AMENDED A G E N D A
CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/SUCCESSOR 440 HARCOURT AVE (COUNCIL CHAMBER) AGENCY TO THE Thursday, September 17, 2026
REDEVELOPMENT AGENCY 5:00 PM
Virtual Participation Guide: https://www.ci.seaside.ca.us/129/City-Council-Committee-Agendas https://www.youtube.com/c/CityofSeasideCalifornia | https://ci-seaside-ca-us.zoom.us/j/83380305675 | WEBINAR ID: 83380305675 | (669) 900-9128
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. CITY COUNCIL/SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY OF
THE CITY OF SEASIDE
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.
4. INVOCATION AND PLEDGE OF ALLEGIANCE
5. 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).
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.
Packet Page 1
City Council REGULAR Meeting September 17, 2026 5:00 PM Agenda Page 2 A. SEASIDE CITY NEWS BROADCAST AND COMMENTS FROM THE CITY
MANAGER
8. PRESENTATIONS
A. RECEIVE A PRESENTATION FROM THE HOUSING RESOURCE CENTER OF
MONTEREY COUNTY (JONATHAN AHMADI, BOARD OF DIRECTORS &
CATHERINE STIHLER, EXECUTIVE DIRECTOR)
RECOMMENDATION: Enter your recommendation as the motion/action you want the Council to take; start with an action word.
B. RECEIVE A PRESENTATION FROM EVERYONE'S HARVEST ON THE 25/26
COMMUNITY SOCIAL SERVICES GRANT PROGRAM
C. RECEIVE A PRESENTATION FROM GREATER VICTORY TEMPLE CHURCH ON THE 25/26 COMMUNITY SOCIAL SERVICES GRANT PROGRAM
D. RECEIVE A PRESENTATION FROM FRIENDS OF SEASIDE PARKS ASSOCIATION ON THE 25/26 COMMUNITY SOCIAL SERVICES GRANT
PROGRAM
9. CONSENT AGENDA
A. APPROVE MINUTES FROM SEPTEMBER 3, 2026
RECOMMENDATION: Approve minutes as presented in the agenda packet.
B. APPROVE PROCLAMATION RECOGNIZING OCTOBER 2026 AS NATIONAL
DISABILITY EMPLOYMENT AWARENESS MONTH IN THE CITY OF
SEASIDE
RECOMMENDATION: Approve a proclamation recognizing October 2026 as National Disability Employment Awareness Month in the City of Seaside.
C. APPROVE A PROCLAMATION RECOGNIZING THE MONTH OF OCTOBER 2026 AS NATIONAL BREAST CANCER AWARENESS MONTH IN THE CITY
OF SEASIDE
RECOMMENDATION: Approve a proclamation recognizing the Month of October 2026 as National Breast Cancer Awareness month in the City of Seaside.
D. APPROVE A PROCLAMATION RECOGNIZING OCTOBER 4-10, 2026, AS
FIRE PREVENTION WEEK IN THE CITY OF SEASIDE
RECOMMENDATION: Approve proclamation.
E. APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST OF
$3,000.00 FROM MONTEREY CONDORS CLUB TO ASSIST WITH THE
COSTS ASSOCIATED WITH THEIR SOCCER PROGRAMS
Packet Page 2
City Council REGULAR Meeting September 17, 2026 5:00 PM Agenda Page 3 RECOMMENDATION: Approve the request.
F. APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST OF
$3,000.00 FROM SEASIDE POLICE ACTIVITIES LEAGUE TO ASSIST WITH
THE COSTS ASSOCIATED WITH EXPENSES RELATED TO THEIR SPORTS
PROGRAMS
RECOMMENDATION: Approve the request.
G. APPROVE A FEE WAIVER REQUEST FROM NARCOTICS ANONYMOUS FOR
THE USE OF LAGUNA GRANDE HALL AND KITCHEN FOR A WOMEN'S BRUNCH ON APRIL 10, 2027, IN THE AMOUNT OF $562.50
RECOMMENDATION: Approve the request.
H. APPROVE A FEE WAIVER REQUEST FROM SEASIDE HIGH SCHOOL FOR
COSTS ASSOCIATED WITH THE ANNUAL HOMECOMING PARADE ON
OCTOBER 23, 2026, IN THE AMOUNT OF $1,112.00
RECOMMENDATION: Approve the request.
