCC 04/2017, Standard Contractor Certification Clauses. This document may be viewed at: https://www.dgs.ca.gov/OLS/Resources/Page -Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language 4. If the State determines that the grant project is not achieving its goals and objectives on schedule, funding may be reduced by the State to reflect this lower level of project activity. Agenda Item: E AGENDA STAFF REPORT DATE:October 28, 2019 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Joe Miller, Chief of Police SUBJECT:Memorandum of Understanding Between the Los Alamitos Unified School District and the City of Seal Beach Police Department to Grant Access to the Surveillance Camera Recording and Live Feed System at McGaugh Elementary School ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 6967 approving an agreement with the Los Alamitos Unified School District to grant the Seal Beach Police Department access to the surveillance camera recording and live feed system at McGaugh Elementary School. BACKGROUND AND ANALYSIS: During the 2018-2019 school year, the Los Alamitos Unified School District (LAUSD) installed video surveillance cameras (“cameras”) at McGaugh Elementary School. These surveillance cameras were installed to increase security and can be accessed on-site or remotely from various locations. The cameras operate on a continual 24-hour, seven days a week (“24/7”) basis. The live feed from the cameras is also recorded and can be accessed for review in order to determine whether a particular incident was captured on video. If an incident of interest occurs at McGaugh Elementary School, such as an ongoing crime, the Seal Beach Police Department (SBPD) may access the camera footage in order to assist with an appropriate law enforcement response, if necessary. In addition, SBPD may review camera footage in order to determine whether an incident, such as a crime that was previously committed, was recorded in order to assist with its investigation efforts. Approving this agreement between the LAUSD and the City of Seal Beach, the City Council is agreeing to the above, as summarized in this staff report. 6 1 6 ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. FINANCIAL IMPACT: There is no financial impact for this item. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. RECOMMENDATION: That the City Council adopt Resolution 6967 approving an agreement with the Los Alamitos Unified School District to grant the Seal Beach Police Department access to the surveillance camera recording and live feed system at McGaugh Elementary School. SUBMITTED BY: NOTED AND APPROVED: Joe Miller Jill R. Ingram Joe Miller, Chief of Police Jill R. Ingram, City Manager Prepared by: Philip Gonshak, Operations Bureau Commander ATTACHMENTS: A. Resolution 6967 B. Los Alamitos Unified School District and Seal Beach Police Department Memorandum of Understanding RESOLUTION 6967 A RESOLUTION OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE LOS ALAMITOS UNIFIED SCHOOL DISTRICT AND THE CITY OF SEAL BEACH POLICE DEPARTMENT TO GRANT ACCESS TO THE SURVEILLANCE CAMERA RECORDING AND LIVE FEED SYSTEM AT MCGAUGH ELEMENTARY SCHOOL THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: WHEREAS, the Los Alamitos Unified School District is the owner and/or operator of McGaugh Elementary School located within the boundaries of the City of Seal Beach and more particularly described and depicted by this reference (“Facilities”); and, WHEREAS, during the 2018-2019 school year, the District installed video surveillance cameras (“cameras”) at McGaugh Elementary School; and, WHEREAS, District and City seek to ensure that the Seal Beach Police Department (“SBPD”) has remote, off-site access to the McGaugh cameras on a 24/7 basis in the event an incident of interest occurs; and, WHEREAS, the purpose of this MOU is to memorialize the understanding between the City and District regarding the rights and liabilities of the parties in regard(s) to video camera recording access, live feed monitoring, and responses thereto, if any. Now, therefore, be it resolved that: The City of Seal Beach enters into an agreement with the Los Alamitos Unified School District (LAUSD) to: Section 1. Grant the Seal Beach Police Department access to the surveillance camera recording and live feed system at McGaugh Elementary School PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of October, 2019 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Thomas Moore, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 6967 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of October, 2019. Gloria D. Harper, City Clerk MEMORANDUM OF UNDERSTANDING BETWEEN THE LOS ALAMITOS UNIFIED SCHOOL DISTRICT AND THE CITY OF SEAL BEACH POLICE DEPARTMENT TO GRANT ACCESS TO THE SURVEILLANCE CAMERA RECORDING AND LIVE FEED SYSTEM AT MCGAUGH ELEMENTARY SCHOOL THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is made and becomes effective this _____ day of __________, 2019 by and between the CITY OF SEAL BEACH (“City”), and the Los Alamitos Unified School District (“District”). The City and District are at times referred herein individually as a “Party” and collectively as “Parties.” RECITALS The Parties enter into this MOU on the basis of the following facts, understanding, and intentions: A.District is the owner and/or operator of McGaugh Elementary School located within the boundaries of the City and more particularly described and depicted in Exhibit A, attached hereto and incorporated by this reference (“Facilities”). B.During the 2018-2019 school year, the District installed video surveillance cameras (“cameras”) at McGaugh Elementary School. This MOU shall apply to all cameras currently installed and future camera installations at McGaugh Elementary School. Said cameras were installed to increase security and can be accessed on-site or remotely from various locations. The cameras operate on a continual 24-hour, seven days a week (“24/7”) basis. The live feed from the cameras is also recorded and can be accessed for review in order to determine whether a particular incident was captured on video. C.District and City seek to ensure that the Seal Beach Police Department (“SBPD”) has remote, off-site access to the McGaugh cameras on a 24/7 basis in the event an incident of interest occurs. D.The purpose of this MOU is to memorialize the understanding between the City and District regarding the rights and liabilities of the Parties in regard to video camera recording access, live feed monitoring, and responses thereto, if any. NOW, THEREFORE, and in consideration of the mutual covenants contained herein, the parties mutually agree to the following. SECTION 1. INCORPORATION OF RECITALS The Recitals set forth above are incorporated herein by reference as if full restated. SECTION 2. CITY’S COVENANTS A.SBPD Access to District Cameras; Limited Responsibility. If an incident of interest occurs at McGaugh Elementary School, such as an ongoing crime, SBPD may access the camera footage in order to assist with an appropriate law enforcement response, if necessary. In addition, SBPD may review camera footage in order to determine whether an incident such as a crime that was previously committed, was recorded in order to assist its investigation efforts. Review of such footage does not guarantee the capture of any suspects or the prevention of any future incidents. The City and SBPD hereby acknowledge that the camera footage provided by the District may include footage or information related to, or featuring, students, staff, or other confidential information that is protected from public disclosure pursuant to various laws and/or policies. Thus, the City and SBPD shall not release any camera footage or other information obtained pursuant to the Agreement (the “Acquired Information”) to the public or any person without the prior written permission of the District, except as required by applicable law or court order, or to other law enforcement agencies in furtherance of an ongoing criminal investigation. If the City and/or SBPD is required to release any Acquired Information as set forth in the preceding sentence, the City and/or SBPD shall immediately notify the District in writing by providing a descrption of the Acquired INofmraiotn to be released and the reasons for the release. Upon request by the District, the City and/or SBPD shall meet with the District in good faith to address any privacy concerns that District may have about the release of the Acquired Information. Due to staff availability, budgeting considerations, circumstances which require SBPD to prioritize staff assignments, and other events outside the City’s control, the Parties understand that SBPD will endeavor to review the feed from the cameras when necessary to assist in the capture of a suspect, or in an investigation, but shall not be required to conduct such review. SBPD shall not be required to monitor the live video feed at any time but may choose to do so. In the event the District requests SBPD to review specific footage but SBPD is unable to do so for any reason, SBPD shall notify the District immediately in writing and provide all reasonable assistance to help the District address its concerns. In the event an incident occurs and the incident is captured by District cameras, neither the City nor SBPD shall be responsible for failing to notice the incident on either the live feed cameras or prior recordings. Additionally, neither the City nor SBPD shall be responsible for any crimes or other incidents recorded on camera, and they are not responsible for ensuring the prevention of any crimes, damage, harm, or incidents or capture of any suspects recorded on camera. SECTION 3. DISTRICT COVENANTS A.District Authority to Grant Camera Access to SBPD. SBPD is not required to notify District of the dates and times during which SBPD utilizes the remote access to video camera live feeds or recordings granted by the District, if any. SBPD shall contact District or a representative thereof in order to obtain a copy of a captured image or recording from the video cameras. Upon request, SBPD shall provide a report to the District describing its review and use of any information received by SBPD through the cameras pursuant to this Agreement, except when SBPD deems confidentiality is reasonably necessary to protect a confidential source of information, or to facilitate an ongoing criminal investigation. District, at its sole discretion, may remove, relocate or add security cameras at the McGaugh Elementary School. SECTION 4. THIRD PARTY LEGAL ACTION A.Indemnification of City. District shall defend, indemnify, and hold harmless SBPD and the City and its agents, officers, and employees from and against any claim, action, or proceeding arising out of or relating the District’s actions or omissions pursuant to this MOU or any of the actions, omissions, duties, or covenants performed by District staff and employees pursuant thereto, except to the extent caused by the negligent act or omission of the City or SBPD. This defense and indemnification shall include the payment of all costs incurred on behalf of the SBPD or the City in connection with the claim, action, or proceeding (including but not limited to the City and SBPD’s attorney’s fees and costs as well as any attorneys’ fees and costs awarded to a successful plaintiff) and the defense of any claim, action or proceeding challenging the MOU or any of the District’s actions, omissions, duties, or covenants performed pursuant thereto with counsel approved by City and SBPD, which approval shall not be unreasonably withheld. The City and SBPD shall promptly notify District of any claim, action, or proceeding and will cooperate fully in the defense. B.Indemnification of District. City shall defend, indemnify, and hold harmless District and its agents, officers, and employees from and against any claim, action, or proceeding arising out of or relating to the City’s or SBPD’s actions or omissions pursuant this MOU or any of the actions, omissions, duties, or covenants performed by the staff or employees of the City or SBPD pursuant thereto, except to the extent caused by the negligent act or omission of the District. This defense and indemnification shall include the payment of all costs incurred on behalf of the District in connection with the claim, action or proceeding (including but not limited to the District’s attorneys’ fees and costs as well as any attorneys’ fees and costs awarded to a successful plaintiff) and the defense of any claim, action or proceeding challenging the MOU or any of the City’s or SBPD’s actions, omissions, duties, or covenants performed pursuant thereto with counsel approved by District, which approval shall not be unreasonably withheld. The District shall promptly notify City of any claim, action, or proceeding and will cooperate fully in the defense. SECTION 5. INITIAL TERM AND RENEWAL The initial term for this MOU is for one year beginning on the date on which this MOU was signed: __________ _____, 2019. This MOU shall automatically renew for an additional one-year term at the end of the initial term, and shall renew for additional one-year terms each thereafter, unless and until a notice of termination is timely provided pursuant to Section 6. SECTION 6. TERMINATION In order to terminate this MOU, a Party must provide the other Party a thirty (30) day advance written notice of termination, signed by an authorized representative of the Party seeking termination and sent to the addresses in Section 7 herein. Subject to the notice requirement in this Section 6, the Parties may terminate this MOU at any time and for any reason or no reason. SECTION 7. NOTICES Any notice, request, approval, or communication to be provided under this MOU shall be in writing and provided by personal service or a form of express mail or service and addressed to: If to City: If to District: Attention: Chief of Police Attention: Superintendent City of Seal Beach Los Alamitos Unified School District 911 Seal Beach Blvd. 10293 Bloomfield St. Seal Beach, CA 90740 Los Alamitos, CA 90720 Any entity listed above may change its address for receipt of notices, requests, approvals or other communications by providing written notice of the same and new mailing service address to the other entities listed above. SECTION 8. SEVERABILITY In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this MOU shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or section of this MOU which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. SECTION 9. AUTHORITY TO EXECUTE District and City warrants and represents that (i) it is duly organized and existing, (ii) it is duly authorized to execute and deliver the MOU, (iii) by so executing this MOU, District and City are is formally bound to the provisions of this MOU, (iv) District and City’s entering into and performance of its obligations set forth in this MOU does not violate any provision of any other agreement to which District and City are is bound, and (v) there is no exiting or threatened litigation or legal proceeding of which District and City are is aware which could prevent District and/or City from entering into or performing its obligations set forth in this MOU. SECTION 10. ENTIRE AGREEMENT This MOU represents the entire integrated agreement between the parties as to its subject. No other promise, agreement or amendment regarding the subject of this MOU shall be valid without a written amendment duly approved and executed by the parties. SECTION 11. COUNTERPARTS This MOU may be executed simultaneously or in counterparts, each of which shall be deemed original, but all of which together shall constitute one and the same MOU. [SIGNTURES ON NEXT PAGE] IN WITNESS WHERE OF, the Parties have entered into this MOU as of the date first written above. CITY OF SEAL BEACH By: ________________________________ Name: _____________________________ Title: ______________________________ ATTEST: __________________________________ Gloria Harper, CMC, City Clerk APPROVED AS TO FORM: ____________________________________ Craig A. Steele, City Attorney LOS ALAMITOS UNIFIED SCHOOL DISTRICT By: ______________________________________ Name: ____________________________________ Title: ____________________________________ Board Approved on: _________________________ Agenda Item: F AGENDA STAFF REPORT DATE:October 28, 2019 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Steve Myrter, P.E. , Public Works Director SUBJECT:Award and Authorize a Construction Contract to Garland/DBS, Inc. for the Tennis Center Roof Repair Project ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 6968: 1. Approving the plans and specifications and contract documents for the Tennis Center Roof Repair Project (“Project”); and 2. Approving and awarding the construction contract to Garland/DBS, Inc. in the amount of $361,199 to construct the Tennis Center Roof Repair Project pursuant to the exemption from competitive bidding requirements set forth in Seal Beach Municipal Code Section 3.20.025(D), and rejecting all other bids; and, 3. Authorizing the City Manager to execute the agreement for construction services to Garland/DBS, Inc.; and, 4. Authorizing the City Manager to approve additional work requests in connection with the Project in the cumulative not to exceed amount of $20,000; and, 5. Authorizing the City Manager to approve inspection services in connection with the Project in the cumulative not-to-exceed amount of $5,000; and 6. Approving Budget Amendment BA 20-04-01 allocating $86,199 to the Tennis Center Roof Repair Project. BACKGROUND AND ANALYSIS: As part of the Citywide Facility Condition Assessment, dated October 2011, the Tennis Center buildings original 1970’s roofs were identified to be in poor condition resulting in interior water damage. Accordingly, staff solicited for a roof repair cost proposal utilizing OMNIA Partners (formerly known as US Communities and 6 0 5 National IPA) – Participation #50000154, as permitted by City of Seal Beach Municipal Code Section 3.20.025(d), which provides for an exemption from the City’s competitive bidding requirements for purchases made in cooperation with the state, the county or another government entity for the purpose of obtaining a lower price upon the same terms, conditions and specifications. Prices are under this cooperative purchasing program are competitively solicited and provides the best overall government pricing. On August 14, 2019, bids were competitively solicited by OMNIA to obtain the best overall government pricing, and three (3) bids were received. On September 9 2019, the City received a responsible and responsive bid from Garland/DBS, Inc. (Garland) through OMNIA in the amount of $361,199. The cost proposal is based on a complete roofing tile replacement, which is a substantial scope increase compared to a roof repair, resulting in a higher than cost than budgeted. A new roofing tile system is recommended for the following reasons: 1. The existing roofing tiles have surpassed its warranty. A new asphalt- shingle system would provide a new 50-year warranty that will safeguard the Tennis Center buildings from additional water intrusion. 2. A component of the existing roofing tiles is not in serviceable condition. Given the material type, it will be more cost effective to replace all the roof tiles from a long-term maintenance perspective. 3. The new system will provide additional roof drains that will divert water to the appropriate drainage areas. Based on Garland’s references, qualifications, and previous work experience with the City, staff recommends awarding a construction contract to Garland for the Tennis Center Roof Repair Project. Staff further recommends authorizing the City Manager to approve additional work requests up to $20,000 and inspection services up to $5,000. ENVIRONMENTAL IMPACT: This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (d). LEGAL ANALYSIS: The City Attorney has reviewed the agreement and approved the resolution as to form. FINANCIAL IMPACT: The FY2019-20 Capital Improvement Program budget currently allocates $300,000 for Tennis Center Roof Repair. Budget Amendment BA 20-04-01 in the amount of $86,119 is recommended for approval to provide sufficient project 6 0 5 funding. The table below presents the estimated breakdown of the Project cost: Description Amount Construction $ 361,199 Contingency $ 20,000 Inspection $ 5,000 Total $ 386,199 The tables below present the funding source breakdown: Account Amount BG1901 $300,000 BA 20-04-01 $86,199 Total $386,199 Description Account Revised/Adopted Budget Proposed Budget Budget (diff) Amendment Transfer Out 001-080-47000 $ 3,330,500 $ 3,416,700 $ 86,200 Transfer In 045-000-31500 $ 7,060,200 $ 7,146,400 $ 86,200 Contract Professional 045-333-44000 $ 7,060,200 $ 7,146,400 $ 86,200 Unused funds will be returned back to the original funding sources. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. RECOMMENDATION: That the City Council adopt Resolution 6968: 1. Approving the plans and specifications and contract documents for the Tennis Center Roof Repair Project (“Project”); and 2. Approving and awarding the construction contract to Garland/DBS, Inc. in the amount of $361,199 to construct the Tennis Center Roof Repair Project pursuant to the exemption from competitive bidding requirements set forth 6 0 5 in Seal Beach Municipal Code Section 3.20.025(d), and rejecting all other bids; and, 3. Authorizing the City Manager to execute the agreement for construction services with Garland/DBS, Inc.; and, 4. Authorizing the City Manager to approve additional work requests in connection with the Project in the cumulative not-to-exceed amount of $20,000; and 5. Authorizing the City Manager to approve inspection services in connection with the Project in the cumulative not-to-exceed amount of $5,000; and, 6. Approving Budget Amendment BA 20-04-01 allocating $86,199 to the Tennis Center Roof Repair Project. SUBMITTED BY: NOTED AND APPROVED: Steve Myrter Jill R. Ingram Steve Myrter, P.E. , Public Works Director Jill R. Ingram, City Manager Prepared by: Denice Bailey, Assistant Engineer ATTACHMENTS: A. Resolution 6968 B. Construction Agreement RESOLUTION 6968 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR CONSTRUCTION SERVICES WITH GARLAND/DBS, INC. FOR THE TENNIS CENTER ROOF REPAIR PROJECT WHEREAS, as part of the Citywide Facility Condition Assessment, dated October 2011, the City of Seal Beach (“City”) identified the need for roof tile and fascia repairs for the Tennis Center buildings (“Project”); and WHEREAS, the City solicited for cost proposals for the Project utilizing the Omnia Partners cooperative purchasing program (formally known as National IPA and U.S. Communities), pursuant to the exemption from competitive bidding requirements as permitted by City of Seal Beach Municipal Code Section 3.20.025(D); and WHEREAS, the City received a responsible and responsive bid from Garland/DBS, Inc., in the amount of $361,199 for the Project pursuant to the Omnia Partners cooperative purchasing program; and WHEREAS, Garland/DBS, Inc. is a qualified firm to perform the Project. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves the plans and specifications and contract documents for the Project. Section 2. The City Council hereby approves and awards the construction contract to Garland/DBS, Inc. for the “Project” in the amount of $361,199 and rejects all other bids. Section 3. The City Council hereby authorizes and directs the City Manager to execute the construction contract on behalf of the City. Section 4. The City Council hereby authorizes the City Manager to approve payments for additional work requests in connection with the Project in the cumulative not to exceed amount of $20,000. Section 5. The City Council hereby authorizes the City Manager to approve payments for inspection services in connection with the Project in the cumulative not to exceed amount of $5,000. Section 6. The City Council hereby authorizes the following Budget Amendment BA 20-04-01 allocating $86,199 to the Tennis Center Roof Repair Project. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of October 2019 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Thomas Moore, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 6968 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of October 2019. Gloria D. Harper, City Clerk Description Account Revised/Adopted Budget Proposed Budget Budget (diff) Amendment Transfer Out 001-080-47000 $3,330,500 $3,416,700 $86,200 Transfer In 045-000-31500 $7,060,200 $7,146,400 $86,200 Contract Professional 045-333-44000 $7,060,200 $7,146,400 $86,200 1 of 12 PUBLIC WORKS AGREEMENT for Construction Services for Tennis Center Roof Repair Project between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & Garland/DBS, Inc. 3800 East 91st Street Cleveland, OH 44105 (216) 641-7500 This Public Works Agreement (“the Agreement”) is made as of October 28, 2019 (the “Effective Date”), by and between Garland/DBS Inc. (“Consultant”), a Delaware Corporation and General Building Contractor, and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”). 2 of 12 RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the Tennis Center Roof Repair Project (“Project”) with respect to design criteria; B. WHEREAS, Contractor has submitted a bid to City for the Project dated September 9, 2019 in the amount of $361,199 (“Accepted Proposal” hereinafter), attached hereto as Exhibit G and incorporated herein by this reference. The Accepted Proposal contains, among other things, provisions defining the Project scope; and C. WHEREAS, Contractor’s California State Contractor’s license number is #949380, and Contractor’s DIR registration number is 1000000134. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: AGREEMENT 1. Contractor’s Services. 1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Agreement, Contractor shall perform and complete in good and workmanlike manner all work (“Work”) required by this Agreement and the documents listed in Subsection 1.2 for the Project. 1.2 Contract Documents. The “Contract Documents” that comprise the agreement between the City and the Contractor are the: Notice Inviting Bids, Instructions to Bidders, Accepted Proposal, Non -Collusion Declaration, Bid Schedule(s), List of Subcontractors, Contractor’s Industrial Safety Record, Contractor’s Qualification Statement, Bid Security Forms for Check or Bond, Specifications, General and Special Provisions and documents referenced therein, all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any of sa id documents, this Agreement, Exhibits attached to this Agreement, including but not limited to the Performance Bond (Exhibit A), Payment Bond (Exhibit B), Workers’ Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Labor Law Requirements (Exhibit F), Accepted Proposal (Exhibit G) and any and all supplemental agreements executed amending or extending the Work contemplated and that m ay be required to complete the Work in a substantial and acceptable manner. These Contract Documents are hereby incorporated into this Agreement. 3 of 12 1.3 The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City. 1.4 In the event of any material discrepancy between the express provisions of this Agreement and the provisions of the other Contract Documents, the provisions of this Agreement shall prevail. 2. Effective Date. This Agreement is effective as of October 28, 2019 (the “Effective Date”), and shall remain in full force and effect until Contractor has rendered the Work required by this Agreement. 3. Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in full compensat ion therefor, the amount of $361,199 subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of a ward by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 4. Contractor’s Personnel. 4.1 All Work shall be performed by Contractor or under Contractor’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by state and local law and by the Notice Inviting Bids/Instructions to Bidders to perform such Work, including, without limitation, a City of Seal Beach business license as required by the S eal Beach Municipal Code. 4.2 Contractor shall be responsible for payment of all employees’ wages and benefits, and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. 4.3 Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of city officials, from any 4 of 12 and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor’s alleged violations of personnel practices. 4.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of Ci ty. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the work performed pursuant to this Agreement. 4.5 City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 4. 5. Indemnification. 5.1 Contractor’s Duty. Contractor shall defend, indemnify, and hold the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”) free and harmless from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, bid protests, stop notices, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever (individually, a “Claim,” collectively, “Claims”), in any manner arising out of or incident to the performance of the Agreement, including without limitation, the payment of all consequential damages and attorneys’ fees and other related costs and expenses. Further, Contractor shall appoint competent defense counsel, at Contractor’s own cost, expense and risk, to defend any and all such suits, actions or other legal proceedings of every kind arising out of or incident to the performance of the Agreement that may be brought or instituted against Indemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding arising out of or incident to the performance of the Agreement. Contractor shall reimburse the City and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnity shall apply to all Claims and liability regardless of whether any insurance policies are applicable. 5 of 12 5.2 Civil Code Exception. Nothing in this Section 5 shall be construed to encompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City’s active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. 5.3 Bid Protests. In addition to its obligations pursuant to Section 5.1, Contractor shall reimburse the City for all attorneys’ fees and costs incurred by City in connection with, arising out of or incident to any bid protest. 5.4 City’s Sole Negligence. Nothing in Section 5.1 shall be construed to require Contractor to indemnify Indemnitees for that portion of any Claim to the extent arising from the sole negligence or willful misconduct of the Indemnitees. 5.5 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 5.6 Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses, and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor. 5.7 Survival. The provisions of this Section 5 shall survive the termination of the Agreement and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not require d as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. 