Agenda packet — Seaside City Council, January 16, 2025 (part 1 of 2)

A G E N D A

CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/SUCCESSOR 440 HARCOURT AVE (COUNCIL CHAMBER) AGENCY TO THE Thursday, January 16, 2025
REDEVELOPMENT AGENCY 5:00 PM
__________________________________________________________________________________ NOTICE: The City Council will hold its public meetings in person, with a virtual option for public participation based on availability. The City of Seaside utilizes Zoom tele-conferencing technology for virtual public participation; however, we make no representation or warranty of any kind, regarding the adequacy, reliability, or availability of the use of this platform in this manner. Participation by members of public through this means is at their own risk. ___________________________________________________________________________________ _________________________________________________________________________________

1. To view this meeting: Please click on the following link to the City of Seaside YouTube Channel: https://www.youtube.com/c/CityofSeasideCalifornia

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3. To listen or participate by phone: Please call (669) 900-9128 Enter the WEBINAR ID: 819 3683 2059 when prompted. There is no participate code – press the pound sign # after the recording prompts you.

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Before the Meeting via Email: Written comments can be emailed to [email protected] Include the following subject line: “Public Comment Item #___” (insert the agenda item number relevant to your comment). Written comments must be received by 2:00 p.m. on the day of the meeting.

During the Meeting: When the Chair calls for public comment, members of the public participating in person and wishing to address the City Council may approach the podium when the Chair calls for public comment.

When the Chair calls for public comment, members of the public participating on Zoom and wishing to address the City Council can queue to speak with the “Raise Hand” feature. On the Zoom application, click the “Raise Hand” button. On the phone, press *9 to “Raise Hand”; press *6 to unmute.

5. In accordance with the City’s Remote Meeting Participation Policy for Public Comment: The City of Seaside reserves the right to refuse, limit, and/or revoke use of video conferencing technology and the option for virtual public participation. Granting use of the virtual participation in no way constitutes an endorsement of any person or group to display hateful conduct, including sending or posting hateful images, making violent threats, or targeting others with hateful or abusive speech. The City may remove any participate that violates its agreement or applicable policy with proper notice as outlined in the conditions of use/meeting access.

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City Council REGULAR Meeting January 16, 2025 5:00 PM Agenda Page 2

1. CALL TO ORDER

2. ROLL CALL – ESTABLISHMENT OF QUORUM
Ian N. Oglesby
David R. Pacheco
Alexis Garcia-Arrazola
Rita Burks
Alex Miller
Mayor/Chair
Mayor Pro Tem/Vice Chair
Council/Agency Member
Council/Agency Member
Council/Agency Member

3. INVOCATION AND PLEDGE OF ALLEGIANCE

4. REVIEW OF AGENDA
If there are any items that arose after the 72-hour posting deadline, this is the point in the meeting where a vote may be taken to add the item to the agenda. (A 2/3- majority vote is required).

5. CLOSED SESSION
Pursuant to Government Code Section 54956 et seq., the City Council and Successor Agency to Redevelopment Agency may adjourn to a Closed Session to consider specific matters dealing with litigation, certain personnel matters, property negotiations or to confer with the City Attorney. Public comments on these items are taken after being read by the City Attorney. For the public record, please state your name.

A. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE 54956.9 (D)(2)
One Matter of Potential Litigation

6. PUBLIC COMMENT
Members of the public wishing to address the City Council on matters within the jurisdiction of the City of Seaside, but not on this agenda, may do so during the Public Comment period for up to three (3) minutes. Public Comments for "Presentations" on this agenda are also taken at this time; comments on specific agenda items are heard under that item. For the public record, please state your name.

7. PUBLIC AGENCY COMMUNICATIONS
This is a time specifically set aside for representatives of public agencies to make brief comments of general interest to the City Council and the community.

A. SEASIDE CITY NEWS BROADCAST OF UPCOMING CITYWIDE EVENTS

AND COMMUNITY ANNOUNCEMENTS

8. PRESENTATIONS
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City Council REGULAR Meeting January 16, 2025 5:00 PM Agenda Page 3 A. FIREWORKS ACTIVITY AND UPDATE (CITY ATTORNEY SHERI DAMON) B. DOULA HUB PROGRAM (STEPHANIE ALFARO, PARENTING CONNECTION

OF MONTEREY COUNTY, COMMUNITY & PROVIDER OUTREACH

COORDINATOR)

9. CONSENT AGENDA
A. APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST OF
$3,000.00 FROM SEASIDE HIGH SCHOOL BOYS SOCCER TO ASSIST

WITH THE COST WITH PRACTICE EQUIPMENT AND TEAM APPAREL
RECOMMENDATION: Approve the request.

B. APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST OF
$3,000.00 FROM SEASIDE HIGH SCHOOL MUSIC DEPARTMENT TO

ASSIST WITH THE COST FOR TRANSPORTATION TO SONOMA STATE

UNIVERSITY
RECOMMENDATION: Approve the request.

C. APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST OF
$1,500.00 FROM CENTRAL COAST BOMBERS BASEBALL TO ASSIST WITH

THE COSTS FOR TRAVEL, LODGING, AND TOURNAMENT FEES
RECOMMENDATION: Approve the request.

D. APPROVE A CO-SPONSORSHIP AND FEE WAIVER REQUEST FROM DELTA SIGMA THETA SORORITY, INC. FOR USE OF OLDEMEYER CENTER FOR TWO COMMUNITY EVENTS IN 2025: A HEALTH CONFERENCE AND THE

ANNUAL JABBERWOCK PAGEANT & YOUTH ON PARADE EVENT IN THE AMOUNT OF $1,496.25
RECOMMENDATION: Approve a request from the Monterey Peninsula Alumnae Chapter of Delta Sigma Theta Sorority, Incorporated.

E. ENVIRONMENTAL SERVICES COOPERATIVE AGREEMENT (ESCA) REPORT COVERING ACTIVITIES FROM OCTOBER THROUGH DECEMBER 2024
RECOMMENDATION: Approve Environmental Services Cooperative Agreement (ESCA) report covering activities.

F. REVIEW AND ACCEPT ANNUAL REPORT ON USE OF DEVELOPMENT

IMPACT FEES
RECOMMENDATION: Accept the Annual Report.

G. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE

A FACILITY USE AGREEMENT WITH SEASIDE PONY BASEBALL AND Packet Page 3
City Council REGULAR Meeting January 16, 2025 5:00 PM Agenda Page 4 SOFTBALL FOR THEIR 2025 SEASON, AND AUTHORIZE WAIVING THE

FEES ASSOCIATED WITH THE USE OF THE SOPER, RUBIO AND CUTINO BASEBALL FIELDS, FOR THE AMOUNT OF $84,457.50
RECOMMENDATION: Adopt a resolution to approve the Facility Use Agreement with Seaside Pony Baseball and Softball for the use of the baseball fields.

H. ADOPT A RESOLUTION APPROVING AN AMENDMENT TO THE

PROFESSIONAL SERVICE AGREEMENT WITH PAVEMENT ENGINEERING INC. FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE 2024 HOT

SPOT PAVEMENT REPAIR PROJECT FOR AN AMOUNT NOT TO EXCEED $58,900.00
RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute an amendment to the professional services agreement with Pavement Engineering Inc. (PEI) for Construction Management Services for the 2024 Hot Spot Pavement Repair Project for an amount not to exceed $58,900.00 and authorize the City Manager to execute up to an additional 15% contingency for written amendments and extensions, such that the full value may not exceed $67,735.00.

I. ADOPT A RESOLUTION APPROVING AN AMENDMENT TO THE

PROFESSIONAL SERVICE AGREEMENT WITH CALIFORNIA PREMIER

RESTORATION FOR ON-CALL PROPERTY CLEAN-UP SERVICES FOR AN AMOUNT NOT TO EXCEED $33,440.77
RECOMMENDATION: Adopt a resolution to approve an amendment to the Professional Service Agreement with California Premier Restoration.

J. ADOPT A RESOLUTION APPROVING THE SPECIFICATIONS FOR THE 2025 GENERAL BUILDING ON CALL CONTRACT, AWARDING A NOT-TOEXCEED CONSTRUCTION CONTRACT TO THE TWO (2) LOW BIDDERS PUEBLO CONSTRUCTION INC, AND PRO-EX CONSTRUCTION INC. WITH AN ANNUAL FUNDING LIMIT OF $1,000,000.00 AND DIRECTING THE

PUBLIC WORKS DIRECTOR TO AUTHORIZE INDIVIDUAL WORK ORDERS RECOMMENDATION: Adopt a resolution awarding contracts for the 2025 OnCall Job Order (General Building) Contracts.

K. ADOPT A RESOLUTION APPROVING THE SPECIFICATIONS FOR THE 2025 GENERAL ENGINEERING ON CALL CONTRACT, AWARDING A NOTTO-EXCEED CONSTRUCTION CONTRACT TO THE TWO (2) LOW BIDDERS THE DON CHAPIN CO INC., AND A TEICHERT & SON, INC. WITH AN ANNUAL FUNDING LIMIT OF $1,000,000.00 AND DIRECTING THE

PUBLIC WORKS DIRECTOR TO AUTHORIZE INDIVIDUAL WORK ORDERS RECOMMENDATION: Adopt a resolution awarding contracts for the 2025 OnCall Job Order (General Engineering) Contracts.

L. ADOPT A RESOLUTION APPROVING THE FINAL MAP FOR PHASE 1

WITHIN THE CAMPUS TOWN SPECIFIC PLANNING AREA, SUBDIVISION Packet Page 4
City Council REGULAR Meeting January 16, 2025 5:00 PM Agenda Page 5 IMPROVEMENT AGREEMENT FOR PHASE 1A; AND ANNUAL REVIEW OF

THE DEVELOPMENT AGREEMENT
RECOMMENDATION: Adopt a resolution for the following actions:

1. Determine KB-Bakewell Seaside Venture II, LLC, is acting in good faith compliance with the provisions of the Development Agreement; and

2. Approve Campus Town Specific Plan Final Map Phase 1, a portion of Vesting Map VTM-01; and

3. Approve Draft Subdivision and Improvement Agreement for Phase 1A.

M. ADOPT A RESOLUTION TO MODIFY THE POSITION ALLOCATION LIST TO

ADD ONE ADMINISTRATIVE ANALYST I AND APPROVE COMPENSATION

PLANS FOR THE POSITION
RECOMMENDATION: Approve the changes to the Position Allocation List.

N. ADOPT A RESOLUTION APPROVING AN AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT WITH BELLINGER FOSTER

STEINMETZ FOR THE TRAIL MAINTENANCE STRATEGY FOR PERMITS

AND CONTINGENCY AND AUTHORIZING THE CONTRACT VALUE TO BE

INCREASED BY TWENTY ONE THOUSAND FOUR HUNDRED EIGHTY NINE DOLLARS ($21,489.00) TO BE FUNDED BY THE MONTEREY PENINSULA REGIONAL PARK DISTRICT ($7,163.00), CITY OF SEASIDE ($7,163.00), AND THE CITY OF MONTEREY ($7,163.00)
RECOMMENDATION: Adopt a resolution approving an amendment to the Professional Services Agreement with Bellinger Foster Steinmetz.

O. ADOPT A RESOLUTION AWARDING A CONTRACT FOR THE POLICE DEPARTMENT FLOORING INSTALLATION TO BEREMAN CARPETS, INC.

FOR AN AMOUNT NOT TO EXCEED $57,000.00
RECOMMENDATION: Authorize the City Manager to execute a contractor services agreement with Bereman Carpets Inc. to install flooring in the Police Department.

10. PUBLIC HEARING
A. ADOPT A RESOLUTION APPROVING FIRST SUBSTANTIAL AMENDMENT TO THE FY2024-2025 ANNUAL ACTION PLAN FOR THE COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
RECOMMENDATION: Hold a Public Hearing regarding the First Substantial Amendment to the FY2024-2025 Annual Action Plan and adopt a resolution to:

1. Approve the First Substantial Amendment to the FY 2024-2025 Annual Action Plan;

2. Authorize the City Manager to submit the First Substantial Amendment to the FY2024-2025 Annual Action Plan to U.S. Department of Housing and Urban Development (HUD); and

3. Designate the City Manager, or the City Manager’s designee, as the official Packet Page 5
City Council REGULAR Meeting January 16, 2025 5:00 PM Agenda Page 6 representative to sign all certifications and assurances, and sub-agent agreements for the use of funds approved in the First Substantial Amendment to the FY 2024- 2025 Annual Action Plan.

11. BUSINESS ITEMS
A. ADOPT A RESOLUTION AUTHORIZING PAYMENT TO MCSIG
(MUNICIPALITIES COLLEGES SCHOOLS INSURANCE GROUP) FOR THE AMOUNT OF $307,312.10 AND AUTHORIZE THE FINANCE DIRECTOR TO APPROPRIATE FUNDS WITHIN THE 24-25 ANNUAL BUDGET
RECOMMENDATION: Adopt a resolution authorizing a payment of $307,312.10 to MCSIG and make the necessary adjustments to the 24-25 Adopted Budget.

B. ADOPT A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE 2024 HOT SPOT PAVEMENT REPAIR PROJECT AND AWARDING A CONSTRUCTION AGREEMENT TO JV LUCAS PAVING INC. FOR AN AMOUNT NOT TO EXCEED $614,032.50 AND TOTAL PROJECT

CONSTRUCTION COST INCLUDING CONTINGENCY OF AN AMOUNT NOT TO EXCEED $706,137.38
RECOMMENDATION: Adopt a resolution approving the plans and specifications for the 2024 Hot Spot Pavement Repair Project.

C. ADOPT A RESOLUTION APPROVING ADDITIONAL SCOPE OF WORK AND

CONTRACT AMENDMENT FOR A PLAYGROUND AT LINCOLN
CUNNINGHAM PARK (PHASE 1 - ARTERIAL TRAIL PROJECT) FOR AN AMOUNT NOT TO EXCEED $742,800.00
RECOMMENDATION: Adopt a resolution approving additional construction scope for a playground and additional amenities for the Lincoln Cunningham Park (Phase 1 - Arterial Trail Project) from the Lincoln Cunningham and Havana Solitz Park Master Plan, amending the construction agreement to add the additional scope and raise the contract amount by up to $742,800.00 bringing the total project construction cost including contingency to a not to exceed value of $1,886,862.95, authorizing the City Manager to execute and approve any amendments, extensions, and change orders until completion of the project in accordance with the master plan up to the total project construction amount, and directing the use CIP project surplus funds to Lincoln Cunningham Project Account.

12. COUNCIL MEMBER REQUESTS
A. NEW COUNCIL MEMBER REQUESTS
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City Council REGULAR Meeting January 16, 2025 5:00 PM Agenda Page 7

B. FOLLOW UP ON PREVIOUS REQUESTS

13. CITY ATTORNEY, CITY MANAGER, CITY COUNCIL AND MAYOR

COMMENTS AND REPORTS ON COMMITTEE ASSIGNMENTS
This is a time specifically set aside for members of the City Council, the City Manager and City Attorney to make brief comments of general interest to the community and report on committee assignments.

14. CLOSED SESSION
Pursuant to Government Code Section 54956 et seq., the City Council and Successor Agency to Redevelopment Agency may adjourn to a Closed Session to consider specific matters dealing with litigation, certain personnel matters, property negotiations or to confer with the City Attorney. Public comments on these items are taken after being read by the City Attorney. For the public record, please state your name.

A. PUBLIC EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957
Position: City Manager Recruitment

B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54956.8
Property: The Property Commonly Referred to As Campus Town (Property bounded by Highway 1/1st Avenue, 7th Avenue, Lightfighter/Colonel Durham Street, and Gigling)
Agency Negotiators: City Manager, et. al
Negotiating Parties: KBB Seaside Venture, et. al. and City of Seaside Under Negotiation: Price, terms of payment or both

C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8:

Property: Golf Course Hotel parcel located at 1 McClure Way, Seaside, CA 93955 Agency Negotiators: City Manager and City Attorney
Negotiating Parties: City of Seaside and KDG
Under Negotiation: Price, Terms of Payment, or both
D. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE 54956.9 (D)(2)
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City Council REGULAR Meeting January 16, 2025 5:00 PM Agenda Page 8 Two Matters of Potential Litigation

15. ADJOURNMENT
Next Regularly Scheduled Meeting:

February 6, 2025
5:00 p.m.

The City of Seaside is committed to providing accessible facilities and accommodating people with disabilities in all of its services programs and activities. If special considerations are needed by any person to fully participate in this meeting, contact the City Clerk at 899-6707 no fewer than two business days prior to the meeting to allow reasonable arrangements. Agendas are posted at:
http://www.ci.seaside.ca.us/129/City-Council-Committee-Agendas Agenda-related writings or documents provided during public meetings are available for public inspection during the meeting or from the office of the City Clerk. This agenda is posted in compliance with California Governor Newsom's Executive Orders N-29-20 and N-33-20.

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CITY OF SEASIDE

STAFF REPORT
Item No.: 9.A.

TO: City Council
FROM: Craig Malin, Interim City Manager
BY: Dan Meewis, Recreation Director
DATE: January 16, 2025
SUBJECT: APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST OF $3,000.00 FROM SEASIDE HIGH SCHOOL BOYS SOCCER TO

ASSIST WITH THE COST WITH PRACTICE EQUIPMENT AND

TEAM APPAREL

RECOMMENDATION
Approve the request.

BACKGROUND
The Seaside High School Boys Soccer Program is requesting a donation of $3,000.00 from the Mayor's Youth Fund to assist with the costs associated with practice equipment and team apparel. The Seaside High School Boys Soccer Program teaches the players the importance of character, sportsmanship, life skills and the importance of achieving excellence at school and in the community. The program teaches their young men to not only be outstanding student athletes, and how to be model citizens. They encourage all their athletes to use reusable water bottles. They have a set of reusable sports water bottles that the team uses during games and practices. In addition, the team picks up all the trash after their practices and games to ensure that they do their part to keep the environment clean.

Based on the information provided, staff has determined that the application meets the requirements of the Mayor's Youth Fund Policy. The Seaside High School Boys Soccer Program received their last donation at the January 18, 2024, City Council meeting.

They submitted their 2024 Mayor's Youth Fund Closing Report within the 60-day time frame.

FISCAL IMPACT
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Item No. 9.A. Page 2 of 2
This request would be funded by a donation from the Green Waste Recovery's donation to the Mayor's Youth Fund. The current balance is the Mayor's Youth Fund account (601-2106) is $35,864.61. If the City Council approves this request, the balance will decrease to $32,864.61. This is for fiscal year 2024/25.

In the event that all the funds in the Mayor's Youth Fund become exhausted, staff will keep a file of all applications. Once Green Waste issues the next round of funding, all applications on file will be processed at the next available City Council meeting.

ATTACHMENTS

1. MYF Seaside High School Boys Soccer 2025

2. Mayors Youth Fund Closing Report - Seaside High School Boys Soccer 2024 Reviewed for Submission to the City Council by:

________________________________________
Craig Malin, Interim City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 9.B.

TO ASSIST WITH THE COST FOR TRANSPORTATION TO

SONOMA STATE UNIVERSITY

RECOMMENDATION
Approve the request.

BACKGROUND
The Seaside High School Music Department is requesting a donation of $3000.00 from the Mayor's Youth Fund to assist with the cost of a charter bus to take the music students to a festival at Sonoma State University. The students in the Advanced Band and Orchestra class at Seaside High have been invited to perform at a prestigious, invitation-only festival at Sonoma State University. This has been something they have been working towards for multiple years, and have put in many hours of practice to be ready to perform in a professional setting. At the festival, students will receive clinics from college professors, perform in a world-class concert hall, and receive feedback from one of the four visiting professional conductors from colleges across the country.

If the students are able to take one charter bus, it will prevent them from having to take multiple cars or school buses to and from the event, creating far fewer emissions which is better for the environment.

Based on the information provided, staff has determined that the application meets the requirements of the Mayor's Youth Fund Policy. This is the first time that Seaside High School Music Department has requested a donation.

FISCAL IMPACT
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Item No. 9.B. Page 2 of 2
This request would be funded by a donation from the Green Waste Recovery's donation to the Mayor's Youth Fund. The current balance is the Mayor's Youth Fund account (601-2106) is $32,864.61. If the City Council approves this request, the balance will decrease to $29,864.61. This is for fiscal year 2024/25.

In the event that all of the funds in the Mayor's Youth Fund become exhausted, staff will keep a file of all applications. Once Green Waste issues the next round of funding, all applications on file will be processed at the next available City Council meeting.

ATTACHMENTS

1. MYF Seaside High School Music Depatment 2025
Reviewed for Submission to the City Council by:

________________________________________
Craig Malin, Interim City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 9.C.

ASSIST WITH THE COSTS FOR TRAVEL, LODGING, AND

TOURNAMENT FEES

RECOMMENDATION
Approve the request.

BACKGROUND
The Central Coast Bombers Baseball team is requesting a donation of $1,500.00 from the Mayor's Youth Fund to assist with the costs for travel, lodging, food & tournament fees. Their youth baseball team is based out of Seaside and will be traveling to a once in a lifetime tournament in Cooperstown Village, New York. The team plans on giving back to the community by setting up field cleanups for Soper Field, Metz Field, and Cutino Field before this upcoming recreation baseball season. During these clean-up they will also be collecting recyclable materials, and bring them to a recycling facility for extra funds for the team.

Based on the information provided, staff has determined that the application meets the requirements of the Mayor's Youth Fund Policy. This is the first time that The Central Coast Bombers Baseball team has requested a donation.

FISCAL IMPACT
This request would be funded by a donation from the Green Waste Recovery's donation to the Mayor's Youth Fund. The current balance is the Mayor's Youth Fund account (601-2106) is $29,864.61. If the City Council approves this request, the balance will Packet Page 27

Item No. 9.C. Page 2 of 2
decrease to $28,364.61. This is for fiscal year 2024/25.

ATTACHMENTS

1. MYF - Central Coast Bombers

2. 501(c)(3) Information - Central Coast Bombers
Reviewed for Submission to the City Council by:

________________________________________
Craig Malin, Interim City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 9.D.

TO: City Council
FROM: Craig Malin, Interim City Manager
BY: Dan Meewis, Recreation Director
DATE: January 16, 2025
SUBJECT: APPROVE A CO-SPONSORSHIP AND FEE WAIVER REQUEST FROM DELTA SIGMA THETA SORORITY, INC. FOR USE OF
OLDEMEYER CENTER FOR TWO COMMUNITY EVENTS IN 2025:

A HEALTH CONFERENCE AND THE ANNUAL JABBERWOCK

PAGEANT & YOUTH ON PARADE EVENT IN THE AMOUNT OF
$1,496.25

RECOMMENDATION
Approve a request from the Monterey Peninsula Alumnae Chapter of Delta Sigma Theta Sorority, Incorporated.

BACKGROUND
The Monterey Peninsula Alumnae Chapter of Delta Sigma Theta Sorority, Inc. is requesting to hold two annual community events in 2025.

The proposed events are:

1. The Health Conference

2. Jabberwock Pageant and Youth on Parade event
They are requesting a co-sponsorship with the City and fee waivers for both events.

The Health Conference (formerly known as the Health Empowerment Conference) will benefit men, women and children. It will also be used as a platform to honor members of the community for their contributions, impact, and longevity. The Health Conference is an informative event which will cover health issues and preventable health measures.

The purpose of the Jabberwock event will showcase local youth and their various talents, and it will also be a fundraiser for youth scholarships and other various youth Packet Page 36

Item No. 9.D. Page 2 of 3
programs offered through Delta Sigma Theta Sorority, Inc..

Both of these events have been held annually at the Oldemeyer Center and all fees were waived in the past. Staff recommends that the organization pay only the nonrefundable portion of $98.25 for each event to go towards the building maintenance.

FISCAL IMPACT
Should the City Council approve the request for full fee waivers for both events, the approximate fiscal impact is as follows:

Health Conference on March 15, 2025:

Laguna Grande Hall Rental Fee: $56.25 per hour X 9 $ 506.25 Seaside Room Fee: $37.00 for 9 hours X 3 $ 111.00
Seashorse Room Fee: $37.00 for 9 hours X 3 $ 111.00
Non-Refundable Deposit $ 98.25
Insurance $ 122.00
TOTAL $ 948.50
Jabberwock Pageant Youth Talent on May 17, 2025:

Laguna Grande Hall Rental Fee: $56.25 per hour X 8 $ 450.00 Seaside Room Fee: $37.00 for 3 hours $ 37.00
Seashorse Room Fee: $37.00 for 3 hours $ 37.00
Non-Refundable Deposit $ 98.25
Insurance $ 122.00
TOTAL $ 744.25
GRAND TOTAL FOR BOTH EVENTS: $1,692.75
Should the City Council approve staff recommendation to waive all rental fees but require payment for the non-refundable deposit only, the fiscal impact is $1,496.25.

ATTACHMENTS

1. Delta Sigma Theta Sorority Fee Waiver Request for Health Conference 2025

2. Delta Sigma Theta Sorority Fee Waiver Request for Jabberwock 2025

3. 501(c)(3) Information - Delta Sigma Theta Sorority
Reviewed for Submission to the City Council by:

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Item No. 9.D. Page 3 of 3
________________________________________
Craig Malin, Interim City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 9.E.

TO: City Council
FROM: Craig Malin, Interim City Manager
BY: Melissa Broadston, ESCA Program Manager
DATE: January 16, 2025
SUBJECT: ENVIRONMENTAL SERVICES COOPERATIVE AGREEMENT
(ESCA) REPORT COVERING ACTIVITIES FROM OCTOBER
THROUGH DECEMBER 2024

RECOMMENDATION
Approve Environmental Services Cooperative Agreement (ESCA) report covering activities.

BACKGROUND
The Fort Ord Reuse Authority (FORA) officially closed all operations on June 30, 2020.