I. APPROVE A FEE WAIVER FROM SARANGSAM PRISON MINISTRY FOR THE USE OF THE LAGUNA GRANDE HALL AND KITCHEN FOR THEIR 8TH ANNUAL MUSIC FESTIVAL ON OCTOBER 2, 2026, AND OCTOBER 3, 2026, IN THE AMOUNT OF $3,894.00
RECOMMENDATION: Approve the fee waiver.
J. APPROVE TAC RECOMMENDATION TO DENY PERMIT PARKING AT 1280
FREMONT
RECOMMENDATION: Approve TAC recommendation to keep the 2 hour parking at 1280 Fremont.
K. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN OPTION AGREEMENT FOR EV CHARGING SERVICES SITE LICENSE AT PARKING LOT 1 FOR THE PURPOSE OF INSTALLING AND OPERATING
DIRECT CURRENT FAST CHARGING INFRASTRUCTURE
RECOMMENDATION: Approve the Option Agreement for Site Lease.
L. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH MONTEREY PENINSULA UNIFIED SCHOOL
DISTRICT FOR STAFFING AT THE AFTER-SCHOOL RECREATION
PROGRAMMING AT THE DUAL LANGUAGE ACADEMY OF THE MONTEREY PENINSULA DURING THE 2026-27 SCHOOL YEAR
RECOMMENDATION: Approve the agreement.
M. ADOPT A RESOLUTION AUTHORIZING THE CLOSURE OF BROADWAY
AVENUE FROM ALHAMBRA TO CALAVERAS STREET FOR THE SEASIDE Packet Page 3
City Council REGULAR Meeting September 17, 2026 5:00 PM Agenda Page 4 STARS 5TH ANNUAL UNVEILING EVENT ON SATURDAY, OCTOBER 10, 2026
RECOMMENDATION: Adopt a resolution authorizing the street closure for the Seaside Stars unveiling event.
N. ADOPT A RESOLUTION AUTHORIZING THE CLOSURE OF YOSEMITE
STREET, BETWEEN BROADWAY AVENUE AND MENDOCINO STREET, ON OCTOBER 3, 2026 FOR SEASIDE FIRE DEPARTMENT'S ANNUAL
COMMUNITY PUBLIC EDUCATION OPEN HOUSE
RECOMMENDATION: Adopt a resolution approving closure of Yosemite Street, between Broadway Avenue and Mendocino Street on October 3, 2026, from 7:00 a.m. - 4:00 p.m. for the Fire Department's annual public education open house.
O. ADOPT A RESOLUTION APPROVING THE SPECIFICATIONS FOR THE TREE MAINTENANCE ON-CALL CONTRACT; AWARDING CONSTRUCTION
CONTRACTS TO THE THREE LOWEST RESPONSIVE, RESPONSIBLE
BIDDERS, WEST COAST ARBORISTS, INC., TOPE'S TREE SERVICE, INC., AND DAVEY TREE EXPERT COMPANY; AND AUTHORIZING AN ANNUAL NOT-TO-EXCEED FUNDING LIMIT OF $100,000.00
RECOMMENDATION: Approve contracts.
P. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
A MUNICIPAL ADVISOR AGREEMENT WITH NHA ADVISORS, LLC, FOR
MUNICIPAL ADVISORY SERVICES WITH A NOT TO EXCEED AMOUNT OF $31,500.00
RECOMMENDATION: Authorize the City Manager to enter into an agreement with NHA Advisors, LLC as attached.
Q. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN ENVIRONMENTAL SERVICES COOPERATIVE AGREEMENT WITH THE
DEPARTMENT OF THE ARMY FOR PFAS SOIL TESTING AT CAMPUS TOWN PHASE 1B AND NURSES' BARRACKS
RECOMMENDATION: Authorize City Manager to execute the agreement.
10. PUBLIC HEARING
A. ADOPT A RESOLUTION APPROVING THE CONSOLIDATED ANNUAL
PERFORMANCE AND EVALUATION REPORT FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 2025-2026 B. AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF
ARCHITECTURAL REVIEW APPLICATION NO. AR-2026-002 AND MINOR USE PERMIT NO. MUP-2026-001 FOR A SECOND-STORY ADDITION TO
AN EXISTING ONE-STORY SINGLE-FAMILY DWELLING, INCLUDING A 337 SQUARE FOOT DECK ABOVE A RELOCATED ZERO-LOT-LINE 391 SQUARE FOOT GARAGE AND A 234 SQUARE FOOT BALCONY, LOCATED Packet Page 4
City Council REGULAR Meeting September 17, 2026 5:00 PM Agenda Page 5 IN THE SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT (RS-8) AT 1828 YOSEMITE STREET (APN 012-621-034).