6. Insurance. 6.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, and its agents, representatives, employees and subcontractors. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: 6 of 12 6.1.1 Exhibit D-1: Additional Insured Endorsement - Commercial General Liability. 6.1.2 Exhibit D-2: Additional Insured Endorsement - Automobile Liability. 6.1.3 Exhibit D-3: Additional Insured Endorsement. 6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors (Form B). 6.2.4 Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 6.2.5 Professional Liability insurance. Unless the City waives in the requirement for professional liability insurance, Contractor shall provide to City the standard form issued by the carrier. 6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: 6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property dama ge. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. 6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage. 6.3.3 Employer’s Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease and Workers’ Compensation Insurance in the amount required by law. 6.4 Deductibles and Self-Insured Retentions. Contractor shall inform City of any deductibles or self-insured retentions except with respect to any professional liability insurance. 7 of 12 6.5 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to co ntain, the following provisions: 6.5.1 City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. 6.5.2 For any claims related to this Agreement, Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials. Any insurance or self- insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be excess of Contractor’s insurance and shall not contribute with it. 6.5.3 Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 6.5.4 Each insurance policy required by this Section 6 shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days prior written notice by first class mail has been given to City. 6.5.5 Each insurance policy, except for any professional liability policy, required by this Section 6 shall expressly waive the insurer’s right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city or agency officials. 6.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VIIl unless waived in writing by City’s Risk Manager. 6.7 Verification of Coverage. All insurance coverages shall be confirmed by execution of endorsements on forms approved by the City. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before any Work commences. As an alternative to City forms, Contractor’s 8 of 12 insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 7. Liquidated Damages. Should the Contractor fail to complete the project, or any part thereof, within Sixty (60) working days following the date specified on the Notice to Proceed from the City, the Contractor shall reimburse the City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate of $500.00 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the City resulting from the failure of the Contractor to complete the project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this a mount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The City shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor’s Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. 8. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor’s performance of the Work for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Work does not void this Agreement. 9. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier servic e during Contractor’s and City’s regular business hours or by facsimile before or during Contractor’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: City Clerk City of Seal Beach 211-8th Street Seal Beach, California 90740 Telephone: (562) 431-2527 Fax: (562) 493-9857 With a copy to: Public Works Director City of Seal Beach 9 of 12 211-8th Street Seal Beach, California 90740 If to Contractor: Garland/DBS, Inc. 3800 East 91st Street Cleveland, OH 44015 Telephone: (216) 641-7500 Attn: Steve Lampman 10. Non-Assignability; Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Agreement or the performance of any of Contractor’s obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 11. Claim Dispute Resolution. 11.1 In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be characterized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters. 11.2 All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though f ully set forth herein. Thus, Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of “claim” as individually defined therein. 12. Antitrust Claims. In entering into this Agreement, Contractor offers and agrees to assign to City all rights, title, and interes t in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties. 10 of 12 13. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply. 14. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Agreement, the Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self - insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.” 15. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Work. 16. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 17. Attorneys’ Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including all attorneys’ fees incurred in connection therewith. 18. Construction. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 19. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations, or agreements. This Agreement 11 of 12 may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. 20. Severability. The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. (Intentionally Left Blank) 13 of 12 (Intentionally Left Blank) EXHIBIT A FAITHFUL PERFORMANCE BOND Bond No. _________________________________________Bond Premium______________________ PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach, has awarded __________________________________________ _____________________________________________________________ ______________ (Name and address of Contractor) (“Principal”), a contract (the “Contract”) for the work described as follows: Tennis Center Roof Repair Project WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and ______________________________________ _________________________________________________________ ____________________________________________________________________________________ (Name and address of Surety) (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of _______________________________________ ____________________________________________________________________________________ Dollars ($______________________________________), this amount being not less than the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand t o and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed there under, or the specifications for the same, shall in any way affect its obligations und er this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications there under. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: “Principal” “Surety” ___________________________________ ___________________________________ ___________________________________ ___________________________________ By: _______________________________ By: ________________________________ Its Its By: _______________________________ By: ________________________________ Its Its (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. EXHIBIT B PAYMENT BOND Bond No. _________________________________________Bond Premium______________________ PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach, has awarded to___________________________________________ ____________________________________________________________________________________ ___________________________________________________________________________________ ____________________________________________________________________________________ (Name and address of Contractor) (“Principal”), a contract (the “Contract”) for the work described as follows: Tennis Center Roof Repair Project WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW, THEREFORE, we, the undersigned Principal, and ______________________________________ ____________________________________________________________________________________ ________________________________________________________________________________ ____________________________________________________________________________________ (Name and address of Surety) (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of _______________________________________ ____________________________________________________________________________________ Dollars ($ _______________________________________ this amount being not less than the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void. This bond shall insure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modificatio n to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall f or all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: “Principal” “Surety” ______________________________________ ______________________________________ ______________________________________ ______________________________________ By: ___________________________________ By: ___________________________________ Its Its By: ___________________________________ By: ___________________________________ Its Its (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. EXHIBIT C WORKER’S COMPENSATION INSURANCE CERTIFICATE WORKER'S COMPENSATION CERTIFICATE OF INSURANCE WHEREAS, the CITY OF SEAL BEACH has required certain insurance to be provided by _____________________________________________________________________________ NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time. 1. This certificate is issued to: CITY OF SEAL BEACH, City Hall, 211 EIGHTH STREET, SEAL BEACH, CA 90740-6379. 2. The insureds under such policy or policies are: _________________________________ 3. Worker's Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds, as follows: POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ 4. Said policy or policies shall not be canceled, voided or reduced in coverage or limits of liability, unless and until thirty days' advance written notice thereof has been served upon the City Clerk of the CITY OF SEAL BEACH. By:____________________________________ Its Authorized Representative EXHIBIT D-1 ADDITIONAL INSURED ENDORSEMENT COMMERCIAL GENERAL LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY] ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY _____________________________________________________________________________ Name and address of named insured (“Named Insured”): _____________________________________________________________________________ Name and address of Insurance Company (“Company”): OFFICIAL TITLE OF PROJECT: TENNIS CENTER ROOF REPAIR PROJECT Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non - renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation t o those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City of Seal Beach Public Works Department 211 8th Street, 2nd Floor Seal Beach CA 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: uor Liability 12. -insured retention (check one) of $ ________________________ applies to all coverage(s) except: ____________________________________ 13. 14. This endorsement is effective on __________________________ at 12:01 A.M. and forms a part of Policy Number ______________________ I, ____________________________________________________________ (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed __________________________________________ , 20_________________ __________________________________________ Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: ( ) ________________________________________ EXHIBIT D-2 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY] ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY ____________________________________________________________________________________ Name and address of named insured (“Named Insured”): ____________________________________________________________________________________ Name and address of Insurance Company (“Company”): OFFICIAL TITLE OF PROJECT: TENNIS CENTER ROOF REPAIR PROJECT Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows: The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 1. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 2. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 3. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 4. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 5. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply wi th this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 6. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Ins ured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. This endorsement and all notices given hereunder shall be sent to Public Agency at: City of Seal Beach Public Works Department 211 8th Street, 2nd Floor Seal Beach CA 90740 7. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/ TO LIABILITY Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: -owned Automobiles 11. -insured retention (check one) of $ ______________________applies to all coverage(s) except: __________________________________________________________________ occurrence (check one). 12. 13. This endorsement is effective on______________________ at 12:01 A.M. and forms a part of Policy Number ____________________________ . I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed ___________________________________________, 20____________________ Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: ( ) ___________________________________________ EXHIBIT D-3 ADDITIONAL INSURED ENDORSEMENT [INSERT INSURANCE CERTIFICATE SHOWING PROFESSIONAL INSURANCE LIABILITY, IF REQUIRED] EXHIBIT E ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & Professions Code § 7028.15] [Public Contract Code § 20103.5] I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below (required at time of award): Business & Professions Code § 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, “the price of the contract” for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a join t venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingl y awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inqu iry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code § 20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre-qualification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. License No.:________________ Class:_______________ Expiration Date:_________________ Date:__________________ EXHIBIT F LABOR LAW REQUIREMENTS AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the Following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“Agency”) and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Se ctions 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. Date ___________________ Signature _______________________________________ EXHIBIT G ACCEPTED PROPOSAL 1. 2. 3. 4. 5. 6. 7. Date Submitted: 09/10/2019 Proposal #: 25-CA-190916 Garland/DBS, Inc. 3800 East 91st Street Cleveland, OH 44105 Phone: (800) 762-8225 Fax: (216) 883-2055 ROOFING MATERIAL AND SERVICES PROPOSAL Seal Beach Tennis Center City of Seal Beach 3900 Lampson Ave Seal Beach, CA 90740 Replace all T-Tops and heat vents with new. T-Tops to be fully fabricated from 16oz copper, fully welded, and have enclosed sides to prevent wind driven rain from entering. Replace all pipe flashings with 4lb lead, set in bed of mastic, cover with additional layer of self adhering underlayment, farrow out top ¼” of jack, caulk, and clamp at the top. Remove all underlayment, sealant, metal flashings, and accessories and dispose of properly. Replace any rotted decking or fascia board. City to visually verify any wood replacement prior to replacement. Contractor to provide photos of wood that is replaced when submitting change order costs. MICPA # 14-5903 California General Contractor License #: 949380 Scope of Work: Clubhouse Section includes removal and disposal of existing tile, installation of new underlayment and flashings and the installation of shingle roof on the Tennis Center Clubhouse. Purchase orders to be made out to: Garland/DBS, Inc. Please Note: The following budget/estimate is being provided according to the pricing established under the Master Intergovernmental Cooperative Purchasing Agreement (MICPA) with Cobb County, GA and U.S. Communities. This budget/estimate should be viewed as the maximum price an agency will be charged under the agreement. Garland/DBS, Inc. administered a competitive bid process for the project with the hopes of providing a lower market adjusted price whenever possible. Prepare deck and have City representative inspect before covering back up. Install 1 layer of self-adhering underlayment over entire roof surface according to specifications. Layer to be R-Mer Seal. Page 1 of 4 8. 9. 10. 11. 12. 13. 14. 1. 2. 3. 4. 5. 6. 7. 8. Replace all mortar on roof using non-shrink grout. Submit color samples to City for approval. All underlayment on sections over 3:12 must be strapped and backnailed per NRCA guidelines. Scope of Work: Locker Room / Gym Remove roof down to the deck. Remove wood siding above existing counterflashings on lower roofs. Install new 2 piece reglet and counterflashing 8” above new finished roof height. Install new building paper per code and install new wood siding to match existing. Caulk, Prime, and paint to match existing wood siding. Install ½” insulation fill in center roof area (approximately 750 sq ft) that is low to match surrounding deck height. Install a full 1/2:12 tapered polyisocyanurate insulation system over the deck on upper and lower roofs to eliminate all ponding water. Attach per ASCE 7-10 wind uplift requirements. Eliminate any existing drains and slope roof to all edges. Install ½” wood fiberboard that is primed on six sides in hot asphalt over the polyisocyanurate insulation. Install two layers of HPR Glasfelt type IV felts in Type IV hot asphalt over the entire roof surface. An extra layer of Stressply EUV modified smooth surfaced membrane will also be installed in all flashings, base flashings, wall flashings, drip edges, target sheets at penetrations, and all transitions. Install Stressply Plus FR Mineral over entire field in hot asphalt. Replace existing gutter on upper side of well area to match existing. Install this new gutter above well area with downspout to direct water into the drain on the well area roof. Gutter to be fabricated from new .040 aluminum with factory Kynar finish. Install new .040 aluminum downspouts with factory Kynar finish from existing gutter to ground so that water slopes away from the building. Slope gutters ¼:12 towards downspouts. Install new gutter on North end of Tennis Center tile roof. To include 40’ of gutters and 17’ of downspouts. Gutter to be fabricated from new .040 aluminum with factory Kynar finish. Install new .040 aluminum downspouts with factory Kynar finish from existing gutter to ground so that water slopes away from the building. Slope gutters ¼:12 towards downspouts. Include two bends in the downspout and a mouse hole at the bottom. Install all new flashings including but not limited to tile pans, rake metal, curb flashings, coping, valley metal, edge metal, and counterflashings using .040 aluminum with Kynar coated factory finish. City will choose color from color chart. No metal is to be reused on tile roof sections, all metal to be replaced with new .040 aluminum with Kynar coated factory finish. New edge metal to be fabricated from .040 aluminum with Kynar coated factory finish and to be clipped into a.040 aluminum continuous clip on outside perimeter. Edge metal to have a 3” outside face. Install new shingle roof over new underlayment. Page 2 of 4 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Garland/DBS Price Based Upon Local Market Competition: C.I. Services, Inc. Tecta America Southern California, Inc. Rite-Way Roof Corporation Chapman Coast Install torch applied Stressply IV Mineral on all vertical flashings including up and over parapet walls. Follow all procedures in the back of this specification for counterflashings, copings, drains, and all other related rooftop equipment. 412,962$ Decline to Bid Install new 5”x5” box gutters along perimeter of all roofs. To be fabricated from new .040 aluminum with factory Kynar finish. Install new .040 aluminum downspouts with factory Kynar finish at each corner. Slope gutters ¼:12 towards downspouts. Six downspouts required for upper roofs and a total of 4 downspouts required for all lower roofs Top of all base flashings to be secured with termination bar fastened 8” O.C.. Base bid to include replacement of all fascia along perimeter of upper roof with new kiln dried douglas fir to match existing size. Prime and paint all sides prior to installation. Paint final coat once wood is installed. Base bid to include replacement of a full sheet of plywood around entire perimeter of upper roof, 4’ wide. Match existing thickness. 361,199$ 381,791$ The use of pitch pans is not approved on this project. Flash penetrations using 4lb split lead flashings. Farrow out top of lead jack, clamp, and caulk with Tuff Stuff urethane caulking. Remove existing passive vents. Build new wood curbs to extend 8” above finished roof height and install new fully welded 22 ga passive vents to match existing opening size and overhang on top of curb per NRCA guidelines. Prep, prime, and paint all surfaces prior to installation to prevent rust. Secure to curb with two #12 stainless steel grommet screws on each side. Paint all exposed pipe stacks and mastic using Pyramic, elastomeric white Title 24 coating after 30 day cure period. All edge metal, counterflashings, and metal trim to be replaced with new .040 aluminum with a factory Kynar finish. Once roofs are complete, cured for 30 days, and inspected, power wash roof and allow to dry. Coat entire roof and base flashings with 3 gallons per square of Title 24 Pyramic coating. 2 coats at 1.5 gallons per square per coat, back roll each coat, total of 3 gallons per square. Replace skylights with new to match existing size. Build new wood curbs so that top of curb is 8” above finished roof height. Skylights to be double dome and have an opaque outer lense. Install new Dura-Block recycled rubber pipe supports on all conduits and pipes and to replace all existing wood blocking after gravel is installed. Blocking to free float on top of roof surface. Secure Dura-Block to conduit or pipe with manufacturer's hardware. Page 3 of 4 Unforeseen Site Conditions: Decking Replacement per Sq. Ft. Clarifications/Exclusions: 1. 2. 3. 4. 5. 6. 7. 8. Respectfully Submitted, Steve Rojek Garland/DBS, Inc. (216) 430-3613 Bonds are included. Plumbing, Mechanical, Electrical work is excluded. Masonry work is excluded. Interior Temporary protection is excluded. Sales and use taxes are included. Please issue a Tax Exempt Certificate. Potential issues that could arise during the construction phase of the project will be addressed via unit pricing for additional work beyond the scope of the specifications. Proposal pricing valid 60 days from proposal date listed above. 12.54$ If you have any questions regarding this proposal, please do not hesitate to call me at my number listed below. Steve Rojek Prevailing Wages are included. Any work not exclusively described in the above proposal scope of work is excluded. Permits are included. Page 4 of 4 Agenda Item: G AGENDA STAFF REPORT DATE:October 28, 2019 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Steve Myrter, P.E. , Director of Public Works SUBJECT:Authorize Expenditures with Anser Advisory, LLC for Engineering Services for Pier Base Evaluations Project (Project CIP BP2001) ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 6969 awarding and authorizing the City Manager to approve expenditures in the amount of $38,244 to Anser Advisory, LLC for Professional Services for the Pier Base Evaluations Project (Project CIP BP2001). BACKGROUND AND ANALYSIS: The Fiscal Year 2019-20 Capital Improvement Program includes the Pier Base Evaluations Project that will focus on developing a plan to repair the existing concrete portion of the pier structure as well as evaluate other potential project needs at the base of the pier. (Project CIP BP2001). Due to the extensive nature of these repairs, and the assumed associated costs, it is likely that the City will need to approach these repairs in a multi-phased approach to minimize the drain of available City funds on any one repair item. Therefore, the City is seeking the assistance of a consultant firm to investigate the structural condition of the pier base as well as the surrounding infrastructure and draft a budgetary report that will be the basis for future structural, utility, and aesthetic improvements to the Pier’s Pavilion Area adjacent to Eisenhower Park. Anser Advisory, formerly Simplus Management, has submitted a proposal to provide the evaluation and report for the subject project. Staff recommends contracting with Anser Advisory due to their recent project management of the Pier Improvements Project BP1002 and their corresponding knowledge of the continued repair and upgrade needs of the Pier Pavilion Area. The scope will generally include researching cost effective repair recommendations for this area, develop individual project scope descriptions for the aforementioned phasing of repairs, assign a budgetary estimate to each scope item, and, lastly, research the 6 1 2 current and future availability of grant funding for each scope item to minimize cost impacts to the City. The recommended expenditure authorization for Professional Services Agreement with the City is in a not-to-exceed amount of $38,244 for the proposed term, which would extend from October 14, 2019 through and including December 31, 2020. ENVIRONMENTAL IMPACT: The approval of Professional Services Agreements is not subject to California Environmental Quality Act (CEQA). LEGAL ANALYSIS: The City Attorney has approved the resolution as to form. FINANCIAL IMPACT: Sufficient funds in the amount of $40,000 have been allocated in the approved FY 2019-2020 Capital Improvement Program Budget for the Project BP2001 of which $38,244 are being utilized to prepare the evaluation. STRATEGIC PLAN: This item is directly related to the City Council’s three-year goal to improve and maintain the infrastructure and facilities of the City, more specifically, to study and evaluate the cost and scope of restoration of the pier base. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. RECOMMENDATION: That the City Council adopt Resolution 6969 awarding and authorizing the City Manager to approve expenditures in the amount of $38,244 to Anser Advisory, LLC for Professional Services for the Pier Base Evaluations Project (Project CIP BP2001). SUBMITTED BY: NOTED AND APPROVED: 6 1 2 Steve Myrter Jill R. Ingram Steve Myrter, P.E. , Director of Public Works Jill R. Ingram, City Manager Prepared by: David Spitz, P.E., Associate Engineer ATTACHMENTS: A. Resolution 6969 B. Professional Services Agreement RESOLUTION 6969 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ANSER ADVISORY, LLC FOR THE PIER BASE EVALUATIONS PROJECT (PROJECT CIP BP2001) WHEREAS, pursuant to the Seal Beach Charter, Seal Beach Municipal Code Chapter 3.20 establishes a central purchasing system including procedures for competitive bidding and exemptions from competitive bidding, and Seal Beach Municipal Code Section 3.20.025(C) provides an exemption from completive bidding requirements for purchases of professional services; and, WHEREAS, the City has determined that Anser Advisory, LLC is qualified to provide professional services for the Pier Base Evaluations Project (Project CIP BP2001), including investigations, repair recommendations, budgetary needs assessment and grant research services. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1.The City Council hereby awards a Professional Services Agreement between the City of Seal Beach and Anser Advisory, LLC (“Anser”), for the Pier Base Evaluation Project CIP BP2001 for a total not-to-exceed contract amount of $38,244 for the term of the Agreement. SECTION 2.The City Council hereby authorizes and directs the City Manager to execute the Professional Services Agreement between the City of Seal Beach and Anser, and all related documents, on behalf of the City. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of October 2019 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Thomas Moore, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 6969 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of October 2019. Gloria D. Harper, City Clerk 1 of 13 RECITALS A. City desires certain professional services for the Pier Base Evaluations Project BP2001. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City desires to engage Consultant to provide Professional services in the manner set forth herein and more fully described in Section 1.0. C. Consultant represents that the principal members of its firm are qualified professional Engineers and are fully qualified to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant shall provide those services (“Services”) set forth in the Scope of Services attached hereto as Exhibit A, which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant’s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant’s staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. Consultant represents and agrees that Consultant and its personnel shall not perform any professional services for which Consultant is not authorized to provide under state law. The 2 of 13 acceptance of Consultant’s work by the City shall not operate as a release of Consultant from such standard of care and workmanship. 1.5. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. The term of this Agreement shall commence on the Effective Date and shall remain in full force and effect until December 31, 2020 unless sooner terminated as provided in Section 5.0 of this Agreement. 3.0 Consultant’s Compensation 3.1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for Services but in no event will the City pay more than the total not-to-exceed amount of $38,244 for the Original Term. 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant’s invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24-hour notice from City, Consultant shall allow City or City’s agents or representatives to inspect at Consultant’s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City’s rights under this Section 4.2 shall survive for three years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 3 of 13 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days’ notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City’s representative for purposes of this Agreement. 