Prior to sunset, the City of Seaside and FORA entered into a Memorandum of Agreement nominating Seaside as FORA’s Environmental Services Cooperative Agreement (ESCA) Successor-In-Interest (Successor). Seaside is now responsible to perform the remaining Long-Term Obligations (LTO) management responsibilities related to U.S. Army (Army) Munitions and Explosives of Concern (MEC) on ESCA property until June 30, 2028. A summary of the ESCA remediation program to date is provided below. A quarterly report is required to be prepared and submitted to the Army after review and acceptance by the City Council.

FORA ESCA Remediation Program Background:

In 2007, the Army and FORA entered into an agreement for Army-funded ESCA for the removal of remnant MEC on 3,340 acres of the former Fort Ord. Under the ESCA terms, the Army awarded FORA approximately $98 million to perform Comprehensive Environmental Response Compensation and Liability Act (CERCLA) MEC cleanup on those parcels. FORA also entered into the Administrative Order on Consent (AOC) with the United States Environmental Protection Agency (EPA) and California Department of Toxic Substance Control (DTSC) (collectively referred to as regulatory agencies) Packet Page 54

Item No. 9.E. Page 2 of 4
defining FORA’s contractual conditions to complete the Army remediation obligations for the “ESCA parcels.” FORA received ESCA property ownership after EPA approval and gubernatorial concurrence under a Finding of Suitability for Early Transfer in 2009.

The ESCA properties received Records of Decision (ROD) documenting controls required to protect public health and safety and Land Use Control Implementation Plan (LUCIP) / Operation and Maintenance Plan (OMP) implementation, operation and maintenance ROD controls tailored to individual site conditions and historic MEC use. The final ESCA LUCIP/OMP documents were accepted by the Army and Regulators in February 2019.

These ESCA properties received the last EPA Remedial Action Completion letter in February 2019. The EPA issued a site-wide ESCA remedial completion certificate in April 2020.

Remedial Action Completion initiated the Army's long-term obligations on ESCA properties. To complete the ESCA and the AOC obligations, the Successor, Seaside, is required to complete a truncated series of tasks until the expiration on June 30, 2028, to include site investigation and monitoring, ensuring compliance with the land use controls for ESCA parcels by land holding jurisdictions, mitigation, monitoring, reporting for any potential or found munitions and explosives of concern, and public information and outreach regarding land use. Should any instances of MEC occur, the contractors of Arcadis, Inc., Weston Solutions, Inc. and Westcliffe Engineers, Inc. will assist with providing LTO support services.

ESCA QUARTERLY UPDATE
Jurisdiction Coordination
ESCA property could not be transferred to the jurisdictions until Army deed modifications and issuance of the Army CERCLA Warranties/Deed Amendments were completed. The ESCA property Army CERCLA Warranty and Deed modification documents were recorded in Monterey County on June 26, 2020. The receiving jurisdictions signed and recorded these deeds and have final ownership of their ESCA properties.

There are a few remaining property transfer tasks. A file review indicated parcel E29b.3.1 was not transferred by FORA and was held by Seaside as successor to FORA.

Transfer of parcel E29b.3.1 to the City of Monterey was completed on October 16, 2024. Work continues to transfer the last three Economic Development Conveyance parcels from Army ownership to their designated recipients: Monterey-Salinas Transit Parcels L2.3 and L2.4.1 and Seaside Parcel E20c.1.

ESCA staff continues to host LTO Management, and Property, Planning, Police, and Property Manager quarterly meetings with all land holding jurisdictions and the Army.

These meetings discuss and review projects or other activities as outlined by the LUCIPs that are included with their properties. A quarterly meeting was held on November 6, 2024.

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Item No. 9.E. Page 3 of 4
ESCA coordination related to the revision of the Construction Support Plan for the Seaside storm water infiltration system installation/repair project is still in progress.

ESCA will provide the required After Action Report for the in-progress Monterey One Water pipeline Phase 4 project upon completion. ESCA continued worked with project proponents and owners to outline requirements for the construction of a Fort Ord Trail and Greenway (FORTAG) trail. A portion is located the California State University Monterey Bay ESCA parcel. Trail construction is scheduled for 2025. ESCA prepared notifications for geophysical investigation work (soil borings) at the California State University Monterey Bay property in support of this FORTAG segment.

ESCA worked with the Army and Pacific Gas and Electric to review land use controls and related protocols for access and intrusive work for their utility infrastructure on the former Fort Ord. ESCA also assisted Pacific Gas and Electric with access and inspection of a utility pole in Monterey Peninsula College’s Military Operations in Urban Terrain site.

ESCA developed maps to assist Monterey County with the identification of land with a moderate to high probability of a munitions encounter. The maps emphasized natural landmarks. A site tour accompanied map review. ESCA also provided an overview/training session and site orientation tour for a new employee at California State University Monterey Bay.

Based on the history of the former Fort Ord as an Army base, munitions may be encountered during reuse of the property. ESCA outreach specific to the munitions safety awareness class at FortOrdSafety.com serves as an important resource to remind community members who might discover suspicious objects to follow the 3Rs of explosives safety – Recognize, Retreat, and Report. ESCA is responsible for the maintenance and participant tracking for the English and Spanish version of the free online training class at Fort Ord Safety.com. The training at FortOrdSafety.com supplements and compliments the Army’s on-site munitions safety training program as an important community asset for the use of the lands of the former Fort Ord.

Participation for this training remains robust.

The ESCA team continues to conduct weekly patrols of Seaside’s ESCA properties and bi-weekly patrols of other ESCA properties. ESCA patrols also included debris removal.

ESCA provided updates on Seaside’s Blue Line Road borderland work (invasive species control, erosion control) at the November 6, 2024, Coordinated Resource Management Plan annual meeting. ESCA provided program updates at the Army’s BRAC Cleanup Team meeting dedicated to munitions on December 5, 2024. ESCA provided an ESCA presentation on the successful techniques of land use controls at the munitions Safety Stand Down meeting on December 12, 2024.

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Item No. 9.E. Page 4 of 4

NEXT QUARTER GOALS
During the next quarter, the ESCA Program will be focusing on the following tasks. • ESCA will send the annual munitions safety recognition class information to property owners, jurisdictions, and entities with possible intrusive activities on the former Fort Ord.
• ESCA will continue coordination supporting completion of property transfers. • ESCA will also continue coordination with jurisdictions and extensive public outreach on the Munitions Recognition and Safety Training which is available at FortOrdSafety.com.
• ESCA will continue weekly inspection and monitoring of activities on ESCA lands. • ESCA will continue follow-up of incidents of concern. • ESCA will offer “refresher” training to Monterey Peninsula Parks District and Del Rey Oaks.
• ESCA will continue assistance and coordination with munitions documentation such as After Action Reports, Construction Support Plans, and notifications for projects located in ESCA properties with soil disturbances of less than 10 cubic yards with a low probability of encountering munitions.
• ESCA will assist other jurisdictions with questions related to ESCA land use controls.

FISCAL IMPACT
None. The actual cost to Seaside of these Army obligations will be fully reimbursed.

ATTACHMENTS
None
Reviewed for Submission to the City Council by:

________________________________________
Craig Malin, Interim City Manager
Packet Page 57

CITY OF SEASIDE

STAFF REPORT
Item No.: 9.F.

TO: City Council
FROM: Craig Malin, Interim City Manager
BY: Jessica Riley, Finance Director
DATE: January 16, 2025
SUBJECT: REVIEW AND ACCEPT ANNUAL REPORT ON USE OF

DEVELOPMENT IMPACT FEES

RECOMMENDATION
Accept the Annual Report.

BACKGROUND
In order to comply with the California Government Code Subsection 66006(b)(1), the City must report annually on the amount of Development Impact Fees collected, the beginning and ending balances in the account and any interest earned, as well as other categories set forth in that section. The reports are due within one hundred eighty days of the close of the fiscal year. The Annual Report was published to the public and council with the December 19, 2024 information on the five-year report. The council must review the information at a regularly scheduled public meeting. As of the date of the report, City staff did not receive any request from interested parties which would have required special notice.

The Mitigation Fee Act, California Government Code Section 66000 et. seq. authorizes the City of Seaside (City) to impose, collect and expend mitigation fees to offset the impact of development within the City. The only impact fees currently collected by the City are imposed as conditions of approval in specific developer agreements and are commonly referred to as "fair share fees". The City has adopted a water capacity fee.

However, no water capacity fees have been collected thus far.

The Annual Fee report was published on December 19, 2024. Attachment 1 contains all of the information required by Section 66006 subdivision (b). In short, the City collected roughly $80,000 in new fees relating to the South Tioga T-1 Mitigation project, Packet Page 58

Item No. 9.F. Page 2 of 2
which is a traffic mitigation at the intersection of Fremont and Del Monte. The City also accrued $26,075 in interest. The City expended $178,725 of previously-collected fees on design for a new fire station on the north side of the City, which is estimated to begin construction in fiscal year 2024/25.

Development impact fees are separately accounted for from all other City funds and accounts in accordance with accounting standards. Interest earned on each fee is deposited into its designated fund or account and used only for the purpose for which the fee is collected.

FISCAL IMPACT
There are no fiscal impacts associated with accepting the report.

ATTACHMENTS

1. Developer Impact Fees Annual Report FY24
Reviewed for Submission to the City Council by:

________________________________________
Craig Malin, Interim City Manager
Packet Page 59
City of Seaside, California
Development Impact Fees Report
Developer Agreement Fair Share
Fees
Fiscal Year Ended June 30, 2024
Prepared by City of Seaside Finance Director
Jessica Riley
Packet Page 60
City of Seaside, California
Development Impact Fees Report
Developer Fair Share Fees
Fiscal Year Ended June 30, 2024
pg. 1
For purpose of compliance with California Government Code Subsection 66006(b)(1), the following information regarding AB 1600 fees is presented in connection with the City’s Impact Fees fund:
(A) A brief description of the type of fee in the account or fund.

Fair Share Fees ‐ Fees collected are used for the planning, design, construction or support activities of facilities in existence at the time the charge is imposed or for new facilities to be constructed in the future that are necessitated by the development project. (B) The amount of the fee.

FY 2023/24:

Fair Share Fees: $80,673
(C) The beginning and ending balance of the account or fund. See statement below. (D) The amount of the fees collected and the interest earned. See statement below.

Statement of Revenues, Expenditures and Changes in Fund Balance

REVENUES
South Tioga T-1 Mitigation 80,673 $
Interest 26,075 $
Total Revenues 106,748 $

EXPENDITURES
Fire Station Design 178,725 $
Total Expenditures $ 178,725

OTHER FINANCING SOURCES (USES)
Transfers in - $
Transfers out - $
Total Other Financing Sources & Uses $ -
REVENUES OVER (UNDER) EXPENDITURES (71,976) $
Beginning Fund Balance as of 07/01/23 883,547 $
Ending Fund Balance as of 06/30/24 811,571 $
For the Year Ended Jun 30, 2024
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City of Seaside, California
Development Impact Fees Report
Developer Fair Share Fees
Fiscal Year Ended June 30, 2024
pg. 2
(E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.  Fees were transferred to the Capital Project fund for Government Facilities (Fund 344) . The transferred funds were used for design of a second fire station on the north side of the City of Seaside.
(F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete.

Fires Station # 2 Design and Construction
 A Second Fire Station on the North side of the City of Seaside  Estimated cost is $20,000,000.00 and design is scheduled to be undertaken in FY 22/23 and construction planned for FY 24/25.

Traffic signal for Del Monte Boulevard and Fremont Boulevard  Estimated cost and inclusion in the in the CIP schedule at the mid-year review for fiscal year 2024-25.
(G) A description of each interfund transfer or loan made from the account or fund,including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan.  Fees were transferred to the Capital Project fund for Government Facilities (Fund 344) . The transferred funds were used for design of a second fire station on the north side of the City of Seaside.
(H) The amount of the refunds made pursuant to subdivision € Section 66001 andany allocation pursuant to subdivision (f) of Section 66001.

No refunds were made during the fiscal year.

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CITY OF SEASIDE

STAFF REPORT
Item No.: 9.G.

TO: City Council
FROM: Craig Malin, Interim City Manager
BY: Dan Meewis, Recreation Director
DATE: January 16, 2025
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE A FACILITY USE AGREEMENT WITH SEASIDE PONY
BASEBALL AND SOFTBALL FOR THEIR 2025 SEASON, AND

AUTHORIZE WAIVING THE FEES ASSOCIATED WITH THE USE

OF THE SOPER, RUBIO AND CUTINO BASEBALL FIELDS, FOR
THE AMOUNT OF $84,457.50

RECOMMENDATION
Adopt a resolution to approve the Facility Use Agreement with Seaside Pony Baseball and Softball for the use of the baseball fields.

BACKGROUND
Seaside Pony Baseball & Softball was established in 2001 and has used City operated baseball fields with waived fees since its inception. The previous field use agreement, which covered the 2024 season, expired in August of 2024. The agreement includes provisions that Seaside Pony Baseball and Softball will perform "in lieu" services to help offset the revenues from field use fees that are not collected from Seaside Pony Baseball and Softball. The "in lieu" work includes daily field preparation, minor field maintenance at each field, addition of cinder mix to fields when needed, and trash/recycle pick up and disposal.

The Recreation Department received a request from Seaside Pony Baseball and Softball, dated December 3, 2024, for a facility use agreement and a fee waiver for field use, BBQ area use, and lighting fees. For the use of Soper, Rubio and Cutino fields for their 2025 season. The initial request that came in included dates that were unavailable due to City operated programs, and MPUSD Seaside High School Softball use. The City has worked out a schedule with Pony that takes into account the dates that are not Packet Page 63

Item No. 9.G. Page 2 of 3
available, and the schedule is reflected on the attached Pony Fees document.

In addition to field use rental fees, there are "hard costs" associated with the maintenance of the fields and associated buildings. These costs are included in the fees for field use. However, if the field use fees are waived, the hard costs that the City incurs need to be considered. City personnel are required to open and close restrooms at Soper, Rubio, and Cutino fields. The opening of the restrooms during the week is done during regular hours, and custodial staff close the restrooms on weeknights, and open/close them on the weekends. In addition, there is also the cost of cleaning supplies and the time it takes for staff to clean the restrooms at each of the fields.

During the season there is increased activity at each of the locations, which equates to more supplies being used on a daily basis.

FISCAL IMPACT
The fees waived under the Field Use Agreement would be as follows if Seaside Pony starts on the estimated start date of February 3, 2025.

Proposed fee waiver fees.

Estimated fees for Soper field usage - $20,253.50
Estimated fees for Cutino field usage - $10,904.00
Estimated fees for Metz/Rubio field usage -$22,762.00
Estimated fees for light usage for Soper & Cutino - $10,595.00 Estimated fees for BBQ area during tournaments at Soper -$3,993.00 Total - $62,812.50
Estimated "hard costs"
Staff hours for all three fields - $8,970.00
Restroom Supplies - $7,500.00
Total - $16,470
Total Fee Waiver - $84,475.50
The estimated cost of "in lieu" services that Pony provides is between $10,000-$15,000.

This is for volunteer hours for field maintenance and the materials associated with the maintenance, such as cinder mix, clay, etc.

ATTACHMENTS

1. Resolution

2. 2025 Facility Use Application - Pony Baseball

3. 2025 Pony Facility USE AGREEMENT

4. 2025 Pony Fees
Packet Page 64

Item No. 9.G. Page 3 of 3
Reviewed for Submission to the City Council by:

________________________________________
Craig Malin, Interim City Manager
Packet Page 65
Meeting Date: x/xx/xx
Item #: X.X.

RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

ADOPTING THE FACILITY USE AGREEMENT WITH SEASIDE PONY
BASEBALL/SOFTBALL FOR THEIR 2025 SEASON
WHEREAS, the City of Seaside and Seaside Pony Baseball/Softball enter into an Agreement dated January 16, 2025, for the use of Soper, Cutino, and Rubio fields for league practices, games, and tournaments for the 2025 season; and WHEREAS, the approval of the Facility Use Agreement for the use of Soper, Cutino and Rubio fields is necessary so Seaside Pony can continue to provide recreational baseball and softball programs to the youth of the community; and WHEREAS, flexibility is needed to allow other user groups who will be paying usage fees the ability to use facilities in order to achieve cost recovery goals identified in the Recreation Programs Cost Recovery Policy; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby approves the Facility Use Agreement for Seaside Pony for the 2025 season.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 16th day of January by the following vote:

APPROVED TO FORM
______________________________
Sheri L. Damon, City Attorney
Packet Page 66
Facility (Field) Use Application
Parks and Recreation Division
986 Hilby Avenue, Seaside CA 93955
831-899-6800
Guidelines for Use of City Fields

1. No fee waivers or extensions will be issued over the counter. Established groups, such as Seaside Pony Baseball, Seaside Raiders and Seaside PAL shall submit fee waiver requests to the Resource Management Department. Resource Management staff will submit these requests to the City Council. All others shall apply to the Special Events Committee.

Requests approved by the Committee will be submitted by Recreation and Community Development staff to Council for consideration.

2. A minimum of 30 days lead time is required for each request. This will allow staff sufficient time to prepare the staff report for submission to Council.

3. Requests shall include a complete list of the days, dates and hours requested for use of City fields. Requests shall include a listing of all services required, such as use of snack bar, field lights, additional staff, and additional field preparation, and other special needs.

4. Before the start of each season, each group shall submit a list of current board members, along with contact information. A single point of contact (the authorized representative) shall be designated, and this person shall be authorized to make decisions for the group. The group shall notify the City if the authorized representative changes. Requests to the City will be accepted only from the authorized representative.

5. Each group will enter into a Use Agreement with the City for use of the fields. Before the start of each season, City staff will meet with the authorized representative and interested board members to discuss the terms of the Use Agreement. Terms of the Use Agreement will be enforced.

6. Groups will not be given any keys to the snack bars, restrooms or fields until all conditions of the Use Agreement have been met (including proof of insurance, 401(c)3 status, etc.).

7. A deposit requirement of $500 may be considered for the new season for each group requesting a fee waiver. Staff will document any instances of violations of the terms of the Use Agreement during the previous season. The deposit would cover the return of keys, cleanup of the fields, restrooms and snack bars. If collected, the deposit would be returned in full if all keys are returned and the fields, restrooms and snack bars have been kept in good condition during the season. Some or all of the deposit would be withheld if all keys are not returned or if the grounds have not been properly maintained. If the Police Department is called to the park during a time that the field has been reserved and the group is found to be in violation of City Code or there are any Health Department violations attributable to the group, the entire deposit would automatically be forfeited.

8. Groups are not allowed to charge the public for parking on City property at group events. If the group would like to solicit donations, they must obtain a no-fee permit in advance, in accordance with Chapter 5.28 (Charitable Solicitation), of the City Municipal Code.

Attachments:

1. Questionnaire

2. Field Use Application

3. Key Request (to fill out with staff)
Packet Page 67
Facility (Field) Use Application
Parks and Recreation Division
986 Hilby Avenue, Seaside CA 93955
831-899-6800
# 1 - QUESTIONNAIRE Date: ____________
CONTACT INFORMATION:

Organization: _________________________________________________________________ Name: ______________________________________________________________________ Address: _______________________________ City: _____________________ State: _____ Phone: __________________ Email: _____________________________________________ ORGANIZATION INFORMATION:
 Private  Non-Profit  Public  Profit
If non-profit, Tax ID #: ________________________
Year of establishment: __________________ Number of members: ___________________ Number of Seaside resident members: _____ Do members pay dues?  Yes  No BOARD MEMBERS:

Name Title Telephone

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

Packet Page 68
Facility (Field) Use Application
Parks and Recreation Division
986 Hilby Avenue, Seaside CA 93955
831-899-6800
Organization: _________________________________________________________________ QUESTIONNAIRE (continued):

1. Is your organization affiliated with any national, federal, state, county or local agency?  No  Yes, agency name: ___________________________________________________

2. Is your organization youth oriented?
 No  Yes, number of Seaside youth: __________________________________________

3. Is membership open to all youth or residents in Monterey County?  No  Yes, number of youth/residents per city: __________________________________ _____________________________________________________________________

4. Does your organization provide its services to only Seaside youth or residents?  Yes  No

5. Does your organization receive funding or other support from any national, federal, state, county, regional, city, private, or public agency?
 No  Yes, explain: ________________________________________________________ _____________________________________________________________________

6. Have you contacted other cities with regards to the use of their facilities?  No  Yes, explain: ________________________________________________________ _____________________________________________________________________

7. Do you plan on having any special events (tournaments, picture day, opening day, etc.)?  No  Yes, list dates and events: _____________________________________________ _____________________________________________________________________

8. Any additional relevant information: __________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ IF REQUESTING A FEE WAIVER – SUPPLEMENTAL QUESTIONS:

1. Does your organization have the ability to pay any portion of the fees to use the facility?  No  Yes. If your organization does have the ability to pay a reasonable share of the requested fees, please explain why a fee waiver should be granted: _______________ ______________________________________________________________________ ______________________________________________________________________

2. If the request for fee waiver is not granted, and you chose not to avail yourself of the City facility, what are your plans? _____________________________________________________________ ______________________________________________________________________________

3. If you are granted a fee waiver, what in-kind services (such as field maintenance, trash clean up, etc.) can you offer to help offset costs? ______________________________________________ _____________________________________________________________________________ Packet Page 69
Facility (Field) Use Application
Parks and Recreation Division
986 Hilby Avenue, Seaside CA 93955
831-899-6800
# 2 - FIELD USE APPLICATION Date: ____________
Organization: _________________________________________________________________ Park: _______________________________ *Please fill out one form per each park requested Services Requested:

Use of field  Yes  No
Use of snack bar  Yes  No
Use of lights  Yes  No
Other: _________________________________  Yes  No
Number of Hours
Date Day of the Week Time Daily Total Lights
Total Days: Total Hours:

Packet Page 70
Facility (Field) Use Application
Parks and Recreation Division
986 Hilby Avenue, Seaside CA 93955
831-899-6800
# 2 - FIELD USE APPLICATION Date: ____________
Organization: _________________________________________________________________ Park: _______________________________ *Please fill out one form per each park requested Services Requested:

Packet Page 71
Facility (Field) Use Application
Parks and Recreation Division
986 Hilby Avenue, Seaside CA 93955
831-899-6800
# 2 - FIELD USE APPLICATION Date: ____________
Organization: _________________________________________________________________ Park: _______________________________ *Please fill out one form per each park requested Services Requested:

Packet Page 72
Facility (Field) Use Application
Parks and Recreation Division
986 Hilby Avenue, Seaside CA 93955
831-899-6800
#4 - KEY REQUEST Date: ____________
Organization: _________________________________________________________________ Key
Currently has
Keys Key Number
New Keys
Supplied
Total Number
of Keys
Field Gates
Soper Field Snack Bar & Lights
Soper Field Store Room
Cutino Park Snack Bar
Cutino Lights
Cutino Back Shed
Cutino Back Gate
Metz Park Snack Bar
AUTHORIZED REPRESENTATIVE:

Name: ______________________________________________________________________ Address: _______________________________ City: _____________________ State: _____ Phone: __________________ Email: _____________________________________________ I certify that all of the keys listed above under “Number of Keys Supplied” will be returned to the City of Seaside by the following date: ______________________________________________ Signature of Applicant: __________________________ Date: _____________ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Key deposit in the amount of $200 (TWO HUNDRED DOLLARS) received on this date. This deposit will be returned upon receipt of all keys listed above under the “Total Number of Keys” column.

Received by: __________________________________
Receipt Number: ______________________________ Date: _____________ Packet Page 73

USE AGREEMENT
FOR

CITY OF SEASIDE FACILITIES
This use Agreement is entered into on the first day of January 2025, by and between the City of Seaside, a Municipal Corporation under the laws of the State of California hereinafter referred to as "CITY," and Seaside Pony Baseball & Softball (organization), hereinafter referred to as the “FIELD USER,” for the purposes of establishing terms and conditions for the use of the City’s various baseball facilities

1. PREMISES
CITY hereby agrees to permit FIELD USER to use the public areas of Metz Park (Rubio Field), Soper Field, and Cutino Park. All located within the Seaside, California.

2. USE OF FACILITY
a. The parties hereto agree that FIELD USER shall have use of the premises hereinabove described for their 2024 season, commencing February 10, 2025, and ending July 31, 2025, subject to reservations made with the City of Seaside Recreation Services. FIELD USER is required to notify CITY in the event fields will not be used. Failure to notify the CITY of non use may result in a $50 fee to recoup the cost for the City’s staff time.
b. FIELD USER shall provide the CITY with a monthly schedule identifying the day, time, and team name utilizing the fields to be posted at each field. The monthly schedule shall be submitted to the CITY on the 25th day of the month by completing the Field Usage Schedule (Attachment ‘A’). c. CITY shall give as much notice as possible in the event that the fields will be unavailable due to conditions beyond its control.
d. In accordance with the City’s partnership with the Blue Zones Project of Monterey County, when operating the snack bar facilities at Soper and Rubio Fields, it is recommended that the FIELD USER provide an assortment of healthier food choices, with lower amounts of fat, sugar, and sodium. To accomplish this, FIELD USER is encouraged to:
i. Offer more fruits, vegetables, whole grains, and low fat and low calorie foods, including low fat dairy, lean protein sources and lower fat versions of condiments. ii. Offer more minimally processed foods made or foods produced without added sugar and less sodium.
iii. Prepare foods using healthy cooking techniques such as baking, roasting, broiling, grilling, poaching, steaming, or stir frying instead of pan frying or deep fat frying to minimize added fat to the food prepared.
iv. Offer seasonal and local produce, when possible.
e. FIELD USER is responsible for adhering to the requirements of the City’s Environmentally Preferable Food Packaging rules (Municipal Code section 8.60) as it relates to the operation of City snack bars.
f. FIELD USER must follow the guidance from the California Department of Public Health as it continues to be updated.
g. FIELD USER must adhere to local noise ordinances, and keep amplified music and announcements to a level that doesn’t cause a nuisance to the surrounding neighborhoods. Sound levels should only be heard on the field of play.