RECOMMENDATION: Adopt a resolution upholding the Planning Commission's approval of Architectural Review Application No. AR-2026-002 and Minor Use Permit No. MUP-2026-001.
C. AN ORDINANCE TO AMEND CHAPTER 17.40 OF THE SEASIDE
MUNICIPAL CODE TO ALLOW ELECTRONIC MESSAGE DISPLAY SIGNS
FOR PLACES OF WORSHIP AND PUBLIC OR PRIVATE MEETING
FACILITIES ON LOCAL STREETS. THIS ACTION IS NOT SUBJECT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15061(B)(3) OF THE CEQA GUIDELINES (FIRST READING -
ROLL CALL VOTE)
RECOMMENDATION: Introduce the attached Ordinance for adoption at the next City Council meeting.
11. BUSINESS ITEMS
A. RECEIVE A PRESENTATION ON THE SAN PABLO PEDESTRIAN BRIDGE
TYPE SELECTION REPORT AND APPROVE THE CONCEPT DESIGN FOR
THE PROJECT
RECOMMENDATION: Approve the design of the "Connector" bridge superstructure with timber decking, "galvanized & paint" coating option, with new CIDH foundation.
12. COUNCIL MEMBER 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. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6
Agency Negotiators: Greg McDanel, City Manager; Samantha Sahkrani, Human Packet Page 5
City Council REGULAR Meeting September 17, 2026 5:00 PM Agenda Page 6 Resources Director/Risk Manager
Employee Organizations: Seaside Police Officers' Association, and Seaside Managers Employee Association
B. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE 54956.9 ONE MATTER OF EXISTING LITIGATION
Case Name: Landwatch et al. v. City of Seaside
Case Number: Monterey County Superior Court 24CV002483/ 6th District Court of Appeal Case Number currently unassigned C. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (D)(2)
Two potential matters
15. ADJOURNMENT
Next Regularly Scheduled Meeting:
October 1, 2026
5:00 PM
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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DRAFT MINUTES
CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/ SUCCESSOR 440 HARCOURT AVE
AGENCY TO THE Thursday, September 3, 2026
REDEVELOPMENT AGENCY 5:00 PM
1. CALL TO ORDER
Mayor/Chair Oglesby called the meeting to order at 5:00 p.m.
2. ROLL CALL – ESTABLISHMENT OF QUORUM
PRESENT: Burks, Garcia-Arrazola, Miller, Oglesy, Pacheco ABSENT: None
3. INVOCATION AND PLEDGE OF ALLEGIANCE
A moment of silence was held for the invocation. The pledge was led by Mayor Pro Tem/Vice Chair Pacheco.
4. REVIEW OF AGENDA
Closed Session Item 12A – Two Potential Matters (of Litigation) was removed from the agenda.
5. PUBLIC COMMENT
Susan Schiavone and Nina Bey.
6. PUBLIC AGENCY COMMUNICATIONS
Josh Stratton, California American Water Coastal Division External Affairs Lead, provided an overview of the company's updated Emergency Response Plan and emphasized continued coordination with City and County staff during emergencies.
A. SEASIDE HIGH QUARTERLY REPORT (PRINCIPAL, ANDREW AGUINIGA) Principal Andrew Aguiniga and Seaside High School students Alex Montes and Zadie Meltes provided the school’s quarterly update. Students highlighted dual enrollment opportunities, including 225 enrollments across 15 additional courses, as well as student recognition through the Seal of Biliteracy and Seal of Civic Engagement. The presentation also highlighted internships, First Friday activities, freshman orientation, the club fair, athletics, the newly launched MIND Academy (Math, Innovation, Networking and Design), and Seaside High School’s recognition as a PBIS Platinum school.