6.2. Paul Buckley is the Consultant's primary representative for purposes of this Agreement. Paul Buckley shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211-8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: Anser Advisory, LLC 11095 Knott Avenue, Suite L Cypress, CA 90630 Attn: Paul Buckley 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be 4 of 13 performed by Consultant or by Consultant’s employees or other personnel under Consultant’s supervision, and Consultant and all of Consultant’s personnel shall possess the qualifications, permits, and licenses required by federal, State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Consultant will determine the means, methods, and details by which Consultant’s personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 8.2. All of Consultant’s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant’s personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant’s choice, except as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of any Services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 8.3. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and 5 of 13 entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 8.4. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices, or to the extent arising from or caused by the violation of any of the provisions of Section 8.0. In addition to all other remedies available under law. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in Sections 9.0 and 16.0 of this Agreement. 9.0 PERS Compliance and Indemnification 9.1. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that in providing its employees and any other personnel to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations. 9.2. Indemnification. In the event that Consultant or any of its officers, employees, agents, or subcontractors providing any of the Services under this Agreement, is determined by a final enforceable decision of a court of competent jurisdiction or by PERS to be a common law employee of City, to be eligible for enrollment in PERS as an employee of City, or to be reinstated from PERS retirement as an employee of City, Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its officers, employees, agents or subcontractors, as well as for the payment of penalties and interest on such contributions, and any other any fees, fines, reimbursements, losses, or other monetary damages of any kind whatsoever that is claimed, asserted, or alleged, which would otherwise be the responsibility of City. This 6 of 13 duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in Sections 8.0 and 16.0 of this Agreement. 10.0 Confidentiality Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement. 11.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. 12.0 Assignment Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 13.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least four (4) years after expiration, termination or final payment under this Agreement, whichever occurs later. City’s rights under this Section 13.0 shall survive for four (4) years after expiration, termination or final payment under this Agreement, whichever occurs later. 7 of 13 14.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. The City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor. 15.0 Insurance 15.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 15.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability coverages; and (4) if required by the City, Professional Liability coverage (or Errors and Omissions coverage). Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers’ Compensation in the amount required by law and Employer’s Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease; and (4) Professional Liability (or Errors and Omissions Liability, as appropriate): $1,000,000 per claim/aggregate, and 8 of 13 if a “claims made” policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 15.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 15.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 15.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Consultant guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 16.0 Indemnification, Hold Harmless, and Duty to Defend Consultant and the City agree that the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Section 16.0) should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, liability, lawsuit, cost, expense, attorneys’ fees, litigation costs, defense costs, court costs and/or any other cost arising out of or in any way related to the performance of 9 of 13 this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to the City and all other Indemnitees. Consultant acknowledges that the City would not have entered into this Agreement in the absence of the commitment of Consultant to indemnify and protect the City and the other Indemnitees, as set forth in this Agreement. 16.1. Indemnity for Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, indemnify and hold harmless the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 16.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense (collectively "Claims"), whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 16.2. Other Indemnitees. Other than in the performance of professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Damages”), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any 10 of 13 Damages with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 16.3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 16.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 16.4. The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. Consultant’s indemnity obligation set forth in this Section 16.0 shall not be limited by the limits of any policies of insurance required or provided by Consultant pursuant to this Agreement. 16.5. Consultant’s covenants under this Section 16.0 shall survive the expiration or termination of this Agreement. 17.0 Equal Opportunity Consultant affirmatively represents that it is an equal opportunity employer. Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 11 of 13 18.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 19.0 Prevailing Wage and Payroll Records If this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, then Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein. 20.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 21.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 22.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 23.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 24.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 12 of 13 25.0 Prohibited Interests; Conflict of Interest 25.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 25.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 25.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non- contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection 26.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys’ fees and other costs incurred in connection therewith. 27.0 Exhibits 13 of 13 All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 28.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. EXHIBIT A Consultant’s Proposal 1 PROPOSAL FOR CAPITAL IMPROVEMENT PROJECT BUDGETING AND GRANT FUNDING RESEARCH PREPARED FOR: Mr. Steve Myrter, P.E. City of Seal Beach, Director of Public Works PREPARED BY: 11095 Knott Avenue, Suite L Cypress, CA 90630 (714) 209-7671 anseradvisory.com A n s e r A d v i s o r y 11095 Knott Avenue, Suite L, Cypress, CA 90630 P (714) 209 7671 F (714) 209 7681 11095 KNOTT AVENUE, SUITE L CYPRESS, CA 90630 (714) 209-7671 anseradvisory.com October 3, 2019 Mr. Steve Myrter, P.E. CITY OF SEAL BEACH 211 8TH Street Seal Beach, CA 90740 RE: Proposal to Provide an Evaluation of the Seal Beach Pier Base Dear Mr. Myrter: It is our pleasure to submit this proposal to provide an evaluation of the Seal Beach Pier Base through a review of a selection of recommended Capital Improvement Projects. As part of our proposal, we have included a work plan to identify both our list of recommended Capital Improvement Projects as well as essential work elements required to research the budgetary needs of each project and develop a subsequent list of available grant funding that could potentially be applied toward qualifying projects. Our team has extensive experience in both the grant funding application process and estimating construction costs. It is our intent to utilize these resources to provide the City with clear and concise report. The report will be complete in a timely manner so as to provide the City with ample time to both review internally and, if necessary, further review the contents with Anser Staff. However, our proposed schedule is flexible and can be modified to meet the specific needs of the City. With that, a simple organizational chart is also included with this proposal, which is then followed by a fee schedule for your review; however, when the full scope of the report is established during planned early conversations with the City, those hours can also be modified to better suit the needs of the end goal. We look forward to working with the City in generating this report and, as a result of its findings, are available to provide additional Program Management Services as part of a future contract. Thank you for your time, and consideration. Sincerely, Paul J. Buckley, P.E. Managing Director Anser Advisory P a g e | ii TABLE OF CONTENTS SECTION 1 Work Plan 1 SECTION 2 Work Schedule and Fee Proposal 4 SECTION 3 Staffing Plan 5 Anser Advisory P a g e | 1 WORK PLAN SECTION 1 GENERAL MANAGEMENT APPROACH Anser Advisory, formerly Simplus Management, will diligently pursue the necessary information in order to prepare an in-depth yet concise report detailing budgetary needs and grant availability related to various recommended repairs for the Seal Beach Pier Base for the City’s use and review. Our Anser Advisory team of local experts in public works construction will work closely with the City to develop a list of potential projects for which to elaborate upon. From this list, we will generate a general scope for each item, then collaborate with our subconsultant, grant writing group, Engineering Solutions Services, for the addition of potential grant funding options based upon the scope of work. Anser’s team will then generate a draft report that will be reviewed, revised, and finalized under the review of its Program Manager and Managing Director. In order to achieve this goal in a timely manner, our approach will be based on establishing individual tasks quickly and completely to allow individual team members to focus their efforts on their individual elements while minimizing the potential for doubling those efforts. The progress of these tasks will then be followed up upon by Anser’s Construction Manager in regular conference calls that will be brief and focused purely on the status of tasks/action items leaving time spent on the task at hand rather than in meetings. UNDERSTANDING OF THE PROJECT The project site is the 1,850-foot Municipal Pier in the City of Seal Beach, its concrete abutment, ancillary parking lots, public restroom, and adjacent Eisenhower Park. Some areas of the Pier have been recently inspected and upgraded during the recent Improvements Project; however, there were several elements, outside of the Project’s scope identified during the course of the aforementioned project that were deemed in need of future repair/upgrade. This project will generate a report that will identify and prioritize those tasks, and include budgetary costs, developed by Anser, for use by the City. The proposed work includes the following actions:  Generate a list of recommended repairs and maintenance items to present to City Staff  Collaborate with the City, evaluate the importance of those recommended repairs and add to the aforementioned list as necessary  Assign resulting research tasks to Anser and sub-consultant staff as applicable  Collaborate generated information into a draft report for the City  Review any corrections and/or notes provided by the City in review of the draft and prepare a final draft  Present the final draft of the report to the City for dispersal as staff sees fit  At the City’s request, be available for any follow-up meetings/ presentations regarding the report’s findings and/or questions pertaining to it. Anser Advisory P a g e | 2 WORK PLAN SECTION 1 PROJECT WORK PLAN TASK 1 – BASIC SERVICES Anser will conduct meetings, conference calls, monitor and track subconsultant progress, review initial drafts, compile and format the initial draft to the City, and finalize/produce the official report copy, which will be available in both a printed and digital copies. These basic services will include basic overhead processing. TASK 2 – INITIAL RESEARCH Anser’s Construction Manager will review recent inspection reports, and Improvements Project notes to compile a recommended repairs list to review with the City. Examples of such recommended repairs are as follows:  Concrete abutment waterproofing, spall repair, and general restoration  General aesthetics improvements of the Pier Plaza  8th and 10th Street Parking Lot resurfacing and restriping  8th and 10th Street Parking Lot lighting upgrade/replacement  Relocation of overhead electrical/communication wiring in 8th and 10th Street Parking Lots  Additional hardware replacements for the wooden portion of the Pier  Repair/restore existing Pier benches  Electrical upgrades and/or improvements of Public Restrooms  Plumbing upgrades and/or improvements of Public Restrooms  General aesthetics improvements of the Public Restrooms  ADA improvements (i.e. ADA compliant ramp installation(s)) Anser Advisory P a g e | 3 WORK PLAN SECTION 1 TASK 3 – TASK ASSIGNMENT & RESEARCH Upon reviewing the list of recommended repairs with City Staff and establishing a finalized list prioritized by need, Anser will, as necessary and applicable, assign the tasks of researching available grant funding and necessary structural improvement needs to its sub-consultants ESS and KPFF. Anser meanwhile will develop a broad scope of work for each task, identifying potential permitting and engineering needs as well as possible special conditions as they may relate to construction scheduling, availability of specialized equipment, environmental concerns, etc. Task 3.1 – Coordination Meetings: During the research task, Anser will be holding regularly scheduled conference calls as needed to track sub-consultant progress and assign new action items as they may arise. The intent will be to keep these conference calls rather brief so as to maximize time spent in the pursuit of information as opposed to in meetings. TASK 4 – DRAFTING OF REPORT Anser’s Construction Manager will compile all produced data into a concise yet thorough report with input from our CM/RE and Principal- in-charge. This draft report will then be present to City Staff for review and comment. Any comments and/or corrections identified by the City will be integrated into the final draft of the report. The final draft will be provided to the City in both a printed copy and a digital copy. TASK 5 – PRESENTATION/COMMENTARY NEEDS Anser Advisory P a g e | 4 WORK PLAN SECTION 1 If desired and/or needed by the City, Anser staff will be made available for any additional presentation and/or commentary needs after the final report is distributed to additional City Staff, Council Members, etc. Anser Advisory P a g e | 5 WORK SCHEDULE AND PROPOSED LEVEL OF EFFORT SECTION 2 CITY OF SEAL BEACH CAPITAL IMPROVEMENT PROJECT BUDGETING & GRANT FUNDING RESEARCH PROJECT SCHEDULE & FEE PROPOSAL Task No. Description Working Days Per Month Sept ‘19 Oct ‘19 Nov ‘19 20 23 18 1 Basic Services/Project Set-up 2 Initial Research 3 Task Assignment and Research 4 Drafting of Report 5 Presentation/Responses Rate/HR Project Staffing PROJECTED HOURS Total Fee $200.00 Managing Director 2 2 2 $1,200.00 $192.50 Program Manager 8 12 12 $6,160.00 $167.00 Sr. Construction Manager 24 80 40 $24,084.00 $90.00 Admin Assistant 0 16 16 $2,880.00 $140.00 ESS Grant Research 8 24 0 $3,920.00 TOTALS 52 148 72 $38,244.00 Anser Advisory P a g e | 6 FEE SCHEDULE SECTION 4 ANSER ORGANIZATION CHART CITY OF SEAL BEACH PUBLIC WORKS DEPARTMENT DAVID SPITZ, P.E. CITY PROJECT MANAGER STEPHEN MUTCH, P.E., CCM SUDI SHOJA, P.E., F. ASCE JASON RECHLECKI, CCM PAUL BUCKLEY, P.E. MANAGING DIRECTOR PROGRAM MANAGER GRANT WRITER SR. CONSTRUCTION MANAGER EXHIBIT B TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Consultant shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City. 10. Consultant acknowledges that eight hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. Agenda Item: H AGENDA STAFF REPORT DATE:October 28, 2019 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Steve Myrter, P.E., Director of Public Works SUBJECT:Authorize Expenditures with TAIT & Associates, Inc. for Engineering Services for Arterial Street Resurfacing Program Project (Project CIP ST2003) Pursuant to On-Call Professional Services Agreement ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 6970 authorizing the City Manager to approve expenditures in the amount of $58,225 to TAIT & Associates, Inc. for the Arterial Street Resurfacing Program Project (Project CIP ST2003) engineering services. BACKGROUND AND ANALYSIS: The Fiscal Year 2019-20 Capital Improvement Program includes the Arterial Street Resurfacing Program Project (CIP ST2003) that will provide new street resurfacing to roadways within the City’s Arterial and Collector Street network. Staff reviewed the most recent 2018 and 2016 Pavement Management Plans which both identified seven-year CIP outlooks for utilizing resurfacing funding. Bolsa Avenue is identified in the 2016 Pavement Management Plan (PMP) as needing resurfacing. Segments of Lampson Avenue and Seal Beach Boulevard are on hold until after the I-405 project is complete mostly due to 405 related activities (utility relocations, detour traffic, road work). Staff recommends resurfacing Bolsa Avenue at this time. TAIT & Associates, Inc. (TAIT) has submitted a proposal to provide design services for the subject project, dated October 1, 2019. The scope will generally include surveying, geotechnical investigation, design, and construction support services. The recommended expenditure authorization under TAIT’s Council- approved On- Call Professional Services Agreement, dated July 22, 2019, with the City is in a not-to-exceed amount of $58,225. The costs of services were found to be comparable with the current market for a similar scope of work. 6 0 9 ENVIRONMENTAL IMPACT: The approval of a purchase order pursuant to a Professional Services Agreements is not subject to California Environmental Quality Act (CEQA). LEGAL ANALYSIS: The City Attorney has approved the resolution as to form. FINANCIAL IMPACT: Sufficient funds have been allocated in the approved FY 2019-2020 Capital Improvement Program Budget in the amount of $300,000 for the Project. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. RECOMMENDATION: That the City Council adopt Resolution 6970 authorizing the City Manager to approve expenditures in the not-to-exceed amount of $58,225 to TAIT & Associates, Inc. for the Arterial Road Resurfacing Program Project (Project CIP ST2003) engineering services, pursuant to the On-Call Professional Services Agreement dated July 22, 2019, between the City and TAIT & Associate, Inc., and TAIT & Associate Inc.’s proposal dated October 1, 2019. SUBMITTED BY: NOTED AND APPROVED: Steve Myrter Jill R. Ingram Steve Myrter, P.E., Director of Public Works Jill R. Ingram, City Manager Prepared by: David Spitz, P.E., Associate Engineer ATTACHMENTS: 6 0 9 A. Resolution 6970 B. Proposal RESOLUTION 6970 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING THE CITY MANAGER TO APPROVE EXPENDITURES TO TAIT & ASSOCIATES, INC. FOR ENGINEERING SERVICES FOR THE ARTERIAL ROAD RESURFACING PROGRAM PROJECT ST2003 PURSUANT TO ON-CALL PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City of Seal Beach (“City”) has entered into an On-Call Professional Services Agreement with TAIT & Associates, Inc. on July 22, 2019; and WHEREAS, the City has determined that TAIT & Associates, Inc. is qualified to provide engineering services for the Arterial Street Resurfacing Program Project ST2003, including surveying, geotechnical investigation, design and construction support services. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE; The City Council hereby authorizes the City Manager to approve expenditures to TAIT & Associates, Inc. for engineering services for the Arterial Street Resurfacing Program Project ST2003 for a not-to-exceed amount of $58,225, pursuant to the July 22, 2019 On-Call Professional Services Agreement between the City and TAIT and Associates, Inc., and the TAIT & Associates, Inc. proposal dated October 1, 2019. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of October 2019 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Thomas Moore, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 6970 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of October 2019. Gloria D. Harper, City Clerk TAIT & ASSOCIATES PROPOSAL FOR 2019 BOLSA AVENUE REHABILITATION PROJECT SEAL BEACH, CA Total Estimated Fee:58,225$ PROJECT FINANCIAL SUMMARY BILLING RATES 210 200 155 110 85 310 TOTAL PROJET COSTS WORK TASK PM/QA/QC Project Designer Admin 2-Man Consultant/ITEM TOTALS TASK #PRINC.Engineer I Crew Expense HOURS BILLABLE Records Research & Field Walk 1 0 0 4 12 0 0 -$ 16 1,940$ Utility Information Requests and Coordination 2 0 0 1 16 0 0 -$ 17 1,915$ Topographic Survey & Mapping (Bolsa; PCH to Silver Shoals)3 2 0 0 8 0 8 -$ 18 3,780$ Project Base Maps 4 1 0 4 16 0 -$ 21 2,590$ Geotech Investigation (Pavement Cores & Design Sections)5 0 0 2 0 0 0 5,300$ 2 5,610$ Preliminary Design/Recommendations 6 2 0 12 16 0 0 -$ 30 4,040$ Roadway Rehabilitation Plans 7 8 2 24 84 0 0 -$ 118 15,040$ Title Sheet [1 Sheet]1 0 2 4 0 0 -$ 7 960$ Notes, Details & Typical Sections [1 Sheet]2 2 8 0 0 -$ 12 1,610$ Roadway Improvements (Plan & Profile for Bolsa; PCH to Silver Shoals)[1 Sheet]2 1 8 28 0 0 -$ 39 4,940$ Roadway Rehabilitation Plan (Plan Only for the Remainder)[1 Sheet]2 1 8 32 0 0 -$ 43 5,380$ Signing & Striping Plans [1 Sheet]1 4 12 0 0 -$ 17 2,150$ Engineer's Cost Estimate 8 1 0 8 8 0 0 -$ 17 2,330$ Project Specifications 9 1 1 16 0 4 0 -$ 22 3,230$ Project Meetings (Assumes 2)10 6 0 6 6 0 0 -$ 18 2,850$ Caltrans Permit (TC Permit Only)11 2 0 6 24 8 0 -$ 40 4,670$ Permit Coordination 1 0 2 8 4 0 -$ 15 1,740$ Traffic Control Plan (PCH Only)[2 Sheets]1 0 4 16 4 0 -$ 25 2,930$ Bidding Assistance:12 4 0 4 0 2 0 -$ 10 1,630$ Construction Assistance 13 4 0 28 0 0 0 -$ 32 5,180$ Attend Pre-Construction Meeting 0 0 4 0 0 0 -$ 4 620$ Review Material Submittals (assume up to 6 submittals)2 0 12 0 0 0 -$ 14 2,280$ Respond to RFIs 2 0 8 0 0 0 -$ 10 1,660$ Conduct final punch walk 0 0 4 0 0 0 -$ 4 620$ As-Built Drawings 14 2 0 4 8 0 0 -$ 14 1,920$ LABOR HOUR TOTALS BY CLASSIFICATION 31 3 115 190 14 8 TOTAL LABOR COSTS 56,725$ REIMBURSABLES 1,500$ CLIENT: City of Seal Beach TOTAL PROJECT COSTS 58,225$ PROJECT: 2019 Bolsa Ave Rehabilitation Project PREPARED BY:BJM 2019.09.20 REVISED: 2019.10.01 Page 1 Agenda Item: I AGENDA STAFF REPORT DATE:October 28, 2019 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Steve Myrter, P.E., Director of Public Works SUBJECT:Authorize Participation in the Prop 68 Per Capita Program ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 6971 authorizing the City Manager to submit the approved resolution to the State for participation in the Proposition 68 Per Capita Program. BACKGROUND AND ANALYSIS: On June 5, 2018, California voters approved Proposition 68, a $4 billion water and parks bond. The bond consists of numerous grant opportunities in different areas of recreation and water services. One component of the bond is a per capita program that entitles the City to a minimum allocation of $200,000 to be used for park rehabilitation, creation and improvement. Exact figures for the allocations are not available at this time and are being calculated based on population figures. To be eligible for funding, the City must submit a resolution adhering to the following: Approves the filing of project application(s) for Per Capita program grant project(s); and, Certifies that said grantee has or will have available, prior to commencement of project work utilizing Per Capita funding, sufficient funds to complete the project(s); and, Certifies that the grantee has or will have sufficient funds to operate and maintain the project(s); and, Certifies that all projects proposed will be consistent with the park and recreation element of the City’s general or recreation plan (PRC §80063(a)); and, 6 0 8 Certifies that these funds will be used to supplement, not supplant, local revenues in existence as of June 5, 2018 (PRC §80062(d)); and, Certifies that it will comply with the provisions of §1771.5 of the State Labor Code; and, (PRC §80001(b)(8)(A-G)) To the extent practicable, as identified in the “Presidential Memorandum--Promoting Diversity and Inclusion in Our National Parks, National Forests, and Other Public Lands and Waters,” dated January 12, 2017, the City will consider a range of actions that include, but are not limited to, the following: (A) Conducting active outreach to diverse populations, particularly minority, low income, and disabled populations and tribal communities, to increase awareness within those communities and the public generally about specific programs and opportunities. (B) Mentoring new environmental, outdoor recreation, and conservation leaders to increase diverse representation across these areas. (C) Creating new partnerships with state, local, tribal, private, and nonprofit organizations to expand access for diverse populations. (D) Identifying and implementing improvements to existing programs to increase visitation and access by diverse populations, particularly minority, low-income, and disabled populations and tribal communities. (E) Expanding the use of multilingual and culturally appropriate materials in public communications and educational strategies, including through social media strategies, as appropriate, that target diverse populations. (F) Developing or expanding coordinated efforts to promote youth engagement and empowerment, including fostering new partnerships with diversity-serving and youth-serving organizations, urban areas, and programs. (G) Identifying possible staff liaisons to diverse populations. Agrees that to the extent practicable, the project(s) will provide workforce education and training, contractor and job opportunities for disadvantaged communities (PRC §80001(b)(5)). Certifies that the grantee shall not reduce the amount of funding otherwise available to be spent on parks or other projects eligible for funds under this division in its jurisdiction. A one-time allocation of other funding that has been expended for parks or other projects, but which is not available on an ongoing basis, shall not be considered when calculating a recipient’s annual expenditures. (PRC §80062(d)). Certifies that the grantee has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Procedural Guide; and, Delegates the authority to the City Manager, or designee to conduct all negotiations, sign and submit all documents, including, but not limited to 6 0 8 applications, agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope(s); and, Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. The Per Capita Program allows multiple applications to be submitted for different projects but only requires one resolution. At this time, project applications are not required to be submitted to the State. The guidelines of the grant maintain that funds granted through the program must be used to supplement existing expenditures and not replace them. Any project that the City completes using Per Capita Funds will be consistent with the City Council approved Parks and Community Services Master Plan and potential projects will be maintained as part of the maintenance and operations that is currently practiced throughout the City’s parks system. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: No legal analysis is required for this item. FINANCIAL IMPACT: This item does not impact the current budget for FY 2019-2020 and all future years will be budgeted accordingly. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. RECOMMENDATION: That the City Council adopt Resolution 6971 authorizing the City Manager to submit the approved resolution to the State for participation in the Proposition 68 Per Capita Program. 6 0 8 SUBMITTED BY: NOTED AND APPROVED: Steve Myrter Jill R. Ingram Steve Myrter, P.E., Director of Public Works Jill R. Ingram, City Manager Prepared by: Tim Kelsey, Recreation Manager ATTACHMENTS: A. Resolution 6971 RESOLUTION 6971 RESOLUTION OF THE CITY COUNCIL OF SEAL BEACH APPROVING APPLICATION(S) FOR PER CAPITA GRANT FUNDS WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Per Capita Grant Program, setting up necessary procedures governing application(s); and WHEREAS, said procedures established by the State Department of Parks and Recreation require the grantee’s Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State; and WHEREAS, the grantee will enter into a contract with the State of California to complete project(s); NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY; RESOLVE: Section 1. Approves the filing of project application(s) for Per Capita program grant project(s); and, Section 2. Certifies that said grantee has or will have available, prior to commencement of project work utilizing Per Capita funding, sufficient funds to complete the project(s); and, Section 3. Certifies that the grantee has or will have sufficient funds to operate and maintain the project(s); and, Section 4. Certifies that all projects proposed will be consistent with the park and recreation element of the City’s general or recreation plan (PRC §80063(a)); and, Section 5. Certifies that these funds will be used to supplement, not supplant, local revenues in existence as of June 5, 2018 (PRC §80062(d)); and, Section 6. Certifies that it will comply with the provisions of §1771.5 of the State Labor Code; and, Section 7. (PRC §80001(b)(8)(A-G)) To the extent practicable, as identified in the “Presidential Memorandum--Promoting Diversity and Inclusion in Our National Parks, National Forests, and Other Public Lands and Waters,” dated January 12, 2017, the City will consider a range of actions that include, but are not limited to, the following: (A) Conducting active outreach to diverse populations, particularly minority, low income, and disabled populations and tribal communities, to increase awareness within those communities and the public generally about specific programs and opportunities. (B) Mentoring new environmental, outdoor recreation, and conservation leaders to increase diverse representation across these areas. (C) Creating new partnerships with state, local, tribal, private, and nonprofit organizations to expand access for diverse populations. (D) Identifying and implementing improvements to existing programs to increase visitation and access by diverse populations, particularly minority, low-income, and disabled populations and tribal communities. (E) Expanding the use of multilingual and culturally appropriate materials in public communications and educational strategies, including through social media strategies, as appropriate, that target diverse populations. (F) Developing or expanding coordinated efforts to promote youth engagement and empowerment, including fostering new partnerships with diversity-serving and youth-serving organizations, urban areas, and programs. (G) Identifying possible staff liaisons to diverse populations. Section 8. Agrees that to the extent practicable, the project(s) will provide workforce education and training, contractor and job opportunities for disadvantaged communities (PRC §80001(b)(5)). Section 9. Certifies that the grantee shall not reduce the amount of funding otherwise available to be spent on parks or other projects eligible for funds under this division in its jurisdiction. A one-time allocation of other funding that has been expended for parks or other projects, but which is not available on an ongoing basis, shall not be considered when calculating a recipient’s annual expenditures. (PRC §80062(d)). Section 10. Certifies that the grantee has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Procedural Guide; and, Section 11. Delegates the authority to the City Manager, or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope(s); and, Section 12. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of October 2019 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Thomas Moore, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 6971 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of October 2019. Gloria D. Harper, City Clerk AGENDA STAFF REPORT DATE: October 28, 2019 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Steve Myrter, P.E., Director of Public Works SUBJECT:Citywide Street Sweeping Services ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 6972: 1. Approving and awarding a contract for street sweeping services to CleanStreet, Inc. in the amount of $523,248.00 for a three-year term; and, 2. Authorizing the City Manager to execute the contract to CleanStreet, Inc.; and, 3. Authorizing the City Manager the option to extend the agreement up to two (2) additional one-year term after its original term; and, 4. Approving Budget Amendment BA 20-04-03 allocating $25,000 in additional funds for street sweeping services. BACKGROUND AND ANALYSIS: Street sweeping is an integral part of the City’s efforts to minimize storm water pollution as well as providing routine cleaning of the City streets. City streets are typically swept twice per month with the exception of Ocean Avenue and the 100 block of the north/south streets within Old Town which are swept once per week. Pacific Coast Highway is swept six times a month and Leisure World reimburses the City to have their streets swept once a month. The contract “scope of work” requires that the street sweeping contractor uniformly clean each street gutter-to-gutter, including raised median curbs and painted medians. The contractor must also utilize street sweepers that comply with current air quality regulations governing this type of equipment. The scope of work also provides for after-hour emergency responses. The current street sweeping services contract is set to expire in November 2019. As such, staff advertised a “Request for Proposal” on September 12, 2019, to provide street sweeping services. On October 2, 2019, the City Clerk’s office received two (2) sealed proposals as summarized below: Rank Contractor Bid - Street Sweeping 1 CleanStreet, Inc.$174,416.00 2 R.F. Dickson Company $189,281.08 CleanStreet, Inc., submitted the apparent low bid in the amount of $174,416.00. Staff thoroughly reviewed CleanStreet’s bid proposal and discovered minor irregularities within the bid document. In one case an acknowledgment was not signed and in another a non-substantive page was mistakenly omitted. In consultation with the City Attorney, it was determined that these minor bid document irregularities did not affect the bid and resulted in no competitive advantage and thus the Clean Street bid proposal was found to be responsive. Based on CleanStreet’s references, qualifications, work experience and cost, staff recommends the City Council waive the minor irregularities and award this contract to CleanStreet, Inc., as the lowest responsive and responsible bidder for an annual cost of $174,416.00. The contract term is three (3) years for a not-to-exceed amount of $523,248.00. The City will have the option to extend the contract for up to two (2) additional one-year extensions at a not-to-exceed amount of $174,416.00 per year based on contractor performance and at the discretion of the City. ENVIRONMENTAL IMPACT: The recommended action is a exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2). LEGAL ANALYSIS: The City Attorney has reviewed the contract and approved the resolution as to form. FINANCIAL IMPACT: The FY 2019-2020 budget allocated $146,000 for street sweeping services. Due to a higher than anticipated contract award amount, Budget Amendment BA 20-04-03 in the amount of $25,000 will be required to provide sufficient street sweeping funds for the balance of the fiscal year. Budget Amendment 20-04-03 would allocate $25,000 as follows: Description Account Revised/Adopted Budget Proposed Budget Budget (diff) Amendment Street Sweeping 001-044- 40801 $ 146,000 $171,000 $ 25,000 STRATEGIC PLAN: This item is not applicable to the Strategic Plan. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. RECOMMENDATION: That the City Council adopt Resolution 6972: 1. Approving and awarding a contract for street sweeping services to CleanStreet, Inc., in the amount of $523,248.00 for a three-year term; and, 2. Authorizing the City Manager to execute the contract to CleanStreet, Inc.; and, 3. Authorizing the City Manager the option to extend the agreement up to two (2) additional one-year term after its original term; and, 4. Approving Budget Amendment BA 20-04-03 allocating $25,000 in additional funds for street sweeping services. SUBMITTED BY: NOTED AND APPROVED: Steve Myrter Jill R. Ingram Steve Myrter, P.E., Jill R. Ingram, City Manager Director of Public Works Prepared by: David E. Fait, Deputy Director of Public Works, Maintenance & Utilities ATTACHMENTS: A. Resolution 6972 B. Contract RESOLUTION 6972 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREMENT WITH CLEANSTREET, INC FOR STREET SWEEPING SERVICES WHEREAS, the City issued a Request for Proposals for Street Sweeping Services; and, WHEREAS, the City performed a detail review of the proposals and deemed CleanStreet, Inc as the most qualified to provide Street Sweeping Services for the City. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves the three (3) year professional services agreement (Agreement) between the City of Seal Beach and CleanStreet, Inc for Street Sweeping Services for an annual amount of $174,416, or $523,248 for the three-year term. Section 2. The City Council hereby authorizes the City Manager to execute the Agreement. Section 3. The City Council hereby approves the City Manager to extend the Agreement up to two (2) additional one-year terms, at the City Manager’s discretion. Section 4. Approving Budget Amendment BA 20-04-03 allocating $25,000 in additional funds for street sweeping services. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of October 2019 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Thomas Moore, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 6972 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of October 2019. Gloria D. Harper, City Clerk MAINTENANCE SERVICES AGREEMENT for Street Sweeping Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & CleanStreet, Inc. 1937 W. 169th Street Gardena, CA 90247 (800) 225-7316 This Maintenance Service Agreement (“the Agreement”) for Street Sweeping is made as of October 28, 2019 (the “Effective Date”), by and between CleanStreet, Inc., (“Consultant”), a California corporation and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”). 2 of 15 RECITALS A. . City has determined that it needs citywide street sweeping services (the “Project”). B. City issued a Notice Inviting Bids for provision of citywide street sweeping services C. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.030, City desires to engage Contractor to provide street sweeping services in the manner set forth herein and more fully described in Section 1.0. D. Consultant represents that the principal members of its firm are qualified street sweeping contractors and are fully qualified to perform the street sweeping services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein. E. Consultant’s California State Contractor’s License number and class are #634131 / D-38 Sand and Water Blasting. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Agreement, Consultant shall perform and complete in good and workmanlike manner all work and other services (collectively “Services”) required by this Agreement and the documents listed in Subsection 1.2 for the Project. 1.2. The “Contract Documents” that comprise the agreement between the City and Consultant are the: Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, Designation of Sureties, Acknowledgement of Addenda, Contractor’s Industrial Safety Record, Non-Collusion Affidavit, Bid Schedule(s), List of Subcontractors, Bid Bond, Contractor’s Qualification Statement, Scope of Work, Materials and Labor Bond, Additional Insured Endorsement - Commercial General Liability, Additional Insured Endorsement - Automobile Liability, Street Sweeping Area Maps, all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any of said documents, this Agreement, Exhibits attached to this Agreement, including but not limited to the Contract Scope of Work (Exhibit A), Consultant’s Proposal (Exhibit B) 3 of 15 (hereinafter “Accepted Proposal” referred to in Recital C, above), Labor Law Requirements (Exhibit C), and any and all supplemental agreements executed amending or extending the Services contemplated and that may be required to complete the Services in a substantial and acceptable manner. These Contract Documents are hereby incorporated into this Agreement on. 1.3. The Services shall be performed in accordance with the Contract Documents. Consultant shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City 1.4. The Services shall be performed in accordance with the Contract Documents. Consultant shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City 1.5. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.6. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.7. As a material inducement to City to enter in to this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant’s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant’s staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Consultant’s work by the City shall not operate as a release of Consultant from such standard of care and workmanship 1.8. Additional Work. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 4 of 15 2.0 Term 2.1. The term of this Agreement shall commence as of the Effective Date and shall continue for a te rm of three (3) year (“Original Term”) and shall expire at midnight on October 28, 2022, unless sooner terminated or extended as provided by this Agreement. 2.2. The City, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up to two (2) additional terms of one year each (“extension”), by providing written notice to Contractor at least one month prior to the expiration of an existing term. If timely elected by the City, the first extension shall have a term extending from October 29, 2022 through and including October 28, 2023, unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the second extension shall be from October 29, 2023 through and including October 28, 2024 unless sooner terminated pursuant to this Agreement. Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and Contractor’s authorized representatives. 3.0 Consultant’s Compensation 3.1. Original Term. For performing and completing the Services in accordance with this Agreement, City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will the City pay more than the not-to-exceed amount of $174,416.00 per year, or a cumulative not-to-exceed total of $522,972.00 for the Original Term. Said hourly rates shall constitute payment in full for all Services performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Services, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Consultant on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents.. 3.2. Extensions. In the event that City elects to extend the Original Term in accordance with Section 2.2 of this Agreement, City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for Services but in no event will the City pay more than the total not -to-exceed amount of $174,416.00 for each extension. 3.3. Additional Work. Any additional work authorized by the City Council and City Manager pursuant to Section 1.8 will be compensated in accordance with the fee schedule set forth in Exhibit A 5 of 15 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant’s invoice. City will not withhold any applicable federal or stat e payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24-hour notice from City, Consultant shall allow City or City’s agents or representatives to inspect at Consultant’s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City’s rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days’ notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City’s representative for purposes of this Agreement. 6.2. Rick Anderson is the Consultant's primary representative for purposes of this Agreement. Rick Anderson shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit 6 of 15 in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211-8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: CleanStreet, Inc.1937 W. 169th Street 1937 W. 169th Street Gardena, CA 90247 Attn: Rick Anderson 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant’s employees or other personnel under Consultant’s supervision, and Consultant and all of Consultant’s personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Consultant will determine the means, methods, and details by which Consultant’s personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 8.2. All of Consultant’s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant’s person nel require to perform any of the Services required by this Agreement. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, 7 of 15 including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to en roll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 8.3. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant’s personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in Section 15.0 of this Agreement. 9.0 C onfidentiality Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement. 10.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. 11.0 Assignment Consultant shall not assign or transfer any interest in this Agreement or the performance of any of Consultant’s obligations hereunder, whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 8 of 15 12.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. Ci ty’s rights under this Section 12.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 13.0 Safety Requirements All work performed under this Agreement shall be performed in such a ma nner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. The City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor. 14.0 Insurance 14.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by th e City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 14.2. Consultant shall, a t its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or 9 of 15 damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insur ers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability coverages; and (4) if required by the City, Professional Liability coverage (or Errors and Omissions coverage). Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per occurrence for bodily injury and property damage; (3) Workers’ Compensation in the amount required by law and Employer’s Liability : $1,000,000 per occurrence and in the aggregate for bodily injury or disease ; and 14.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certi fied mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and designated volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and designated volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 14.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on 10 of 15 the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 14.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Consultant guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 15.0 Indemnification, Hold Harmless, and Duty to Defend Consultant and the City agree that the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Section 15.0) should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, liability, lawsuit, cost, expense, attorneys’ fees, litigation costs, defense costs, court costs and/or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to the City and all other Indemnitees. Consultant acknowledges that the City would not have entered into this Agreement in the absence of the commitment of Consultant to indemnify and protect the City and the other Indemnitees, as set forth in this Agreement. 15.1 Consultant’s Duty. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, indemnify and hold harmless the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 15.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense (collectively "Claims"), whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs 11 of 15 actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant’s proportionate percentage of fault. 15.2 Other Indemnitees. Other than in the performance of professional services and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, e xpenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Damages”), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions f iled in connection with any Damages with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitee s for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 15.3 Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 15.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and def end the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 12 of 15 15.3 The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. Consultant’s indemnity obligation set forth in this Section 1 5.0 shall not be limited by the limits of any policies of insurance required or provided by Consultant pursuant to this Agreement. 15.4 Consultant’s covenants under this Section 15.0 shall survive the expiration or termination of this Agreement. 16.0 Equal Opportunity Consultant affirmatively represents that it is an equal opportunity employer. Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non -discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 17.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 18.0 Prevailing Wage and Payroll Records If this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, then Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated by reference herein. 19.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 13 of 15 20.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 21.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 22.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 23.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual r ights by custom, estoppel, or otherwise. 24.0 Prohibited Interests; Conflict of Interest 24.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 24.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 24.1. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractu al, non-contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written 14 of 15 disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection 25.0 Attorneys' Fees If either party to this agreement commences an action or proceeding against the other party, either legal, administrative or otherwise, to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to have and recover from the losing party all of its attorneys’ fees and other costs incurred in connection therewith. 26.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy bet ween the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 27.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. EXHIBIT A Contract Scope of Work EXHIBIT B Consultant’s Proposal EXHIBIT C TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of t he records. 8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City. 10. Consultant acknowledges that eight hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In acc ordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requireme nt that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a per iodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent cont ractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. Agenda Item: K AGENDA STAFF REPORT DATE: October 28, 2019 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Steven Fowler, Interim Director of Community Development Ayla Jefferson, Building Official SUBJECT:Introduction of an Ordinance of the City of Seal Beach City Council Amending the City of Seal Beach Municipal Code by Modifying Title 9 Chapter 9.60 Building Code thereof and Adopting by Reference The 2019 California Residential Code, 2019 California Electrical Code, 2019 California Mechanical Code, 2019 California Plumbing Code, 2019 California Fire Code and 2018 International Swimming Pool and Spa Code with Certain Amendments, Additions and Deletions thereto ________________________________________________________________ SUMMARY OF REQUEST: That the City Council receive the staff report and introduce for the first reading the attached ordinance amending the Seal Beach Municipal Code Chapter 9.60 by repealing Section 9.60.020 California Codes Adopted by Reference and Amended and Section 9.60.040 Pool and Spa Code from Chapter 9.60 and substituting with new Section 9.60.020 California Codes Adopted by Reference and Amended and 9.60.040 Pool and Spa Code adopting by reference and amend the California Code of Regulations, Title 24, Part 2 California Building Code, Part 2.5 California Residential Code, Part 3 California Electrical Code, Part 4 California Mechanical Code, Part 5 California Plumbing code and Part 9 California Fire Code and International Pool and Spa Code, and direct staff to schedule a noticed public hearing prior to the second reading and adoption of the same. BACKGROUND AND ANALYSIS: The model codes (or “uniform codes”) the City adopts for Building, Residential, Electrical, Mechanical and Plumbing Codes are periodically published in new and updated editions. The California Building Standards Commission (CBSC) adopts and amends each of these Codes to create the California Building, Residential, Fire, Electrical, Mechanical, and Plumbing Codes. California cities may adopt these model codes as the official building codes for the City. State law sets out the process for adopting these model codes with local amendments, if necessary. 6 2 5 This helps California builders and the public to know that, generally, the rules for construction are relatively stable across the State. The 2019 California Codes were published on July 1, 2019 and will become effective on January 1, 2020. The City must have the codes adopted and in effect by that date. California’s model building codes are published by the following three (3) entities: International Code Council (ICC) publishes Parts 1, 2 (includes 8 and 10), 2.5, 6, 9, 11 and 12 of Title 24, the Administrative, Building with Historical and Existing Buildings, Residential, Energy, Fire, Green and Referenced Standards Codes. International Association of Plumbing and Mechanical Officials (IAPMO) publish Parts 4 and 5 of Title 24, the California Mechanical and Plumbing Codes. BNi Building News publishes Part 3 of Title 24, the California Electrical Code. California Code of Regulations (CCR), Title 24, also known as the California Building Standards Code is a compilation of three (3) types of building criteria from three (3) different origins: Building standards that have been adopted by state agencies without change from building standards contained in national model codes; Building standards that have been adopted and adapted from the national model code standards to meet California conditions; and Building standards, authorized by the California legislature, that constitute extensive additions not covered by the model codes that have been adopted to address particular California concerns. Notwithstanding, the national model code standards adopted into Title 24 apply to all occupancies in California except for modifications adopted by state agencies and local governing bodies. Starting in 1989, CBSC has published triennial editions of Title 24 in their entirety every three years. California Building Standards Law refers to the portion of state law within Health and Safety Code, Division 13, Part 2.5, commencing with Section 18901. The provisions of Part 2.5 govern the work of the California Building Standards Commission and how the building standards are to be adopted and published. It also mandates that California Building Standards Code, in Title 24 of the California Code of Regulations, applies to all building occupancies throughout the state. While state law requires local government to enforce Title 24 of the California Code of Regulations as local standards, the law allows local government to enact local 6 2 5 requirements, often called local amendments to Title 24. These local amendments must be based on specified local climatic, or topographical conditions. When a city, county, or city and county enacts local amendments, a copy of the local amendment along with an express finding that such amendment(s) is reasonably necessary because of local climatic, geological, or topographical conditions, must be filed with the California Building Standards Commission. No local amendment is enforceable unless filed with the California Building Standards Commission but in any case, cannot be enforceable earlier than January 1, 2020. While jurisdictions can establish their own administration of the codes, jurisdictions are only allowed to amend the requirements of the State Codes based on local climatic, topographical, or geological conditions, and only if the requirement is more restrictive than the current State Code. Findings must be made for each amendment to the State Codes, and a copy of these findings must be filed with the Building Standards Commission. 2019 Code Amendments compared to 2016 Code Amendments Certain sections of the Building Code and Residential Code is adopting by reference the same sections of the Fire Code instead of repeating similar items throughout the municipal code in different sections. This way a greater code correlation is achieved and creates a simpler code adoption process as well. Amendments regarding Seismic Requirements remained the same. Certain amendments are not carried over since the California Codes already addressed them at this code cycle. Amendments regarding Fire Sprinkler Requirements are simplified based on the recommendation of OCFA that will create fewer burdens for small additions and alterations. Certain amendments are not carried over since the California Codes already addressed them at this code cycle. The current Swimming Pool and Spa Code is also adopted and the administration of the said code correlated to the Building Code administration. ENVIRONMENTAL IMPACT: Pursuant to the State of California Public Resources Code and State Guidelines for the California Environmental Quality Act (CEQA), the Community Development Department has determined that the proposed project is categorically exempt from environmental review per Section 15060(c)(2) of the State CEQA Guidelines. LEGAL ANALYSIS: 6 2 5 The City Attorney has reviewed the draft ordinance and approved it as to form. FINANCIAL IMPACT: There is no immediate financial impact to the City as a result of this proposed action. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. MEASURE BB: This item is not applicable to Measure BB. RECOMMENDATION: That the City Council receive the staff report, introduce for the first reading by title only Ordinance 1681, amending Chapter 9.60 of Title 9 of the Municipal Code, and direct staff to schedule a noticed public hearing prior to second reading and adoption of the same. If the City Council concurs, the appropriate motion would be to: 1. Introduce, waive further reading and read by title only Ordinance 1681, amending the Seal Beach Municipal Code Chapter 9.60 by repealing Section 9.60.020 California Codes Adopted by Reference and Amended and Section 9.60.040 Pool and Spa Code from Chapter 9.60 and substituting with new Section 9.60.020 California Codes Adopted by Reference and Amended and 9.60.040 Pool and Spa Code adopting by reference and amend the California Code of Regulations, Title 24, Part 2 California Building Code, Part 2.5 California Residential Code, Part 3 California Electrical Code, Part 4 California Mechanical Code, Part 5 California Plumbing code and Part 9 California Fire Code and International Pool and Spa Code; and, 2. Direct staff to schedule a duly-noticed public hearing for November 12, 2019, prior to second reading and adoption. SUBMITTED BY: NOTED AND APPROVED: 6 2 5 Steven Fowler Jill R. Ingram Steven Fowler Jill R. Ingram, City Manager Interim Director of Community Development ATTACHMENTS: A. Ordinance 1681 1 ORDINANCE 1681 AN ORDINANCE OF THE CITY OF SEAL BEACH CITY COUNCIL AMENDING THE CITY OF SEAL BEACH MUNICIPAL CODE BY MODIFYING TITLE 9 CHAPTER 9.60 BUILDING CODE THEREOF AND ADOPTING BY REFERENCE THE 2019 CALIFORNIA BUILDING CODE, 2019 CALIFORNIA RESIDENTIAL CODE, 2019 CALIFORNIA ELECTRICAL CODE, 2019 CALIFORNIA MECHANICAL CODE, 2019 CALIFORNIA PLUMBING CODE, 2019 CALIFORNIA FIRE CODE AND 2018 INTERNATIONAL SWIMMING POOL AND SPA CODE WITH CERTAIN AMENDMENTS, ADDITIONS AND DELETIONS THERETO THE SEAL BEACH CITY COUNCIL DOES ORDAIN AS FOLLOWS: Section 1. Findings. A. California law requires that on January 1, 2020, all portions of the 2020 California Code of Regulations Title 24 will be effective within the City: and, B. The City may amend the provisions of the California Code of Regulations Title 24 provided express findings for each amendment, addition or deletion is made based upon climatic, topographical or geological conditions. C. The City shall file the amendments, additions or deletions shall be filed with California Building Standards Commission. D. The City of Seal Beach is located in a densely populated coastal area in the northwest portion of Orange that is more prone to high winds, earthquakes, and fire, more difficult for firefighters to access than many other areas in California. E. The Building Official has recommended modifying certain Parts of California Code of Regulations Title 24 due to local conditions in the City of Seal Beach. F. The findings supporting the necessity for the amendments to building standards herein are contained in Attachment A to this ordinance in accordance with California Health and Safety Code Section 18941.5 and are incorporated by reference herein. G. In accordance with Section 15061(b)(3) of Title 14 of the California Code of Regulations, the adoption of local amendments to the California Building Standards Code, and amending the Seal Beach Municipal Code, are exempt from the provisions of the California Environmental Quality Act. Section 2. The purpose of this ordinance is to adopt by reference and amend the California Code of Regulations, Title 24, Part 2 California Building Code, Part 2.5 California Residential Code, Part 3 California Electrical Code, Part 4 California Mechanical Code, Part 5 California Plumbing code and Part 9 California Fire Code and International Pool and Spa Code. Therefore, the Seal Beach Municipal Code is hereby amended by repealing Section 9.60.020 California Codes Adopted by Reference and Amended and 9.60.040 Pool and Spa Code from Chapter 9.60 and substituting with new Section 9.60.020 California Codes Adopted by Reference and Amended and 9.60.040 Pool and Spa Code all to read as follows: 2 CHAPTER 9.60 BUILDING CODE 9.60.020 CALIFORNIA CODES ADOPTED BY REFERENCE AND AMMENDED 9.60.020.010 BUILDING CODE ADOPTED BY REFERENCE AND AMENDED 9.60.020.010.10 CALIFORNIA BUILDING CODE ADOPTED BY REFERENCE Chapter 1 through 35 and Appendices F, I and J of 2019 California Building Code, Title 24 Part 2 of California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except that those certain sections thereof which are necessary to meet local conditions as hereinafter set forth in Section 9.60.020.010.20 of this Code are hereby repealed, added or amended to read as set forth therein. The administration of the Building Code shall be as set forth in Section 9.60.010 of this Code. Not less than one copy of said 2019 California Building Code, Title 24 Part 2 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Building Code and may be cited as Section 9.60.020.010 of the Seal Beach Municipal Code. 9.60.020.010.20 CALIFORNIA BUILDING CODE AMENDED Chapter 1, 9, and 18 of 2019 California Building Code, Title 24 Part 2 of California Code of Regulations adopted by reference as the Building Code of the City of Seal Beach, are hereby amended, deleted or added as follows: 1- Chapter 1 Division II is deleted in its entirety. 2- Chapter 9 is amended in its entirety to read: Chapter 9 FIRE PROTECTION SYSTEMS. Chapter 9 of Building Code is deleted in its entirety and replaced with Chapter 9 of the California Fire Code as adopted and amended by City of Seal Beach Municipal Code Section 9.60.020.060 9.60.020.020 RESIDENTIAL CODE ADOPTED BY REFERENCE AND AMENDED 9.60.020.020.10 CALIFORNIA RESIDENTIAL CODE ADOPTED BY REFERENCE Chapters 2 through 10, Chapter 44 and Appendix H, J , Q, R and S of 2019 California Residential Code, Title 24 Part 2.5 of California Code of Regulations, and Appendix J of 2019 California Building Code, Title 24 Part 2 of California Code of Regulations as published by the California Building Standards Commission, are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a 3 part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except that those certain sections thereof which are necessary to meet local conditions as hereinafter set forth in Section 9.60.020.020.20 of this Code are hereby repealed, added or amended to read as set forth therein. The administration of the Residential Code shall be as set forth in Section 9.60.010 of this Code. Not less than one copy of said 2019 California Residential Code, Title 24 Part 2.5 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Residential Code and may be cited as Section 9.60.020.020 of the Seal Beach Municipal Code. 9.60.020.020.20 CALIFORNIA RESIDENTIAL CODE AMENDED Chapter 3 of 2019 California Residential Code, Title 24 Part 2.5 of California Code of Regulations adopted by reference as the Residential Code of the City of Seal Beach, are hereby amended, deleted or added as follows: 1- Section R301.1.1.3.2 is amended in its entirety to read: R301.1.1.3.2 Wood Frame Structures. The Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than two stories and basement in height located in Seismic Design Category A, B, or C. Notwithstanding other sections of law, the law establishing these provisions is found in Business and Professions Code Sections 5537 and 6737.1. The Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than one story in height or with a basement located in Seismic Design Category D0, D1, or D2 or E. 2- Section R313 Automatic Fire Sprinkler System is amended in its entirety to read: R313 Automatic Fire Sprinkler System. Section 903 of the Chapter 9 of Seal Beach Fire Code (Title 9 Chapter 9.60 Section 9.60.020.060 Fire Code) is adopted by reference to be the section R313 of the Residential Code. 9.60.020.030 ELECTRICAL CODE ADOPTED BY REFERENCE 9.60.020.030 CALIFORNIA ELECTRICAL CODE ADOPTED BY REFERENCE 89.102 through 89.114 of Article 89, Article 90, Chapters 1 through 9, and Annexes A, B, C,D,E,F,G,H, I and J of 2019 California Electrical Code, Title 24 Part 3 of California Code of Regulations, is hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein. The administration of the Electrical Code shall be as set forth in Section 9.60.010 of this Code. Not less than one copy of said 2019 California Electrical Code, Title 24 Part 3 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been 4 and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Electrical Code and may be cited as Section 9.60.020.030 of the Seal Beach Municipal Code. 9.60.020.040 MECHANICAL CODE ADOPTED BY REFERENCE 9.60.020.040 CALIFORNIA MECHANICAL CODE ADOPTED BY REFERENCE Division I Sections 1.2.0 through 1.14.0 of Chapter 1, Chapters 2 through 17 and Appendices B, C and D of 2019 California Mechanical Code, Title 24 Part 4 of California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein. The administration of the Mechanical Code shall be as set forth in Section 9.60.010 of this Code. Not less than one copy of said 2019 California Mechanical Code, Title 24 Part 4 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Mechanical Code and may be cited as Section 9.60.020.040 of the Seal Beach Municipal Code. 9.60.020.050 PLUMBING CODE ADOPTED BY REFERENCE 9.60.020.050 CALIFORNIA PLUMBING CODE ADOPTED BY REFERENCE Division I Sections 1.2.0 through 1.14.0 of Chapter 1, Chapters 2 through 17 and Appendices A, B,D,H,I and J of 2019 California Plumbing Code, Title 24 Part 5 of California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein. The administration of the Plumbing Code shall be as set forth in Section 9.60.010 of this Code. Not less than one copy of said 2019 California Plumbing Code, Title 24 Part 5 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Plumbing Code and may be cited as Section 9.60.020.050 of the Seal Beach Municipal Code. 9.60.020.060 FIRE CODE ADOPTED BY REFERENCE AND AMENDED 9.60.020.060.10 CALIFORNIA FIRE CODE ADOPTED BY REFERENCE Chapters 1 Division I and Division II, Chapters 2 through 80 and Appendices B, BB, C, and CC of 2019 California Fire Code, Title 24 Part 9 of California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 5 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except that those certain sections thereof which are necessary to meet local conditions as hereinafter set forth in Section 9.60.020.060.20 of this Code are hereby repealed, added or amended to read as set forth therein. Not less than one copy of said 2019 California Fire Code, Title 24 Part 9 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Fire Code and may be cited as Section 9.60.020.060 of the Seal Beach Municipal Code. 9.60.020.060.20 CALIFORNIA FIRE CODE MODIFIED Chapter 1, 2, 3, 4, 5, 9, 12, 28, 49, 50, 56, 57, 58 and 80 of 2019 California Fire Code, Title 24 Part 9 of California Code of Regulations adopted by reference as the Fire Code of the City of Seal Beach, are hereby amended, deleted or added as follows: 1- Division II Section 101.1 is amended in its entirety to read: 101.1 Title. These regulations shall be knowns the Fire Code of City of Seal Beach hereinafter referred to as “this code” 2- Division II Section 110.4 is amended to read: 110.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or shall fail to comply with any issued orders or notices or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be subject to penalties assessed as prescribed in the OCFA Prevention Field Services adopted fee schedule. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 3- A new Division II Section 110.4.2 is added to read: 110.4.2 Infraction and misdemeanor. Persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction. Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the chief or a duly authorized representative are guilty of a misdemeanor. 4- Section 202 is amended to add the following definitions; OCFA: Orange County Fire Authority, fire authority having jurisdiction. SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions: 1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366. 2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter 28. 5- Section 304.1.2 is amended in its entirety to read as follows: 6 304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Chapter 49. Type, amount, arrangement, and maintenance of vegetation in a fuel modification area, interior slope, or similarly hazardous area shall be in accordance with OCFA Guideline C-05 “Vegetation Management Guideline—Technical Design for New Construction, Fuel Modification Plans, and Maintenance Program.” 6- A new Section 305.6 is added to read: 305.6 Hazardous conditions. Outdoor fires burning wood or other solid fuel are not allowed when any of the following conditions applies: 1. when predicted sustained winds exceed 8 MPH and relative humidity is less than 25%, or a red flag condition has been declared 2. when an official sign was caused to be posted by the fire code official, or a public announcement is made No outdoor fires using any fuel type are permitted when predicted sustained winds exceed 20 MPH or when such fires present a hazard as determined by the fire code official. 7- A new Section 305.7 is added to read: 305.7 Disposal of rubbish. Rubbish, trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1. 8- A new Section 307.6 added to read: 307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R shall comply with this section. Exception: Barbeques, grills, and other portable devices intended solely for cooking. 9- A new Section 307.6.1 added to read: 307.6.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction and vegetation shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten feet. Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester as defined in Section 202. 10- A new Section 307.6.2 added to read: 307.6.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas. Permanent outdoor fireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code with clearance from combustible construction and building openings as required therein. Fires in a fireplace shall be contained within a firebox 7 with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks. The burning of wood or other solid fuel in a device is not allowed within 25 feet of combustible structures unless within an approved permanent fireplace, Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308. Exceptions: 1.Portable fireplaces and fire rings/pits equipped with a device to arrest sparks shall be located at least 3’ from combustible construction at R-3 occupancies, 2.Portable fireplaces, and fire pits/rings equipped with a device to arrest sparks, shall be located at least 15 feet from combustible structures at other R occupancies. 11- A new Section 307.6.2.1 added to read: 307.6.2.1 Where prohibited. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone, Wildfire Risk Area (WRA), Wildland-Urban Interface Area (WUI), or in locations where conditions could cause the spread of fire to the WRA or WUI. Exceptions: 1.Permanent fireplaces that are not located in a fuel modification zone 2.Where determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire. 12- Section 308.1.6.3 Sky lanterns is hereby amended to read: 308.1.6.3 Sky lanterns. A person shall not ignite, release, or cause to be released a sky lantern. 13- A new Section 321 added to read: 321 Fuel Modification Requirements for New Construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.” 14- A new Section 322 added to read: 322 Clearance of brush or vegetation growth from roadways. The fire code official is authorized to cause areas within 10 feet (3048 mm) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow-line or the end of the improved edge of the roadway surfaces. Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire. 15- A new Section 323 added to read: 323 Unusual circumstances. The fire code official may suspend enforcement of the vegetation management requirements and require reasonable alternative measures designed to advance 8 the purpose of this code if determined that in any specific case that any of the following conditions exist: 1. Difficult terrain. 2. Danger of erosion. 3. Presence of plants included in any state and federal resources agencies, California Native Plant Society and county-approved list of wildlife, plants, rare, endangered and/or threatened species. 4. Stands or groves of trees or heritage trees. 5. Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical. 16- A new Section 324 added to read: 324 Use of equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester as defined in Section 202 maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire. Exceptions: 1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California. 2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition 17- A new Section 324.1 Use of Equipment and Devices Generating Heat, Sparks or Open Flames added to read: 324.1 Equipment and devices generating heat, sparks or open flames. During any time of the year within Wildfire Risk Areas, within or immediately adjacent to any forest- or brush-covered land or non-irrigated grass-covered land, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following: 1. First clearing away all flammable material, including snags, from the area around such operation for a distance of 30 feet or other approved method to reduce fire spread into the wildlands. If 30-foot clearing cannot be achieved, then an alternate method shall be approved by the AHJ prior to work starting. 2. Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and one backpack pump water-type fire extinguisher fully equipped and ready for use at the immediate area during the operation. 3. Stop work when winds are 8 MPH or greater during periods when relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official. 4. Keep a cell phone nearby and call 911 immediate in case of fire. 9 18- A new Section 324.2 added to read: 324.2 Spark arresters. Spark arresters shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 324 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material. 19- Section 407.5 is amended in its entirety to read: 407.5 Hazardous Materials Inventory Statement. Where required by the fire code official, each application for a permit shall include OCFA’s Chemical Classification Packet in accordance with Section 5001.5.2. 20- Section 501.1 is amended in its entirety to read: 501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and, where required by the fire code official, with OCFA Guideline B-09, “Fire Master Plan for Commercial & Residential Development.” Fire service features for buildings, structures and premises located in State Responsibility Areas, and Local Responsibility Areas designated as Very High Hazard Fire Severity Zone shall also comply with OCFA Guideline B-09a, “Fire Safe Development in State Responsibility Areas, and Local Responsibility Areas designated as Very High Hazard Fire Severity Zone”. 21- Section 510.1 is amended in its entirety to read: 510.1 Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems utilized by the jurisdiction, measured at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. The Emergency Responder Radio Coverage System shall comply with the Orange County Sheriff’s Department, Communications and Technology Division guidelines and specifications and, where the functionality or performance requirements in the California Fire Code are more stringent, this code. Exceptions: 1. In buildings or structures where it is determined by the fire code official that the radio coverage system is not needed, including but not limited to the following: a. Existing buildings or structures, unless required by the Building Official and OCFA for buildings and structures undergoing extensive remodel and/or expansion. b. Elevators. c. Structures that meet all of the following: i. Three stories or less, and ii. Do not have subterranean storage or parking, and iii. Do not exceed 50,000 square feet on any single story. d. Structures that meet all of the following: i. Residential structures four stories or less, and ii. Constructed of wood, and iii. Do not have subterranean storage or parking, and iv. Are not built integral to an above ground multi-story parking structure. 10 Should a structure that is three stories or less and 50,000 square feet or smaller on any single story include subterranean storage or parking, then this ordinance shall apply only to the subterranean areas. 2. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of the facility, the fire code official shall have the authority to accept an automatically activated emergency radio coverage system. 22- Section 510.2 Emergency responder radio coverage in existing buildings is deleted in its entirety. 23- Section 510.3 Permit required is deleted in its entirety. 24- Section 903.2 is amended in its entirety to read: 903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided when one of the following conditions exists: 1.New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.19, an automatic fire-extinguishing system shall also be installed in all occupancies when the total building area exceeds 5,000 square feet as defined in Section 202, regardless of fire areas or allowable area, or is more than two stories in height. Exception: Subject to approval by the Fire Code Official, open parking garages in accordance with Section 406.5 of the California Building Code. 2. Existing Buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and one of the following conditions exists: a. When an addition exceeds 2000 square feet and the resulting building area exceeds 5000 square feet. Exception: Existing Group R-3 occupancies shall comply with Section 903.2.8 (2). 25- Section 903.2.8 is amended in its entirety to read: 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows: 1.New Buildings: An automatic sprinkler system shall be installed throughout all new buildings, including attached garages. 2.Existing R-3 Buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists: a. All existing Group R occupancies and U-1 garages when the total area is increased by 750 square feet or more. b. An automatic sprinkler system shall be installed throughout any existing Group R Occupancy building when the floor area of the Alteration or Combination of an Addition 11 and Alteration, is 50% or more of area/value of the existing structure and where the scope of the work exposes building framing and facilitates sprinkler installation and is such that the Building/Fire Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building. c. Any addition to an existing building which has fire sprinklers installed. Exceptions: 1. Existing Group R-3 occupancies converted to Group R-3.1 occupancies not housing bedridden clients, not housing nonambulatory clients above the first floor and not housing clients above the second floor. 2. Existing Group R-3 occupancies converted to Group R-3.1 occupancies housing only one bedridden client and complying with Section 425.8.3.3. 3. Pursuant to Health and Safety Code Section 13113 occupancies housing ambulatory children only, none of whom are mentally ill or mentally retarded, and the buildings or portions thereof in which such children are housed are not more than two stories in height, and buildings or portions thereof housing such children have an automatic fire alarm system activated by approved smoke detectors. 4. Pursuant to Health and Safety Code Section 13143.6 occupancies licensed for protective social care which house ambulatory clients only, none of whom is a child (under the age of 18 years), or who is elderly (65 years of age or over). When not used in accordance with Section 504.2 or 506.3 an automatic sprinkler system installed in accordance with Section 903.3.1.2 shall be allowed in Group R-2.1 occupancies. An automatic sprinkler system designed in accordance with Section 903.3.1.3 shall not be utilized in Group R-2.1 or R-4 occupancies. 26- A new Section 903.3.5.3 is added to read: 903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity. Exception: When static pressure exceeds 100 psi, and required by the Fire Code Official, the fire sprinkler system shall not exceed water supply capacity specified by Table 903.3.5.3. 27- Section 1201.1.1 is amended in its entirety to read: 1201.1.1 Other Systems Where required by the fire code official, other systems and operations including but not limited to battery systems assembly, battery reconditioning and storage, research and development of battery storage systems, electric vehicle manufacturing and testing, and battery charging systems for cars and carts inside of buildings or structures, shall comply with this chapter. 28- Section 2801.2 is amended in its entirety to read: 2801.2 Permit. Permits shall be required as set forth in Section 105.6 and 105.6.29. 29- Section 2808.2 is amended in its entirety to read: 12 2808.2 Storage site. Storage sites shall be level and on solid ground, elevated soil lifts or other all-weather surface. Sites shall be thoroughly cleaned and approval obtained from the fire code official before transferring products to the site. 30- Section 2808.3 is amended in its entirety to read: 2808.3 Size of piles. Piles shall not exceed 15 feet in height, 50 feet in width and 100 feet in length. Exception: The fire code official is authorized to allow the pile size to be increased where a fire protection plan is provided for approval that includes, but is not limited to, the following: 1. Storage yard areas and materials-handling equipment selection, design and arrangement shall be based upon sound fire prevention and protection principles. 2. Factor that lead to spontaneous heating shall be identified in the plan, and control of the various factors shall be identified and implemented, including provisions for monitoring the internal condition of the pile. 3. The plan shall include means for early fire detection and reporting to the public fire department; and facilities needed by the fire department for fire extinguishment including a water supply and fire hydrants. 4. Fire apparatus access roads around the piles and access roads to the top of the piles shall be established, identified and maintained. 5. Regular yard inspections by trained personnel shall be included as part of an effective fire prevention maintenance program. Additional fire protection called for in the plan shall be provided and shall be installed in accordance with this code. The increase of the pile size shall be based upon the capabilities of the installed fire protection system and features. 31- Section 2808.4 is amended in its entirety to read: 2808.4. Pile separation. Piles shall be separated from adjacent piles by a minimum distance of 20 feet. Additionally, piles shall have a minimum separation of 100 feet from combustible vegetation. 32- Section 2808.7 is amended in its entirety to read: 2808.7 Pile fire protection. Automatic sprinkler protection shall be provided in conveyor tunnels and combustible enclosures that pass under a pile. Combustible conveyor systems and enclosed conveyor systems shall be equipped with an approved automatic sprinkler system. Oscillating sprinklers with a sufficient projectile reach are required to maintain a 40% to 60% moisture content and wet down burning/smoldering areas. 33- Section 2808.9 is amended in its entirety to read: 2808.9 Material-handling equipment. All material-handling equipment operated by an internal combustion engine shall be provided and maintained with an approved spark arrester. Approved material-handling equipment shall be available for moving wood chips, hogged material, wood fines and raw product during fire-fighting operations. 34- A new Section 2808.11 is added to read: 2808.11 Temperature control. The temperature shall be monitored and maintained as specified in Sections 2808.11.1 and 2808.11.2. 13 2808.11.1 Pile temperature control. Piles shall be rotated when internal temperature readings are in excess of 165 degrees Fahrenheit. 2808.11.2 New material temperature control. New loads delivered to the facility shall be inspected and tested at the facility entry prior to taking delivery. Material with temperature exceeding 165 degrees Fahrenheit shall not be accepted on the site. New loads shall comply with the requirements of this chapter and be monitored to verify that the temperature remains stable. 35- A new Section 2808.12 is added to read: 2808.12 Water Availability. Facilities with over 2500 cubic feet shall provide a water supply. The minimum fire flow shall be no less than 500 GPM @ 20 psi for a minimum of 1 hour duration for pile heights up to 6 feet and 2 hour duration for pile heights over 6 feet. If there is no water purveyor, an alternate water supply with storage tank(s) shall be provided for fire suppression. The water supply tank(s) shall provide a minimum capacity of 2500 gallons per pile (maximum 30,000 gallons) for piles not exceeding 6 feet in height and 5000 gallons per pile (maximum 60,000) for piles exceeding 6 feet in height. Water tank(s) shall not be used for any other purpose unless the required fire flow is left in reserve within the tank at all times. An approved method shall be provided to maintain the required amount of water within the tank(s). 36- A new Section 2808.13 is added to read: 2808.13 Tipping areas shall comply with the following: 1. Tipping areas shall not exceed a maximum area of 50 feet by 50 feet. 2. Material within a tipping area shall not exceed 5 feet in height at any time. 3. Tipping areas shall be separated from all piles by a 20-foot-wide fire access lane. 4. A fire hydrant or approved fire water supply outlet shall be located within 150 feet of all points along the perimeter of the tipping area. 5. All material within a tipping area shall be processed within 5 days of receipt. 37- A new Section 2808.14 is added to read: 2808.14 Emergency Contact. The contact information of a responsible person or persons shall be provided to the Fire Department and shall be posted at the entrance to the facility for responding units. The responsible party should be available to respond to the business in emergency situation. 38- Section 4906.3 is amended in its entirety to read: 4906.3 Requirements. Hazardous vegetation and fuels around all applicable buildings and structure shall be maintained in accordance with the following laws and regulations: 1. Public Resources Code, Section 4291. 2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3, Section 1299 (see guidance for implementation “General Guideline to Create Defensible Space”). 3. California Government Code, Section 51182. 4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1, Section 3.07. 5. OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.” 14 39- A new Section 4908 is added to read: 4908 Fuel Modification Requirements for New Construction. All new buildings to be built or installed in a Wildfire Risk Area shall comply with the following: 1. Preliminary fuel modification plans shall be submitted to and approved by the fire code official prior to or concurrently with the approval of any tentative map. 2. Final fuel modification plans shall be submitted to and approved by the fire code official prior to the issuance of a grading permit. 3. The fuel modification plans shall meet the criteria set forth in the Fuel Modification Section of OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.” 3.1 The fuel modification plan shall include provisions for the maintenance of the fuel modification in perpetuity. 4. The fuel modification plan may be altered if conditions change. Any alterations to the fuel modification areas shall have prior approval from the fire code official. 5.All elements of the fuel modification plan shall be maintained in accordance with the approved plan and are subject to the enforcement process outlined in the Fire Code. 40- Section 5001.5.2 is amended in its entirety to read: 5001.5.2 Hazardous Materials Inventory Statement (HMIS). Where required by the fire code official, an application for a permit shall include Orange County Fire Authority’s Chemical Classification Packet, which shall be completed and approved prior to approval of plans, and/or the storage, use or handling of chemicals on the premises. The Chemical Classification Packet shall include the following information: 1.Product Name. 2.Component. 3.Chemical Abstract Service (CAS) number. 4.Location where stored or used. 5.Container size. 6.Hazard classification. 7.Amount in storage. 8.Amount in use-closed systems. 9.Amount in use-open systems. 41- A new Section 5003.1.1.1 is added to read: 5003.1.1.1 Extremely Hazardous Substances. No person shall use or store any amount of extremely hazardous substances (EHS) in excess of the disclosable amounts (see Health and Safety Code Section 25500 et al) in a residential zoned or any residentially developed property. 42- A new Section 5608.2 is added to read: 5608.2 Firing. All fireworks display, regardless of mortar, device, or shell size, shall be electrically fired. 15 43- A new Section 5608.3 is added to read: Section 5608.3 Application for Permit. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the fallout area based on 100 feet per inch of shell size, the location of all buildings, roads, and other means of transportation, the lines behind which the audience will be restrained, the location of all nearby trees, telegraph or telephone line, or other overhead obstructions shall be provided to OCFA. 44- A new Section 5701.1.1 is added to read: Section 5701.1.1 Mobile fueling. On-demand mobile fueling of Class I, II, and III liquids into the fuel tanks of vehicles is prohibited. 45- Section 5801.1 is amended in its entirety to read: Section 5801.1 Scope. The storage and use of flammable gases and flammable cryogenic fluids shall be in accordance with this chapter, NFPA 2 and NFPA 55. Compressed gases shall also comply with Chapter 53 and cryogenic fluids shall also comply with Chapter 55. Flammable cryogenic fluids shall comply with Section 5806. Hydrogen motor fuel-dispensing stations and repair garages and their associated above-ground hydrogen storage systems shall also be designed, constructed and maintained in accordance with Chapter 23. Mobile fueling of hydrogen-fueled vehicles shall comply with Section 5809. Mobile fueling of gaseous and liquid hydrogen, compressed natural gas (CNG), and liquefied natural gas (LNG) into the fuel tanks of vehicles is prohibited. Exceptions: 1. Gases used as refrigerants in refrigeration systems (see Section 605). 2. Liquefied petroleum gases and natural gases regulated by Chapter 61. 3. Fuel-gas systems and appliances regulated under the California Mechanical Code and the California Plumbing Code other than gaseous hydrogen systems and appliances. 4. Pyrophoric gases in accordance with Chapter 64. 46- NFPA 13, 2016 Edition, Standard for the Installation of Sprinkler Systems Section 6.7.3 is amended in its entirety to read: 6.7.3 Fire department connections (FDC) shall be of an approved type. The location shall be approved and be no more than 150 feet from a public hydrant. The FDC may be located within 150 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of 2½” inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red or as approved. When the fire sprinkler density design requires more than 500 gpm (including inside hose stream demand), or a standpipe system is included, four 2½” inlets shall be provided. 47- NFPA 13, 2016 Edition, Standard for the Installation of Sprinkler Systems Section 8.3.3.1 is amended in its entirety to read: 8.3.3.1 When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick-response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted. Sprinklers in light hazard occupancies shall be one of the following: 16 1-Quick-response type as defined in 3.6.4.8 2-Residential sprinklers in accordance with the requirements of 8.4.5 3-Quick response CMSA sprinklers 4-ESFR sprinklers 5-Standard-response sprinklers used for modifications or additions to existing light hazard systems equipped with standard-response sprinklers 6-Standard-response sprinklers used where individual standard-response sprinklers are replaced in existing light hazard systems 48- NFPA 13, 2016 Edition, Standard for the Installation of Sprinkler Systems Section 8.15.1.2.7 is amended in its entirety to read: 8.15.1.2.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by fire code official. 49- NFPA 13, 2016 Edition, Standard for the Installation of Sprinkler Systems A new Section 11.1.1.1 is added to read: 11.1.1.1 When fire sprinkler systems are required in buildings of undetermined use other than warehouses, they shall be designed and installed to have a fire sprinkler density of not less than that required for an Ordinary Hazard Group 2 use, with no reduction(s) in density or design area. Warehouse fire sprinkler systems shall be designed to Figure 16.2.1.3.2 (d) curve “G”. Use is considered undetermined if a specific tenant/occupant is not identified at the time the sprinkler plan is submitted. Where a subsequent use or occupancy requires a system with greater capability, it shall be the responsibility of the occupant to upgrade the system to the required density for the new use or occupancy. 50- NFPA 13, 2016 Edition, Standard for the Installation of Sprinkler Systems A new Section 11.2.3.1.1.1 is added to read: 11.2.3.1.1.1 The available water supply for fire sprinkler system design shall be determined by one of the following methods, as approved by the fire code official: 1- Subtract the project site elevation from the low water level for the appropriate pressure zone and multiply the result by 0.433; 2- Use a maximum of 40 psi, if available; 3- Utilize the OCFA water-flow test form/directions to document a flow test conducted by the local water agency or an approved third party licensed in the State of California. 51- NFPA 13D 2016 Edition, Standard for the Installation of Sprinkler Systems in One- and Two- Family Dwellings and Manufactured Homes Section 7.1.2 is amended in its entirety to read: 7.1.2 The sprinkler system piping shall not have separate control valves installed unless supervised by a central station, proprietary, or remote station alarm service. 52- NFPA 14, 2013 Edition, Installation of Standpipe and Hose Systems Section 7.3.1.1 is amended in its entirety to read: 7.3.1.1 Class I and III Standpipe hose connections shall be unobstructed and shall be located not less than 18 inches or more than 24 inches above the finished floor. Class II Standpipe hose connections shall be unobstructed and shall be located not less than 3 feet or more than 5 feet above the finished floor. 17 53- NFPA 24, 2016 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances a new Section 6.2.8.1 is added to read: 6.2.8.1 All indicating valves controlling fire suppression water supplies shall be painted OSHA red. Exceptions: 1. Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted. 2. Where OS&Y valves on the detector check assembly are the only control valves, at least one OS&Y valve shall be painted red. 54- NFPA 24, 2016 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances Section 6.2.9 amended in its entirety to read: Section 6.2.9 All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated: 1. A post indicator valve installed not less than 40 ft (12 m) from the building (a) For buildings less than 40 ft (12 m) in height, a post indicator valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the post indicator valve. 2. A wall post indicator valve 3. An indicating valve in a pit, installed in accordance with Section 6.4 4. A backflow preventer with at least one indicating valve not less than 40 ft (12 m) from the building (a) For buildings less than 40 ft (12 m) in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the backflow preventer. 5. Control valves installed in a fire-rated room accessible from the exterior 6. Control valves in a fire-rated stair enclosure accessible from the exterior 55- NFPA 24, 2016 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances A new Section 10.1.5 is added to read: 10.1.5 All ferrous pipe and joints shall be polyethylene encased per AWWA C150, Method A, B, or C. All fittings shall be protected with a loose 8-mil polyethylene tube or sheet. The ends of the tube or sheet shall extend past the joint by a minimum of 12 inches and be sealed with 2- inch-wide tape approved for underground use. Galvanizing does not meet the requirements of this section. 18 Exception: 304 or 316 Stainless Steel pipe and fittings 56- NFPA 24, 2016 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances Section 10.4.1.1 is amended in its entirety to read: 10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion-retarding material after installation. Exception: Bolted joint accessories made from 304 or 316 stainless steel. 57- NFPA 24, 2016 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances a new Section 10.4.1.1.1 is added to read: 10.4.1.1.1 All bolts used in pipe-joint assembly shall be 316 stainless steel. 58- NFPA 24, 2016 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances Section 10.4.3.2 is amended in its entirety to read: 10.4.3.2 Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.4.3.2.1 through 10.4.3.2.4. 9.60.020.070 EFFECT OF ADOPTION The adoption of the City Building, Residential, Electrical, Mechanical, Plumbing, Fire Code and the repeal, addition or amendment of ordinances by this code shall not affect the following matters: (A) Actions and proceedings which began the effective date of this code. (B) Prosecution for ordinance violations committed before the effective date of this code. (C) Licenses and penalties due and unpaid at the effective date of this code, and the collection of these licenses and penalties. (D) Bonds and cash deposits required to be posted, filed or deposited pursuant to any ordinance. (E) Matters of record which refer to or are connected with ordinances the substances of which are included in this code; these references shall be construed to apply to the corresponding provisions of the code. 9.60.020.080 PENALTY; VIOLATIONS (A) General penalty; continuing violations. Every act prohibited or declared unlawful and every failure to perform an act required by this code is a misdemeanor or an infraction as set forth in the said respective pertinent sections of this code and any person causing or permitting a violation of any such section of said code shall be subject to the penalties ascribed to each such section as set forth herein. (B) Violations including aiding, abetting, and concealing. Every person who causes, aids, abets or conceals the fact of a violation of this code is guilty of violating this code. (C) Enforcement by civil action. In addition to the penalties provided herein, the said code may be enforced by civil action. Any condition existing in violation of this code is a public nuisance and may be summarily abated by the city. 19 9.60.040 Pool and Spa Code 9.60.040.010 INTERNATIONAL SWIMMING POOL AND SPA CODE ADOPTED BY REFERENCE AND AMENDED. 9.60.040.010.10 INTERNATIONAL SWIMMING POOL AND SPA CODE ADOPTED BY REFERENCE (A) 2018 International Swimming Pool and Spa Code as published by International Code Council, is hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the City of Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except that those certain sections thereof which are necessary to meet local conditions as hereinafter set forth in Section 9.60.040.020 of this Code are hereby repealed, added or amended to read as set forth therein. The administration of the International Swimming Pool and Spa Code shall be as set forth in Section 9.60.010 of this Code. (B) Not less than one copy of said 2018 International Swimming Pool and Spa Code together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Swimming Pool and Spa Code and may be cited as Section 9.60.040.010 of the Seal Beach Municipal Code. 9.60.040.010.20 INTERNATIONAL SWIMMING POOL AND SPA CODE AMENDED 1. Chapter 1 is deleted in its entirety. 2. Chapter 2 the following definitions added to read: In addition to the definitions specified in Chapter 2 Section 202 of this Code, the following certain terms, phrases, words and their derivatives shall be construed as specified in this section. 1. Where the term International Building Code is used it shall be replaced with the term California Building Code. 2. Where the term International Residential Code is used it shall be replaced with the term California Residential Code. 3. Where the term International Plumbing Code is used it shall be replaced with the term California Plumbing Code. 4. Where the term International Energy Conservation Code is used it shall be replaced with the term California Energy Code. 5. Where the term International Fire Code is used it shall be replaced with the term California Fire Code. 6. Where the term International Fuel Gas Code is used it shall be replaced with the term California Plumbing Code. 7. Where the term International Mechanical Code is used it shall be replaced with the term California Mechanical Code. 8. Where the term NFPA 70 is used it shall be replaced with the term California Electrical Code. 20 Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held out to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council of the City of Seal Beach hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsection, sentence clause, phrases or portions be declared valid or unconstitutionally. Section 4. Continuity. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Seal Beach Municipal Code, these provisions will be construed as continuations of those provisions and not as amendments of the earlier provisions. Section 5.Intent to Comply with Laws. The City Council intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance will be construed in light of that intent. Section 6. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. Section 7.Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law. Section 8.Effective Date. This Ordinance will take effect on January 1st, 2020. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 12th day of November 2019. Thomas Moore, Mayor ATTEST: Gloria D. Harper, City Clerk 21 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting held on the 28th day of October, 2019 and was passed, approved and adopted by the City Council at a regular meeting held on the 12th day of November, 2019 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Gloria D. Harper, City Clerk 22 ATTACHMENT A LOCAL AMENDMENT FINDINGS 23 LOCAL AMENDMENT FINDINGS I. Climatic Conditions A. Orange County is located in a semi-arid Mediterranean type climate. It annually experiences extended periods of high temperatures with little or no precipitation. Hot, dry (Santa Ana) winds, which may reach speeds of 70 M.P.H. or greater, are also common to the area. These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagration). In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the County. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles will greatly impact the response time to reach an incident scene. B. The climate alternates between extended periods of drought and brief flooding conditions. Flood conditions may affect the Orange County fire Authority’s ability to respond to a fire or emergency condition. Floods also disrupt utility services to buildings and facilities within the County. C. Water demand in this densely populated area far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already-taxed water supply does not. California is projected to increase in population by nearly 10 million over the next quarter of a century with 50 percent of that growth centered in Southern California. Due to storage capacities and consumption, and a limited amount of rainfall future water allocation is not fully dependable. This necessitates the need for additional and on-site fire protection features. D. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high-density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire protection. The added protection of fire sprinkler systems and other fire protection features will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent. II. Topographical conditions A. Natural; slopes of 15 percent or greater generally occur throughout the foothills of Orange County. The elevation change caused by the hills creates the geological foundation on which communities with Orange County is built and will continue to build. With much of the populated flatlands already built upon, future growth will occur on steeper slopes and with greater constraints in terrain. B. Traffic and circulation congestion is an artificially created, obstructive topographical condition, which is common throughout Orange County. C. These topographical conditions combine to create a situation that places fire department response time to fire occurrences at risk and makes it necessary to provide 24 automatic on-site fire-extinguishing systems and other protection measures to protect occupants and property. III. Geological Conditions The Orange County region is a densely populated area that has buildings constructed over and near a vast and complex network of faults that are believed to be capable of producing future earthquakes similar or greater in size than the 1994 Northridge and the 1971 Sylmar earthquakes. Earthquake faults run along the northeast and southwest boundaries of Orange County. The Newport-Inglewood Fault, located within Orange County was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude) which took 120 lives and damaged buildings in an area from Laguna Beach to Marina Del Rey to Whittier. In December 1989, another earthquake occurred in the jurisdiction of Irvine at an unknown fault line. Regional planning for reoccurrence of earthquakes is recommended by the state of California, Department of Conservation. A. Previous earthquakes have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. The October 17, 1989, Santa Cruz earthquake resulted in one major fire in the Marina District (San Francisco). When combined with the 34 other fires locally and over 500 responses, the department was taxed to its fullest capabilities. The Marina fire was difficult to contain because mains supplying water to the district burst during the earthquake. This situation creates the need for both additional fire protection and automatic on-site fire protection for building occupants. State Department of Conservation noted in their 1988 report (Planning Scenario on a Major Earthquake on the Newport-Inglewood Fault Zone, page 59), “unfortunately, barely meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe.” B. Road circulation features located throughout the County also make amendments reasonably necessary. Located through the County are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, street and storm drain design, accompanied by occasional heavy rainfall, causes roadway flooding and landslides and at times may make an emergency access route impassable. There are areas in Orange County that naturally have extended emergency response times that exceed the 5-minute goal. C. Soils throughout the County possess corrosive properties that reduce the expected usable life of water services when metallic pipes are in contact with soils. Due to the topographical conditions of sprawling development separated by waterways and narrow and congested streets and the expected infrastructure damage inherent in seismic zones described above, it is prudent to rely on automatic fire sprinkler systems to mitigate extended fire department response time and keep fires manageable with reduced fire flow (water) resources available for a given structure. Additional fire protection is also justified to match the current resources of firefighting equipment and personnel within the Orange County Fire Authority. 25 2019 California Building Code Amendment Findings Legend 2019 California Residential Code Amendment Findings Legend 2019 California Fire Code Amendment Findings Legend CODE SECTION TITLE (Clarification) FINDINGS Chapter 1 Division II Administration Administrative Chapter 9 Fire Protection Systems I, II & III CODE SECTION TITLE (Clarification) FINDINGS R301.1.1.3.2 Wood Frame Structures III R313 Automatic Fire Sprinkler System I, II & III CODE SECTION TITLE (Clarification) FINDINGS 110.4 Violation penalties Administrative 110.4.2 Infraction & Misdemeanor Administrative 202 General definitions Administrative 304.1.2 OCFA Vegetation Management I 305.6 Hazardous conditions I & II 305.7 Disposal of rubbish I & II 307.6 Fire Pits, Fire Rings, & Outdoor Fireplaces Administrative 307.6.1 Gas-fueled devices I & II 307.6.2 Devices using wood or fuels other than natural gas or I & II 26 LPG 307.6.2.1 Where prohibited I & II 308.1.6.3 Sky lanterns I & II 309.2.1 Indoor charging of electric cars Administrative 321 Fuel modification requirements for new construction I 322 Clearance of brush or vegetation growth from roadways I 323 Unusual circumstances Administrative 324 Use of equipment I 324.1 Use of Equipment and Devices Generating Heat, Sparks or Open Flames I 324.2 Sky Lanterns or similar devices I & II 407.5 Hazardous material inventory statement I & II 501.1 Scope Administrative, I, II & III 510.1 Emergency responder radio coverage Administrative 510.2 Emergency responder radio coverage in existing buildings Administrative 27 510.3 Permit required Administrative 903.2 Where required (Sprinklers) I, II & III 903.2.8 Group R (Sprinklers) I, II & III 903.3.5.3 Hydraulically calculated systems I & II 1201.1.1 Other Systems Administrative 2801.2 Permit Administrative 2808.2 Storage site Administrative 2808.3 Size of piles I 2808.4 Pile separation I 2808.7 Pile fire protection I 2808.9 Material- handling equipment I 2808.11 Temperature control I 2808.11.1 Pile temperature control I 2808.11.2 New material temperature control I 2808.12 Water availability for piles I 2808.13 Tipping area I 2808.14 Emergency contact Administrative 4906.3 OCFA Vegetation Management Guideline I 4908 Fuel modification requirements for new construction I 5001.5.2 Hazardous materials Administrative 28 inventory statement 5003.1.1.1 Extremely hazardous substances I & III 5608.2 Retail fireworks Administrative 5608.3 Application for permit Administrative 5701.1.1 On-Demand Mobile fueling Administrative, II & III Chapter 80 Reference Standards N/A 2016 NFPA 13 (Sprinkler Systems) Administrative, II & III 2016 NFPA 13-D (Single Family Sprinkler Systems) I & II 2013 NFPA 14 (Standpipe Systems) Administrative 2016 NFPA 24 (Underground Water Supply Systems) Administrative & III 1 ORDINANCE XXXX AN ORDINANCE OF THE CITY OF SEAL BEACH CITY COUNCIL AMENDING THE CITY OF SEAL BEACH MUNICIPAL CODE BY MODIFYING TITLE 9 CHAPTER 9.60 BUILDING CODE THEREOF AND ADOPTING BY REFERENCE THE 2019 CALIFORNIA BUILDING CODE, 2019 CALIFORNIA RESIDENTIAL CODE, 2019 CALIFORNIA ELECTRICAL CODE, 2019 CALIFORNIA MECHANICAL CODE, 2019 CALIFORNIA PLUMBING CODE, 2019 CALIFORNIA FIRE CODE AND 2018 INTERNATIONAL SWIMMING POOL AND SPA CODE WITH CERTAIN AMENDMENTS, ADDITIONS AND DELETIONS THERETO THE SEAL BEACH CITY COUNCIL DOES ORDAIN AS FOLLOWS: Section 1. Findings. A. California law requires that on January 1, 2020, all portions of the 2020 California Code of Regulations Title 24 will be effective within the City: and, B. The City may amend the provisions of the California Code of Regulations Title 24 provided express findings for each amendment, addition or deletion is made based upon climatic, topographical or geological conditions. C. The City shall file the amendments, additions or deletions shall be filed with California Building Standards Commission. D. The City of Seal Beach is located in a densely populated coastal area in the northwest portion of Orange that is more prone to high winds, earthquakes, and fire, more difficult for firefighters to access than many other areas in California. E. The Building Official has recommended modifying certain Parts of California Code of Regulations Title 24 due to local conditions in the City of Seal Beach. F. The findings supporting the necessity for the amendments to building standards herein are contained in Attachment A to this ordinance in accordance with California Health and Safety Code Section 18941.5 and are incorporated by reference herein. G. In accordance with Section 15061(b)(3) of Title 14 of the California Code of Regulations, the adoption of local amendments to the California Building Standards Code, and amending the Seal Beach Municipal Code, are exempt from the provisions of the California Environmental Quality Act. Section 2. The purpose of this ordinance is to adopt by reference and amend the California Code of Regulations, Title 24, Part 2 California Building Code, Part 2.5 California Residential Code, Part 3 California Electrical Code, Part 4 California Mechanical Code, Part 5 California Plumbing code and Part 9 California Fire Code and International Pool and Spa Code. Therefore, the Seal Beach Municipal Code is hereby amended by repealing Section 9.60.020 California Codes Adopted by Reference and Amended and 9.60.040 Pool and Spa Code from Chapter 9.60 and substituting with new Section 9.60.020 California Codes Adopted by Reference and Amended and 9.60.040 Pool and Spa Code all to read as follows: Ordinance Number xxxx 2 CHAPTER 9.60 BUILDING CODE 9.60.020 CALIFORNIA CODES ADOPTED BY REFERENCE AND AMMENDED 9.60.020.010 BUILDING CODE ADOPTED BY REFERENCE AND AMENDED 9.60.020.010.10 CALIFORNIA BUILDING CODE ADOPTED BY REFERENCE Chapter 1 through 35 and Appendices F, I and J of 20162019 California Building Code, Title 24 Part 2 of California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except that those certain sections thereof which are necessary to meet local conditions as hereinafter set forth in Section 9.60.020.010.20 of this Code are hereby repealed, added or amended to read as set forth therein. The administration of the Building Code shall be as set forth in Section 9.60.010 of this Code. Not less than one copy of said 20162019 California Building Code, Title 24 Part 2 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Building Code and may be cited as Section 9.60.020.010 of the Seal Beach Municipal Code. 9.60.020.010.20 CALIFORNIA BUILDING CODE AMENDED Chapter 1, 9, and 18 of 20162019 California Building Code, Title 24 Part 2 of California Code of Regulations adopted by reference as the Building Code of the City of Seal Beach, are hereby amended, deleted or added as follows: 1- Chapter 1 Division II is deleted in its entirety. 2- Chapter 9 is amended in its entirety to read: Chapter 9 FIRE PROTECTION SYSTEMS. Chapter 9 of Building Code is deleted in its entirety and replaced with Chapter 9 of the California Fire Code as adopted and amended by City of Seal Beach Municipal Code Section 9.60.020.060 3- Section 1807.1.6 is amended in its entirety to read: 1807.1.6 Prescriptive design of concrete and masonry foundation walls. Concrete and masonry foundation walls that are laterally supported at the top and bottom shall be permitted to be designed and constructed in accordance with this section. Prescriptive design of foundation walls shall not be used for structures assigned to Seismic Design Category D, E or F. 9.60.020.020 RESIDENTIAL CODE ADOPTED BY REFERENCE AND AMENDED 9.60.020.020.10 CALIFORNIA RESIDENTIAL CODE ADOPTED BY REFERENCE Ordinance Number xxxx 3 Chapters 2 through 10, Chapter 44 and Appendix H, J O , Q, R and S of 20162019 California Residential Code, Title 24 Part 2.5 of California Code of Regulations, and Appendix J of 20162019 California Building Code, Title 24 Part 2 of California Code of Regulations as published by the California Building Standards Commission, are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except that those certain sections thereof which are necessary to meet local conditions as hereinafter set forth in Section 9.60.020.020.20 of this Code are hereby repealed, added or amended to read as set forth therein. The administration of the Residential Code shall be as set forth in Section 9.60.010 of this Code. Not less than one copy of said 20162019 California Residential Code, Title 24 Part 2.5 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Residential Code and may be cited as Section 9.60.020.020 of the Seal Beach Municipal Code. 9.60.020.020.20 CALIFORNIA RESIDENTIAL CODE AMENDED Chapter 3, 6, 10 and Appendix O of 20162019 California Residential Code, Title 24 Part 2.5 of California Code of Regulations adopted by reference as the Residential Code of the City of Seal Beach, are hereby amended, deleted or added as follows: 1- Section R301.1.1.3.2 is amended in its entirety to read: R301.1.1.3.2 Wood Frame Structures. The Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than two stories and basement in height located in Seismic Design Category A, B, or C. Notwithstanding other sections of law, the law establishing these provisions is found in Business and Professions Code Sections 5537 and 6737.1. The Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than one story in height or with a basement located in Seismic Design Category D0, D1, or D2 or E. 2- A new Section R301.1.1.4 is added to read: R301.1.4 Seismic design provisions for buildings constructed on or into slopes steeper than one unit vertical in three units horizontal (33.3 percent slope). The design and construction of new buildings and additions to existing buildings when constructed on or into slopes steeper than one unit vertical in three units horizontal (33.3 percent slope) shall comply with Section 1613.8 of the Building Code. 3- Table R301.2(1) is amended in its entirety to read as follows: Table R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA Speed d (mph) Topographic effects k Weathering a Frost line Depth b Termite c Zero 85 No D2 or E Negligible 12-24”Very Heavy 43 No See Exhibit B 0 60 FLOOD HAZARDS g AIR FREEZING INDEX i MEAN ANNUAL TEMP j GROUND SNOW LOAD WIND DESIGN SEISMIC DESIGN CATEGORY f SUBJECT TO DAMAGE FROM WINTER DESIGN TEMP e ICE BARRIER UNDERLAYMENT REQUIRED h Ordinance Number xxxx 4 For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index (i.e., “negligible,” “moderate” or “severe”) for concrete as determined from the Weathering Probability Map [Figure R301.2(3)]. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652. b. The frost line depth may require deeper footings than indicated in Figure R403.1(1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade. c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R30l.2( 4)].Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4. e. The outdoor design dry-bulb temperature shall be selected from the columns of 97 1/2- percent values for winter from Appendix D of the California Plumbing Code. Deviations from the Appendix D temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official. f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1. g. The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction’s entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas), (b) the date(s) of the Flood Insurance Study and (c) the panel numbers and dates of all currently effective FIRMs and FBFMs or other flood hazard map adopted by the authority having jurisdiction, as amended. h. In accordance with Sections R905.2.7.1, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with “YES.” Otherwise, the jurisdiction shall fill in this part of the table with “NO.” i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the l00-year (99%) value on the National Climatic Data Center data table “Air Freezing Index- USA Method (Base 32°)” at www.ncdc.noaa.gov/fpsf.html. j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table “Air Freezing Index-USA Method (Base 32°F)” at www.ncdc.noaa.gov/fpsf.html. k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with “YES.” Otherwise, the jurisdiction shall indicate “NO” in this part of the table. 