Packet Page 74

3. RENTAL AMOUNT
a. FIELD USER shall pay to CITY for the use of the premises as established in the City of Seaside Fee Schedule, which may be revised during the course of this agreement by action of the City Council. If the fee is adjusted during the course of this agreement, the new fee approved by the City Council will be applied. In lieu of this fee the FIELD USER may provide materials and labor with approval from the CITY. These “in lieu” fees shall include but not be limited to at least the following:
• Preparation of fields before each use including striping (lime included). • Pickup and removal of all trash and debris (including sunflower seed shells) from the City Facility after each use.
• Provide to the CITY at least 40 cubic yards of “Cinder Mix” as requested. • Rake, sweep or blow off the dugouts and spectator areas from the CITY facility after each use and dispose of all debris to include sunflower seeds, peanut shells etc. • Clean and maintain the snack bars in accordance with the parameters set by the Monterey County Health Department, and have each snack bar cleaned and all equipment removed at the conclusion of the season. FIELD USER must contact Monterey County Health Department prior to snack bar operation to determine if there are any changes with types of food that can be sold (i.e. only prepackaged food may be served.)
• Provide the City Council in writing a copy of their important dates, to include opening and closing ceremonies, tournament and playoff schedules, and other important dates.
• Organize a league wide field clean-up day prior to the start of the season. b. CITY shall notify FIELD USER of any changes to the fee schedule 45 days prior to applying the new fees for use of the parks.
c. Payment shall be made on a monthly basis or other schedule agreeable to the City within 30 days of the billing.

4. CONDITION OF FACILITY
CITY agrees to maintain the facilities to include regular trimming of grass. FIELD USER is responsible for proper storage of concessions in Metz’s Snack Bar and Soper Field’s Snack Bar including the elevator area kept clear of storage above and below.

5. MAINTENANCE OR RENOVATION OF FACILITY
a. CITY shall give as much notice as possible in the event that the facility will be unavailable due to conditions beyond its control, equipment malfunction or other situations requiring emergency maintenance or repairs that would restrict use of the facility by FIELD USER.

6. RESPONSIBILITY FOR PREMISES
a. FIELD USER shall inspect the facilities upon each use and notify the City of damage or Packet Page 75
deficiencies.
b. FIELD USER shall quit and surrender the premises following each period of use under this Agreement in as good as state and condition as they were at the commencement of each such period. FIELD USER also agrees that if said premises, or the buildings, equipment, or furnishings thereon, are damaged during the term of the Agreement, by act, default, or negligence of FIELD USER, its officers, agents, employees, members, guests, patrons, or any person or persons admitted by FIELD USER to said premises, FIELD USER shall pay to CITY upon demand such sum as shall be necessary to restore said premises to the condition they were in at the commencement of each period of use under this agreement.
b. FIELD USER shall provide 24 hour notification to the City for non use of facility as outlined in the scheduled identified as Attachment ‘B’ to this agreement. c. FIELD USER shall utilize the City of Seaside Weather Line in the event of bad weather.

The phone number is 831-718-8600. Coaches and players should all be given this number to find out if fields are closed. The weather line will be updated on Mondays each week, unless there is bad weather mid-week which then it will be updated by 3pm on said day. For weekends the line will be updated by 7:30am.

7. COOPERATION
It is understood that FIELD USER will cooperate with other field users during this period so multiple users can use the fields if space allows. Seaside High school will be using the field on a daily basis and the need to share the facility is imperative. There are also a handful of dates that are unavailable that will be outlined. Cutino Park also have multiple user groups, and FIELD USER will need to adhere to the specific times that have been allocated to them.

8. ALARM AND FIELD LIGHTS
Field User will set the alarm at Soper Field Snack Bar after each use and will turn off field lights at Soper Field at the end of each day’s play. Lights at Cutino park will be turned on and off by City Staff.

9. KEYS
The FIELD USER’s authorized representative acknowledges receipt of the keys listed on Attachment ‘C’ and agrees to return said keys by August 1, 2025.

10. INSURANCE
a. FIELD USER shall maintain in effect throughout the term of this Agreement a policy or policies of insurance with the following minimum limits of liability:

1. FIELD USER shall provide and maintain at it’s own expense, during the terms of this Agreement a comprehensive general liability policy, including but not limited to premises, personal injuries, products, and completed operations, of insurance, satisfactory to CITY, with a combined single limit of not less than 5 million dollars ($2,000,000) per occurrence for property damage and for bodily injury or death of persons.

Packet Page 76

2. If the organization has employees or hires an employee during the term of this agreement, evidence of adequate worker’s compensation insurance on a stateapproved policy form providing statutory benefits as required by law with employer’s liability limits no less than one-million dollars ($1,000,000) per accident for all covered losses.
b. All insurance required by this Agreement shall be with a company acceptable to CITY and authorized by law to conduct insurance business in the State of California. All such insurance shall be written on an occurrence basis, such policy with the coverage required herein shall continue in effect for the duration of this agreement. c. Each insurance policy shall provide an endorsement naming CITY, its officers, agents, employees and volunteers as additional insured and shall further provide that such insurance is primary insurance to any insurance or self - insurance maintained by CITY. d. Each insurance policy shall provide that CITY be given notice in writing at least thirty (30) days in advance of change, cancellation or non-renewal thereof. Said policy shall provide identical coverage for each sub-user, if any performing work under this Agreement, or be accompanied by a certificate of insurance showing each sub-user has identical coverage.
e. As a condition precedent to CITY performance pursuant to this Agreement, FIELD USER shall file with a certificate of insurance with the City Risk Management Officer, on or before City facilities are utilized by FIELD USER showing that they have in effect the insurance required by this Agreement. FIELD USER shall file a new or amended certificate of insurance promptly after any change is made to any insurance policy which would alter the information on the certificate then on file. f. FIELD USER acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform FIELD USER of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
g. FIELD USER shall renew the required coverage annually as long as CITY, or its employees or agents face an exposure from operations of any type pursuant to this agreement.

11. INDEMNITY
a. FIELD USER shall defend, indemnify and hold harmless CITY and its officers, officials, employees and agents from and against all losses, claims, demands, payments, suits, actions, recoveries and judgments of every nature and description brought or recoverable against it or them by reason of any act, error or omission of the FIELD USER, its agents or employees, in the performance of the work and/or any activity related to this contract. b. CITY shall indemnify and hold harmless FIELD USER and its officers, officials, employees and agents from and against all losses, claims, demands, payments, suits, actions, recoveries and judgments of every nature and description brought or recoverable against it or them by any reason of any act, error or omission of the CITY, its agents or employees, in the performance of the any work related to this contract.

Packet Page 77
c. FIELD USER shall so conduct it activities upon the premises so as not to endanger any person lawfully thereon; FIELD USER hereby assumes full responsibility for the character, acts and conduct of all persons admitted to the premises by consent, expressed or implied, of its officers, agents, employees, or members.

12. COMPLIANCE WITH LAWS
FIELD USER shall comply with all laws, statutes, ordinances, rules or regulations of the United States, the State of California, the City of Seaside, or any department or agency thereof, including such regulations now in force or to be established pertaining to use of the premises.

13. TRANSFERABILITY
This agreement applies exclusively to Seaside Pony Baseball & Softball and field use privileges will not be transferred to any other group or individual. Any other groups or individuals wishing to use City of Seaside fields must apply in advance to the Recreation Services Department for consideration by department.

FIELD USER shall not sublease in whole or any part of the premises and shall not assign, hypothecate, or mortgage any or all of its rights hereunder, without the prior written consent of CITY.

14. TERM OF AGREEMENT
a. This agreement shall remain in effect until July 31, 2025, agreement requires proof of current liability insurance naming the City of Seaside as additional insurers and updated Attachments ‘A’, ‘B’, and ‘C’.
b. This agreement may be terminated by either party upon thirty (30) days written notice.

15. NONDISCRIMINATION
FIELD USER will not discriminate against any participant based on race, color, sex, origin, disability, or any other protected classification.

16. TAX EXEMPT STATUS
If applicable, FIELD USER shall submit a copy of the letter from the Internal Revenue Service determining their tax exempt status under 501 c (3) of the Internal Revenue Code and a copy of the letter from the State of California Franchise Tax Board determining tax exempt status under Section 23710 (d) Revenue and Taxation Code prior to execution of this agreement.

17. NOTICE
All notices herein provided to be given, or which may be given by either party to the other, shall have been deemed to have been fully given and fully received when made in writing and deposited in the United States mail, certified, and postage prepaid, and addressed to the respective parties as follows, or personally served on:

CITY OF SEASIDE
Recreation Services
Packet Page 78
986 Hilby Avenue
Seaside, CA. 93955

SEASIDE PONY BASEBALL & SOFTBALL
P.O. Box 1022
Seaside, CA 93955

18. ATTORNEY FEES AND COSTS
Should either party to this Agreement bring suit against another party (formal Judicial proceeding, mediation or arbitration), for breach of any term, covenant, condition or obligation contained herein for the recovery of any sum due hereunder, or for any summary action for forfeiture of this Agreement or to prevent further violations of any of the terms, covenants, conditions, or obligations, or for any other relief then, and in that event, the case shall be handled in Monterey County, California, and the prevailing party in such suit or summary action shall be entitled to a reasonable attorney's fee to be fixed by the judge, mediator or arbitrator hearing the case and such fee shall be included in the judgment, together with all costs.

19. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between FIELD USER and CITY. No term, provision, or condition of this Agreement may be altered or amended, nor may any term, provision or condition be added to this Agreement, except by a writing executed by both FIELD USER and CITY.
___________________________________ _______________
Authorized Representative Date
FIELD USER- Seaside Pony Baseball & Softball
___________________________________ _______________
City Manager Date
City of Seaside

CITY OF SEASIDE
Packet Page 79

SEASIDE PONY
2025 FIELD USAGE CALCULATIONS
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 42

A B C D E F G H I J K M
2025 PONY FIELD USAGE

REQUESTED DATES
Monday-Sunday
4 hrs 4hrs field usage
Days
Field Usage
Fee (weekends
all day
weekdays per
hour)
Total
Field Usage Fee
(Saturday all
day weekdays
per hour) Light Hours BBQ Area
Fee
Light Fee per
hour Total
Field Usage Fee
(Saturday all day
weekdays per
hour)
Light
Hours
Light Fee
per hour Total
Monday, February 10, 2025 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Tuesday, February 11, 2025 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Wednesday, February 12, 2025 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Thursday, February 13, 2025 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Friday, February 14, 2025 $101.50 $101.50 $72.50 2 $32.50 $137.50 Saturday, February 15, 2025 $212.00 $212.00 $212.00 2 $32.50 $277.00 N/A N/A N/A N/A Sunday, February 16, 2025 $212.00 $212.00 $212.00 2 $32.50 $277.00 Monday, February 17, 2025 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Tuesday, February 18, 2025 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Wednesday, February 19, 2025 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Thursday, February 20, 2025 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Friday, February 21, 2025 $101.50 $101.50 $72.50 2 $32.50 $137.50 Saturday, February 22, 2025 $212.00 $212.00 $212.00 2 $32.50 $277.00 N/A N/A N/A N/A Sunday, February 23, 2025 $212.00 $212.00 $212.00 2 $32.50 $277.00 Monday, February 24, 2025 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Tuesday, February 25, 2025 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Wednesday, February 26, 2025 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Thursday, February 27, 2025 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Friday, February 28, 2025 $101.50 $101.50 $72.50 2 $32.50 $137.50 Saturday, March 1, 2025 $212.00 $212.00 $212.00 2 $32.50 $277.00 N/A N/A N/A N/A Sunday, March 2, 2025 $212.00 $212.00 $212.00 2 $32.50 $277.00 Monday, March 3, 2025 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Tuesday, March 4, 2025 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Wednesday, March 5, 2025 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Thursday, March 6, 2025 $101.50 $101.50 $72.50 2 $32.50 $137.50 $116.00 2 $32.50 $181.00 Friday, March 7, 2025 $101.50 $101.50 $72.50 2 $32.50 $137.50 Saturday, March 8, 2025 $212.00 $212.00 $212.00 2 $32.50 $277.00 $116.00 3 $32.50 $213.50 Sunday, March 9, 2025 $212.00 $212.00 $212.00 2 $32.50 $277.00 Monday, March 10, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Tuesday, March 11, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Wednesday, March 12, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Thursday, March 13, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Friday, March 14, 2025 $101.50 $101.50 N/A SHS N/A SHS N/A SHS N/A SHS $0.00

3.5 hours per weekday.
12 hours on Saturdays &
Sundays
SHS has requested the use of Soper on a daily basis for Girls Softball. They will be using the field from 4pm-6:00pm. Pony will have 2.5 hours per weekday and 2 hours of light usage until Day Light Savings time change, Then only 1-2 hour of lights should be needed per day until may and then except for any Tournaments.

Some dates that are unavailable due to Seaside High using Soper.

Once SHS is finished, Pony will have 4 hours on the weekdays. 4 hours per day 4pm-8pm on Monday-Thursday, and
Saturdays 5-9pm with 2-3 hours of lights until
Daylight savings time. Wednesdays are unavailable
starting April for City of Seaside Soccer. Tuesdays
& Thursdays are unavailable starting June for JR
Giants.

Cutino

BASED ON PREVIOUS PONY USAGE
Metz Soper
Packet Page 80

SEASIDE PONY
2025 FIELD USAGE CALCULATIONS
1 2
3 4
5 A B C D E F G H I J K M
2025 PONY FIELD USAGE

Some dates that are unavailable due to Seaside High using Soper.

Cutino

BASED ON PREVIOUS PONY USAGE
Metz Soper
43 44
45 46
47 48
49 50
51 52
53 54
55 56
57 58
59 60
61 62
63 64
65 66
67 68
69 70
71 72
73 74
75 76
77 78
79 Saturday, March 15, 2025 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, March 16, 2025 $212.00 $212.00 $212.00 1 $32.50 $244.50 Monday, March 17, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Tuesday, March 18, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Wednesday, March 19, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Thursday, March 20, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Friday, March 21, 2025 $101.50 $101.50 N/A SHS N/A SHS N/A SHS N/A SHS Saturday, March 22, 2025 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, March 23, 2025 $212.00 $212.00 $212.00 1 $32.50 $244.50 Monday, March 24, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Tuesday, March 25, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Wednesday, March 26, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Thursday, March 27, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Friday, March 28, 2025 $101.50 $101.50 N/A SHS N/A SHS N/A SHS N/A SHS Saturday, March 29, 2025 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, March 30, 2025 $212.00 $212.00 $212.00 1 $32.50 $244.50 Monday, March 31, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Tuesday, April 1, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Wednesday, April 2, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 N/A N/A N/A N/A Thursday, April 3, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Friday, April 4, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 Saturday, April 5, 2025 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, April 6, 2025 $212.00 $212.00 $212.00 1 $32.50 $244.50 Monday, April 7, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Tuesday, April 8, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Wednesday, April 9, 2025 $101.50 $101.50 N/A SHS N/A SHS N/A SHS N/A SHS N/A N/A N/A N/A Thursday, April 10, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Friday, April 11, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 Saturday, April 12, 2025 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, April 13, 2025 $212.00 $212.00 $212.00 1 $32.50 $244.50 Monday, April 14, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Tuesday, April 15, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Packet Page 81

SEASIDE PONY
2025 FIELD USAGE CALCULATIONS
1 2
3 4
5 A B C D E F G H I J K M
2025 PONY FIELD USAGE

Some dates that are unavailable due to Seaside High using Soper.

Cutino

BASED ON PREVIOUS PONY USAGE
Metz Soper
80 81
82 83
84 85
86 87
88 89
90 91
92 93
94 95
96 97
98 99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
Wednesday, April 16, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 N/A N/A N/A N/A Thursday, April 17, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Friday, April 18, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 Saturday, April 19, 2025 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, April 20, 2025 $212.00 $212.00 $212.00 1 $32.50 $244.50 Monday, April 21, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Tuesday, April 22, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Wednesday, April 23, 2025 $101.50 $101.50 N/A SHS N/A SHS N/A SHS N/A SHS N/A N/A N/A N/A Thursday, April 24, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Friday, April 25, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 Saturday, April 26, 2025 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, April 27, 2025 $212.00 $212.00 $212.00 1 $32.50 $244.50 Monday, April 28, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Tuesday, April 29, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Wednesday, April 30, 2025 $101.50 $101.50 N/A SHS N/A SHS N/A SHS N/A SHS N/A N/A N/A N/A Thursday, May 1, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Friday, May 2, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 Saturday, May 3, 2025 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, May 4, 2025 $212.00 $212.00 $212.00 1 $32.50 $244.50 Monday, May 5, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Tuesday, May 6, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Wednesday, May 7, 2025 $101.50 $101.50 N/A SHS N/A SHS N/A SHS N/A SHS N/A N/A N/A N/A Thursday, May 8, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Friday, May 9, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 Saturday, May 10, 2025 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, May 11, 2025 $212.00 $212.00 $212.00 1 $32.50 $244.50 Monday, May 12, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Tuesday, May 13, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Wednesday, May 14, 2025 $101.50 $101.50 N/A SHS N/A SHS N/A SHS N/A SHS N/A N/A N/A N/A Thursday, May 15, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Friday, May 16, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 Saturday, May 17, 2025 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Packet Page 82

SEASIDE PONY
2025 FIELD USAGE CALCULATIONS
1 2
3 4
5 A B C D E F G H I J K M
2025 PONY FIELD USAGE

Some dates that are unavailable due to Seaside High using Soper.

Cutino

BASED ON PREVIOUS PONY USAGE
Metz Soper
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
Sunday, May 18, 2025 $212.00 $212.00 $212.00 1 $32.50 $244.50 Monday, May 19, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Tuesday, May 20, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Wednesday, May 21, 2025 $101.50 $101.50 $72.50 1 $32.50 $105.00 $116.00 1 $32.50 $148.50 Thursday, May 22, 2025 $101.50 $101.50 $72.50 1 $121.00 $32.50 $105.00 $116.00 1 $32.50 $148.50 Friday, May 23, 2025 $101.50 $101.50 $72.50 1 $121.00 $32.50 $105.00 Saturday, May 24, 2025 $212.00 $212.00 $212.00 1 $121.00 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, May 25, 2025 $212.00 $212.00 $212.00 1 $121.00 $32.50 $244.50 Monday, May 26, 2025 $101.50 $101.50 $116.00 1 $121.00 $32.50 $148.50 $116.00 1 $32.50 $148.50 Tuesday, May 27, 2025 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Wednesday, May 28, 2025 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Thursday, May 29, 2025 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Friday, May 30, 2025 $101.50 $101.50 $116.00 1 $32.50 $148.50 Saturday, May 31, 2025 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, June 1, 2025 $212.00 $212.00 $212.00 1 $32.50 $244.50 Monday, June 2, 2025 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Tuesday, June 3, 2025 $101.50 $101.50 $116.00 1 $32.50 $148.50 N/A N/A N/A N/A Wednesday, June 4, 2025 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Thursday, June 5, 2025 $101.50 $101.50 $116.00 1 $32.50 $148.50 N/A N/A N/A N/A Friday, June 6, 2025 $101.50 $101.50 $116.00 1 $32.50 $148.50 Saturday, June 7, 2025 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, June 8, 2025 $212.00 $212.00 $212.00 1 $32.50 $244.50 Monday, June 9, 2025 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Tuesday, June 10, 2025 $101.50 $101.50 $116.00 1 $32.50 $148.50 N/A N/A N/A N/A Wednesday, June 11, 2025 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Thursday, June 12, 2025 $101.50 $101.50 $116.00 1 $121.00 $32.50 $148.50 N/A N/A N/A N/A Friday, June 13, 2025 $101.50 $101.50 $116.00 1 $121.00 $32.50 $148.50 Saturday, June 14, 2025 $212.00 $212.00 $212.00 1 $121.00 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, June 15, 2025 $212.00 $212.00 $212.00 1 $121.00 $32.50 $244.50 Monday, June 16, 2025 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Tuesday, June 17, 2025 $101.50 $101.50 $116.00 1 $32.50 $148.50 N/A N/A N/A N/A Wednesday, June 18, 2025 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Thursday, June 19, 2025 $101.50 $101.50 $116.00 1 $32.50 $148.50 N/A N/A N/A N/A Packet Page 83

SEASIDE PONY
2025 FIELD USAGE CALCULATIONS
1 2
3 4
5 A B C D E F G H I J K M
2025 PONY FIELD USAGE

Some dates that are unavailable due to Seaside High using Soper.

Cutino

BASED ON PREVIOUS PONY USAGE
Metz Soper
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
Friday, June 20, 2025 $101.50 $101.50 $116.00 1 $32.50 $148.50 Saturday, June 21, 2025 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, June 22, 2025 $212.00 $212.00 $212.00 1 $32.50 $244.50 Monday, June 23, 2025 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Tuesday, June 24, 2025 $101.50 $101.50 $116.00 1 $32.50 $148.50 N/A N/A N/A N/A Wednesday, June 25, 2025 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Thursday, June 26, 2025 $101.50 $101.50 $116.00 1 $32.50 $148.50 N/A N/A N/A N/A Friday, June 27, 2025 $101.50 $101.50 $116.00 1 $32.50 $148.50 Saturday, June 28, 2025 $212.00 $212.00 $212.00 1 $121.00 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, June 29, 2025 $212.00 $212.00 $212.00 1 $121.00 $32.50 $244.50 Monday, June 30, 2025 $101.50 $101.50 $116.00 1 $121.00 $32.50 $148.50 $116.00 1 $32.50 $148.50 Tuesday, July 1, 2025 $101.50 $101.50 $116.00 1 $121.00 $32.50 $148.50 N/A N/A N/A N/A Wednesday, July 2, 2025 $101.50 $101.50 $116.00 1 $121.00 $32.50 $148.50 $116.00 1 $32.50 $148.50 Thursday, July 3, 2025 $101.50 $101.50 $116.00 1 $121.00 $32.50 $148.50 N/A N/A N/A N/A Friday, July 4, 2025 $101.50 $101.50 $116.00 1 $121.00 $32.50 $148.50 Saturday, July 5, 2025 $212.00 $212.00 $212.00 1 $121.00 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, July 6, 2025 $212.00 $212.00 $212.00 1 $121.00 $32.50 $244.50 Monday, July 7, 2025 $101.50 $101.50 $116.00 1 $121.00 $32.50 $148.50 $116.00 1 $32.50 $148.50 Tuesday, July 8, 2025 $101.50 $101.50 $116.00 1 $121.00 $32.50 $148.50 N/A N/A N/A N/A Wednesday, July 9, 2025 $101.50 $101.50 $116.00 1 $121.00 $32.50 $148.50 $116.00 1 $32.50 $148.50 Thursday, July 10, 2025 $101.50 $101.50 $116.00 1 $121.00 $32.50 $148.50 N/A N/A N/A N/A Friday, July 11, 2025 $101.50 $101.50 $116.00 1 $121.00 $32.50 $148.50 $0.00 Saturday, July 12, 2025 $212.00 $212.00 $212.00 1 $121.00 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, July 13, 2025 $212.00 $212.00 $212.00 1 $121.00 $32.50 $244.50 Monday, July 14, 2025 $101.50 $101.50 $116.00 1 $121.00 $32.50 $148.50 $116.00 1 $32.50 $148.50 Tuesday, July 15, 2025 $101.50 $101.50 $116.00 N/A N/A N/A N/A N/A N/A N/A N/A Wednesday, July 16, 2025 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Thursday, July 17, 2025 $101.50 $101.50 $116.00 N/A N/A N/A N/A N/A N/A N/A N/A Friday, July 18, 2025 $101.50 $101.50 $116.00 1 $32.50 $148.50 Saturday, July 19, 2025 $212.00 $212.00 $212.00 1 $121.00 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, July 20, 2025 $212.00 $212.00 $212.00 1 $121.00 $32.50 $244.50 Monday, July 21, 2025 $101.50 $101.50 $116.00 1 $121.00 $32.50 $148.50 N/A N/A N/A N/A Packet Page 84

SEASIDE PONY
2025 FIELD USAGE CALCULATIONS
1 2
3 4
5 A B C D E F G H I J K M
2025 PONY FIELD USAGE

Some dates that are unavailable due to Seaside High using Soper.

Cutino

BASED ON PREVIOUS PONY USAGE
Metz Soper
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
Tuesday, July 22, 2025 $101.50 $101.50 N/A N/A N/A N/A N/A N/A N/A N/A N/A Wednesday, July 23, 2025 $101.50 $101.50 $116.00 1 $121.00 $32.50 $148.50 N/A N/A N/A N/A Thursday, July 24, 2025 $101.50 $101.50 N/A N/A N/A N/A N/A N/A N/A N/A N/A Friday, July 25, 2025 $101.50 $101.50 $116.00 1 $121.00 $32.50 $148.50 N/A N/A N/A N/A Saturday, July 26, 2025 $212.00 $212.00 $212.00 1 $32.50 $244.50 $116.00 2 $32.50 $181.00 Sunday, July 27, 2025 $212.00 $212.00 $212.00 1 $32.50 $244.50 Monday, July 28, 2025 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Tuesday, July 29, 2025 $101.50 $101.50 N/A N/A N/A N/A N/A N/A N/A N/A N/A Wednesday, July 30, 2025 $101.50 $101.50 $116.00 1 $32.50 $148.50 $116.00 1 $32.50 $148.50 Thursday, July 31, 2025 $101.50 $101.50 N/A N/A N/A N/A N/A N/A N/A N/A N/A Total - 171 days $22,762.00 $20,253.50 $186.00 $3,751.00 $6,045.00 $26,066.50 $10,904.00 132 $4,290.00 $15,194.00 Amount requesting to be waived
FIELDS

FIELD FEE

SPRING FALL BALL

TOAL FIELD

USE LIGHTS FEE
BBQ Area
Fee
Hard Cost staff
hours Hard Cost Restroom
Supplies TOTAL
METZ $22,762.00 $0.00 $22,762.00 $0.00 $0.00 $2,990.00 $2,500.00 $28,252.00 SOPER $20,253.50 $0.00 $20,253.50 $6,045.00 $3,751.00 $2,990.00 $2,500.00 $35,539.50 CUTINO $10,904.00 $0.00 $10,904.00 $4,290.00 $0.00 $2,990.00 $2,500.00 $20,684.00 $53,919.50 $0.00 $53,919.50 $10,335.00 $3,751.00 $8,970.00 $7,500.00 $84,475.50 Packet Page 85

CITY OF SEASIDE

STAFF REPORT
Item No.: 9.H.

TO: City Council
FROM: Craig Malin, Interim City Manager
BY: Thomas Korman, Public Works Director/City Engineer
Leslie Llantero, Assistant Engineer
DATE: January 16, 2025
SUBJECT: ADOPT A RESOLUTION APPROVING AN AMENDMENT TO THE

PROFESSIONAL SERVICE AGREEMENT WITH PAVEMENT
ENGINEERING INC. FOR CONSTRUCTION MANAGEMENT
SERVICES FOR THE 2024 HOT SPOT PAVEMENT REPAIR
PROJECT FOR AN AMOUNT NOT TO EXCEED $58,900.00

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute an amendment to the professional services agreement with Pavement Engineering Inc. (PEI) for Construction Management Services for the 2024 Hot Spot Pavement Repair Project for an amount not to exceed $58,900.00 and authorize the City Manager to execute up to an additional 15% contingency for written amendments and extensions, such that the full value may not exceed $67,735.00.

BACKGROUND
The 2024 Hot Spot Pavement Repair Project (Project) includes 4-inch deep "dig out" pavement repairs totaling 15,000 square feet and 1-1/2 inch thin maintenance overlays on eight street segments located throughout the City.

JV Lucas Paving Inc. construction agreement will be considered at this January 16th Council Meeting under a separate item. The project is expected to take 45 working days to complete and requires construction coordination, daily oversight of the contractor and material testing.

The City does not have the personnel resources to provide construction management, inspection services, and material testing at this time. PEI is on the City approved list of Packet Page 86

Item No. 9.H. Page 2 of 2
consultants to perform professional and technical services for implementation of the Capital Improvement Program. At the request of the City, PEI submitted a proposal to provide construction management services for the Project. The services include preconstruction coordination, submittal review, contractor coordination, response to contractor's request for information, processing change order requests, quantity calculations, progress estimates, daily inspections, site documentation, materials testing, and project closeout. PEI has successfully provided construction management and inspection services for pavement capital improvement projects and is currently contracted for material testing on the 2023 Pavement Rehabilitation Project. Staff reviewed the proposal and found the scope and fee acceptable.

FISCAL IMPACT
The amendment to the professional services agreement with PEI is for an amount not to exceed $58,900.00 and with 15% contingency a total of $67,735.00. There is $855,566.00 in the adopted budget for the 2024 Hot Spot Pavement Repair Project in account (212-8920-9600).

ATTACHMENTS

1. Resolution

2. PEI PSA Amendment
Reviewed for Submission to the City Council by:

________________________________________
Craig Malin, Interim City Manager
Packet Page 87
Meeting Date: 01/16/25
Item #: X.X.

RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH PAVEMENT ENGINEERING INC. FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE 2024 PAVEMENT REPAIR PROJECT FOR AN AMOUNT NOT TO EXCEED $58,900.00.

WHEREAS, 2024 Hot Spot Pavement Repair Project (Project) design entails field investigation and evaluation of pothole locations based upon the Public Works frequently requested locations and See Click Fix reported pothole locations; and WHEREAS, Pavement Engineering Inc. (PEI) prepared bid documents for the 2024 Hot Spot Pavement Repair Project which includes 4-inch deep “dig out” pavement repairs totaling 15,000 square feet and thin maintenance overlays on eight roadway sections; and
WHEREAS, on December 5, six bids were received and JV Lucas Paving Inc. was determined to have the lowest responsive and responsible bid in the amount of $614,032.50 which will be considered at this January 16, 2024 meeting; and WHEREAS, the Project requires daily inspection, review submittals and respond to request for information submitted by the contractor during construction in addition to material testing; and
WHEREAS, PEI is on the City approved list of consultants to perform professional and technical services for implementation of the Capital Improvement Program; and WHEREAS, PEI submitted a proposal to amend their existing professional services agreement to perform construction management, inspection, and material testing services for the Project from pre-construction through project closeout in the amount of $58,900.00; and
WHEREAS, staff has determined the prosed scope of work and budget are reasonable; and
WHEREAS, an amount of $8,835.00 contingency, 15% of the amendment value, should be authorized on an as required basis; and
Packet Page 88
Meeting Date: 01/16/25
Item #: X.X.

WHEREAS, there are sufficient funds in the Pavement Rehabilitation account (212-8920-9600) for PEI to perform construction management services as described above for the 2024 Hot Spot Pavement Repair Project.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute an amendment with Pavement Engineering Inc. for construction management services for the 2024 Hot Spot Pavement Repair Project for an amount not to exceed $58,900.00.

BE IT FURTHER RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute up to an additional 15% contingency for written amendments and extensions such that the full value may not exceed $67,735.00.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 16th day of January, 2025, by the following vote:

PROFESSIONAL SERVICES
City of Seaside
PEI Amendment #1 for 2024 Hot Spot Page 1
Date: January 26, 2025 Change Requested by: _X_ City/District _ _ Consultant Contract Date Project Name
10/03/2024 2024 Hot Spot Pavement Repair
To (Consultant): Pavement Engineering Incorporated, 3485 Sacramento Drive, Suite A, San Luis Obispo, CA 93401
You are directed to make the following changes to the Contract Documents or amend the following described work not included in the contract documents for this project.

The purpose of this addendum is to provide additional professional services related to the project named above. The contract terms and conditions shall not be modified except for as stated herein.

MODIFY the following text in Section 1, “Term”
This Agreement shall commence on the effective date and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2026 unless sooner terminated pursuant to the provisions of this Agreement.

MODIFY the following text in Section 2, “Services”
Consultant shall perform the tasks described and set forth in Exhibit A and A1 attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A and A1.

MODIFY the following text in Section 5, “Payment”
(a) The Agency agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B1, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed One Hundred Eleven Thousand, Five Hundred Twenty Dollars ($111,520.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.

MODIFY the following text in Section 22, “Contents of Request for Proposal and Proposal” Consultant is bound by the contents of City's Request for Proposal, Exhibit D hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Consultant, Exhibit A and A1 attached hereto. In the event of conflict, the requirements of Agency’s Request for Proposals and this Agreement shall take precedence over those contained in the Consultant’s proposal.

Original Contract
Amount
Previous CCO Total (Not
including this
Amendment)
This
Amendment
Total
Revised Contract
Amount
$52,620.00 $0 $58,900.00 $111,520.00
Original Contract
Time
Original Completion Date
Days To Date
(Including This
Amendment)
Revised Completion
Date
24 Months June, 30, 2025 12 Months June, 30, 2026
Packet Page 90
CONTRACT AMENDMENT #1

PROFESSIONAL SERVICES
City of Seaside
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t .. , . r ,.a -,.7' . a:.a
.,, _,, ,.a'i.,," " "l ., ,lt' i . l .,. IHl' '., 'll'..l ii, , "a. }:J,.,,""--l'-,:-,1,:. I: :J.?Ill::- "
'\'\-,,4 /
Tliomas Korman
-!ublic Works Director/City Engineer {A/-zzy
X - -Signa\-i-re Name and Title ( ' Date
.<;r".\lPRffiY4ae:-. ',,'
Craig Malin
Inte City Manager
Sigiiature Name and Title Dare
.H,<n,): -.-.':i
i
(\/ F, Joe Ririe, P.E.

Principal Engineer . t /Z (1015
Sigiiature Name and Title Date
PEI Amendi'nent #i for 2024 Hot Spot Page 2
Packet Page 91
Packet Page 92
Packet Page 93
Packet Page 94
Packet Page 95
Packet Page 96
Packet Page 97
Packet Page 98
TASK 1 PROJECT ADMINISTRATION
Position Rate Hours Total
Senior Principal Engineer $270 3 $810
Associate Engineer $190 21.12 $4,012
Senior Engineering Technician $165 10 $1,650
$6,472
TASK 2
Senior Principal Engineer $270 3 $810
Associate Engineer $190 22.25 $4,228
Senior Engineering Technician $165 1 $165
Engineering Technician $150 0 $0
$5,203
TASK 3 BID SUPPORT SERVICES
Senior Principal Engineer $270 3.5 $945
Assistant Engineer $190 0 $0
$945
$12,620.00
Est. Total:

Est. Total:

Total Estimated Project Fee:

FEE BREAKDOWN SCHEDULE
2024 HOT SPOT PAVEMENT REPAIR PROJECT

CITY OF SEASIDE
PLANS, SPECIFICATIONS and ESTIMATES
Est. Total:

Packet Page 99
Packet Page 100
Packet Page 101

CITY OF SEASIDE

STAFF REPORT
Item No.: 9.I.

TO: City Council
FROM: Craig Malin, Interim City Manager
BY: Thomas Korman, Public Works Director/City Engineer
DATE: January 16, 2025
SUBJECT: ADOPT A RESOLUTION APPROVING AN AMENDMENT TO THE

PROFESSIONAL SERVICE AGREEMENT WITH CALIFORNIA

PREMIER RESTORATION FOR ON-CALL PROPERTY CLEAN-UP
SERVICES FOR AN AMOUNT NOT TO EXCEED $33,440.77

RECOMMENDATION
Adopt a resolution to approve an amendment to the Professional Service Agreement with California Premier Restoration.

BACKGROUND
On July 6, 2023 the City awarded California Premier Restoration (CPR) a contract for on-call property clean-up services with the stated goals for CPR to provide on-call cleanup services to remove personal property stored on public property, including homeless encampments, alley ways, and other public property as needed. They have successfully been providing this service to the City over the last year and a half.

On December 8th, 2024, our sanitation department responded to a sewer mainline stoppage on a 12-inch sewer main located on Canyon Del Rey Boulevard. Our on-call staff arrived promptly at 1:30 p.m. and successfully cleared the blockage by 2:20 p.m.

Unfortunately, this stoppage caused sewage to flood the downstairs area of City Hall, affecting the Police Department, with sewage emerging from all the floor drains in that department.

Upon receiving the call, staff immediately contacted CPR to initiate cleanup services.

Cleanup efforts included the removal of wet carpet and the vacuuming of standing water. The contractors also provided large air fans and dehumidifiers to expedite the drying process in the affected area. While the standing water was mostly vacuumed up, Packet Page 102

Item No. 9.I. Page 2 of 2
the contractor could not remove all the water from beneath the tiles and behind the sheetrock. As a result, the floor tiles and sheetrock will need to be removed to clean up the remaining water.

The magnitude of the clean-up is more than was originally anticipated with the original contract amount and therefore the contract needs to be amended to increase the amount to cover the costs associated with the cleanup of the Police Department while still having funds available for routine public property clean-up throughout the city as needed.

The cost of clean-up was an amount of $33,440.77 which included extraction of contaminated water, removal of carpeting, drying of flood areas, sanitization of affected areas and other emergency clean-up services.

FISCAL IMPACT
There are sufficient funds in the Public Works/Engineering Community Projects Subcontracted Work fund (Account No. 100-8430-2073).

Available Budget Account Amount
100-8430-2073 $131,535
Estimated Expenditures Amount
Not to Exceed Contract Amount $33,440.77
Total $33,440.77
The Amendment to the Professional Services Agreement with CPR is for an amount not to exceed $33,440.77. The total not to exceed amount $33,440.77.

ATTACHMENTS

1. Resolution

2. Amendment 4
Reviewed for Submission to the City Council by:

________________________________________
Craig Malin, Interim City Manager
Packet Page 103
Meeting Date: 1/16/25
Item #: 9.I.

RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING AN AMENDMENT TO THE PROFESSIONAL SERVICE AGREEMENT

WITH CALIFORNIA PREMIER RESTORATION FOR ON-CALL PROPERTY CLEAN-UP SERVICES FOR AN AMOUNT NOT TO EXCEED $33,440.77 WHEREAS, on July 6, 2023, the City awarded California Premier Restoration a contract for on-call property clean-up services; and
WHEREAS, On December 8, 2024, a sewer mainline stoppage caused sewage flooding in the downstairs are of City Hall, affecting the Police Department; and WHEREAS, California Premier Restoration (CPR) conducted immediate cleanup efforts including removal of wet carpet and vacuuming; and WHEREAS, the magnitude of the clean-up is more than was originally anticipated with the original contract amount and therefore the contract needs to be amended to increase the amount to cover the costs associated with the cleanup; WHEREAS, CPR submitted a proposal to perform the clean-up of the Police Department in the amount of $33,440.77; and
WHEREAS, staff has determined the proposed scope of work and budget are reasonable; and
WHEREAS, there are sufficient funds in the Public Works/Engineering Community Project Subcontracted Work fund (Account No. 100-8430-2073) for CPR to perform the on-call clean-up services.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute an amendment with California Premier Restoration for On-Call Property Clean-Up services for an amount not to exceed $33,440.77.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of Seaside duly held on the 16th day of January 2025, by the following vote:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
Packet Page 104
-2
APPROVED:
_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED TO FORM:
______________________________
Sheri L. Damon, City Attorney
Packet Page 105
CONTRACT AMENDMENT #4

CONTRACTOR SERVICES
City of Seaside

Page 1 ends

Date: December 27, 2024 Change Requested by: _ X_ City/District _ _ Consultant Contract Date Project Name
___08/01/2023__ ___On-Call Property Clean Up Services
To (Contractor): California Premier Restoration Inc., 9821 Blue Larkspur Lane, Suite 200, Monterey, CA 93940
You are directed to make the following changes to the Contract Documents or amend the following described work not included in the contract documents for this project.

The purpose of this addendum is to provide additional professional services related to the project named above. The contract terms and conditions shall not be modified except for as stated herein.

MODIFY the following text in Section 2, “Services.”
Consultant shall perform the tasks described and set forth in Exhibit A, A1 and A2 attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A, A1 and A2.

MODIFY the following text in Section 4, “Contents of Request for Proposal and Proposal.” Consultant is bound by the contents of City's Request for Proposal, Exhibit "D" hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Consultant, Exhibit A, A1 and A2 attached hereto.

MODIFY the following text in Section 6, “Payment.”
(a) City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit D, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed ONE

HUNDRED FIFTEEN THOUSAND NINE HUNDRED FORTY DOLLARS AND SEVENTY-SEVEN CENTS ($115,940.77) which sum shall include all costs, if any, for the total term of the Agreement unless additional payment is approved as provided in this Agreement.

Packet Page 106
Packet Page 107
On-Call Property Clean-Up Services

EXHIBIT A

SCOPE OF WORK
Exhibit A
Packet Page 108

SCOPE OF WORK
The City is requesting proposals from qualified contractors for on-call property clean-up services. The Scope of Work shall include but not be limited to the following tasks and deliverables.

1. CONTRACTOR DUTIES AND RESPONSIBILITIES

1.1 Contractor shall clean-up encampment sites and other areas as assigned by City. Preparation for cleanups shall include: surveying sites, scheduling clean-ups with City staff, planning for clean-ups (labor, equipment, specialists, sub-contractors), procedural record keeping for each job as described below.

Clean-ups shall include collecting and sorting of debris, shopping carts, e-waste, mattresses etc., separating out personal property (defined in Attachment A), dismantling temporary structures, removing trash, and disposing of all debris at the Monterey Peninsula Landfill or other appropriate disposal site. Contractor shall profile, manifest and dispose of materials excluded from disposal at said landfill (i.e. hazardous waste, universal waste, medical waste, and other items banned from landfills or transfer station) at a site permitted to accept such material.

1.2 As needed, Contractor will clean-up City alley ways on an on-call basis.

1.3 Contractor shal1 supply all labor, materials, tools, heavy machinery and equipment, vehicles, protective clothing, protective gear, portable bathroom facilities, dumpsters, and other supplies that may be required to remove large quantities of debris, litter, and waste. Such equipment, tools and protective gear shall be sufficient for all conditions including jobsites that may be located in heavy foliage, poison oak, steep embankments, by lakes, occasionally on private property (with permission granted), public right of way and other areas requiring alertness to the environment and pre- planning to prevent injury or illness.

1.4 Contractor shall coordinate with the City on a project-by-project basis to determine the scope for each encampment clean-up. The scope will establish the project start date, period of work, size/scope of the job, work location, the name and title of the onsite Contractor representative, and the estimated notto-exceed cost of the clean- up. Additional specific instructions will be given at the work location.

1.5 Contractor shall post City provided "Notice to Vacate" signs at the work site prior to the commencement of each removal project as established in the work-scope and as directed by City staff.

Depending on circumstances this posting may occur no less than a minimum of 72-hours from the date of the clean-up, or up to two-weeks prior to the clean-up. Contractor shall photograph posted notices to document time and location of posting.

1.6 Contractor shall be responsible for the supervision/management of its crew and ensure all necessary safety procedures are followed. This individual will also serve as the contact person for all projects.

1.7 Contractor shall provide bags and tags, and identify and tag certain items as "personal property." Such items include but are not limited to items in good repair such as tents, backpacks, medication, eye glasses, books, jewelry, stoves, audio equipment, toiletries, personal records, handbags, personal photographs, duffel bags, bedrolls, blankets, watches, and clean clothing. The Contractor will transport identified property for storage to a site designated by City as directed by City Staff. Guidelines for the proper identification and classification of personal property may be found in Attachment A. In addition, the City will provide training and written instructions as required for the Contractor to help identify, sort, tag, photograph, and catalogue what will be retained as personal property. Contractor wiJl also be responsible for posting notice at each clean-up site indicating contact information for reclaiming personal property.

1.8 Contractor shall photograph the encampment site before and after the clean-up to document the condition of the site and the date of the clean-up. Photographs of clean- up will be provided to the City electronically after completion of the clean-up. Photographs will include information specifying time and place where the photo was taken.

1.9 Contractor shall follow best practices work procedures to safely manage any hazardous materials that may be found on the jobsite, including urine, feces, soiled personal hygiene items, syringes, and other materials which could pose a health threat. Weapons or drugs will not be moved by the Contractor.

Packet Page 109
City of Seaside
Scope of Work
On-Call Property Clean-Up Services

1.10 Contractor shall immediately contact the City Police Department in the event that weapons or drugs are found at the encampment.

1.11 If necessary, Contractor shall work with City representatives to obtain, maintain and comply with all permits required to perform clean-ups along watercourses, including but not limited to, any permits required by the California Regional Water Quality Control Board, the U.S. Army Corps of Engineers or the California Department of Fish and Wildlife.

1.12 Contractor shall notify the City when the work is complete and provide a clean-up report for each site including total weight of debris removed.

1.13 In the event that an adjacent homeless encampment is discovered in the general area during the course of a project, Contractor shall notify the City's designated representative to obtain authorization prior to proceeding with any additional work that was not identified in the work scope.

1.14 Contractor shall provide a representative, if requested by City, to attend regional encampment clean-up coordination meetings that involve multiple agencies, jurisdictions, and/or special interest organizations.

1.15 City reserves the right to cancel any given project if the City deems, in its sole discretion, that unsafe conditions exist at the site on the day of a planned event. The City will attempt to provide the Contractor with at least a 24 hour notice of any project cancellation.

1.16 Contractor shall perform work in a timely and efficient manner, and conduct themselves in a courteous and business-like fashion at all times.

1.17 Contractor shall properly handle and dispose of solid waste and hazardous waste in accordance with all applicable laws.

1.18 Contractor shall coordinate manifesting and billing between disposal site and the City so that landfill costs, including tipping fees, are billed directly to the City. Contractor shall provide proper documentations, such as manifests and weight tickets, for all wastes disposed of.

2. CITY RESPONSIBILITIES

1.1 City shall issue a work order and provide a minimum 24-hour notice to the Contractor prior to the start time of a clean-up project and issue maps and property boundary information as appropriate.

1.2 City shall provide security during the posting of the "Notice to Vacate" and for the duration of the clean-up.

1.3 City shall provide a representative to serve as a point of contact in writing, approving, and issuing work orders, and addressing any Contractor issues or questions that may arise during the course of a clean-up.

1.4 City shall provide training and written instructions as required for the Contractor to help identify, sort, tag, photograph, and catalogue what will be retained as personal property. -2-
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Oty of Seaside
Request for Proposal to Provide Professional Services for On-call Property Clean-Up Services
Attachment A
Guidelines for Property Identification

1. Unless an item is obvious trash or poses an immediate threat to public health or safety it should be retained for storage as potential personal property. Items that are arranged in a manner that suggests ownership (e.g.: items that are neatly folded or stacked, stored off the ground, hung or clearly on display or packed in bag or box) should be retained for storage.

2. If there is any uncertainty regarding whether an item should be thrown away or stored, it should be stored. City staff should be consulted as needed.

3. Examples of items to take to storage: The following are examples of items that are considered personal property and will be stored:
• ID/Social Security cards
• Birth Certificates
• Medications
• Tents
• Stove or barbeque grill
• Pots, pans, and cooking utensils
• Packaged non-perishable foods
• Sleeping bag, blanket
• Clothing
• Backpack or other bag
• Handheld tools
• Tents
• Radios & Electronics
• Photos/Photo Albums
• Tax/medical records
• Intact Bicycles
• Jewelry
• Purses/backpacks/briefcases
• Eyeglasses
• Books
• Tools
• Generators
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City of Seaside
Request for Proposal to Provide Professional Services for On-Call Property Clean-Up Services

4. Items that are trash or pose a threat to public health or safety and will not be stored. The following are examples of conditions that will cause on item (including those examples listed above) to be immediately disposed of:
• Soiled or moldy items including items that smell, are stained with urine, bodily waste, or mud, or are infested with fleas, bed bugs, rats or other vectors
• Loose or scattered papers
• Wet or damp clothing, bedding, or sleeping bags
• Perishable food or personal products that will spoil or rot in storage • Bike carcasses
• Shopping carts
• Broken or disassembled items or those stripped of parts • Contaminated: items used for hygiene or that present a risk of biohazard (i.e. used toothbrushes, hairbrushes, washcloths, bandages, sponges, and underwear)
• Hazardous or Explosive: items that could corrode or burn in storage (i.e. car batteries, gasoline cans, and propane tanks)
• Weapons: weapons will be turned over to the SPD
• Obvious Trash: Food/beverage wrappers, tissue/paper napkins, open household product containers
• All medications and controlled substances will be turned over to the PD for storage
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EXHIBIT A1

SCOPE OF WORK
The City is requesting proposals from qualified contractors for on-call property clean-up services in public right of way. The Scope of Work shall include but not be limited to the following tasks and deliverables.

1. CONTRACTOR DUTIES AND RESPONSIBILITIES

Clean-ups shall include collecting and sorting of debris, shopping carts, e-waste, mattresses etc. in public right of way, separating out personal property (defined in Attachment A), dismantling temporary structures, removing trash, and disposing of all debris at the Monterey Peninsula Landfill or other appropriate disposal site. Contractor shall profile, manifest and dispose of materials excluded from disposal at said landfill (i.e. hazardous waste, universal waste, medical waste, and other items banned from landfills or transfer station) at a site permitted to accept such material.

1.2 As needed, Contractor will clean-up City alley ways on an on-call basis.

1.3 Contractor shall supply all labor, materials, tools, heavy machinery and equipment, vehicles, protective clothing, protective gear, portable bathroom facilities, dumpsters, and other supplies that may be required to remove large quantities of debris, litter, and waste. Such equipment, tools and protective gear shall be sufficient for all conditions including jobsites that may be located in heavy foliage, poison oak, steep embankments, by lakes, occasionally on private property (with permission granted), public right of way and other areas requiring alertness to the environment and pre- planning to prevent injury or illness.

1.5 Contractor shall post City provided "Notice to Vacate" signs at the work site prior to the commencement of each removal project as established in the work-scope and as directed by City staff.

1.7 Contractor shall provide bags and tags, and identify and tag certain items as "personal property." Such items include but are not limited to items in good repair such as tents, backpacks, medication, eye glasses, books, jewelry, stoves, audio equipment, toiletries, personal records, handbags, personal photographs, duffel bags, bedrolls, blankets, watches, and clean clothing. The Contractor will transport identified property for storage to a site designated by City as directed by City Staff. Guidelines for the proper identification and classification of personal property may be found in Attachment A. In addition, the City will provide training and written instructions as required for the Contractor to help identify, sort, tag, photograph, and catalogue what will be retained as personal property. Contractor will also be responsible for posting notice at each clean-up site indicating contact information for reclaiming personal property.

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City of Seaside
Scope of Work
On-Call Property Clean-Up Services
- 2 -

1.10 Contractor shall immediately contact the City Police Department in the event that weapons or drugs are found at the encampment.

1.12 Contractor shall notify the City when the work is complete and provide a clean-up report for each site including total weight of debris removed.

1.16 Contractor shall perform work in a timely and efficient manner, and conduct themselves in a courteous and business-like fashion at all times.

1.17 Contractor shall properly handle and dispose of solid waste and hazardous waste in accordance with all applicable laws.

2. CITY RESPONSIBILITIES

1.1 City shall issue a work order and provide a minimum 24-hour notice to the Contractor prior to the start time of a clean-up project and issue maps and property boundary information as appropriate.

1.2 City shall provide security during the posting of the "Notice to Vacate" and for the duration of the clean-up.

1.4 City shall provide training and written instructions as required for the Contractor to help identify, sort, tag, photograph, and catalogue what will be retained as personal property.

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EXHIBIT A2
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CITY OF SEASIDE

STAFF REPORT
Item No.: 9.J.

TO: City Council
FROM: Craig Malin, Interim City Manager
BY: Thomas Korman, Public Works Director/City Engineer
Andreas Baer, Senior Engineer
DATE: January 16, 2025
SUBJECT: ADOPT A RESOLUTION APPROVING THE SPECIFICATIONS FOR THE 2025 GENERAL BUILDING ON CALL CONTRACT,

AWARDING A NOT-TO-EXCEED CONSTRUCTION CONTRACT TO
THE TWO (2) LOW BIDDERS PUEBLO CONSTRUCTION INC,
AND PRO-EX CONSTRUCTION INC. WITH AN ANNUAL
FUNDING LIMIT OF $1,000,000.00 AND DIRECTING THE

PUBLIC WORKS DIRECTOR TO AUTHORIZE INDIVIDUAL WORK
ORDERS

RECOMMENDATION
Adopt a resolution awarding contracts for the 2025 On-Call Job Order (General Building) Contracts.