4-A new Section R301.9 added to read: R301.9 Fuel Modification Requirements for New Construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for new Construction Fuel Modification Plans and Maintenance Program.” Ordinance Number xxxx 5 5- Section R309.6 Exception amended in its entirety to read: Exception: An automatic residential fire sprinkler system shall not be required when additions or alterations are made to existing carports and/or garages that do not have an automatic fire sprinkler system installed unless a sprinkler system is required in accordance with California Fire Code Section 903.2.8. 6-2-Section R313 Automatic Fire Sprinkler System is amended in its entirety to read: R313 Automatic Fire Sprinkler System. Section 903 of the Chapter 9 of Seal Beach Fire Code (Title 9 Chapter 9.60 Section 9.60.020.060 Fire Code) is adopted by reference to be the section R313 of the Residential Code. Ordinance Number xxxx 6 7-Section R319.1 is amended in its entirety to read: Ordinance Number xxxx 7 R319 Site Address. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches in height with a stroke width of not less than 0.5 inch. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained. 8- Section R337.1.3 is amended in its entirety to read: R337.1.3 Application. New buildings located in any Fire Hazard Severity Zone or any Wildland-Urban Interface Fire Area designated by the enforcing agency constructed after the application date, and additions to and remodel of buildings constructed before 2012 located in areas currently designated as such, shall comply with the provisions of this chapter. The provisions shall also apply to additions, remodels, and accessory structures located within 100 feet of a fuel modification zone, vegetation management area, or similar area containing hazardous combustible vegetation, regardless of whether the property is currently located in a designated Fire Hazard Severity Zone or Wildland-Urban Interface Area, when materials and/or construction methods for exterior wildfire exposure were previously required at the property by the Building or Fire Code Official. Exceptions: 1- Buildings of an accessory character classified as a Group U occupancy and not exceeding 120 square feet in floor area, when located at least 30 feet from an applicable building. 2- Buildings of an accessory character classified as a Group U occupancy of any size located at least 50 feet from an applicable building. 3- Buildings classified as a Group U Agricultural Building, as defined in Section 202 of this code (see also Appendix C – Group U Agricultural Buildings), when located at least 50 feet from an applicable building. 9-A new Section R337.1.6 is added to read: R337.1.6 Fuel Modification Requirements for New Construction. All new buildings to be built or installed in a Wildfire Risk Area shall comply with the following: 1. Preliminary fuel modification plans shall be submitted to and approved by the fire code official prior to or concurrently with the approval of any tentative map. 2. Final fuel modification plans shall be submitted to and approved by the fire code official prior to the issuance of a grading permit. 3. The fuel modification plans shall meet the criteria set forth in the Fuel Modification Section of OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.” 3.1. The fuel modification plan shall include provisions for the maintenance of the fuel modification in perpetuity. Ordinance Number xxxx 8 4. The fuel modification plan may be altered if conditions change. Any alterations to the fuel modification areas shall have prior approval from the fire code official. 5. All elements of the fuel modification plan shall be maintained in accordance with the approved plan and are subject to the enforcement process outlined in the Fire Code. 10.Table R602.10.3(3) is amended in its entirety to read: Ordinance Number xxxx 9 11. A new Section R1001.13 is added to read: R1001.13 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices shall comply with this section. Exception: Barbeques, grills, and other portable devices intended solely for cooking R1001.13.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester in accordance with Section R1003.9.2. R1001.13.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas. Fireplaces burning wood or other solid fuel shall be constructed in accordance with Section R1001. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks. The burning of wood or other solid fuel in a device is not allowed within 15 feet of combustible structures, unless within a permanent or portable fireplace. R1001.13.3 Where prohibited. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone. Wood and other solid fuel burning fires in devices other than permanent fireplaces are not allowed within Wildfire Risk Areas (WRA) and adopted Fire Hazard Severity Zones (FHSZ) or in locations where conditions could cause the spread of fire to the WRA or FHSZ, unless determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire. 12. Appendix O is amended in its entirety to read: AO103.3 Vehicular gates or other barriers across required fire apparatus access roads. The installation of gates or other barriers across a required fire apparatus access road shall be approved by the fire code official. Gates or barriers shall be in accordance with Orange County Fire Authority Guideline B-09 “Fire Master Plans for Commercial and Residential Development”. 9.60.020.030 ELECTRICAL CODE ADOPTED BY REFERENCE 9.60.020.030 CALIFORNIA ELECTRICAL CODE ADOPTED BY REFERENCE 89.102 through 89.114 of Article 89, Article 90, Chapters 1 through 9, and Annexes A, B, C,D,E,F,G,H, I and J of 20162019 California Electrical Code, Title 24 Part 3 of California Code of Regulations, is hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein. The administration of the Electrical Code shall be as set forth in Section 9.60.010 of this Code. Ordinance Number xxxx 10 Not less than one copy of said 20162019 California Electrical Code, Title 24 Part 3 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Electrical Code and may be cited as Section 9.60.020.030 of the Seal Beach Municipal Code. 9.60.020.040 MECHANICAL CODE ADOPTED BY REFERENCE 9.60.020.040 CALIFORNIA MECHANICAL CODE ADOPTED BY REFERENCE Division I Sections 1.2.0 through 1.14.0 of Chapter 1, Chapters 2 through 17 and Appendices B, C and D of 20162019 California Mechanical Code, Title 24 Part 4 of California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein. The administration of the Mechanical Code shall be as set forth in Section 9.60.010 of this Code. Not less than one copy of said 20162019 California Mechanical Code, Title 24 Part 4 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Mechanical Code and may be cited as Section 9.60.020.040 of the Seal Beach Municipal Code. 9.60.020.050 PLUMBING CODE ADOPTED BY REFERENCE 9.60.020.050 CALIFORNIA PLUMBING CODE ADOPTED BY REFERENCE Division I Sections 1.2.0 through 1.14.0 of Chapter 1, Chapters 2 through 17 and Appendices A, B,D,H,I and J of 20162019 California Plumbing Code, Title 24 Part 5 of California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein. The administration of the Plumbing Code shall be as set forth in Section 9.60.010 of this Code. Not less than one copy of said 20162019 California Plumbing Code, Title 24 Part 5 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Plumbing Code and may be cited as Section 9.60.020.050 of the Seal Beach Municipal Code. 9.60.020.060 FIRE CODE ADOPTED BY REFERENCE AND AMENDED 9.60.020.060.10 CALIFORNIA FIRE CODE ADOPTED BY REFERENCE Ordinance Number xxxx 11 Chapters 1 Division I and Division II, Chapters 2 through 80 and Appendices B, BB, C, and CC, and H of 20162019 California Fire Code, Title 24 Part 9 of California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except that those certain sections thereof which are necessary to meet local conditions as hereinafter set forth in Section 9.60.020.060.20 of this Code are hereby repealed, added or amended to read as set forth therein. Not less than one copy of said 20162019 California Fire Code, Title 24 Part 9 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Fire Code and may be cited as Section 9.60.020.060 of the Seal Beach Municipal Code. 9.60.020.060.20 CALIFORNIA FIRE CODE MODIFIED Chapter 1, 2, 3, 4, 5, 9, 12, 28, 49, 50, 56, 57, 58 and 80 of 20162019 California Fire Code, Title 24 Part 9 of California Code of Regulations adopted by reference as the Fire Code of the City of Seal Beach, are hereby amended, deleted or added as follows: 1- Division II Section 101.1 is amended in its entirety to read: 101.1 Title. These regulations shall be knowns the Fire Code of City of Seal Beach hereinafter referred to as “this code” 2- Division II Section 109110.4 is amended to read: 109110.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or shall fail to comply with any issued orders or notices or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be subject to penalties assessed as prescribed in the OCFA Prevention Field Services adopted fee schedule. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 3- A new Division II Section 1109.4.2 is added to read: 1109.4.2 Infraction and misdemeanor. Persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction. Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the chief or a duly authorized representative are guilty of a misdemeanor. 4- Section 202 is amended to add the following definitions; OCFA: Orange County Fire Authority, fire authority having jurisdiction. SKY LANTERN. An airborne lantern typically made of paper, Mylar, or other lightweight material with a wood, plastic, or metal frame containing a candle, fuel cell, or other heat source that provides buoyancy. SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions: Ordinance Number xxxx 12 1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366. 2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter 28. 5- Section 304.1.2 is amended in its entirety to read as follows: 304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Chapter 49. Type, amount, arrangement, and maintenance of vegetation in a fuel modification area, interior slope, or similarly hazardous area shall be in accordance with OCFA Guideline C-05 “Vegetation Management Guideline—Technical Design for New Construction, Fuel Modification Plans, and Maintenance Program.”Type, amount, or arrangement of weeds, grass, vines or other growth that is capable of being ignited and endangering property needing to comply with OCFA Guidelines, shall be cut, thinned, and removed by the owner or occupant of the premises in accordance with OCFA Guideline C-05 “Vegetation Management Guideline—Technical Design for New Construction, Fuel Modification Plans, and Maintenance Program. Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Chapter 49. 6- A new Section 305.6 is added to read: 305.6 Hazardous conditions. Outdoor fires burning wood or other solid fuel are not allowed when any of the following conditions applies: 1. when predicted sustained winds exceed 8 MPH and relative humidity is less than 25%, or a red flag condition has been declared 2. when an official sign was caused to be posted by the fire code official, or a public announcement is made No outdoor fires using any fuel type are permitted when predicted sustained winds exceed 20 MPH or when such fires present a hazard as determined by the fire code official. Outdoor fires are not allowed when predicted sustained winds exceed 8 MPH during periods when relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official. 7- A new Section 305.7 is added to read: 305.7 Disposal of rubbish. Rubbish, trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1. 8- A new Section 307.6 added to read: 307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R shall comply with this section. Exception: Barbeques, grills, and other portable devices intended solely for cooking. 9- A new Section 307.6.1 added to read: Ordinance Number xxxx 13 307.6.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction and vegetation shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten feet. Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester as defined in Section 202. 10- A new Section 307.6.2 added to read: 307.6.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas. Permanent outdoor fireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code with clearance from combustible construction and building openings as required therein. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks. The burning of wood or other solid fuel in a device is not allowed within 25 feet of combustible structures unless within an approved permanent fireplace, Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308. Exceptions: 1. Portable fireplaces and fire rings/pits equipped with a device to arrest sparks shall be located at least 3’ from combustible construction at R-3 occupancies, 2. Portable fireplaces, and fire pits/rings equipped with a device to arrest sparks, shall be located at least 15 feet from combustible structures at other R occupancies. 11- A new Section 307.6.2.1 added to read: 307.6.2.1 Where prohibited. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone. Wood and other solid fuel burning fires in devices other than permanent fireplaces are not allowed within Wildfire Risk Areas (WRA) and Wildland-Urban Interface Areas (WUI) or in locations where conditions could cause the spread of fire to the WRA or WUI unless determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone, Wildfire Risk Area (WRA), Wildland-Urban Interface Area (WUI), or in locations where conditions could cause the spread of fire to the WRA or WUI. Exceptions: 1.Permanent fireplaces that are not located in a fuel modification zone 2.Where determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire. 12- Section 308.1.6.3 Sky lanterns is hereby amended to read: 308.1.6.3 Sky lanterns. A person shall not ignite, release, or cause to be released a sky lantern. Ordinance Number xxxx 14 12- A new Section 309.2.1 added to read: 309.2.1 Indoor charging of electric carts/cars. Indoor charging of electric carts/cars where the combined volume of all battery electrolyte exceeds 50 gallons shall comply with following: 1. Spill control and neutralization shall be provided and comply with Section 608.5. 2. Room ventilation shall be provided and comply with Section 608.6.1 3. Signage shall be provided and comply with Section 608.7.1 4. Smoke detection shall be provided and comply with Section 608.9. 13- A new Section 320 321 added to read: 320 321 Fuel Modification Requirements for New Construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.” 14- A new Section 3212 added to read: 3212 Clearance of brush or vegetation growth from roadways. The fire code official is authorized to cause areas within 10 feet (3048 mm) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow-line or the end of the improved edge of the roadway surfaces. Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire. 15- A new Section 3223 added to read: 3223 Unusual circumstances. The fire code official may suspend enforcement of the vegetation management requirements and require reasonable alternative measures designed to advance the purpose of this code if determined that in any specific case that any of the following conditions exist: 1. Difficult terrain. 2. Danger of erosion. 3. Presence of plants included in any state and federal resources agencies, California Native Plant Society and county-approved list of wildlife, plants, rare, endangered and/or threatened species. 4. Stands or groves of trees or heritage trees. 5. Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical. 16- A new Section 3234 added to read: 3234 Use of equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester as defined in Section 202 maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire. Exceptions: Ordinance Number xxxx 15 1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California. 2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition 17- A new Section 324.1 Use of Equipment and Devices Generating Heat, Sparks or Open Flames added to read: 324.1 Equipment and devices generating heat, sparks or open flames. During any time of the year within Wildfire Risk Areas, within or immediately adjacent to any forest- or brush-covered land or non-irrigated grass-covered land, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following: 1. First clearing away all flammable material, including snags, from the area around such operation for a distance of 30 feet or other approved method to reduce fire spread into the wildlands. If 30-foot clearing cannot be achieved, then an alternate method shall be approved by the AHJ prior to work starting. 2. Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and one backpack pump water-type fire extinguisher fully equipped and ready for use at the immediate area during the operation. 3. Stop work when winds are 8 MPH or greater during periods when relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official. 4. Keep a cell phone nearby and call 911 immediate in case of fire. 17-18-A new Section 3234.1 2 added to read: 3234.1 2 Spark arresters. Spark arresters shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 324 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.Spark arresters shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 323 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material. 18- A new Section 324 added to read: 324 Sky Lanterns or similar devices. The ignition and/or launching of a Sky Lantern or similar device is prohibited. 19- Sections 404.5 through 404.6.6 of Chapter 4 California Fire Code is adopted as published by California Building Standards Commission. 20-19-Section 407.5 is amended in its entirety to read: 407.5 Hazardous Materials Inventory Statement. Where required by the fire code official, each application for a permit shall include OCFA’s Chemical Classification Packet in accordance with Section 5001.5.2. Ordinance Number xxxx 16 21-20-Section 501.1 is amended in its entirety to read: 501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and, where required by the fire code official, with OCFA Guideline B-09, “Fire Master Plan for Commercial & Residential Development.” Fire service features for buildings, structures and premises located in State Responsibility Areas, and Local Responsibility Areas designated as Very High Hazard Fire Severity Zone shall also comply with OCFA Guideline B-09a, “Fire Safe Development in State Responsibility Areas, and Local Responsibility Areas designated as Very High Hazard Fire Severity Zone”. Fire service features for buildings, structures and premises shall comply with this chapter and, where required by the fire code official, with OCFA Guideline B-09, “Fire Master Plan for Commercial & Residential Development.” Fire service features for buildings, structures and premises located in State Responsibility Areas shall also comply with OCFA Guideline B-09a, “Fire Safe Development in State Responsibility Areas.” 22-21-Section 510.1 is amended in its entirety to read: 510.1 Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems utilized by the jurisdiction, measured at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. The Emergency Responder Radio Coverage System shall comply with the Orange County Sheriff’s Department, Communications and Technology Division guidelines and specifications and, where the functionality or performance requirements in the California Fire Code are more stringent, this code. Exceptions: 1. In buildings or structures where it is determined by the fire code official that the radio coverage system is not needed, including but not limited to the following: a. Existing buildings or structures, unless required by the Building Official and OCFA for buildings and structures undergoing extensive remodel and/or expansion. b. Elevators. c. Structures that meet all of the following: i. Three stories or less, and ii. Do not have subterranean storage or parking, and iii. Do not exceed 50,000 square feet on any single story. d. Structures that meet all of the following: i. Residential structures four stories or less, and ii. Constructed of wood, and iii. Do not have subterranean storage or parking, and iv. Are not built integral to an above ground multi-story parking structure. Should a structure that is three stories or less and 50,000 square feet or smaller on any single story include subterranean storage or parking, then this ordinance shall apply only to the subterranean areas. 2. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal Ordinance Number xxxx 17 operations of the facility, the fire code official shall have the authority to accept an automatically activated emergency radio coverage system. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. The Emergency Responder Radio Coverage System shall comply with the local authority having jurisdiction’s ordinance and this code. Exceptions: Where it is determined by the fire code official that the radio coverage system is not needed. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of that facility, the fire code official shall have the authority to accept an automatically activated emergency radio coverage system. This section shall not apply to the following: Existing buildings or structures, unless required by the Building Official and OCFA for buildings and structures undergoing extensive remodel and/or expansion. Elevators. Structures that are three stories or less without subterranean storage or parking and that do not exceed 50,000 square feet on any single story. Wood-constructed residential structures four stories or less without subterranean storage or parking that are not built integral to an above ground multi-story parking structure. Should construction that is three stories or less that does not exceed 50,000 square feet on any single story include subterranean storage or parking, then this ordinance shall apply only to the subterranean areas. 22-Section 510.2 Emergency responder radio coverage in existing buildings is deleted in its entirety. 23- Section 510.3 Permit required is deleted in its entirety. 23- Section 510.4.2.2 is amended in its entirety to read: 510.4.2.2 Technical criteria. The fire code official shall maintain a document providing the specific technical information and requirements for the emergency responder radio coverage system. This document shall contain, but not be limited to, the various frequencies required, the location of radio sites, effective radiated power of radio sites, and other supporting technical information. 1. The frequency range supported from the 800 MHz Countywide Communications System shall be 851-869 MHz (base transmitter frequencies). 2. The frequency range supported to the 800 MHz Countywide Communications System shall be 806-824 MHz (radio field transmit frequencies). 3. A public safety radio amplification system shall include filters to reject frequencies below 851 MHz and frequencies above 869 MHz by a minimum of 35dB. 4. All system components must be 100 percent compatible with analog and digital modulations after installation without adjustments or modifications. The systems must be capable of encompassing the frequencies stated herein and capable of future modifications to a frequency range subsequently established by the jurisdiction. 5. Active devices shall have a minimum of -50 dB 3rd order intermodulation protection. Ordinance Number xxxx 18 6. All active in-building coverage devices shall be FCC Part 90 Type Certified 24- Section 510.5.1 is amended in its entirety to read: 510.5.1 Approval prior to installation. Amplification systems capable of operating on frequencies licensed to any public safety agency by the FCC shall not be installed without prior plan submittal, coordination and approval from Orange County Communications and a copy of the approved plan provided to of the fire and building code officials. 25- Section 510.5.2 is amended in its entirety to read: 510.5.2 Minimum qualifications of personnel. The minimum qualifications of the system designer and lead installation personnel shall include both of the following: 1. A valid FCC-issued general radio operator’s license. 2. Certification of in-building system training issued by a nationally recognized organization, school or a certificate issued by the manufacturer of the equipment being installed. 26- Section 510.5.3 item 7 is amended in its entirety to read: 7. As part of the installation a spectrum analyzer or other suitable test equipment shall be utilized to ensure spurious oscillations are not being generated by the subject signal booster. This test shall be conducted at the time of installation and subsequent annual inspections by the FCC licensed technician hired by the property owner and an OCSD/Communications Division FCC-certified technician. 27- Section 510.6.1 is amended in its entirety to read: 510.6.1 Testing and proof of compliance. The owner of the building or their representative shall have the emergency responder radio coverage system inspected and tested annually or where structural changes occur including additions or remodels that could materially change the original field performance tests. Testing shall consist of the following: 1. In-building system components shall be tested to determine general functional operability. 2. Signal boosters shall be tested to ensure that the gain is the same as it was upon initial installation and acceptance. 3. Backup batteries and power supplies shall be tested under load of a period of one hour to verify that they will properly operate during an actual power outage. If within the 1- hour test period the battery exhibits symptoms of failure, the test shall be extended for additional 1-hour periods until the integrity of the battery can be determined. 4. Other active components shall be checked to verify operation within the manufacturer’s specifications. 5. If noncompliance is found, the FCC licensed technician will assess improvements necessary and provide such information to OCSD Communications and the fire and building code officials. 6. At the conclusion of the testing, a certification report, which shall verify compliance with Section 510.5.3, shall be submitted to OCSD Communications and the fire and building code officials. 28-24-Section 903.2 is amended in its entirety to read: Ordinance Number xxxx 19 903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided when one of the following conditions exists: 1.New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.19, an automatic fire-extinguishing system shall also be installed in all occupancies when the total building area exceeds 5,000 square feet as defined in Section 202, regardless of fire areas or allowable area, or is more than two stories in height. Exception: Subject to approval by the Fire Code Official, open parking garages in accordance with Section 406.5 of the California Building Code. 2. Existing Buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and one of the following conditions exists: a. When an addition is 33% or more of the existing building area, and the resulting building area exceeds 5000 square feet b.a.When an addition exceeds 2000 square feet and the resulting building area exceeds 5000 square feet. c. An additional story is added above the second floor regardless of fire areas or allowable area. Exception: Existing Group R-3 occupancies shall comply with Section 903.2.8 (2). 29-25-Section 903.2.8 is amended in its entirety to read: 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows: 1.New Buildings: An automatic sprinkler system shall be installed throughout all new buildings, including attached garages. 2.Existing R-3 Buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists: a. All existing Group R occupancies and U-1 garages when the total floor area is increased by 50% of the existing area over a 2-year period. b.a.All existing Group R occupancies and U-1 garages when the total area is increased by 750 square feet or more. over a 2-year period. c. All existing Group R occupancies and U-1 garages when an additional story is added to the structure regardless of the area involved. d.b.An automatic sprinkler system shall be installed throughout any existing Group R Occupancy building when the floor area of the Alteration or Combination of an Addition and Alteration, within any two year period, is 50% or more of area/value of the existing structure and where the scope of the work exposes building framing and facilitates sprinkler installation and is such that the Building/Fire Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building. e.c.Any addition to an existing building which has fire sprinklers installed. Ordinance Number xxxx 20 Exceptions: 1. Existing Group R-3 occupancies converted to Group R-3.1 occupancies not housing bedridden clients, not housing nonambulatory clients above the first floor and not housing clients above the second floor. 2. Existing Group R-3 occupancies converted to Group R-3.1 occupancies housing only one bedridden client and complying with Section 425.8.3.3. 3. Pursuant to Health and Safety Code Section 13113 occupancies housing ambulatory children only, none of whom are mentally ill or mentally retarded, and the buildings or portions thereof in which such children are housed are not more than two stories in height, and buildings or portions thereof housing such children have an automatic fire alarm system activated by approved smoke detectors. 4. Pursuant to Health and Safety Code Section 13143.6 occupancies licensed for protective social care which house ambulatory clients only, none of whom is a child (under the age of 18 years), or who is elderly (65 years of age or over). When not used in accordance with Section 504.2 or 506.3 an automatic sprinkler system installed in accordance with Section 903.3.1.2 shall be allowed in Group R-2.1 occupancies. An automatic sprinkler system designed in accordance with Section 903.3.1.3 shall not be utilized in Group R-2.1 or R-4 occupancies. 30-26-A new Section 903.3.5.3 is added to read: 903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity. Exception: When static pressure exceeds 100 psi, and required by the Fire Code Official, the fire sprinkler system shall not exceed water supply capacity specified by Table 903.3.5.3. 90100 110 120 130 140 150 PSI 85 80 75 Design % TABLE 903.3.5.3 Hydraulically Calculated Systems Ordinance Number xxxx 21 27- Section 1201.1.1 is amended in its entirety to read: 1201.1.1 Other Systems Where required by the fire code official, other systems and operations including but not limited to battery systems assembly, battery reconditioning and storage, research and development of battery storage systems, electric vehicle manufacturing and testing, and battery charging systems for cars and carts inside of buildings or structures, shall comply with this chapter. 31-28-Section 2801.2 is amended in its entirety to read: 2801.2 Permit. Permits shall be required as set forth in Section 105.6 and 105.6.29. 