BACKGROUND

DISCUSSION
On November 21st, 2024, the City Council authorized staff to utilize multiple on call construction contracts and directed staff to bid out general engineering and general building on call contracts for multiple on call contractors. On call construction contracts are efficient means to construct emergency work and capital improvement projects in a timely and cost-effective manner. On November 28th, 2024 staff advertised the 2025 General Building On Call Contract for bid.

Although the quantity of work cannot be well-defined at the outset of an annual On-Call contract, the type of work can be defined. The low bid public bidding process required contractors to provide unit pricing, labor rates, markups, and pricing schedules that establish clear unit costs for itemized and otherwise well-defined types of work anticipated-throughout the year.

To ensure the City has a readily available work force the bid was advertised for multiple on call contracts where individual work orders were offered first to the low bidder who will be entitled to Packet Page 122

Item No. 9.J. Page 2 of 8
perform the work unless the contractor declines the project, or the City determines the Contractor would be unable to timely and satisfactorily perform the work due to bidder responsibility factors established by the City including, but not limited to, adequate financial, material, equipment, facility, workforce and personnel resources. Upon such determination by the City, the project shall be offered next to the second low bidder.

The 2025 on call contracts for the general building and general engineering trades are set to a notto-exceed limit of $1,000,000.00. The limit is adequate to cover multiple small projects, regularly recurring repetitive work, and to mobilize forces to respond immediately to a large scale emergency.

Staff set the new construction project limit at $175,000.00 to prevent the use of the On-Call contractor for large well planned non-emergency projects that would deplete the available fund.

Bids for both the 2025 General Building On Call Contract were received on December 19th, 2024.

Two (2) bids were received and opened publicly from the following contractors:

Contractor Base Bid
Schedule A
Base Bid
Schedule B
Grand Total Bid
Pueblo Construction Inc. $101,211.20 $33,000.00 $134,211.20 Pro-Ex Construction Inc. $256,550.00 $94,000.00 $350,550.00 The award of the contract is based upon the lowest responsive, responsible bid comparing the contractors grand total bid amounts. Pueblo Construction Inc. is the lowest responsive and responsible bidder, with a bid of $134,211.20. Pro-Ex Construction Inc. is the second low bidder with a grand total bid of $350,550.00. Staff reviewed both bids and determined them to be responsive, and that the bidders and subcontractors have the necessary qualifications, and experience level to satisfactorily perform all work within the project scope. Staff is recommending to award annual on call general building contracts to the first low bidder Pueblo Construction Inc. and the second low bidder Pro-Ex Construction Inc. each for annual not-to-exceed $1,000,000.00.

ENVIRONMENTAL COMPLIANCE
Award of an On Call contract with out defined work does not have a direct physical effect and is therefor excluded under CEQA. for work completed under this on call contract, this staff report establishes a list of categorical exemptions from the California Environmental Quality Act (CEQA) defining specific activities that fall within each class of exemptions set forth in Article 19 of the CEQA Guidelines. Projects consistent with the letter and intent of the exemptions expressed in such classes as defined herein are exempt when performed under this on call contract. All non-exempt projects shall undergo further environmental review with their findings and mitigations subject to City Council review and approval. Categorical exemptions are to be applied only where projects have not already been excluded from CEQA on some other basis. Projects that have no physical effects, or that involve only ministerial government action, are excluded.

The classes set forth in CEQA guidelines sections 15301 - 15332 are identified under the bold headings below, and explained for these exemptions as they apply to on call work in Seaside, Sand City, Del Rey Oaks, or the Presidio of Monterey including former Fort Ord areas.

Item No. 9.J. Page 3 of 8
endangers, listed, or special significance species. Therefor classes will not apply where the project may impact an areas of special significance that has been designated, precisely mapped, and officially adopted pursuant to law by federal, states or local agencies, and these classes are marked with an asterisk (*). In addition all classes of exemptions are inapplicable when the cumulative impact of successive projects of the same type and/or in the same place over time are significant. Finally, exemptions shall not be applied in the following circumstances: (1) A categorical exemption shall not apply for a project which may result in damage to scenic resources, including, but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway; (2) A categorical exemption shall not apply for a project located on a site which is included on any list of hazardous waste sites compiled pursuant to Section 65962.5 of the Government Code; (3) A categorical exemption shall also not apply for a project which may cause a substantial adverse change in the significance of a historical resource.

CLASS 1: Existing Facilities
Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing. Examples include but are not limited to:
(a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances.
(b) Existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services. (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). (d) Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood.
(e) Additions to existing structures provided that the addition will not result in an increase of more than:
(1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or
(2) 10,000 square feet if:
(A) The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and (B) The area in which the project is located is not environmentally sensitive. (f) Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities, or mechanical equipment, or topographical features including navigational devices.
(g) New copy on existing on- and off-premise signs.
(h) Maintenance of existing landscaping, native growth, and water supply reservoirs (excluding the use of economic poisons, as defined in Division 7, Chapter 2, California Agricultural Code). (i) Division of existing multiple-family or single-family residences into common-interest ownership and subdivision of existing commercial or industrial buildings, where no physical changes occur which are not otherwise exempt.
(j) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources.
(k) Conversion of a single-family residence to office use. (l) Use of a single-family residence as a small family day care home, as defined in Section 1596.78 of the Health and Safety Code.

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Item No. 9.J. Page 4 of 8
CLASS 2: REPLACEMENT OR RECONSTRUCTION
Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. examples include but are not limited to:
(a) Replacement or reconstruction of existing schools and hospitals to provide earthquake-resistant structures which do not increase capacity more than 50 percent. (b) Replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity.
(c) Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity.
(d) Conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding.
* CLASS 3: NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel. Examples of this exemption include but are not limited to:
(a) One single-family residence, or a second dwelling unit in a residential zone. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. (b) A duplex or similar multi-family residential structure totaling no more than four dwelling units. In urbanized areas, this exemption applies to apartments, duplexes, and similar structures designed for not more than six dwelling units.
(c) A store, motel, office, restaurant and/or similar small commercial structures not involving the use of significant amounts of hazardous substances, and not exceeding 2,500 square feet in floor area.

In urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use, if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. (d) Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction.
(e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences.
* CLASS 4: MINOR ALTERATIONS TO LAND
Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. Examples include but are not limited to:
(a) Grading on land with a slope of less than 10 percent, except that grading shall not be exempt in a waterway, in any wetland, in an officially designated (by federal, state, or local government action) scenic area, or in officially mapped areas of severe geologic hazard such as an Alquist-Priolo Earthquake Fault Zone or within an Official Seismic Hazard Zone, as delineated by the State Geologist.
(b) New gardening or landscaping, including the replacement of existing conventional landscaping with water-efficient or fire-resistant landscaping.
(c) Filling of earth into previously excavated land with material compatible with the natural features of the site.
(d) Minor alterations in land, water, and vegetation on existing officially designated wildlife management areas or fish production facilities which result in improvement of habitat for fish and Packet Page 125

Item No. 9.J. Page 5 of 8
wildlife resources or greater fish production.
(e) Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc.
(f) Minor trenching and backfilling where the surface is restored. (g) Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies.
(h) The creation of bicycle lanes on existing rights-of-way. (i) Fuel management activities within 30 feet of structures to reduce the volume of flammable vegetation, provided that the activities will not result in the taking of endangered, rare, or threatened plant or animal species or significant erosion and sedimentation of surface waters. This exemption shall apply to fuel management activities within 100 feet of a structure if the public agency having fire protection responsibility for the area has determined that 100 feet of fuel clearance is required due to extra hazardous fire conditions.

CLASS 7: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF NATURAL

RESOURCES
Class 7 consists of actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. Examples include but are not limited to wildlife preservation activities of the State Department of Fish and Game. Construction activities are not included in this exemption.

CLASS 8: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE

ENVIRONMENT
Class 8 consists of actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption.

CLASS 9: INSPECTIONS
Class 9 consists of activities limited entirely to inspection, to check for performance of an operation, or quality, health, or safety of a project, including related activities such as inspection for possible mislabeling, misrepresentation, or adulteration of products. * CLASS 11: ACCESSORY STRUCTURES
Class 11 consists of construction, or replacement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to:
(a) On-premise signs.
(b) Small parking lots.
(c) Placement of seasonal or temporary use items such as lifeguard towers, mobile food units, portable restrooms, or similar items in generally the same locations from time to time in publicly owned parks, stadiums, or other facilities designed for public use.

CLASS 23: NORMAL OPERATIONS OF FACILITIES FOR PUBLIC GATHERINGS Class 23 consists of the normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a past history of the facility being used for the same or similar kind of purpose. For the purposes of this section, "past history" shall mean that the same or similar kind of activity has been occurring for at least three years and that there is a reasonable expectation that the future occurrence of the activity would not represent a change in the operation of the facility. Facilities included within this exemption include, but are not limited to, racetracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pools, and Packet Page 126

Item No. 9.J. Page 6 of 8
amusement parks.

CLASS 29: COGENERATION PROJECTS AT EXISTING FACILITIES
Class 29 consists of the installation of cogeneration equipment with a capacity of 50 megawatts or less at existing facilities meeting the conditions described in this section. (a) At existing industrial facilities, the installation of cogeneration facilities will be exempt where it will:
(1) Result in no net increases in air emissions from the industrial facility, or will produce emissions lower than the amount that would require review under the new source review rules applicable in the county, and
(2) Comply with all applicable state, federal, and local air quality laws. (b) At commercial and industrial facilities, the installation of cogeneration facilities will be exempt if the installation will:
(1) Meet all the criteria described in Subsection (a),
(2) Result in no noticeable increase in noise to nearby residential structures, (3) Be contiguous to other commercial or institutional structures.

CLASS 30: MINOR ACTIONS TO PREVENT, MINIMIZE, STABILIZE, MITIGATE OR

ELIMINATE THE RELEASE OR THREAT OF RELEASE OF HAZARDOUS WASTE OR

HAZARDOUS SUBSTANCES
Class 30 consists of any minor cleanup actions taken to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of a hazardous waste or substance which are small or medium removal actions costing $1 million or less. No cleanup action shall be subject to this Class 30 exemption if the action requires the on site use of a hazardous waste incinerator or thermal treatment unit, with the exception of low temperature thermal desorption, or the relocation of residences or businesses, or the action involves the potential release into the air of volatile organic compounds as defined in Health and Safety Code section 25123.6, except for small scale in situ soil vapor extraction and treatment systems which have been permitted by the local Air Pollution Control District or Air Quality Management District. All actions must be consistent with applicable state and local environmental permitting requirements including, but not limited to, air quality rules such as those governing volatile organic compounds and water quality standards, and approved by the regulatory body with jurisdiction over the site.

Examples of such minor cleanup actions include but are not limited to:
(a) Removal of sealed, non-leaking drums or barrels of hazardous waste or substances that have been stabilized, containerized and are designated for a lawfully permitted destination; (b) Maintenance or stabilization of berms, dikes, or surface impoundments; (c) Construction or maintenance of interim or temporary surface caps; (d) Onsite treatment of contaminated soils or sludges provided treatment system meets Title 22 requirements and local air district requirements;
(e) Excavation and/or off site disposal of contaminated soils or sludges in regulated units; (f) Application of dust suppressants or dust binders to surface soils; (g) Controls for surface water run-on and run-off that meets seismic safety standards; (h) Pumping of leaking ponds into an enclosed container; (i) Construction of interim or emergency ground water treatment systems; (j) Posting of warning signs and fencing for a hazardous waste or substance site that meets legal requirements for protection of wildlife.

Item No. 9.J. Page 7 of 8
Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer.
* CLASS 32: IN-FILL DEVELOPMENT PROJECTS
Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section.
(a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
(c) The project site has no value as habitat for endangered, rare or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
(e) The site can be adequately served by all required utilities and public services.

FISCAL IMPACT
The On Call construction contracts with Pueblo Construction Inc. and Pro-Ex Construction Inc. are Not-To-Exceed Contracts for a cumulative one million dollars ($1,000,000) over a single calendar year. The contract sum of these contracts can not be well defined at the outset. Contractors are not at any time guaranteed work under this contract, and work is issued only under the sole discretion of the City. The contract sum may be zero dollars ($0.00) over a contract period.

Work under this contract will be issued under individual work orders as described in the Specifications. All work order shall undergo a financial review by the Finance Director to ensure sufficient funds are available for the work. Work Orders require signed approval by the Finance department prior to issuance. Funding will be made through individual project budgets and/or facility accounts. Work Orders will not be issued unless adequate project funding is identified prior to issuance.

ATTACHMENTS

1. Resolution

2. Pueblo Bid

3. Pro-Ex Construction Bid

4. Pueblo Sample Contract

5. PRO_EX Sample Contract

6. Sample Work Order
Reviewed for Submission to the City Council by:

________________________________________
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Item No. 9.J. Page 8 of 8
Craig Malin, Interim City Manager
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Meeting Date: 01/16/25
Item #: X.X.

RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE APPROVING THE SPECIFICATIONS FOR THE 2025 GENERAL BUILDING ON

CALL CONTRACT, AWARDING A NOT-TO-EXCEED CONSTRUCTION CONTRACT TO THE TWO (2) LOW BIDDERS PUEBLO CONSTRUCTION INC, AND PRO-EX CONSTRUCTION INC. WITH AN ANNUAL FUNDING LIMIT OF ONE MILLION ($1,000,000.00) AND DIRECTING THE PUBLIC WORKS DIRECTOR TO AUTHORIZE INDIVIDUAL WORK ORDERS.

WHEREAS, November 21st, 2024 the City Council approved a resolution authorizing staff to utilize multiple on call construction contracts and directing staff to bid out general engineering and general building on call contracts for multiple on call contractors; and WHEREAS, On call contract for construction work will provide the City of Seaside (City) with a readily available work force for construction work and emergency response often saving time and money; and
WHEREAS, On November 28th, 2024 the City advertised the 2025 General Building On Call Construction Contract for bid; and
WHEREAS, Pueblo Construction Inc. was determined to have the lowest responsive and responsible bid in the amount of $134,211.20; and
WHEREAS, Pro-Ex Construction Inc. was determined to have the second lowest responsive and responsible bid in the amount of $350,550.00; and WHEREAS, The basis of award for the 2025 General Building On Call Construction Contract is determined by the lowest responsive responsible bid based on the grand total bid amount; and
WHEREAS, Pueblo Construction Inc., and Pro-Ex Construction Inc. have successfully demonstrated their qualifications by completed similar work projects; and WHEREAS, Award of this on call contract for work that is not yet defined has not physical effect and is excluded from CEQA; and
WHEREAS, Award of an On Call contract without defined work does not have a direct physical effect and is therefore excluded under CEQA. for work completed under this on call contract, this staff report establishes a list of categorical exemptions from the California Environmental Quality Act (CEQA) defining specific activities that fall within each class of exemptions set forth in Article 19 of the CEQA Guidelines. Projects consistent with the letter and intent of the exemptions expressed in such classes as defined herein are exempt when performed under this on call contract. All non-exempt projects shall undergo further Packet Page 130
Meeting Date: 01/16/25
Item #: X.X.
environmental review with their findings and mitigations subject to City Council review and approval. Categorical exemptions are to be applied only where projects have not already been excluded from CEQA on some other basis. Projects that have no physical effects, or that involve only ministerial government action, are excluded.

Classes 3, 4, 11, and 32 are qualified by consideration of where the project is to be located. A project that would ordinarily be insignificant in its impact on the environment such as replacing a utility line under a downtown landscaped parcel may be significant, if it is in a particularly sensitive or hazardous area such as Seaside East in former Fort Ord lands with maritime chaparral and endangers, listed, or special significance species. Therefor classes will not apply where the project may impact an areas of special significance that has been designated, precisely mapped, and officially adopted pursuant to law by federal, states or local agencies, and these classes are marked with an asterisk (*). In addition all classes of exemptions are inapplicable when the cumulative impact of successive projects of the same type and/or in the same place over time are significant. Finally, exemptions shall not be applied in the following circumstances: (1) A categorical exemption shall not apply for a project which may result in damage to scenic resources, including, but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway; (2) A categorical exemption shall not apply for a project located on a site which is included on any list of hazardous waste sites compiled pursuant to Section 65962.5 of the Government Code; (3) A categorical exemption shall also not apply for a project which may cause a substantial adverse change in the significance of a historical resource.

Examples include but are not limited to:
(a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances.
(b) Existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services. (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). (d) Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood.
(e) Additions to existing structures provided that the addition will not result in an increase of more than:
(1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or
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Meeting Date: 01/16/25
Item #: X.X.
(2) 10,000 square feet if:
(A) The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and (B) The area in which the project is located is not environmentally sensitive. (f) Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities, or mechanical equipment, or topographical features including navigational devices.
(g) New copy on existing on- and off-premise signs.
(h) Maintenance of existing landscaping, native growth, and water supply reservoirs (excluding the use of economic poisons, as defined in Division 7, Chapter 2, California Agricultural Code). (i) Division of existing multiple-family or single-family residences into common-interest ownership and subdivision of existing commercial or industrial buildings, where no physical changes occur which are not otherwise exempt.
(j) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources.
(k) Conversion of a single-family residence to office use. (l) Use of a single-family residence as a small family day care home, as defined in Section 1596.78 of the Health and Safety Code.

CLASS 2: REPLACEMENT OR RECONSTRUCTION
Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. examples include but are not limited to:
(a) Replacement or reconstruction of existing schools and hospitals to provide earthquakeresistant structures which do not increase capacity more than 50 percent. (b) Replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity.
(c) Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity.
(d) Conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding.
* CLASS 3: NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel. Examples of this exemption include but are not limited to:
(a) One single-family residence, or a second dwelling unit in a residential zone. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption.
(b) A duplex or similar multi-family residential structure totaling no more than four dwelling units. In urbanized areas, this exemption applies to apartments, duplexes, and similar Packet Page 132
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Item #: X.X.
structures designed for not more than six dwelling units. (c) A store, motel, office, restaurant and/or similar small commercial structures not involving the use of significant amounts of hazardous substances, and not exceeding 2,500 square feet in floor area. In urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use, if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. (d) Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction. (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences.
* CLASS 4: MINOR ALTERATIONS TO LAND
Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. Examples include but are not limited to:
(a) Grading on land with a slope of less than 10 percent, except that grading shall not be exempt in a waterway, in any wetland, in an officially designated (by federal, state, or local government action) scenic area, or in officially mapped areas of severe geologic hazard such as an Alquist-Priolo Earthquake Fault Zone or within an Official Seismic Hazard Zone, as delineated by the State Geologist.
(b) New gardening or landscaping, including the replacement of existing conventional landscaping with water-efficient or fire-resistant landscaping. (c) Filling of earth into previously excavated land with material compatible with the natural features of the site.
(d) Minor alterations in land, water, and vegetation on existing officially designated wildlife management areas or fish production facilities which result in improvement of habitat for fish and wildlife resources or greater fish production.
(e) Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc.
(f) Minor trenching and backfilling where the surface is restored. (g) Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies.
(h) The creation of bicycle lanes on existing rights-of-way. (i) Fuel management activities within 30 feet of structures to reduce the volume of flammable vegetation, provided that the activities will not result in the taking of endangered, rare, or threatened plant or animal species or significant erosion and sedimentation of surface waters.

This exemption shall apply to fuel management activities within 100 feet of a structure if the public agency having fire protection responsibility for the area has determined that 100 feet of fuel clearance is required due to extra hazardous fire conditions.

CLASS 7: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF NATURAL

RESOURCES
Class 7 consists of actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. Examples include Packet Page 133
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but are not limited to wildlife preservation activities of the State Department of Fish and Game.

Construction activities are not included in this exemption.

CLASS 8: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE

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(1) Meet all the criteria described in Subsection (a),
(2) Result in no noticeable increase in noise to nearby residential structures, (3) Be contiguous to other commercial or institutional structures.

CLASS 30: MINOR ACTIONS TO PREVENT, MINIMIZE, STABILIZE, MITIGATE OR

ELIMINATE THE RELEASE OR THREAT OF RELEASE OF HAZARDOUS WASTE OR

CLASS 31: HISTORICAL RESOURCE RESTORATION/REHABILITATION Class 31 consists of projects limited to maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer.
* CLASS 32: IN-FILL DEVELOPMENT PROJECTS
Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section.
(a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.

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Item #: X.X.
(b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
(c) The project site has no value as habitat for endangered, rare or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
(e) The site can be adequately served by all required utilities and public services.

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside approves Specifications for the 2025 General Building On Call Contract dated 11/1/2024; and BE IT FURTHER RESOLVED, that the City of Seaside City Council authorizes the City Manager to execute a construction agreement with Pueblo Construction Inc. as the first low bidder for a total annual not-to-exceed of $1,000,000.00 with an option for four (4) additional one-year (1-year) extensions; and
BE IT FURTHER RESOLVED, that the City of Seaside City Council authorizes the City Manager to execute a construction agreement with Pro-Ex Construction Inc. as the second low bidder for a total annual not-to-exceed of $1,000,000.00 with an option for four (4) additional one-year (1-year) extensions; and
BE IT FURTHER RESOLVED, that the City Council of the City of Seaside directs the Public Works Director of the City of Seaside to authorize individual Work Orders under this 2025 General Building On Call Contract.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 16th day of January, 2025, by the following vote:

AGREEMENT
THIS AGREEMENT, dated this [date] day of [Month], [20__], by and between Pueblo Construction Inc. whose place of business is located at 232 Anacapa Street #2D Santa Barbara (“Contractor”), and the City of Seaside (“Owner”), acting under and by virtue of the authority vested in Owner by the laws of the State of California.

WHEREAS, Owner, by its Resolution No. [25-___] adopted on the [1/16/2025] Thursday the 16th of January, 2025 awarded to Contractor the following Contract:

CONTRACT NUMBER 25-XX
2025 General Building On Call Contract
located at
Seaside City Hall
440 Harcourt Ave.

Seaside, CA 93955
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and Owner agree as follows:

SCOPE OF WORK OF THE CONTRACT

1.01 WORK OF THE CONTRACT
A. Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents (Work).

1.02 PRICE FOR COMPLETION OF THE WORK
A. Owner shall pay Contractor Contract Sum(‘s) as defined in individual work orders and in accordance with the Specifications. Contract sums shall be based on the bid schedule. The Contract Sum of this contract can not be well defined at the outset but will not exceed one million dollars ($1,000,000) over a single calendar year. The contractor is not guaranteed any work, and the contract sum may be zero dollars ($0.00). The contract sum will be the cumulative amount of any individual On Call work orders issued through out the year under this contract.

COMMENCEMENT AND COMPLETION OF WORK

1.03 COMMENCEMENT OF WORK
A. The contract period shall be 1 year commencing on the date established in the Notice to Proceed.

Commencement of individual Work Orders shall be in accordance with dates provided on that Work Order
B. No work shall commence on any individual work order after the Contract period expires.

C. Owner reserves the right to modify or alter the Commencement Date.

1.04 COMPLETION OF WORK
A. Contractor shall achieve Substantial Completion of the entire contract within One year from the Commencement Date
B. Contractor shall achieve Substantial Completion of Individual Work Orders within the periods of time defined on individual Work Orders
C. Contractors shall have thirty (30) working days following substantial completion of the later of the contract or completion date of the last Work Order to achieve Final Completion.

PROJECT REPRESENTATIVES
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1.05 OWNER’S PROJECT MANAGER
A. Owner has designated a Project Manager to act as Owner’s Representative in all matters relating to the Project.

B. City Manager shall have final authority over all matters pertaining to the Contract Documents and shall have sole authority to modify the Contract Documents on behalf of Owner, to accept work, and to make decisions or actions binding on Owner, and shall have sole signature authority on behalf of Owner.

C. Owner may assign all or part of the Project Manager’s rights, responsibilities and duties to a Construction Manager, or other Owner Representative.

1.06 ARCHITECT/ENGINEER
A. [City of Seaside] furnished the Plans and Specifications and shall have the rights assigned to Architect/Engineer in the Contract Documents for this contract. Individual Work Orders may have Plans and Specification developed by outside consultants and those consultants may have the rights assigned to Architect/Engineer for individual Work Orders under this Contract.

LIQUIDATED DAMAGES FOR DELAY IN COMPLETION OF WORK

1.07 LIQUIDATED DAMAGE AMOUNTS
A. Unless otherwise defined in individual work orders, as liquidated damages for delay, the Contractor shall pay the Owner one thousand two hundred dollars (1,200.00) for each Day that expires after the time specified herein in the individual work orders for the Contractor to achieve Substantial Completion of the entire Work, until achieved.

1.08 SCOPE OF LIQUIDATED DAMAGES
A. Measures of liquidated damages shall apply cumulatively.

B. Limitations and stipulations regarding liquidated damages are set forth in Document 00 7200 (General Conditions).

CONTRACT DOCUMENTS

1.09 Contract documents consist of the following documents, including all changes, addenda, and modifications thereto:

Document 00 0115 List of Drawings
Document 00 5200 Agreement
Document 00 5500 Notice to Proceed
Document 00 5300 Work Order
Document 00 6113.13 Construction Performance Bond
Document 00 6113.16 Construction Labor and Material Payment Bond Document 00 6290 Escrow Agreement for Security Deposits Document 00 6325 Substitution Request Form
Document 00 6530 Release of Claims
Document 00 6536 Guaranty
Document 00 7200 General Conditions
Document 00 7316 Supplementary Conditions – Insurance
Document 00 7319 Supplemental Conditions – Hazardous Materials Document 00 9113 Addenda
Document 02 1000 Technical Specifications

1.010 There are no contract documents other than those listed above. The contract documents may only be amended, modified or supplemented as provided in document 00 7200 (general conditions).

MISCELLANEOUS
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1.011 Terms and abbreviations used in this agreement are defined in document 00 7200 (general conditions) and section 01 4200 (references and definitions) and will have the meaning indicated therein.

1.012 It is understood and agreed that in no instance are the persons signing this agreement for or on behalf of owner or acting as an employee, agent, or representative of owner, liable on this agreement or any of the contract documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of owner is limited and confined to such liability as authorized or imposed by the contract documents or applicable law.

1.013 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, contractor or subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under section 4 of the clayton act (15 u.s.c. §15) or under the cartwright act (chapter 2 (commencing with §16700) of part 2 of division 7 of the business and professions code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time owner tenders final payment to contractor, without further acknowledgment by the parties.

1.014 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the contract, as determined by director of the state of California department of industrial relations, are deemed included in the contract documents and on file at owner’s office, and shall be made available to any interested party on request. Pursuant to California labor code §§ 1860 and 1861, in accordance with the provisions of section 3700 of the labor code, every contractor will be required to secure the payment of compensation to his/her employees. Contractor represents that it is 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 contractor shall comply with such provisions before commencing the performance of the work of the contract documents.

1.015 During the term of this agreement, contractor warrants that it is currently registered with the department of industrial relations and qualified to perform public work consistent with labor code section 1725.5. Contractor further warrants that any subcontractors who are subject to public contract code section 4104, are registered and qualified to perform public work consistent with labor code section 1725.5.

1.016 This project is subject to compliance monitoring and enforcement by the department of industrial relations.

1.017 This agreement and the contract documents shall be deemed to have been entered into in the county of Monterey, state of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in the superior court for the county of Monterey.

1.018 In witness whereof the parties have executed this agreement in quadruplicate the day and year first above written.

CONTRACTOR: [CONTRACTOR’S NAME] OWNER: The City of Seaside By: ______________________________ By:
(Signature) (Signature)
______________________________
(Print Name) (Print Name)
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Its: _______________________________
Title (If Corporation: Chairman, President (Title)
or Vice President)
Attest:

City Clerk Signature

By: ______________________________
(Signature) (Print Name)

______________________________
(Name)
Its: _______________________________
Title (If Corporation: Secretary, Assistant
Secretary, Chief Financial Officer or
Assistant Treasurer

END OF SECTION
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SECTION 00 5200

AGREEMENT
THIS AGREEMENT, dated this [date] day of [Month], [20__], by and between Pro-Ex Construction Inc. whose place of business is located at 3223 Luyung Dr. Rancho Cordova, Ca 95742 (“Contractor”), and the City of Seaside (“Owner”), acting under and by virtue of the authority vested in Owner by the laws of the State of California.

WHEREAS, Owner, by its Resolution No. [25-___] adopted on the [1/16/2025] Thursday the 16th of January, 2025 awarded to Contractor the following Contract:

CONTRACT NUMBER 25-XX
2025 General Building On Call Contract
located at
Seaside City Hall
440 Harcourt Ave.

Seaside, CA 93955
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and Owner agree as follows:

SCOPE OF WORK OF THE CONTRACT

COMMENCEMENT AND COMPLETION OF WORK

1.03 COMMENCEMENT OF WORK
A. The contract period shall be 1 year commencing on the date established in the Notice to Proceed.

Commencement of individual Work Orders shall be in accordance with dates provided on that Work Order
B. No work shall commence on any individual work order after the Contract period expires.

C. Owner reserves the right to modify or alter the Commencement Date.

PROJECT REPRESENTATIVES
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1.05 OWNER’S PROJECT MANAGER
A. Owner has designated a Project Manager to act as Owner’s Representative in all matters relating to the Project.

C. Owner may assign all or part of the Project Manager’s rights, responsibilities and duties to a Construction Manager, or other Owner Representative.

LIQUIDATED DAMAGES FOR DELAY IN COMPLETION OF WORK

1.08 SCOPE OF LIQUIDATED DAMAGES
A. Measures of liquidated damages shall apply cumulatively.

B. Limitations and stipulations regarding liquidated damages are set forth in Document 00 7200 (General Conditions).

CONTRACT DOCUMENTS

1.09 Contract documents consist of the following documents, including all changes, addenda, and modifications thereto:

1.010 There are no contract documents other than those listed above. The contract documents may only be amended, modified or supplemented as provided in document 00 7200 (general conditions).

MISCELLANEOUS
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1.011 Terms and abbreviations used in this agreement are defined in document 00 7200 (general conditions) and section 01 4200 (references and definitions) and will have the meaning indicated therein.

1.016 This project is subject to compliance monitoring and enforcement by the department of industrial relations.

1.018 In witness whereof the parties have executed this agreement in quadruplicate the day and year first above written.

CONTRACTOR: [CONTRACTOR’S NAME] OWNER: The City of Seaside By: ______________________________ By:
(Signature) (Signature)
______________________________
(Print Name) (Print Name)
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Its: _______________________________
Title (If Corporation: Chairman, President (Title)
or Vice President)
Attest:

City Clerk Signature

By: ______________________________
(Signature) (Print Name)

______________________________
(Name)
Its: _______________________________
Title (If Corporation: Secretary, Assistant
Secretary, Chief Financial Officer or
Assistant Treasurer

END OF SECTION
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SECTION 00 5300

WORK ORDER PROCESS

1.01 DESIGN
A. All project designs and scopes of work shall be developed by the Owner. Scopes of work will vary from full construction plans and specification, construction details and standard details, written scopes of work and focused drawings with details.

B. Contractors shall never for any reason develop the scope of work for On Call work that they will carry out.

1.02 WORK ORDERS
A. Work orders at a minimum shall include:

1. The contract or legal agreement under which the work order is being issued,

2. Date under which the overarching contract signed and notice to proceed is issued.

3. A unique identifying project number containing the original contract number a hyphen and the chronological work order number in sequence.

4. A location of the work

5. A description of the work

6. Quantities and agreed price for work

7. Work order start and completion dates identifying the boundaries to the Period of Performance

8. Signatures of the Contractor and City by persons with the legal authority to bid that entity.

9. Final Acceptance of work sign off an d completion date B. In the case of discrepancy or ambiguity in the Contract Documents, or between contract documents and Work Order scopes of work the Work Order shall prevail. However, in no account shall plans specifications or scopes of work included in work orders to this agreement ever excuse the contractor from performing work in accordance with the provision of the California building code, laws, ordinances other regulations.

C. Work orders shall act as a Notice to Proceed for individual projects, and no additional Notice to Proceed will be need.

1.03 WORK ORDER VALUE
A. Work order values shall be based on quantities defined in each individual work orders scope of work multiplied by the unit prices provided in the contractors bid for each line item of the Bid Schedule as shown in Section 00 4113.

1. Where unit prices are given for multiple volumes of the same item, the line item value encompassing the total work order quantity for that item of work shall be used uniformly for all billing related to that item of work. (ie. If a work order requires 500sf of Furnish, Place Compact Class II Aggregate Base (under SW, 4”;thick base bid)[ F-4-a : F-4-c], and the following prices are provided:

F-4-a Quantity: 1 Unit: SF Unit Cost:$25.00
F-4-b Quantity: 101 Unit: SF Unit Cost:$15.00
F-4-c) Quantity: 1001 Unit: SF Unit Cost:$ 4.40
The item value shall be 500SF * $15.00/SF = $7,500.00)

2. Where two separate areas of work of a singe work order have distinct quantities of the same line item, the quantites shall be added together and the unit cost used relating to the total value. (ie. A Work Order repairing two separate sidewalks where one sidewalk requires 500SF of Class II Aggregate Base and the other sidewalk requires 600SF of Class II Aggregate Base, the total Class II Aggregate Base are is 1,100SF and the Unit Cost used shall be $4.40/SF
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3. Where specific items of work not include in the Bid Schedule are required for completion of a job, the unit price for the most similar line item shall be used, and or fair market value shall be agreed to by both the City and Contractor. (ie. A single rail galvanized steel guard rail is needed for a project, and Item X-4-a is “Furnish and Install 1 ½”; diameter galvanized steel pipe hand rail free standing $135/LF. The $135/LF

4. City shall rely on Cal Trans Standard Specifications Division 1 Section 9 for defining payment values for items of work not otherwise covered in the bid schedule. In case of a dispute, the City shall have ultimate authority to define fair market value.

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CITY OF SEASIDE

WORK ORDER
Issued To: [Name of Contractor]
2025 General Building On Call Contract
For City of Seaside Projects
Agreement No. [________], Dated [__/__/____],
Effective Date of Notice to Proceed: [__/__/____]
Work Order Number: [___AG No.___- W.O. # ] [Project Name] Issue Date: [__/__/____] Account Number: [ ###-####-#### ]

LOCATION: _[Address______________________________]_
DESCRIPTION OF WORK: All Work shall be in accordance with the 2025 General Building On Call Contract. This Work Order includes, but not limited to, the following:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________. Work shall be in accordance with the plans and statement of work, Attachment No. 1.

QUANTITIES AND PRICES:

Project Cost shall be ________________ dollars [$---,---.--] per attached [Name of Contractor] cost estimates dated [__/__/____], Attachment No. 2.

All construction changes and associated costs shall require written Construction Change Orders.

TIME LIMITS:

To Begin: [__/__/____]
To End: [__/__/____]
Funding Check By (Provide Acct GL Print-Out):_____________ _________________________ Jessica Riley, Finance Director
This Work Order Authorized By:___________________________________________________ Thomas Korman P.E. P.L.S, Public Work Director
Work Order Acceptance Acknowledged
By Contractor's Representative:___________________________________________________ Owner, [Name of Contractor]
City Acceptance of Completed Work:________________________________,_ [__/__/____]__ [Name], [Job Title project manager] DATE
(Contractor’s 1 – Year Guarantee Begins From Above Date) cc: Contractor Accounting Inspection File
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CITY OF SEASIDE

STAFF REPORT
Item No.: 9.K.

AWARDING A NOT-TO-EXCEED CONSTRUCTION CONTRACT TO
THE TWO (2) LOW BIDDERS THE DON CHAPIN CO INC., AND A
TEICHERT & SON, INC. WITH AN ANNUAL FUNDING LIMIT OF
$1,000,000.00 AND DIRECTING THE PUBLIC WORKS

DIRECTOR TO AUTHORIZE INDIVIDUAL WORK ORDERS

RECOMMENDATION
Adopt a resolution awarding contracts for the 2025 On-Call Job Order (General Engineering) Contracts.

BACKGROUND

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Item No. 9.K. Page 2 of 7
To ensure the City has a readily available work force the bid was advertised for multiple on call contracts where individual work orders were offered first to the low bidder who will be entitled to perform the work unless the contractor declines the project, or the City determines the Contractor would be unable to timely and satisfactorily perform the work due to bidder responsibility factors established by the City including, but not limited to, adequate financial, material, equipment, facility, workforce and personnel resources. Upon such determination by the City, the project shall be offered next to the second low bidder.

Staff set the new construction project limit at $175,000.00 to prevent the use of the On-Call contractor for large well planned non-emergency projects that would deplete the available fund.

Bids for the 2025 General Engineering On Call Contract were received on December 19th, 2024.

Two (2) bids were received and opened publicly from the following contractors:

Contractor Grand Total Bid
The Don Chapin Co. Inc. $84,768.02
A. Teichert and Son, Inc. $137,912.00
The award of the contract is based upon the lowest responsive, responsible bid comparing the contractors grand total bid amounts. The Don Chapin Co, Inc. is the lowest responsive and responsible bidder, with a bid of $84,768.02. A. Teichert and Son, Inc. is the second low bidder with a grand total bid of $137,912.00. Staff reviewed both bids and determined them to be responsive, and that the bidders and subcontractors have the necessary qualifications, and experience level to satisfactorily perform all work within the project scope. Staff is recommending to award annual on call general engineering contracts to the first low bidder The Don Chapin Co, Inc. and the second low bidder A. Teichert and Son, Inc. each for annual not-to-exceed $1,000,000.00.

Item No. 9.K. Page 3 of 7
hazardous area such as Seaside East in former Fort Ord lands with maritime chaparral and endangers, listed, or special significance species. Therefor classes will not apply where the project may impact an areas of special significance that has been designated, precisely mapped, and officially adopted pursuant to law by federal, states or local agencies, and these classes are marked with an asterisk (*). In addition all classes of exemptions are inapplicable when the cumulative impact of successive projects of the same type and/or in the same place over time are significant. Finally, exemptions shall not be applied in the following circumstances: (1) A categorical exemption shall not apply for a project which may result in damage to scenic resources, including, but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway; (2) A categorical exemption shall not apply for a project located on a site which is included on any list of hazardous waste sites compiled pursuant to Section 65962.5 of the Government Code; (3) A categorical exemption shall also not apply for a project which may cause a substantial adverse change in the significance of a historical resource.

CLASS 2: REPLACEMENT OR RECONSTRUCTION
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Item No. 9.K. Page 4 of 7
Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. examples include but are not limited to:
(a) Replacement or reconstruction of existing schools and hospitals to provide earthquake-resistant structures which do not increase capacity more than 50 percent. (b) Replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity.
(c) Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity.
(d) Conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding.
* CLASS 3: NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel. Examples of this exemption include but are not limited to:
(a) One single-family residence, or a second dwelling unit in a residential zone. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. (b) A duplex or similar multi-family residential structure totaling no more than four dwelling units. In urbanized areas, this exemption applies to apartments, duplexes, and similar structures designed for not more than six dwelling units.
(c) A store, motel, office, restaurant and/or similar small commercial structures not involving the use of significant amounts of hazardous substances, and not exceeding 2,500 square feet in floor area.

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Item No. 9.K. Page 5 of 7
(f) Minor trenching and backfilling where the surface is restored. (g) Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies.
(h) The creation of bicycle lanes on existing rights-of-way. (i) Fuel management activities within 30 feet of structures to reduce the volume of flammable vegetation, provided that the activities will not result in the taking of endangered, rare, or threatened plant or animal species or significant erosion and sedimentation of surface waters. This exemption shall apply to fuel management activities within 100 feet of a structure if the public agency having fire protection responsibility for the area has determined that 100 feet of fuel clearance is required due to extra hazardous fire conditions.

CLASS 7: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF NATURAL

CLASS 8: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE

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Item No. 9.K. Page 6 of 7
(a) At existing industrial facilities, the installation of cogeneration facilities will be exempt where it will:
(1) Result in no net increases in air emissions from the industrial facility, or will produce emissions lower than the amount that would require review under the new source review rules applicable in the county, and
(2) Comply with all applicable state, federal, and local air quality laws. (b) At commercial and industrial facilities, the installation of cogeneration facilities will be exempt if the installation will:
(1) Meet all the criteria described in Subsection (a),
(2) Result in no noticeable increase in noise to nearby residential structures, (3) Be contiguous to other commercial or institutional structures.

CLASS 30: MINOR ACTIONS TO PREVENT, MINIMIZE, STABILIZE, MITIGATE OR ELIMINATE

THE RELEASE OR THREAT OF RELEASE OF HAZARDOUS WASTE OR HAZARDOUS

SUBSTANCES
Class 30 consists of any minor cleanup actions taken to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of a hazardous waste or substance which are small or medium removal actions costing $1 million or less. No cleanup action shall be subject to this Class 30 exemption if the action requires the on site use of a hazardous waste incinerator or thermal treatment unit, with the exception of low temperature thermal desorption, or the relocation of residences or businesses, or the action involves the potential release into the air of volatile organic compounds as defined in Health and Safety Code section 25123.6, except for small scale in situ soil vapor extraction and treatment systems which have been permitted by the local Air Pollution Control District or Air Quality Management District. All actions must be consistent with applicable state and local environmental permitting requirements including, but not limited to, air quality rules such as those governing volatile organic compounds and water quality standards, and approved by the regulatory body with jurisdiction over the site.

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Item No. 9.K. Page 7 of 7
(b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
(c) The project site has no value as habitat for endangered, rare or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
(e) The site can be adequately served by all required utilities and public services.

ATTACHMENTS

1. Resolution

2. Chapin Bid

3. Teichert & Sons Inc Bid

4. Chapin Sample On Call Contract

5. Teichert Sample On Call Contract

6. Sample Work Order
Reviewed for Submission to the City Council by:

________________________________________
Craig Malin, Interim City Manager
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Meeting Date: 01/16/25
Item #: X.X.

RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE APPROVING THE SPECIFICATIONS FOR THE 2025 GENERAL ENGINEERING

ON CALL CONTRACT, AWARDING A NOT-TO-EXCEED CONSTRUCTION CONTRACT TO THE TWO (2) LOW BIDDERS THE DON CHAPIN CO INC, AND A.

TEICHERT & SON INC. WITH AN ANNUAL FUNDING LIMIT OF ONE MILLION ($1,000,000.00) AND DIRECTING THE PUBLIC WORKS DIRECTOR TO AUTHORIZE INDIVIDUAL WORK ORDERS.

WHEREAS, November 21st, 2024 the City Council approved a resolution authorizing staff to utilize multiple on call construction contracts and directing staff to bid out general engineering and general building on call contracts for multiple on call contractors; and WHEREAS, On call contract for construction work will provide the City of Seaside (City) with a readily available work force for construction work and emergency response often saving time and money; and
WHEREAS, On November 28th, 2024 the City advertised the 2025 General Engineering On Call Construction Contract for bid; and
WHEREAS, The Don Chapin Co Inc. was determined to have the lowest responsive and responsible bid in the amount of $84,768.02; and
WHEREAS, A. Teichert & Son Inc. was determined to have the second lowest responsive and responsible bid in the amount of $137,912.00; and
WHEREAS, The basis of award for the 2025 General Building On Call Construction Contract is determined by the lowest responsive responsible bid based on the grand total bid amount; and
WHEREAS, The Don Chapin Co Inc., and A. Teichert & Son Inc. have successfully demonstrated their qualifications by completing similar work projects; and WHEREAS, Award of this on call contract for work that is not yet defined has no physical effect and is excluded from CEQA; and
WHEREAS, Award of an On Call contract without defined work does not have a direct physical effect and is therefore excluded under CEQA. for work completed under this on call contract, this staff report establishes a list of categorical exemptions from the California Environmental Quality Act (CEQA) defining specific activities that fall within each class of exemptions set forth in Article 19 of the CEQA Guidelines. Projects consistent with the letter and intent of the exemptions expressed in such classes as defined herein are exempt when performed under this on call contract. All non-exempt projects shall undergo further Packet Page 165
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environmental review with their findings and mitigations subject to City Council review and approval. Categorical exemptions are to be applied only where projects have not already been excluded from CEQA on some other basis. Projects that have no physical effects, or that involve only ministerial government action, are excluded.

Examples include but are not limited to:
(a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances.
(b) Existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services. (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). (d) Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood.
(e) Additions to existing structures provided that the addition will not result in an increase of more than:
(1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or
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(2) 10,000 square feet if:
(A) The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and (B) The area in which the project is located is not environmentally sensitive. (f) Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities, or mechanical equipment, or topographical features including navigational devices.
(g) New copy on existing on- and off-premise signs.
(h) Maintenance of existing landscaping, native growth, and water supply reservoirs (excluding the use of economic poisons, as defined in Division 7, Chapter 2, California Agricultural Code). (i) Division of existing multiple-family or single-family residences into common-interest ownership and subdivision of existing commercial or industrial buildings, where no physical changes occur which are not otherwise exempt.
(j) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources.
(k) Conversion of a single-family residence to office use. (l) Use of a single-family residence as a small family day care home, as defined in Section 1596.78 of the Health and Safety Code.

CLASS 2: REPLACEMENT OR RECONSTRUCTION
Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. examples include but are not limited to:
(a) Replacement or reconstruction of existing schools and hospitals to provide earthquakeresistant structures which do not increase capacity more than 50 percent. (b) Replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity.
(c) Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity.
(d) Conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding.
* CLASS 3: NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel. Examples of this exemption include but are not limited to:
(a) One single-family residence, or a second dwelling unit in a residential zone. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption.
(b) A duplex or similar multi-family residential structure totaling no more than four dwelling units. In urbanized areas, this exemption applies to apartments, duplexes, and similar Packet Page 167
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structures designed for not more than six dwelling units. (c) A store, motel, office, restaurant and/or similar small commercial structures not involving the use of significant amounts of hazardous substances, and not exceeding 2,500 square feet in floor area. In urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use, if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. (d) Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction. (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences.
* CLASS 4: MINOR ALTERATIONS TO LAND
Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. Examples include but are not limited to:
(a) Grading on land with a slope of less than 10 percent, except that grading shall not be exempt in a waterway, in any wetland, in an officially designated (by federal, state, or local government action) scenic area, or in officially mapped areas of severe geologic hazard such as an Alquist-Priolo Earthquake Fault Zone or within an Official Seismic Hazard Zone, as delineated by the State Geologist.
(b) New gardening or landscaping, including the replacement of existing conventional landscaping with water-efficient or fire-resistant landscaping. (c) Filling of earth into previously excavated land with material compatible with the natural features of the site.
(d) Minor alterations in land, water, and vegetation on existing officially designated wildlife management areas or fish production facilities which result in improvement of habitat for fish and wildlife resources or greater fish production.
(e) Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc.
(f) Minor trenching and backfilling where the surface is restored. (g) Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies.
(h) The creation of bicycle lanes on existing rights-of-way. (i) Fuel management activities within 30 feet of structures to reduce the volume of flammable vegetation, provided that the activities will not result in the taking of endangered, rare, or threatened plant or animal species or significant erosion and sedimentation of surface waters.

CLASS 7: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF NATURAL

RESOURCES
Class 7 consists of actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. Examples include Packet Page 168
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but are not limited to wildlife preservation activities of the State Department of Fish and Game.

Construction activities are not included in this exemption.

CLASS 8: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE

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(1) Meet all the criteria described in Subsection (a),
(2) Result in no noticeable increase in noise to nearby residential structures, (3) Be contiguous to other commercial or institutional structures.

CLASS 30: MINOR ACTIONS TO PREVENT, MINIMIZE, STABILIZE, MITIGATE OR

ELIMINATE THE RELEASE OR THREAT OF RELEASE OF HAZARDOUS WASTE OR

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(b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
(c) The project site has no value as habitat for endangered, rare or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
(e) The site can be adequately served by all required utilities and public services.

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside approves Specifications for the 2025 General Engineering On Call Contract dated 11/1/2024; and BE IT FURTHER RESOLVED, that the City of Seaside City Council authorizes the City Manager to execute a construction agreement with The Don Chapin Co Inc. as the first low bidder for a total annual not-to-exceed of $1,000,000.00 with an option for four (4) additional one-year (1-year) extensions; and
BE IT FURTHER RESOLVED, that the City of Seaside City Council authorizes the City Manager to execute a construction agreement with A. Teichert & Son Inc. as the second low bidder for a total annual not-to-exceed of $1,000,000.00 with an option for four (4) additional one-year (1-year) extensions; and
BE IT FURTHER RESOLVED, that the City Council of the City of Seaside directs the Public Works Director of the City of Seaside to authorize individual Work Orders under this 2025 General Engineering On Call Contract.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 16th day of January, 2025, by the following vote:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
APPROVED:
_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED TO FORM:
______________________________
Sheri L. Damon, City Attorney
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SECTION 00 5200

SAMPLE AGREEMENT
THIS AGREEMENT, dated this [date] day of [Month], [20__], by and between The Don Chapin Co Inc. whose place of business is located at 560 Crazy Horse Canyon Rd., Salinas, CA 93907 (“Contractor”), and the City of Seaside (“Owner”), acting under and by virtue of the authority vested in Owner by the laws of the State of California.

WHEREAS, Owner, by its Resolution No. [25-___] adopted on the [1/16/2025] Thursday the 16th of January, 2025 awarded to Contractor the following Contract:

CONTRACT NUMBER 25-XX
2025 General Engineering On Call Contract
located at
Seaside City Hall
440 Harcourt Ave.

Seaside, CA 93955
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and Owner agree as follows:

SCOPE OF WORK OF THE CONTRACT

COMMENCEMENT AND COMPLETION OF WORK

1.03 COMMENCEMENT OF WORK
A. The contract period shall be 1 year commencing on the date established in the Notice to Proceed.

Commencement of individual Work Orders shall be in accordance with dates provided on that Work Order
B. No work shall commence on any individual work order after the Contract period expires.

C. Owner reserves the right to modify or alter the Commencement Date.

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PROJECT REPRESENTATIVES

1.05 OWNER’S PROJECT MANAGER
A. Owner has designated a Project Manager to act as Owner’s Representative in all matters relating to the Project.

C. Owner may assign all or part of the Project Manager’s rights, responsibilities and duties to a Construction Manager, or other Owner Representative.

LIQUIDATED DAMAGES FOR DELAY IN COMPLETION OF WORK

1.08 SCOPE OF LIQUIDATED DAMAGES
A. Measures of liquidated damages shall apply cumulatively.

B. Limitations and stipulations regarding liquidated damages are set forth in Document 00 7200 (General Conditions).

CONTRACT DOCUMENTS

1.09 Contract documents consist of the following documents, including all changes, addenda, and modifications thereto:

1.010 There are no contract documents other than those listed above. The contract documents may only be amended, modified or supplemented as provided in document 00 7200 (general conditions).

MISCELLANEOUS
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1.011 Terms and abbreviations used in this agreement are defined in document 00 7200 (general conditions) and section 01 4200 (references and definitions) and will have the meaning indicated therein.

1.016 This project is subject to compliance monitoring and enforcement by the department of industrial relations.

1.018 In witness whereof the parties have executed this agreement in quadruplicate the day and year first above written.

CONTRACTOR: [CONTRACTOR’S NAME] OWNER: The City of Seaside By: ______________________________ By:
(Signature) (Signature)
______________________________
(Print Name) (Print Name)
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Its: _______________________________
Title (If Corporation: Chairman, President (Title)
or Vice President)
Attest:

City Clerk Signature

By: ______________________________
(Signature) (Print Name)

______________________________
(Name)
Its: _______________________________
Title (If Corporation: Secretary, Assistant
Secretary, Chief Financial Officer or
Assistant Treasurer

END OF SECTION
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SECTION 00 5200

SAMPLE AGREEMENT
THIS AGREEMENT, dated this [date] day of [Month], [20__], by and between A. Teichert & Son Inc. whose place of business is located at 5200 Franklin Dr. Ste. 115, Pleasanton, CA 94588 (“Contractor”), and the City of Seaside (“Owner”), acting under and by virtue of the authority vested in Owner by the laws of the State of California.