32-29-Section 2808.2 is amended in its entirety to read: 2808.2 Storage site. Storage sites shall be level and on solid ground, elevated soil lifts or other all-weather surface. Sites shall be thoroughly cleaned and approval obtained from the fire code official before transferring products to the site. 33-30-Section 2808.3 is amended in its entirety to read: 2808.3 Size of piles. Piles shall not exceed 15 feet in height, 50 feet in width and 100 feet in length. Exception: The fire code official is authorized to allow the pile size to be increased where a fire protection plan is provided for approval that includes, but is not limited to, the following: 1. Storage yard areas and materials-handling equipment selection, design and arrangement shall be based upon sound fire prevention and protection principles. 2. Factor that lead to spontaneous heating shall be identified in the plan, and control of the various factors shall be identified and implemented, including provisions for monitoring the internal condition of the pile. 3. The plan shall include means for early fire detection and reporting to the public fire department; and facilities needed by the fire department for fire extinguishment including a water supply and fire hydrants. 4. Fire apparatus access roads around the piles and access roads to the top of the piles shall be established, identified and maintained. 5. Regular yard inspections by trained personnel shall be included as part of an effective fire prevention maintenance program. Additional fire protection called for in the plan shall be provided and shall be installed in accordance with this code. The increase of the pile size shall be based upon the capabilities of the installed fire protection system and features. 34-31-Section 2808.4 is amended in its entirety to read: 2808.4. Pile separation. Piles shall be separated from adjacent piles by a minimum distance of 20 feet. Additionally, piles shall have a minimum separation of 100 feet from combustible vegetation. 35-32-Section 2808.7 is amended in its entirety to read: 2808.7 Pile fire protection. Automatic sprinkler protection shall be provided in conveyor tunnels and combustible enclosures that pass under a pile. Combustible conveyor systems and enclosed conveyor systems shall be equipped with an approved automatic sprinkler system. Oscillating sprinklers with a sufficient projectile reach are required to maintain a 40% to 60% moisture content and wet down burning/smoldering areas. Ordinance Number xxxx 22 36-33-Section 2808.9 is amended in its entirety to read: 2808.9 Material-handling equipment. All material-handling equipment operated by an internal combustion engine shall be provided and maintained with an approved spark arrester. Approved material-handling equipment shall be available for moving wood chips, hogged material, wood fines and raw product during fire-fighting operations. 37-34-A new Section 2808.11 is added to read: 2808.11 Temperature control. The temperature shall be monitored and maintained as specified in Sections 2808.11.1 and 2808.11.2. 2808.11.1 Pile temperature control. Piles shall be rotated when internal temperature readings are in excess of 165 degrees Fahrenheit. 2808.11.2 New material temperature control. New loads delivered to the facility shall be inspected and tested at the facility entry prior to taking delivery. Material with temperature exceeding 165 degrees Fahrenheit shall not be accepted on the site. New loads shall comply with the requirements of this chapter and be monitored to verify that the temperature remains stable. 38-35-A new Section 2808.12 is added to read: 2808.12 Water Availability. Facilities with over 2500 cubic feet shall provide a water supply. The minimum fire flow shall be no less than 500 GPM @ 20 psi for a minimum of 1 hour duration for pile heights up to 6 feet and 2 hour duration for pile heights over 6 feet. If there is no water purveyor, an alternate water supply with storage tank(s) shall be provided for fire suppression. The water supply tank(s) shall provide a minimum capacity of 2500 gallons per pile (maximum 30,000 gallons) for piles not exceeding 6 feet in height and 5000 gallons per pile (maximum 60,000) for piles exceeding 6 feet in height. Water tank(s) shall not be used for any other purpose unless the required fire flow is left in reserve within the tank at all times. An approved method shall be provided to maintain the required amount of water within the tank(s). 39-36-A new Section 2808.13 is added to read: 2808.13 Tipping areas shall comply with the following: 1. Tipping areas shall not exceed a maximum area of 50 feet by 50 feet. 2. Material within a tipping area shall not exceed 5 feet in height at any time. 3. Tipping areas shall be separated from all piles by a 20-foot-wide fire access lane. 4. A fire hydrant or approved fire water supply outlet shall be located within 150 feet of all points along the perimeter of the tipping area. 5. All material within a tipping area shall be processed within 5 days of receipt. 40-37-A new Section 2808.14 is added to read: 2808.14 Emergency Contact. The contact information of a responsible person or persons shall be provided to the Fire Department and shall be posted at the entrance to the facility for responding units. The responsible party should be available to respond to the business in emergency situation. Ordinance Number xxxx 23 41-38-Section 4906.3 is amended in its entirety to read: 4906.3 Requirements. Hazardous vegetation and fuels around all applicable buildings and structure shall be maintained in accordance with the following laws and regulations: 1. Public Resources Code, Section 4291. 2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3, Section 1299 (see guidance for implementation “General Guideline to Create Defensible Space”). 3. California Government Code, Section 51182. 4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1, Section 3.07. 5. OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.” 42-39-A new Section 4908 is added to read: 4908 Fuel Modification Requirements for New Construction. All new buildings to be built or installed in a Wildfire Risk Area shall comply with the following: 1. Preliminary fuel modification plans shall be submitted to and approved by the fire code official prior to or concurrently with the approval of any tentative map. 2. Final fuel modification plans shall be submitted to and approved by the fire code official prior to the issuance of a grading permit. 3. The fuel modification plans shall meet the criteria set forth in the Fuel Modification Section of OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.” 3.1 The fuel modification plan shall include provisions for the maintenance of the fuel modification in perpetuity. 4. The fuel modification plan may be altered if conditions change. Any alterations to the fuel modification areas shall have prior approval from the fire code official. 5.All elements of the fuel modification plan shall be maintained in accordance with the approved plan and are subject to the enforcement process outlined in the Fire Code. 43-40-Section 5001.5.2 is amended in its entirety to read: 5001.5.2 Hazardous Materials Inventory Statement (HMIS). Where required by the fire code official, an application for a permit shall include Orange County Fire Authority’s Chemical Classification Packet, which shall be completed and approved prior to approval of plans, and/or the storage, use or handling of chemicals on the premises. The Chemical Classification Packet shall include the following information: 1.Product Name. 2.Component. 3.Chemical Abstract Service (CAS) number. 4.Location where stored or used. 5.Container size. 6.Hazard classification. Ordinance Number xxxx 24 7.Amount in storage. 8.Amount in use-closed systems. 9.Amount in use-open systems. 44-41-A new Section 5003.1.1.1 is added to read: 5003.1.1.1 Extremely Hazardous Substances. No person shall use or store any amount of extremely hazardous substances (EHS) in excess of the disclosable amounts (see Health and Safety Code Section 25500 et al) in a residential zoned or any residentially developed property. 45-42-A new Section 5608.2 is added to read: 5608.2 Firing. All fireworks display, regardless of mortar, device, or shell size, shall be electrically fired. 46-43-A new Section 5608.3 is added to read: Section 5608.3 Application for Permit. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the fallout area based on 100 feet per inch of shell size, the location of all buildings, roads, and other means of transportation, the lines behind which the audience will be restrained, the location of all nearby trees, telegraph or telephone line, or other overhead obstructions shall be provided to OCFA. 44- A new Section 5701.1.1 is added to read: Section 5701.1.1 Mobile fueling. On-demand mobile fueling of Class I, II, and III liquids into the fuel tanks of vehicles is prohibited. 45- Section 5801.1 is amended in its entirety to read: Section 5801.1 Scope. The storage and use of flammable gases and flammable cryogenic fluids shall be in accordance with this chapter, NFPA 2 and NFPA 55. Compressed gases shall also comply with Chapter 53 and cryogenic fluids shall also comply with Chapter 55. Flammable cryogenic fluids shall comply with Section 5806. Hydrogen motor fuel-dispensing stations and repair garages and their associated above-ground hydrogen storage systems shall also be designed, constructed and maintained in accordance with Chapter 23. Mobile fueling of hydrogen-fueled vehicles shall comply with Section 5809. Mobile fueling of gaseous and liquid hydrogen, compressed natural gas (CNG), and liquefied natural gas (LNG) into the fuel tanks of vehicles is prohibited. Exceptions: 1. Gases used as refrigerants in refrigeration systems (see Section 605). 2. Liquefied petroleum gases and natural gases regulated by Chapter 61. 3. Fuel-gas systems and appliances regulated under the California Mechanical Code and the California Plumbing Code other than gaseous hydrogen systems and appliances. 4. Pyrophoric gases in accordance with Chapter 64. 47-46-NFPA 13, 2016 Edition, Standard for the Installation of Sprinkler Systems Section 6.7.3 is amended in its entirety to read: 6.7.3 Fire department connections (FDC) shall be of an approved type. The location shall be approved and be no more than 150 feet from a public hydrant. The FDC may be located within 150 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of 2½” inlets shall be approved by the fire code official. If acceptable to the water Ordinance Number xxxx 25 authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red or as approved. When the fire sprinkler density design requires more than 500 gpm (including inside hose stream demand), or a standpipe system is included, four 2½” inlets shall be provided. 48-47-NFPA 13, 2016 Edition, Standard for the Installation of Sprinkler Systems Section 8.3.3.1 is amended in its entirety to read: 8.3.3.1 When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick-response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted. Sprinklers in light hazard occupancies shall be one of the following: 1-Quick-response type as defined in 3.6.4.8 2-Residential sprinklers in accordance with the requirements of 8.4.5 3-Quick response CMSA sprinklers 4-ESFR sprinklers 5-Standard-response sprinklers used for modifications or additions to existing light hazard systems equipped with standard-response sprinklers 6-Standard-response sprinklers used where individual standard-response sprinklers are replaced in existing light hazard systems 48- NFPA 13, 2016 Edition, Standard for the Installation of Sprinkler Systems Section 8.15.1.2.7 is amended in its entirety to read: 8.15.1.2.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by fire code official. 49- NFPA 13, 2016 Edition, Standard for the Installation of Sprinkler Systems A new Section 11.1.1.1 is added to read: 11.1.1.1 When fire sprinkler systems are required in buildings of undetermined use other than warehouses, they shall be designed and installed to have a fire sprinkler density of not less than that required for an Ordinary Hazard Group 2 use, with no reduction(s) in density or design area. Warehouse fire sprinkler systems shall be designed to Figure 16.2.1.3.2 (d) curve “G”. Use is considered undetermined if a specific tenant/occupant is not identified at the time the sprinkler plan is submitted. Where a subsequent use or occupancy requires a system with greater capability, it shall be the responsibility of the occupant to upgrade the system to the required density for the new use or occupancy. 50- NFPA 13, 2016 Edition, Standard for the Installation of Sprinkler Systems A new Section 11.2.3.1.1.1 is added to read: 11.2.3.1.1.1 The available water supply for fire sprinkler system design shall be determined by one of the following methods, as approved by the fire code official: 1- Subtract the project site elevation from the low water level for the appropriate pressure zone and multiply the result by 0.433; 2- Use a maximum of 40 psi, if available; 3- Utilize the OCFA water-flow test form/directions to document a flow test conducted by the local water agency or an approved third party licensed in the State of California. Ordinance Number xxxx 26 51- NFPA 13D 2016 Edition, Standard for the Installation of Sprinkler Systems in One- and Two- Family Dwellings and Manufactured Homes Section 7.1.2 is amended in its entirety to read: 7.1.2 The sprinkler system piping shall not have separate control valves installed unless supervised by a central station, proprietary, or remote station alarm service.: 52- NFPA 14, 2013 Edition, Installation of Standpipe and Hose Systems Section 7.3.1.1 is amended in its entirety to read: 7.3.1.1 Class I and III Standpipe hose connections shall be unobstructed and shall be located not less than 18 inches or more than 24 inches above the finished floor. Class II Standpipe hose connections shall be unobstructed and shall be located not less than 3 feet or more than 5 feet above the finished floor. 53- NFPA 24, 2016 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances a new Section 6.2.8.1 is added to read: 6.2.8.1 All indicating valves controlling fire suppression water supplies shall be painted OSHA red. Exceptions: 1. Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted. 2. Where OS&Y valves on the detector check assembly are the only control valves, at least one OS&Y valve shall be painted red. 54- NFPA 24, 2016 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances Section 6.2.9 amended in its entirety to read: Section 6.2.9 All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated: 1. A post indicator valve installed not less than 40 ft (12 m) from the building (a) For buildings less than 40 ft (12 m) in height, a post indicator valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the post indicator valve. 2. A wall post indicator valve 3. An indicating valve in a pit, installed in accordance with Section 6.4 4. A backflow preventer with at least one indicating valve not less than 40 ft (12 m) from the building (a) For buildings less than 40 ft (12 m) in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the backflow preventer. 5. Control valves installed in a fire-rated room accessible from the exterior Ordinance Number xxxx 27 6. Control valves in a fire-rated stair enclosure accessible from the exterior 55- NFPA 24, 2016 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances A new Section 10.1.5 is added to read: 10.1.5 All ferrous pipe and joints shall be polyethylene encased per AWWA C150, Method A, B, or C. All fittings shall be protected with a loose 8-mil polyethylene tube or sheet. The ends of the tube or sheet shall extend past the joint by a minimum of 12 inches and be sealed with 2- inch-wide tape approved for underground use. Galvanizing does not meet the requirements of this section. Exception: 304 or 316 Stainless Steel pipe and fittings 56- NFPA 24, 2016 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances Section 10.4.1.1 is amended in its entirety to read: 10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion-retarding material after installation. Exception: Bolted joint accessories made from 304 or 316 stainless steel. 57- NFPA 24, 2016 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances a new Section 10.4.1.1.1 is added to read: 10.4.1.1.1 All bolts used in pipe-joint assembly shall be 316 stainless steel. 58- NFPA 24, 2016 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances Section 10.4.3.2 is amended in its entirety to read: 10.4.3.2 Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.4.3.2.1 through 10.4.3.2.4. 9.60.020.070 EFFECT OF ADOPTION The adoption of the City Building, Residential, Electrical, Mechanical, Plumbing, Fire Code and the repeal, addition or amendment of ordinances by this code shall not affect the following matters: (A) Actions and proceedings which began the effective date of this code. (B) Prosecution for ordinance violations committed before the effective date of this code. (C) Licenses and penalties due and unpaid at the effective date of this code, and the collection of these licenses and penalties. (D) Bonds and cash deposits required to be posted, filed or deposited pursuant to any ordinance. (E) Matters of record which refer to or are connected with ordinances the substances of which are included in this code; these references shall be construed to apply to the corresponding provisions of the code. 9.60.020.080 PENALTY; VIOLATIONS Ordinance Number xxxx 28 (A) General penalty; continuing violations. Every act prohibited or declared unlawful and every failure to perform an act required by this code is a misdemeanor or an infraction as set forth in the said respective pertinent sections of this code and any person causing or permitting a violation of any such section of said code shall be subject to the penalties ascribed to each such section as set forth herein. (B) Violations including aiding, abetting, and concealing. Every person who causes, aids, abets or conceals the fact of a violation of this code is guilty of violating this code. (C) Enforcement by civil action. In addition to the penalties provided herein, the said code may be enforced by civil action. Any condition existing in violation of this code is a public nuisance and may be summarily abated by the city. 9.60.040 Pool and Spa Code 9.60.040.010 INTERNATIONAL SWIMMING POOL AND SPA CODE ADOPTED BY REFERENCE AND AMENDED.Pool and Spa Code—Adopted by reference. 9.60.040.010.10 INTERNATIONAL SWIMMING POOL AND SPA CODE ADOPTED BY REFERENCE (A) 2018 International Swimming Pool and Spa Code as published by International Code Council, is hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the City of Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except that those certain sections thereof which are necessary to meet local conditions as hereinafter set forth in Section 9.60.040.020 of this Code are hereby repealed, added or amended to read as set forth therein. The administration of the International Swimming Pool and Spa Code shall be as set forth in Section 9.60.010 of this Code. (B) Not less than one copy of said 2018 International Swimming Pool and Spa Code together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Swimming Pool and Spa Code and may be cited as Section 9.60.040.010 of the Seal Beach Municipal Code. A. The City Council of the City of Seal Beach hereby adopts by reference the International Pool and Spa Code as published by the International Code Council and specified in Section 9.60.005.010 of Chapter 9.60 of Title 9 of this code, except such portions as are deleted, modified, or amended as set forth in this chapter. Said Code is adopted and incorporated as if fully set forth herein. B. The purpose of this code is to prescribe regulations for the protection of the public health and safety and to establish minimum regulations for pools and spas within the city. 9.60.040.010.20 INTERNATIONAL SWIMMING POOL AND SPA CODE AMENDED Ordinance Number xxxx 29 1. Chapter 1 is deleted in its entirety. 2. Chapter 2 the following definitions added to read: In addition to the definitions specified in Chapter 2 Section 202 of this Code, the following certain terms, phrases, words and their derivatives shall be construed as specified in this section. 1. Where the term International Building Code is used it shall be replaced with the term California Building Code. 2. Where the term International Residential Code is used it shall be replaced with the term California Residential Code. 3. Where the term International Plumbing Code is used it shall be replaced with the term California Plumbing Code. 4. Where the term International Energy Conservation Code is used it shall be replaced with the term California Energy Code. 5. Where the term International Fire Code is used it shall be replaced with the term California Fire Code. 6. Where the term International Fuel Gas Code is used it shall be replaced with the term California Plumbing Code. 7. Where the term International Mechanical Code is used it shall be replaced with the term California Mechanical Code. 8. Where the term NFPA 70 is used it shall be replaced with the term California Electrical Code. 9.60.040.020 Chapter 1 amended. The text within Chapter 1 is deleted and replaced with the following: Chapter 1 Administrative Provisions Section 101. For administrative provisions for this code, see Section 9.60.005.040. Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held out to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council of the City of Seal Beach hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsection, sentence clause, phrases or portions be declared valid or unconstitutionally. Section 4. Continuity. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Seal Beach Municipal Code, these provisions will be construed as continuations of those provisions and not as amendments of the earlier provisions. Section 5.Intent to Comply with Laws. The City Council intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance will be construed in light of that intent. Ordinance Number xxxx 30 Section 6. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. Section 7.Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law. Section 8.Effective Date. This Ordinance will take effect on January 1st, 2020. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 12nd day of November 2019. __________________________ Thomas Moore Mayor ATTEST: ___________________________ Gloria D. Harper City Clerk APPROVED AS TO FORM ___________________________ Craig A. Steele City Attorney ORDINANCE NO. XXXXXXX 31 ATTACHMENT A LOCAL AMENDMENT FINDINGS ORDINANCE NO. XXXXXXX 32 LOCAL AMENDMENT FINDINGS I. Climatic Conditions A. Orange County is located in a semi-arid Mediterranean type climate. It annually experiences extended periods of high temperatures with little or no precipitation. Hot, dry (Santa Ana) winds, which may reach speeds of 70 M.P.H. or greater, are also common to the area. These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagration). In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the County. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles will greatly impact the response time to reach an incident scene. B. The climate alternates between extended periods of drought and brief flooding conditions. Flood conditions may affect the Orange County fire Authority’s ability to respond to a fire or emergency condition. Floods also disrupt utility services to buildings and facilities within the County. C. Water demand in this densely populated area far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already-taxed water supply does not. California is projected to increase in population by nearly 10 million over the next quarter of a century with 50 percent of that growth centered in Southern California. Due to storage capacities and consumption, and a limited amount of rainfall future water allocation is not fully dependable. This necessitates the need for additional and on-site fire protection features. D. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high-density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire protection. The added protection of fire sprinkler systems and other fire protection features will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent. II. Topographical conditions A. Natural; slopes of 15 percent or greater generally occur throughout the foothills of Orange County. The elevation change caused by the hills creates the geological foundation on which communities with Orange County is built and will continue to build. With much of the populated flatlands already built upon, future growth will occur on steeper slopes and with greater constraints in terrain. B. Traffic and circulation congestion is an artificially created, obstructive topographical condition, which is common throughout Orange County. C. These topographical conditions combine to create a situation that places fire department response time to fire occurrences at risk and makes it necessary to provide ORDINANCE NO. XXXXXXX 33 automatic on-site fire-extinguishing systems and other protection measures to protect occupants and property. III. Geological Conditions The Orange County region is a densely populated area that has buildings constructed over and near a vast and complex network of faults that are believed to be capable of producing future earthquakes similar or greater in size than the 1994 Northridge and the 1971 Sylmar earthquakes. Earthquake faults run along the northeast and southwest boundaries of Orange County. The Newport-Inglewood Fault, located within Orange County was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude) which took 120 lives and damaged buildings in an area from Laguna Beach to Marina Del Rey to Whittier. In December 1989, another earthquake occurred in the jurisdiction of Irvine at an unknown fault line. Regional planning for reoccurrence of earthquakes is recommended by the state of California, Department of Conservation. A. Previous earthquakes have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. The October 17, 1989, Santa Cruz earthquake resulted in one major fire in the Marina District (San Francisco). When combined with the 34 other fires locally and over 500 responses, the department was taxed to its fullest capabilities. The Marina fire was difficult to contain because mains supplying water to the district burst during the earthquake. This situation creates the need for both additional fire protection and automatic on-site fire protection for building occupants. State Department of Conservation noted in their 1988 report (Planning Scenario on a Major Earthquake on the Newport-Inglewood Fault Zone, page 59), “unfortunately, barely meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe.” B. Road circulation features located throughout the County also make amendments reasonably necessary. Located through the County are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, street and storm drain design, accompanied by occasional heavy rainfall, causes roadway flooding and landslides and at times may make an emergency access route impassable. There are areas in Orange County that naturally have extended emergency response times that exceed the 5-minute goal. C. Soils throughout the County possess corrosive properties that reduce the expected usable life of water services when metallic pipes are in contact with soils. Due to the topographical conditions of sprawling development separated by waterways and narrow and congested streets and the expected infrastructure damage inherent in seismic zones described above, it is prudent to rely on automatic fire sprinkler systems to mitigate extended fire department response time and keep fires manageable with reduced fire flow (water) resources available for a given structure. Additional fire protection is also justified to match the current resources of firefighting equipment and personnel within the Orange County Fire Authority. ORDINANCE NO. XXXXXXX 34 2019 California Building Code Amendment Findings Legend 2019 California Residential Code Amendment Findings Legend 2019 California Fire Code Amendment Findings Legend CODE SECTION TITLE (Clarification)FINDINGS Chapter 1 Division II Administration Administrative Chapter 9 Fire Protection Systems I, II & III CODE SECTION TITLE (Clarification)FINDINGS R301.1.1.3.2 Wood Frame Structures III R313 Automatic Fire Sprinkler System I, II & III CODE SECTION TITLE (Clarification)FINDINGS 110.4 Violation penalties Administrative 110.4.2 Infraction & Misdemeanor Administrative 202 General definitions Administrative 304.1.2 OCFA Vegetation Management I 305.6 Hazardous conditions I & II 305.7 Disposal of rubbish I & II 307.6 Fire Pits, Fire Rings, & Outdoor Fireplaces Administrative 307.6.1 Gas-fueled devices I & II 307.6.2 Devices using wood or fuels other than natural gas or LPG I & II 307.6.2.1 Where prohibited I & II 308.1.6.3 Sky lanterns I & II 309.2.1 Indoor charging of electric cars Administrative 321 Fuel modification requirements for new construction I 322 Clearance of brush or vegetation growth from roadways I 323 Unusual circumstances Administrative 324 Use of equipment I 324.1 Use of Equipment and Devices Generating Heat, Sparks or Open Flames I 324.2 Sky Lanterns or similar devices I & II 407.5 Hazardous material inventory statement I & II 501.1 Scope Administrative, I, II & III 510.1 Emergency responder radio coverage Administrative 510.2 Emergency responder radio coverage in existing buildings Administrative 510.3 Permit required Administrative ORDINANCE NO. XXXXXXX 35 903.2 Where required (Sprinklers)I, II & III 903.2.8 Group R (Sprinklers)I, II & III 903.3.5.3 Hydraulically calculated systems I & II 1201.1.1 Other Systems Administrative 2801.2 Permit Administrative 2808.2 Storage site Administrative 2808.3 Size of piles I 2808.4 Pile separation I 2808.7 Pile fire protection I 2808.9 Material-handling equipment I 2808.11 Temperature control I 2808.11.1 Pile temperature control I 2808.11.2 New material temperature control I 2808.12 Water availability for piles I 2808.13 Tipping area I 2808.14 Emergency contact Administrative 4906.3 OCFA Vegetation Management Guideline I 4908 Fuel modification requirements for new construction I 5001.5.2 Hazardous materials inventory statement Administrative 5003.1.1.1 Extremely hazardous substances I & III 5608.2 Retail fireworks Administrative 5608.3 Application for permit Administrative 5701.1.1 On-Demand Mobile fueling Administrative, II & III Chapter 80 Reference Standards N/A 2016 NFPA 13 (Sprinkler Systems)Administrative, II & III 2016 NFPA 13-D (Single Family Sprinkler Systems)I & II 2013 NFPA 14 (Standpipe Systems)Administrative 2016 NFPA 24 (Underground Water Supply Systems)Administrative & III