WHEREAS, Owner, by its Resolution No. [25-___] adopted on the [1/16/2025] Thursday the 16th of January, 2025 awarded to Contractor the following Contract:

CONTRACT NUMBER 25-XX
2025 General Engineering On Call Contract
located at
Seaside City Hall
440 Harcourt Ave.

Seaside, CA 93955
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and Owner agree as follows:

SCOPE OF WORK OF THE CONTRACT

COMMENCEMENT AND COMPLETION OF WORK

1.03 COMMENCEMENT OF WORK
A. The contract period shall be 1 year commencing on the date established in the Notice to Proceed.

Commencement of individual Work Orders shall be in accordance with dates provided on that Work Order
B. No work shall commence on any individual work order after the Contract period expires.

C. Owner reserves the right to modify or alter the Commencement Date.

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PROJECT REPRESENTATIVES

1.05 OWNER’S PROJECT MANAGER
A. Owner has designated a Project Manager to act as Owner’s Representative in all matters relating to the Project.

C. Owner may assign all or part of the Project Manager’s rights, responsibilities and duties to a Construction Manager, or other Owner Representative.

LIQUIDATED DAMAGES FOR DELAY IN COMPLETION OF WORK

1.08 SCOPE OF LIQUIDATED DAMAGES
A. Measures of liquidated damages shall apply cumulatively.

B. Limitations and stipulations regarding liquidated damages are set forth in Document 00 7200 (General Conditions).

CONTRACT DOCUMENTS

1.09 Contract documents consist of the following documents, including all changes, addenda, and modifications thereto:

1.010 There are no contract documents other than those listed above. The contract documents may only be amended, modified or supplemented as provided in document 00 7200 (general conditions).

MISCELLANEOUS
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1.011 Terms and abbreviations used in this agreement are defined in document 00 7200 (general conditions) and section 01 4200 (references and definitions) and will have the meaning indicated therein.

1.016 This project is subject to compliance monitoring and enforcement by the department of industrial relations.

1.018 In witness whereof the parties have executed this agreement in quadruplicate the day and year first above written.

CONTRACTOR: [CONTRACTOR’S NAME] OWNER: The City of Seaside By: ______________________________ By:
(Signature) (Signature)
______________________________
(Print Name) (Print Name)
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Its: _______________________________
Title (If Corporation: Chairman, President (Title)
or Vice President)
Attest:

City Clerk Signature

By: ______________________________
(Signature) (Print Name)

______________________________
(Name)
Its: _______________________________
Title (If Corporation: Secretary, Assistant
Secretary, Chief Financial Officer or
Assistant Treasurer

END OF SECTION
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SECTION 00 5300

WORK ORDER PROCESS

B. Contractors shall never for any reason develop the scope of work for On Call work that they will carry out.

1.02 WORK ORDERS
A. Work orders at a minimum shall include:

1. The contract or legal agreement under which the work order is being issued,

2. Date under which the overarching contract signed and notice to proceed is issued.

3. A unique identifying project number containing the original contract number a hyphen and the chronological work order number in sequence.

4. A location of the work

5. A description of the work

6. Quantities and agreed price for work

7. Work order start and completion dates identifying the boundaries to the Period of Performance

8. Signatures of the Contractor and City by persons with the legal authority to bid that entity.

C. Work orders shall act as a Notice to Proceed for individual projects, and no additional Notice to Proceed will be need.

F-4-a Quantity: 1 Unit: SF Unit Cost:$25.00
F-4-b Quantity: 101 Unit: SF Unit Cost:$15.00
F-4-c) Quantity: 1001 Unit: SF Unit Cost:$ 4.40
The item value shall be 500SF * $15.00/SF = $7,500.00)

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CITY OF SEASIDE

WORK ORDER
Issued To: [Name of Contractor]
2025 General Engineering On Call Contract
For City of Seaside Projects
Agreement No. [________], Dated [__/__/____],
Effective Date of Notice to Proceed: [__/__/____]
Work Order Number: [___AG No.___- W.O. # ] [Project Name] Issue Date: [__/__/____] Account Number: [ ###-####-#### ]

QUANTITIES AND PRICES:

Project Cost shall be ________________ dollars [$---,---.--] per attached [Name of Contractor] cost estimates dated [__/__/____], Attachment No. 2.

All construction changes and associated costs shall require written Construction Change Orders.

TIME LIMITS:

To Begin: [__/__/____]
To End: [__/__/____]
Funding Check By (Provide Acct GL Print-Out):_____________ _________________________ Jessica Riley, Finance Director
This Work Order Authorized By:___________________________________________________ Thomas Korman P.E. P.L.S., Public Work Director
Work Order Acceptance Acknowledged
By Contractor's Representative:___________________________________________________ Owner, [Name of Contractor]
City Acceptance of Completed Work:________________________________,_ [__/__/____]__ [Name], [Job Title project manager] DATE
(Contractor’s 1 – Year Guarantee Begins From Above Date) cc: Contractor Accounting Inspection File
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CITY OF SEASIDE

STAFF REPORT
Item No.: 9.L.

TO: City Council
FROM: Craig Malin, Interim City Manager
BY: Thomas Korman, Public Works Director/City Engineer
Andrew Myrick, Economic Development & Community Planning Manager Sheri Damon, City Attorney
DATE: January 16, 2025
SUBJECT: ADOPT A RESOLUTION APPROVING THE FINAL MAP FOR PHASE 1 WITHIN THE CAMPUS TOWN SPECIFIC PLANNING

AREA, SUBDIVISION IMPROVEMENT AGREEMENT FOR PHASE
1A; AND ANNUAL REVIEW OF THE DEVELOPMENT AGREEMENT

RECOMMENDATION
Adopt a resolution for the following actions:

1. Determine KB-Bakewell Seaside Venture II, LLC, is acting in good faith compliance with the provisions of the Development Agreement; and

2. Approve Campus Town Specific Plan Final Map Phase 1, a portion of Vesting Map VTM-01; and

3. Approve Draft Subdivision and Improvement Agreement for Phase 1A.

BACKGROUND
The City and KB-Bakewell Seaside Venture, LLC a California limited liability company (“Developer”) and the Successor Agency to the Redevelopment Agency of the City of Seaside entered into a Purchase and Sale Agreement on February 6, 2020, for the property described as “Surplus II” and “26 Acre Parcels” and is approximately 103.5 acres in size, collectively referred to as the “Property.” On March 5, 2020, pursuant to the requirements of the Development Agreement Act and the City Development Agreement Regulations, the City Council of City of Seaside conducted a hearing on Developer’s application for this Agreement. The City Council found and determined that the following actions consistent with the General Plan (1) Packet Page 218

Item No. 9.L. Page 2 of 3
the Campus Town Specific Plan, (2) General Plan Circulation Element Amendments (3) Zoning Map and Text amendments creating “Campus Town Specific Plan” District, (4) the Development Agreement, (5) the Vesting Tentative Subdivision map and (6) Inclusionary (affordable) Housing Agreement for Campus Town Property.

By Resolution No. 20-09 adopted by the City Council on March 5, 2020, the City Council reviewed and certified, after making appropriate findings, the Final Environmental Impact Report for the Campus Town Specific Plan Project (State Clearinghouse NO 20180210079) (the “Final EIR”).

By Resolution No. 22-54 approved the Final Map Phase 1 for Campus Town Specific Plan, a portion of Vesting Map VTM-01; Draft Subdivision Improvement Agreement for Phase 1A; and Annual Review of the Development Agreement. Subsequent to the Phase 1 Final Map and Phase 1A Subdivision Improvement Agreement on May 5, 2022, the City and Developer have agreed to modifications as the result of easements, property exchanges and to identify street names on the Final Map as approved by separate action. The City and Developer have also agreed to an updated Subdivision Improvement Agreement that further clarifies responsibilities. These revisions require a new Final Map and supporting documents to approved.

PROJECT DESCRIPTION
The City is initiating the recordation of the Campus Town Specific Plan Final Map Phase 1 (Attachment 2), a portion of Vesting Tentative Map VTM-01, creating legal parcels allowing KB-Bakewell Seaside Venture II, LLC, (“Applicant”) to purchase Phase 1A.

Phase 1A is bounded by Lightfighter Drive to the north, Army property to the south, General Jim Moore to the east and 1st Avenue to the west. Associated with the Final Map, the Draft Subdivision Improvement Agreement for Phase 1A of Campus Town Specific Plan has been prepared for recordation concurrent with the purchase of Phase 1A by the Applicant, which will contractually bind the Developer to complete improvements (Attachment 3).

The City conducted the annual review of the Development Agreement pursuant to California Government Code Section 65865.1 and Seaside Municipal Code Section

17.66.070, and determined the Applicant is acting in good faith compliance with the provisions of this Agreement.

The Final Map Phase 1 subdivides the Campus Town Specific Plan for construction of uses. The Final Map Phase 1 encompasses approximately 37.29 acres of the total 103.5 acres of VTM-01. The final map application was deemed complete by the City Engineer on January 10, 2025.

The Draft Subdivision Improvement Agreement was prepared to contractually bind the Developer to complete Phase 1A improvements, a portion of Final Map Phase. The Draft Packet Page 219

Item No. 9.L. Page 3 of 3
Subdivision Improvement Agreement for Phase 1A will be recorded concurrent with the transfer of property to the Applicant. Once recorded, the Subdivision Improvement Agreement contractually binds the Developer to complete the Project improvements in accordance with the Final Map Phase 1 and to provide security for completion in accordance with the City Requirements.

ENVIRONMENTAL CONSIDERATIONS
Final Map Phase 1 is a ministerial action consistent with the project that was reviewed and approved pursuant to the Campus Town EIR. The Final Map Phase 1 will not have one or more significant effects not discussed in the previously certified EIR, will not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant.

FISCAL IMPACT
NONE

ATTACHMENTS

1. Campus Town Final Map

2. 2025.01.10_SIA_Final_Clean v1.1

3. Resolution
Reviewed for Submission to the City Council by:

________________________________________
Craig Malin, Interim City Manager
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_______________________________________ ________________ ________________, __________________
______
_________________ _______________________________________ ________________________________________________________ ________________________________________________________ ________________________) _____________________ _____________________________________ _______________________________________________________________________ ____________________________________________
______________________________
________________________________
_________________________________________
_________________________________________
________________________________________________________________________________________ ________________________________________________________________________________________

________________________) _____________________ _____________________________________ _______________________________________________________________________ ____________________________________________
______________________________
________________________________
_________________________________________
_________________________________________
______ ______________ _____
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Revised: January 10, 2025

RECORDING REQUESTED BY )
AND WHEN RECORDED MAIL TO: )
)

CITY OF SEASIDE )
440 Harcourt Avenue )
Seaside, California 93955 )
Attention: City Clerk )
)
)
(Space Above This Line for Recorder’s Use Only)
Exempt from recording fee per Gov. Code §
27383.

SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (the “Agreement”) is made and entered into on this _______ day of ________, 2024 (the “Effective Date”) by and between KB-Bakewell Seaside Venture, LLC (“Developer”), and the CITY OF SEASIDE, a California municipal corporation (“City”) (collectively, the “Parties”).

R E C I T A L S
A. Developer is the owner of that certain real property located on former Fort Ord land, situated at the northern end of Seaside approximately one mile east of Monterey Bay and 2,600 feet east of the Fort Ord Dunes State Park. Phase IA is a portion of Campus Town Specific Plan Final Map Phase I, which is bounded by Lightfighter Drive to the north, Army property to the south, General Jim Moore to the east and 1st Avenue to the west, and excluding public property as more particularly described in Exhibit A, attached hereto, and incorporated herein by this reference (the “Property”).

B. The Property is a portion of Subdivision Map 1558 and is approximately 27.15 acres accommodating 241 residential units (128 single family detached units and 113 condominium townhome units), 5 commercial lots, 26 letter lots, public and private streets, storm water treatment (Lots A, B and Z), and park dedication (Lots H and K). (the “Project”).

C. Pursuant to the Purchase and Sale Agreement and Escrow Instructions (the "PSA") by and between City, the Successor Agency, and the Developer dated February 6, 2017, and subject to the conditions therein, City is obligated to sell to Developer and Developer is obligated to purchase from City Phase IA.

D. The Developer obligations are further defined in the Development Agreement made by and between the City and Developer, adopted by Resolution No. 20-09 on March 5, 2020, and recorded May 27, 2020 (the "Development Agreement").

E. The Developer obligations are further defined in the Affordable Housing Agreement made by and between the City and Developer, recorded September 3, 2020, record number 2020045776, and as amended from time to time. (the "Affordable Housing Agreement").

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F. Vesting Tentative Map of the Subdivision was previously approved by City, subject to the Subdivision Laws and to the City's standard requirements and conditions of approval contained in the City Council's Resolution of Approval, a copy of which is on file in the Office of the City Clerk, and which is incorporated herein by this reference.

G. The Developer has submitted and received approval of Campus Town Phase 1A Tract 1558 improvement plans, specifications, and drawings, prepared by RJA and dated August 2022 (the “Improvement Plans”), which Improvement Plans have been approved by the City Engineer and MCWD. The original Improvement Plans are on file in the City of Seaside Public Works Department and are incorporated herein by this reference. Said Improvement Plans, and related specifications, subsequently modified by the mutual written agreement of the parties, are hereby referred to as the "Improvement Plans" and are incorporated herein by this reference.

Any improvement to be constructed pursuant to the Improvement Plan is hereby referred to individually as an "Improvement" and collectively as the "Improvements".

H. The Subdivision Laws establish, as a condition precedent to the approval of a Final Map, that the Developer comply with the City Council's Resolution of Approval and either (i) complete, in compliance with City standards, all of the improvements and land development work required by the Subdivision Laws and the City Council's Resolution of Approval; or (ii) enter into a secured agreement with the City to complete the improvements and land development work within a period of time specified by the City.

I. In consideration of development of Improvement Plans, Developer desires to enter into this Agreement whereby Developer promises to install and complete, at its sole expense, all public and private improvement work required by the City for the proposed Subdivision. Developer has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City.

J. City and Developer desire to enter this Agreement providing for the construction and installation of the improvements in accordance with the Improvement Plans.

AG R E E M EN T
NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth in this Agreement the Parties hereto agree as follows:

1. Purpose. The purpose of this Agreement is to guarantee completion of certain improvements in accordance with the Improvement Plans and ensure satisfactory performance by Developer of Developer’s obligations to satisfy the Conditions.

2. Improvements. Developer shall, at its sole expense, and in compliance with the provisions of the Subdivision Laws, the Improvement Plans, all Conditions of the Vesting Tentative Map approval, all applicable City standards and Processing Fees as defined in the Development Agreement and incorporated herein shall furnish, construct, install and guarantee the Improvements, Grading, and Monumentation described in in the Vesting Tentative Map and in the City Council's Resolution of Approval relating thereto (collectively, the "Improvements").

3. Duty to Install Improvements. Developer will construct, install and complete, or Packet Page 238
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cause to be constructed, installed and completed, at the Developer’s sole cost and expense, all City improvements required by the Conditions and/or described in the Improvement Plans (the “Improvements”), in accordance with such plans, all applicable federal, state and local laws, regulations and standards, including without limitation State of California Division of Industrial Safety Construction Orders, and to the satisfaction of the City Engineer in his or her reasonable discretion. Developer will also supply all labor and materials therefor, all in strict accordance with the terms and conditions of this Agreement. The construction, installation and completion of the City Improvements and all labor and materials furnished in connection therewith are hereinafter referred to collectively as the “Improvements.”

4. Duty to Maintain Improvements. City shall not be responsible or liable for the maintenance or care of the Improvements until City formally approves and accepts them in accordance with its policies and procedures. City shall exercise no control over the Improvements until approved and accepted. Any use by any person of the Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City’s acceptance of the Improvements. Developer shall maintain all the Improvements in a state of good repair until they are completed by Developer and approved and accepted by City. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, maintaining all landscaping in a thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Developer’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this Section within 5 business days, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement.

The city reserves the right to forgo the warning when it becomes aware of a public hazard that needs immediate correction. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Improvements or their condition prior to acceptance. Notwithstanding the above, Developer shall make available for public use any streets, curbs, gutters, sidewalks or walkways, streetlights, street furniture, storm drain improvements, fire hydrants, and any other facilities intended for general public use, which are installed, altered or affected by the Work, as soon as they can be safely placed in service.

5. Commencement and Completion Date. Developer will notify City Engineer in writing at fifteen (15) days prior to the commencement of the Work in order that there is adequate time to schedule all necessary inspections. Developer will complete the Work in a reasonable fashion per the Development Agreement. All Work will be completed in a good and workmanlike manner in accordance with accepted design and construction practices to the City’s satisfaction.

6. Estimated Cost of Work. The estimated cost of the City Work is ($5,602,760.00)).

Notwithstanding this estimate, Developer hereby acknowledges and agrees that (a) the actual costs to complete the Work may significantly exceed this estimate, (b) this estimate in no way limits Developer’s financial obligation, and (c) that Developer is obligated to complete the Work at its own cost, expense, and liability. The estimated cost of the work is attached hereto as Exhibit B and incorporated by this reference.

7. Modifications to the Plans. Approval of this Agreement by City does not release Developer of its responsibility to correct mistakes, errors, or omissions in the Improvement Plans.

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If, at any time, in the opinion of the City Engineer, in his or her reasonable discretion, the Improvement Plans are deemed inadequate in any respect Developer agrees to make such modifications, changes or revisions as necessary in order to complete the Work in a good and workmanlike manner in accordance with this Agreement.

8. Repairs. Developer shall, at its sole expense, replace or repair all public improvements, public utility facilities, and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. Any such replacement or repair shall be subject to the approval of the City Engineer. Developer agrees to repair or have repaired in a timely manner at its sole cost and expense all public or private property damaged as a result of or incidental to the Work or in connection with the development of the Property or to pay to the property owner of any property the full cost of such repair. In addition, Developer shall obtain the written acceptance of such repair or payment from any owner whose private property was repaired by Developer or to whom Developer has paid the full cost of such repair in accordance with this section. City shall be under no obligation whatsoever to approve or accept the Work completed under this Agreement until such time as all repairs have been completed or have been paid for and required written acceptances have been provided to the City Engineer.

9. Foreman or Superintendent. Developer shall give personal attention to the Work. A competent foreman or superintendent shall be on site during working hours of construction.

10. Examination of Work. Developer shall at all times maintain proper facilities and safe access for inspection of the Improvements by the City Engineer, other City personnel and City inspection contractors and consultants. All of the Improvements shall be performed to the satisfaction of the City Engineer in his or her reasonable discretion. The City and its authorized agents shall, at all times during the performance of the Work, have free access to the Work and shall be allowed to examine the Work and all materials used and to be used in the Work. No City Work shall be performed without inspection by City. Any City Work performed without inspection is subject to rejection by City. All Work shall be performed during the City’s normal working hours and workdays. If any Work is planned to be performed during non-working hours or workdays, to the City shall be informed at least forty-eight (48) hours in advance.

11. City Improvement Plan Review, Inspection, Administration and Testing.

Developer shall pay to City the actual cost for all improvement plan review, inspection, administration and testing services furnished by City in connection with this Agreement, including those performed by consultants under contract with the City and defined in the Development Agreement as “Processing Fees” (the “City Engineering & Inspection Costs”). The estimated cost shall be based on the City’s adopted fee schedule for City Engineering & Inspection Costs is ($280,138.00) (the “Estimated Engineering & Inspection Cost”) based on the City’s adopted 2024/2025 fee schedule, Engineering Division Fees 1.2.a, and excludes inspection fees for commercial uses within Phase 1A. Concurrently with the execution of this Agreement, Developer shall pay to the City an amount equal to the Estimated Engineering & Inspection Cost for the payment of the City Engineering & Inspection Costs. In the event that the Estimated Engineering & Inspection Cost is insufficient to cover the actual City Engineering & Inspection Costs incurred, Developer shall, upon notice in writing by the City Engineer, pay to the City such additional amount as may be required to pay the City Engineering & Inspection Costs. The estimated cost for the payment of the City Engineering & Inspection Costs is attached hereto as Exhibit C and incorporated by this reference.

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12. Compliance with Laws. Developer shall fully comply with all federal, state and local laws, ordinances and regulations, including the Subdivision Ordinance, in the performance of this Agreement. Developer shall, at its own cost and expense, obtain all necessary permits and licenses for the Work, give all necessary notices, pay all fees and taxes required by law and make any and all deposits legally required by those public utilities that will serve the development on the Property. Copies and/or proof of payment of said permits, licenses, notices, fee and tax payments and deposits as applicable in accordance with the Purchase and Sale Agreement and Development Agreement shall be furnished to the City Engineer upon request.

13. Encroachment Permits. Developer shall obtain, at its sole cost and expense, any encroachment permits required in order to perform the Work that are not already provided as part of the Purchase and Sale Agreement.

14. Performance, Labor and Materials and Warranty Security. In accordance with the Subdivision Ordinance and the Subdivision Map Act, Developer will furnish and deliver to City, within the times set forth below, the following surety bonds, each of which must be issued by a surety company duly and regularly authorized to do general surety business in the State of California, or such other surety as may be acceptable to the City Attorney in accordance with the Subdivision Ordinance. If a corporate surety bond is replaced by another approved bond, the replacement shall be filed with the City Engineer and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing and approval by the City Engineer of a replacement bond, the former improvement security shall be released.

14.1 Performance Bond. Developer must provide a performance bond or security to guarantee the construction or installation of the improvements, which the Parties estimate at ($560,276.00), concurrently with the execution of this Agreement, which bond must meet the requirements Government Code Section 66499.1, as may be amended, and be acceptable to the City Attorney. The bond shall be conditioned upon the faithful performance of this Agreement with respect to the Work and shall be released by the City effective upon the date of recordation of the notice of acceptance or final approval of the Improvements and Developer’s delivery of a Warranty Bond, as described below, or as otherwise allowed by Government Code 66499.1. The estimate for the performance bond amount is attached hereto as Exhibit D and incorporated by this reference.

14.2 Labor and Materials Bond. Developer shall furnish and deliver a labor and materials surety bond in the amount of is ($560,276.00), concurrently with the execution of this Agreement, which bond must meet the requirements of Government Code Section 66499.2, as may be amended, and be acceptable to the City Attorney. The bond shall secure payment to the contractor(s) and subcontractor(s) performing the Work and to all persons furnishing labor, materials or equipment to them. The City shall retain the bond until both (a) the City accepts or gives final approval to the Work, and (b) the statute of limitations to record a claim of lien under Civil Code section 8410 et seq. has expired. After said date, the bond may be reduced by the City Engineer to an amount not less than the total amount claimed by all claimants for whom claims of lien have been recorded and notice given in writing to the City Council. The balance of the bond shall be retained until the final settlement of all such claims and obligations. If no such claims have been recorded, the bond shall be released in full by the City Engineer. The estimate for the labor and materials bond amount is attached hereto as Exhibit E and incorporated by this reference.

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15. Additional Security. If either upon execution of this Agreement or during the course of performance the City considers that it is necessary to have an updated engineer’s estimate prepared, the City shall provide written notice to Developer. Developer shall provide such estimate within the timeframe set forth in the City’s notice and shall make such modifications to the estimate as may be reasonably requested by City. Developer shall provide within fourteen (14) days after receiving demand and justification from City the additional security as may be required by the updated engineer’s estimate. If Developer is required to post additional security, the City may require either a cash deposit or a surety bond guaranteeing performance in a form and signed by sureties satisfactory to City. The condition of the security shall be that if Developer fails to perform its obligations under this Agreement, the City may, as applicable, use the proceeds or require the sureties to perform the obligations, of the Agreement.

16. Bond Release or Reduction. Bond release or reduction is permitted as construction progress is completed in accordance with Section 17.

17. No Waiver by City. Inspecting of the work and/or materials, or approval of work and/or materials, or a statement by an officer, agent or employee of the City indicating the work complies with this Agreement, or acceptance of all or any portion of the work and/or materials, or payments thereof, or any combination of all of these acts shall not relieve Developer of its obligation to fulfill this Agreement; nor is the City by these acts prohibited from bringing an action for damages arising from the failure to comply with this Agreement.

18. Completion of Work. After Developer (a) completes the Work in accordance with the Improvement Plans and the terms and conditions of this Agreement, and (b) repairs any private or public property damaged as a result of the Work, or pays the full cost of such repair to the owner whose property was damaged, and obtains the written acceptance of such repair or payment from any owner whose private property was repaired by Developer or to whom Developer paid the full cost of such repair in accordance with Section 8 above, Developer will provide City with a written notice of completion, together with copies of all written acceptances as described in Section 8. City, in its sole and absolute discretion, may accept or give final approval to the Work in phases and allow a partial release of the bonds provided under Section 14 above.

19. Final Acceptance.

19.1 Notice of Satisfactory Completion of the Work. Within fifteen (15) days of receipt of Developer’s written notification pursuant to Section 17 above, City Engineer shall inspect the Work and repairs and review the written acceptances, if any, and send Developer a written notice stating whether the Work and repair are complete to the satisfaction of the City Engineer, in his/her reasonable discretion, and whether the written acceptances described in Section 8 have been provided. If the Work and repair are, in the opinion of the City Engineer, not complete, not satisfactory, and/or written acceptances have not been provided, the City Engineer will list the deficiencies that must be corrected to find the Work and repair complete and satisfactory. Upon satisfactory completion of the Work and repair and submittal of written acceptances, the City Engineer will send Developer a written notice of satisfactory completion.

Prior to acceptance of improvements, Developer shall obtain a written notice of satisfactory completion of the work issued from the City Engineer. The requirement for written acceptances Packet Page 242
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may be waived by the City Engineer, in his reasonable discretion, if Developer has made commercially reasonable efforts to obtain such acceptances. City Engineer’s failure to respond to Developer’s written notification within fifteen (15) days will not be deemed a breach or default under this Agreement.

19.2 Fees, Documentation, and Agreements Prior to Acceptance of Improvements. Developer shall pay all outstanding fees prior to acceptance of the improvements.

Developer shall provide all documents, including, but not limited to, operations and maintenance manuals and a storm water management plan post construction requirements form, required by the City Engineer prior to the acceptance of the improvements.

19.3 Acceptance of Improvements. After Developer satisfies the requirements for acceptance of the improvements specified in this Agreement, the City Engineer will recommend acceptance of the Improvements within the public right of way, or designated for public use, upon inspection sign-off with punch list completed. Acceptance of the Improvements by the City shall be deemed as final approval of the completed Improvements, of which acceptance of the Improvements can be phased and turned over to the city for maintenance. The phases are generally described as the first phase release from 1st Avenue to 2nd Avenue; second phase release from 2nd to B- Street, and third phase release from B Street to General Jim Moore.

19.4 Environmental Warranty.

A. As a condition precedent to acceptance of public Improvements, the Developer to the City for the Property, Developer hereby warrants to the City:
(1) Neither the public Improvements of Property to be improved nor Developer are in violation of any environmental law, and neither the Property to be improved nor the Developer are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with any and all applicable environmental laws relating to the Property to be improved.
(2) Neither Developer nor any other person with Developer’s permission to be upon the Property to be improved, shall use, generate, manufacture, produce, or release, on, under, or about the Property to be improved, any Hazardous Substances, except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term “Hazardous Substances” shall mean any substance or material, which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials or substances requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies. (3) Developer has not caused or permitted the release of and has no knowledge of the release or presence of any Hazardous Substance on the Property to be improved or the migration of any Hazardous Substances from or to any other Property adjacent to, or in the vicinity of, the Property to be improved.
(4) Developer’s prior and present use of the Property to be improved has not resulted in the release of any Hazardous Substances on the Property to be improved.

B. Developer shall give prompt written notice to City of:
(1) Any proceeding or investigation by any federal, state or local governmental authority with respect to the presence of any Hazardous Substances on the Property to be improved Packet Page 243
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or the migration thereof from or to any other property adjacent to, or in the vicinity of, the Property to be improved;
(2) Any claims made or threatened by any third party against City or the Property to be improved relating to any loss or injury resulting from any Hazardous Substances; and (3) Developer’s discovery of any occurrence or condition on any property adjoining or in the vicinity of the Property to be improved that could cause the Property to be improved or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.

20. Warranty Period.

20.1 Warranty; Repair and Reconstruction. Without limiting the foregoing, Developer expressly warrants and guarantees all Work and all materials used in the Work for a period of one year from acceptance of Improvement as defined in Section 18.3 and in accordance with Section 18.2. If, within this one-year period, any Improvement or part of any Improvement installed or constructed, or caused to be installed or constructed by Developer, or any of the Work, fails to fulfill any of the requirements of the Improvement Plans or this Agreement, Developer shall, without delay and without cost to City, repair, replace or reconstruct any defective Work to the satisfaction of the City Engineer. Should Developer fail to act promptly or in accordance with this requirement, or should the exigencies of the situation require repairs, replacements, or reconstruction to be made before Developer can be notified, City may, at its option, make the necessary repairs, replacements or perform the necessary reconstruction USING THE WARRANTY BOND POSTED BY THE DEVELOPER.

20.2 Warranty Bond. Developer shall furnish and deliver a warranty bond in the amount equal to ten percent (10%) of the estimated total cost of the Improvements excluding grading prior to acceptance and final approval of the Improvements and prior to release of the entirety of the Performance Bond. The bond shall be in a form acceptable to the City Attorney and shall guarantee and warranty the Work for a period of one year following the date of recordation of the notice of acceptance of the Improvements against any defective work or labor done, or defective materials furnished. The warranty bond can be released in phases as described in Section 18.3, upon acceptance of improvements, with the City Engineer authorization, in writing.

21. Developer Not Agent of City. Neither Developer nor Developer’s contractors, subcontractors, agents, officers, or employees are agents, partners, joint venturers or employees of City and the Developer’s relationship to the City, if any, arising here from is strictly that of an independent contractor. Developer’s contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Further, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

22. Indemnification.

22.1 Neither the City, nor its officers, agents and employees, shall be liable or responsible for any accident, injury, loss or damage to either property or person attributable to or arising out of the construction, installation or maintenance of the Improvements by Developer, its officers, employees and agents. Developer shall indemnify, hold harmless and defend the City, its officers, agents, and employees, from and against any and all losses, claims, costs, expenses, liabilities, damages, actions, causes of action and judgments, including attorneys' fees, arising directly or indirectly out of or attributable to Developer's acts or failure Packet Page 244
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to act.

22.2 Developer's obligations under this Section 8 are not conditioned or dependent upon whether the City, or its officers, agents, and employees, prepared, supplied or reviewed any Improvement Plans or related specifications in connection with the Subdivision or the Improvements, or has insurance or other indemnification covering any of these matters.

22.3 Developer's obligation to indemnify, hold harmless and defend the City shall extend to injuries to persons and damages to or alleged taking of property resulting from the design or construction of the Subdivision, and the Improvements required herein, and shall likewise extend to claims asserted by adjacent property owners based upon the diversion of waters caused by the Developer's design or construction of public drainage systems, streets, and other public facilities or improvements. Except for a City Directive as defined below, the City's acceptance of the Improvements shall not constitute an assumption by the City of any responsibility or liability for any damage or alleged taking of property referenced herein. City shall not be responsible or liable for the design or construction of the Subdivision or the Improvements constructed or installed pursuant to the approved Improvement Plans or the Final Map, regardless of any act or omission by the City in approving the Improvement Plans or the Final Map, unless the particular Improvement design was required by the City over the written objection of the Developer, which objection stated that the Improvement design was potentially dangerous or defective and set forth an alternative design (a "City Directive"). After City's acceptance of the Improvements, the Developer shall remain obligated to correct or eliminate all dangerous conditions created by defects in design or construction (other than those required by a City Directive); provided, however, that Developer shall not be responsible for routine maintenance. Developer's indemnity obligations hereunder shall remain in effect for two (2) years following acceptance of the respective Improvement(s) by the City Council. Developer acknowledges and agrees that Developer shall be responsible and liable for the design and construction of the Improvements and other work done pursuant to this Agreement, unless same is due to a City Directive. City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting or modifying any Improvement Plans or related specifications, or in inspecting, reviewing or approving any work or construction of Improvements, unless same is due to a City Directive. The Developer's improvement security shall not be required to secure the Developer's obligations under this subparagraph C beyond the one-year guarantee and warranty period.

22.4 Developer shall pay and satisfy any judgment, award or decree that may be rendered against City, its officers, officials, employees, agents, representatives and volunteers (collectively hereinafter "City and City Personnel") to the extent of the indemnity provided above, in any such suit, action, or other legal proceeding, provided City gives Developer prompt written notice of such claim and allows Developer to undertake the defense thereof.

22.5 Developer's obligation to indemnify shall not be restricted to Insurance proceeds, if any, received by the City and City Personnel.

22.6 Developer, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against City and City Personnel to the extent of the indemnity above provided.

23. Insurance.

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23.1 The following coverages will be provided by Developer and maintained on behalf of City and in accordance with the requirements set forth herein. If Developer performs construction activities through a general contractor, some or all of these insurance requirements for the period of construction may be satisfied by the general contractor's insurance coverages; provided, however, that Developer shall first provide a written plan for the approval of the City which sets forth the respective obligations and deadlines of the Developer and its contractor. In addition, Developer may elect to obtain, for all or any portion of the Project, an "OwnerControlled Wrap Up" insurance policy in satisfaction of the insurance requirements for general contractors and subcontractors provided it satisfies all of the insurance requirements below for general contractors and subcontractors. Throughout these specifications, the word "Developer" refers to the Party responsible to provide the coverages as specified and, depending on context, may refer either to Developer or to a separate General Contractor.

23.2 Insurance During Construction. Developer shall provide the following insurance during construction of the Improvements. Insurance requirements may be met through insurance provided by Developer's General Contractor:

23.2.1 Commercial General Liability (CGL). Commercial General Liability Insurance (primary) shall be provided on 1SO-CGL Form No. CG 00 01 or equivalent coverage, including provisions for defense of additional insureds. Policy limits shall be no less than one million dollars ($1,000,000) per occurrence for all coverages and two million dollars ($2,000,000) general aggregate. Agency and its employees and agents and the City of Seaside shall be added as additional insureds using ISO Forms CG 2010 07 04 and CG 2037 07 04, not limiting coverage for the additional insured to "ongoing operations" or in any way excluding coverage for completed operations. Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to Agency or City or any employee or agent of Agency or City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation or other endorsement limiting the scope of coverage for liability arising from pollution, explosion, collapse, or underground property damage.

23.2.2 Umbrella Liability Insurance. Umbrella Liability Insurance (or, at Developer' selection, Excess Liability Insurance) (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum. Coverage shall be at least as broad as any underlying coverage. Coverage shall be provided on a "pay on behalf' basis.

There shall be no cross-liability exclusion and no contractor's limitation endorsement. Policy limits shall be not less than Ten Million Dollars ($10,000,000.00) per occurrence and in the aggregate, including any limits required in the underlying policies. The policy shall have a starting date no later than and an ending date no earlier than those of the underlying coverages.

The Named Insured (Developer or General Contractor as appropriate) may determine the layering of primary and excess liability insurance provided that if such layering differs from that described here, the actual coverage program meets the minimum total required limits and complies with all other requirements listed here.

23.2.3 Business Auto Coverage. Business Auto Coverage shall be written on ISO Business Auto Coverage Form CA 00 01 or the equivalent, including symbol (1) (any Auto). If Developer (or Contractor) does not own any vehicles, this requirement may be satisfied by a non-owned vehicle endorsement to the general and umbrella liability policies. Limits shall be no less than one million dollars per accident. This policy shall be scheduled as underlying insurance to the umbrella policy required above for a total limit of no less than Five Million Dollars ($5,000,000) each accident.

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23.2.4 Workers' Compensation Insurance. Workers' Compensation/Employer's Liability shall provide workers' compensation statutory benefits as required by law. Employer's liability limits shall be no less than one million dollars ($1,000,000) per accident or disease. Employer's liability coverage shall be scheduled under the umbrella or excess liability policy described above. This policy shall be endorsed to waive any right of subrogation as respects Agency, City or their employees or agents.

23.2.5 Builders Risk Insurance. The City shall, at its option, purchase Builder's Risk Insurance for the work of Improvements. If Builder's Risk Insurance is purchased by the City, the Developer shall reimburse the City for the cost of such insurance. If City, at its option, does not purchase Builder's Risk Insurance, then Developer shall purchase such insurance in connection with the work of the Improvements.

23.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:

23.3.1 All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage.

23.3.2 Requirements of specific coverage features or limits defined in this Agreement are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any Party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

23.3.3 All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, shall not prohibit Developer, and Developer's employees, or agents, from waiving the right of subrogation prior to a loss.

23.3.4 None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing by the Executive Director.

23.3.5 Unless otherwise approved by City, Developer's insurance and insurance provided by any contractor or subcontractor shall be written by insurers authorized to do business in the State of California and with a minimum "Best's Insurance Guide rating of at least "A-: VII" Self-insurance will not comply with these insurance specifications unless expressly approved in writing by the City.

23.3.6 In the event any policy of insurance required under this Agreement does not comply with these requirements and Developer does not cure the non-compliance within thirty (30) days after written notice from City (or Developer does not provide reasonable evidence of such cure within such period), or if the insurance is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Developer.

23.3.7 Developer agrees to provide evidence of the insurance required herein, satisfactory to City, consisting of certificate(s) of insurance evidencing all of the coverages required and an additional insured endorsement to Developer's general liability using ISO Forms CG 2010 07 04 and CG 2037 07 04 and "Following Form" umbrella liability policies.

Certificate(s) are to reflect that the insurer will provide 30 days’ notice of any cancellation of Packet Page 247
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coverage and policies are to have a "cancellation endorsement" to the same effect. Developer agrees to provide copies of any endorsements modifying coverage in any way upon request from City.

23.3.8 Developer shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least five (5) business days prior to the expiration of the coverages.

23.3.9 Any actual or alleged failure on the part of City or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of City or any additional insured, in this or any other regard.

23.3.10 Developer agrees to require all subcontractors or other parties hired for this project to purchase and maintain insurance for general liability (minimum limit $1,000,000 per occurrence), automobile liability ($1,000,000 per accident) and workers' compensation (statutory benefits). If an owner-controlled insurance policy ("wrap") is purchased, this requirement is automatically satisfied. Prior to the issuance of the Certificate of Completion, Developer shall provide the City with copies of all insurance policies, certificates and endorsements related.

23.3.11 Developer agrees to monitor and review all coverage required by subparagraph 9 above and assumes all responsibility for ensuring that such coverage is provided as required here. Developer agrees to obtain certificates evidencing such coverage. Developer agrees that upon request, all agreements with subcontractors or others with whom Developer contracts with on behalf of City, and all certificates of insurance obtained in compliance with this paragraph will be submitted to City for review. Failure of City to request copies of such documents will not impose any liability on City, or its employees.

23.3.12 Developer agrees to require that no contract used by any general contractor or subcontractor, or contracts Developer enters into on behalf of City, will reserve the right to charge back to City the cost of insurance required by this Agreement.

23.3.13 Where appropriate (such as in the case of automobile insurance coverages), coverage will not be limited to the specific location designated as the Property.

23.3.14 Developer agrees to provide notice to City of any claim or loss against Developer that includes City or the City of Seaside as a defendant promptly after Developer receives written notice or obtains knowledge thereof City assumes no obligation or liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. City agrees to provide similar notice to Developer of any such claims it is notified of respecting the Property.

23.3.15 Developer agrees not to attempt to avoid its defense and indemnity obligations to City, and their employees, agents, officials, and servants by using as a defense Developer's statutory immunity under workers' compensation and similar statutes.

23.3.16 Developer agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and that there will be no cross-liability exclusions that preclude coverage for suits between Developer and City or between City and any other insured or Named Insured under the policy, or between City and any Party associated with City or its employees.

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23.3.17 If Developer or any contractor or subcontractor is a Limited Liability Company, general liability coverage must apply so that the Limited Liability Company and its Managers, Members, Affiliates, and their employees are insureds.

23.3.18 Developer shall require General Contractor to maintain commercial general liability, and if necessary, commercial umbrella liability insurance with a limit of not less than Ten Million Dollars ($10,000,000.00) for each occurrence for at least three years following substantial completion of the work.

23.3.19 Developer agrees to obtain and provide to City evidence of professional liability coverage for Architects, Engineers or other design professionals working on the Project. The limit of liability required is subject to City approval, but in no event to be less than $1 million per claim and in the aggregate, and Developer shall use reasonable effo11s to require and cause such professionals to maintain coverage such coverage with respect to each occurrence for at least three years following substantial completion of the work and, in the event Developer is unable to do so, Developer shall promptly inform the City of the scope of such efforts and the reasons that it was unable to do so. If Developer requests that the City approve a lower limit for any particular design professional Developer seeks to employ on the Project, City will evaluate each such request based on City's perception of liability exposure associated with the work that would be performed by that design professional.

23.3.20 To the extent a particular coverage or policy form or specification is not reasonably available from Developer's insurer or would result in an additional premium that is extraordinary or unreasonably disproportionate to the premium for the policy as a whole, then Developer shall provide substantially similar coverage reasonably acceptable to City for which the cost is not extraordinary or unreasonably disproportionate.

23.3.21 For any Claims related to this Agreement, the Developer’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Developer’s insurance and shall not contribute with it.

23.3.22 Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

23.3.23 Developer hereby grants to City a waiver of any right to subrogation which any insurer of said Developer may acquire against the City by virtue of the payment of any loss under such insurance. Developer agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

23.3.24 Any deductibles or self- insured retentions must be declared to and approved by the City. The City may require the Developer to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

23.4 Developer shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this Section. All certificates and endorsements are to be received and approved by the City before the Work commences. However, failure to obtain the required documents prior to the commencement of the Work shall not waive the Developer’s obligation to provide them. The City reserves the right Packet Page 249
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to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

23.5 Developer shall include all of their consultants and all prime contractors and subcontractors as insured under its polices or shall furnish separate certificates and endorsements for each consultant and contractor. All coverages for consultants and contractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming additional insureds.

23.6 If the Developer maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Developer. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

24. Payments. Developer agrees that it will pay, when due, all those furnishing labor or materials in connection with the Work. Developer further agrees that pursuant to Government Code section 66499.7, the Labor and Materials Bond provided by Developer in accordance with Section 14.2 of this Agreement shall not be released if any mechanics liens or stop notices are outstanding, unless said liens are released by bond in compliance with Civil Code section 8424.

25. Notice of Breach and Default. The occurrence of any of the following constitutes a breach and default of this Agreement:
(1) Developer refuses or fails to complete the Work within the time set forth herein or abandons the Work;
(2) Developer assigns the Agreement without the prior written consent of City;
(3) Developer is adjudged bankrupt or makes a general assignment for the benefit of creditors, or a receiver is appointed in the event of Developer’s insolvency;
(4) Developer or Developer’s consultants, contractors, subcontractors, agents or employees, fail to comply with any terms or conditions of this Agreement or
(5) There is any delay in the construction of any portion of the Work or repairs, which in the reasonable opinion of the City Engineer, endangers public or private property.

City reserves to itself all remedies available to it at law or in equity for any breach of Subdivider's obligations under this Agreement. City shall have the right, without limitation of other rights or remedies, after written notice to Developer and a reasonable opportunity for Developer to cure any such alleged default, to draw upon or utilize any improvement security furnished hereunder to complete the Improvements or otherwise mitigate City's damages in the event of Subdivider's default.

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26. Breach of Agreement; Performance by City; Remedies.

26.1 Upon the occurrence of any of the following events, the Developer shall be deemed to be in default under this Agreement:

26.1.1 Subject to any time extensions granted in accordance with Section 4, failure to complete construction and installation of the Improvements or any of them by the completion date set forth above in the Subdivision Reference Data;

26.1.2 Failure to promptly correct or cure any defect in the Improvements or any of them during the one-year guarantee and warranty period as required by Section 3.A or failure to commence correction or cure of any such defect or failure to diligently prosecute same to completion, in each instance following receipt by Developer of written notice that such defect exists;

26.1.3 Subject to any time extensions granted in accordance with Section 4, failure to perform substantial construction work of the Improvements or any of them, after commencement of work on same, for a period of thirty (30) days after Developer’s receipt of written notice thereof from the City;

26.1.4 Insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, whether voluntary or involuntary, and such is not cured or discharged within a period of thirty (30) days;

26.1.5 Commencement of a foreclosure action against the Subdivision or any portion thereof, or any conveyance by the Developer in lieu or in avoidance of foreclosure, within thirty (30) days after receipt by Developer of written notice thereof from the City; or

26.1.6 Failure to perform any other obligations in accordance with the terms and provisions of this Agreement within thirty (30) days after receipt by Developer of written notice thereof from the City.

26.2 City reserves to itself all remedies available to it at law or in equity for any breach of Subdivider's obligations under this Agreement. City shall have the right, without limitation of other rights or remedies, after written notice to Developer and a reasonable opportunity for Developer to cure any such alleged default, to draw upon or utilize any improvement security furnished hereunder to complete the Improvements or otherwise mitigate City's damages in the event of Subdivider's default.

26.3 Following Developer's receipt of written notice of alleged default and failure by Developer to promptly commence the cure of any alleged default and to diligently prosecute such cure to completion, the City may serve written notice of any such default upon the surety on any corporate surety bond furnished as improvement security hereunder, and request that said surety take over and complete the Improvements herein specified. If such surety, within ten (10) days after service of such notice of default, does not give the City written notice of its intention to perform this Agreement, or does not commence such performance within thirty (30) days after notice to the City of such intention to perform, the City may take over the work and prosecute the same to completion, by contract or by any other method the City deems advisable, for the account and at the expense of the Subdivider and its surety.

26.4 Developer acknowledges that the Estimated Total Costs and improvement security amounts set forth herein may not reflect the actual cost of construction or installation of the Improvements, and, consequently, City's damages for Developer's default shall be measured by the actual cost of completing the required Improvements. If the damages incurred by the City Packet Page 251
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in taking over and completing the Improvements exceeds the principal amount of the improvement security, then the Developer shall reimburse the City in the amount of such excess damages.

26.5 Following Developer's receipt of written notice of alleged default and failure by Developer to promptly commence the cure of any alleged default and to diligently prosecute such cure to completion, City may, without liability for so doing, take possession of, and utilize in completing the Improvements, such materials, appliances, plant and other property belonging to Developer as may be on the site of the work and necessary for the performance of the work. Developer hereby consents to such entry by the City and its representatives, including contractors, upon any real property in the Subdivision owned by Developer or by any assignee of this Agreement, in the event the City elects to maintain or complete the work on the Improvements following Developer's default.

26.6 Developer acknowledges and agrees that, upon purchase of the Property, City will confer substantial rights upon the Developer, including the right to sell, lease or finance lots within the Subdivision, and that such approval constitutes the final act necessary to permit the division of land within the Subdivision. As a result, City will be damaged to the extent of the cost of construction or installation of the Improvements upon Developer's failure to perform its obligations under this Agreement, which failure is not promptly remedied by sureties or by Developer.

26.7 The City's failure to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of the Developer.

26.8 If City sues to compel Developer's performance of this Agreement, or to recover damages or costs incurred in completing or maintaining the work on the Improvements, Developer agrees to pay all attorneys' fees and other costs and expenses of litigation incurred by the City in connection therewith, even if Developer subsequently resumes and completes the work.

27. Erosion Control. Developer shall take all necessary actions during the Work to prevent erosion damage and to prevent migration of soil or silt- or sediment-contaminated storm water run-off onto streets or other properties or into creeks, seasonal drainage courses or the public storm drain system. It is understood and agreed that in the event of failure on the part of Developer to prevent erosion or soil migration or storm water contamination, City may implement any and all erosion or storm water protection and/or mitigation measures it determines to be necessary on an emergency basis and Developer shall, within thirty (30) days of receiving notice in writing from the City Engineer, reimburse City for all of City’s actual expenses incurred (including administrative and/or legal expenses) in implementing such erosion protection and/or mitigation measures. If Developer fails to timely reimburse City, City may proceed against the Performance Bond described in Section 14.1 to cover all of City’s actual expenses.

28. Record Drawings. Developer shall provide City with final Record Drawings of all plans developed for the Subdivision, showing all changes, and as built conditions as specified in the Tentative Tract Map Conditions of Approval prior to the acceptance of improvements.

29. Attorneys’ Fees. Should any legal action or arbitration be brought by either party because of breach of this Agreement or to enforce any provision of this Agreement, the prevailing party shall be entitled to all costs of suit, reasonable attorneys’ fees, arbitration costs and such other costs as may be determined by the court or arbitrator.

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30. Notices. Formal written notices, demands, correspondence and communications between City and Developer shall be sufficiently given if: (a) personally delivered; (b) dispatched by next day delivery by a reputable carrier such as Federal Express to the offices of City and Developer indicated below, provided that a receipt for delivery is provided; or (c) if dispatched by first class mail, postage prepaid, to the offices of City and Developer indicated below. Such written notices, demands, correspondence and communications may be sent in the same manner to such persons and addresses as either party may from time-to-time designate by next day delivery or by mail as provided in this Section.

City: CITY OF SEASIDE
440 Harcourt Avenue
Seaside, CA 93955
Attention: City Engineer
Developer:

Attention:

KB-B TO PROVIE CONTACT INFORMATION
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Notices delivered by deposit in the United States mail as provided above shall be deemed to have been served two (2) business days after the date of deposit if addressed to an address within the State of California, and three (3) business days if addressed to an address within the United States but outside the State of California.

31. Transfers; Assignments. Developer may assign its obligations under this Agreement to successor owner(s) of the Property only with the prior written consent of the City.

In connection with any such assignment, Developer and its assignee shall execute and deliver to City a written assignment and assumption agreement in a form acceptable to the City Attorney.

32. Binding Upon Heirs, Successors and Assigns. The terms, covenants and conditions of this Agreement shall be binding upon all heirs, successors and assigns of the parties hereto; provided, however, that this Agreement shall not be binding upon a purchaser or transferee of any portion of the Property unless this Agreement has been assigned pursuant to Section 31. If this Agreement has not been assigned or if the assignment has not been consented to by City, it shall remain binding on Developer.

33. Headings. Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants or conditions contained in this Agreement.

34. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect.

35. Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to its subject matter. All modifications, amendments, or waivers of any terms of this Agreement shall be in writing and signed by the duly authorized representatives of the e parties. In the case of the City, the duly authorized representative, unless otherwise specified herein, shall be the City Engineer.

36. Governing Law; Venue. This Agreement shall be governed by the laws of the State of California.

37. Authority. Each party executing this Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such party is a partnership, corporation, or trustee, that such partnership, corporation or trustee has full right and authority to enter into this Agreement and perform all of its obligations hereunder.

38. Time is of the Essence. Time is of the essence of this Agreement and of each and every term and condition hereof.

39. Runs with the Land, Recordation. This Agreement pertains to and shall run with the Property. Upon execution, this Agreement shall be recorded in the Official Records of Monterey County.

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IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the Effective Date.

CITY OF SEASIDE, a California Municipal Corporation
By:
, City Manager
DEVELOPER:
.

By:

ATTEST:

City Clerk
APPROVED AS TO FORM:

Attorneys at Law
Sheri Damon, City Attorney
NOTE: Developer signature shall be notarized
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Revised: January 10, 2025

ACKNOWLEDGEMENTS

STATE OF CALIFORNIA )

COUNTY OF )
On , 2023 before me,
,
(Insert name and title of officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(SEAL)
Notary Public
* * * * * * * * * * * * *
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document
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STATE OF CALIFORNIA )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(SEAL)
Notary Public
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document
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Revised: January 10, 2025

EXHIBIT A

LEGAL DESCRIPTION OF

THE PROPERTY
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First American Title

Page 23 of 16 ends

Seaside City CouncilJanuary 16, 2025

Seaside City Council
January 16, 2025