The school also reviewed its 'Academies for All' concept, which is intended to connect every student with an academy pathway and provide college and career preparation through internships, dual enrollment, civic engagement and other resume-building opportunities. Principal Aguinaga also announced plans for a Packet Page 7
Thursday, September 3, 2026 City Council REGULAR Meeting Page 2 Seaside Youth Council for students in grades 8 through 11 to support youth-led research, problem solving and collaboration with the school district, City and community partners. Councilmembers discussed PBIS, college-transfer pathways, student leadership and opportunities for City collaboration, and thanked the students and staff for the presentation.
B. SEASIDE CITY NEWS BROADCAST AND COMMENTS FROM THE CITY
MANAGER
The Seaside City News broadcast highlighted upcoming events and community programs, including:
• The 19th Seaside Artist Tour on September 5 and 6
• Monterey Bay F.C. Hispanic Heritage Night on September 5 • Monterey County Pops Labor Day Concert on the City Hall lawn on September 7
• September 11 Remembrance Ceremony
• Palenke Arts Immigrant Voices concert on September 12 • Coastal Cleanup Day on September 19
• Sickle Cell Awareness Walk on September 19
• Neighborhood Improvement Commission's citywide community cleanup on September 26
• 6th Annual Oaxaca by the Sea celebration on September 27 The broadcast also announced that applications for the 2026/2027 Digital Divide Grant Program are open through October 30, with eligible public schools and school districts able to apply for up to $100,000 and nonprofit community-based organizations for up to $50,000.
The City News also announced that Seaside was awarded $2.23 million in Regional Surface Transportation Program funding for traffic and safety improvements near Seaside Middle School, focusing on Coe Avenue and General Jim Moore Boulevard. Preliminary concepts include evaluating roundabout configurations, enhanced pedestrian crossings and other improvements intended to improve traffic flow and safety for students, families, pedestrians, bicyclists and drivers. The City Manager highlighted the transportation award, thanked Public Works and supporting departments, and invited the community to Monterey Bay F.C. Hispanic Heritage Night, where a Hispanic Heritage Month proclamation and a Palenke Arts performance were planned for halftime.
7. PRESENTATIONS
A. PRESENT A RETIREMENT PLAQUE TO SENIOR MAINTENANCE &
UTILITIES WORKER STEPHANIE PENAMANTE, IN APPRECIATION OF 24
YEARS OF DEDICATED SERVICE
Staff and the City Council recognized Senior Maintenance and Utility Worker Stephanie Penamante for 24 years of dedicated service to the City of Seaside.
Packet Page 8
Thursday, September 3, 2026 City Council REGULAR Meeting Page 3 Staff highlighted her leadership in the Parks Division, including supervising maintenance crews, participating in the planting of approximately 400 trees, conducting playground inspections, supporting Friends of Seaside Parks, and contributing to landscaping and beautification projects at City Hall, the library, Fire Station No. 1, Broadway Avenue and other City locations. Mayor Oglesby presented a proclamation and retirement plaque recognizing her service from April 2002 through September 11, 2026. Councilmembers expressed appreciation for her institutional knowledge, commitment to the community and lasting contributions to Seaside’s parks and public spaces.
B. PRESENT A PROCLAMATION TO JACOB'S HEART CANCER SUPPORT SERVICES RECOGNIZING SEPTEMBER 2026, AS CHILDHOOD CANCER
AWARENESS MONTH IN THE CITY OF SEASIDE
Mayor Oglesby presented a proclamation recognizing September 2026 as Childhood Cancer Awareness Month and honoring Jacob’s Heart Children’s Cancer Support Services. Daniela Naya, Director of Family Programs, explained that Jacob’s Heart supports families throughout Monterey, Santa Cruz, San Benito and Santa Clara counties with services provided at no cost, including groceries and essential goods, transportation to medical appointments, direct financial assistance, counseling and family support. Naya described the organization’s grocery-delivery and transportation programs and emphasized that childhood cancer affects the entire family, not only the child receiving treatment. She also invited the Council and community to a September 24 mixer at the Jacob’s Heart center. Councilmembers thanked the organization for helping families remain connected to food, medical care and emotional support during treatment and recovery.
C. RECEIVE A PRESENTATION FROM SUN STREET CENTERS ON THE 25/26
COMMUNITY SOCIAL SERVICES GRANT PROGRAM
Sun Street Centers reported serving 987 Seaside residents from October 2025 through June 2026, with participation increasing each quarter. Staff described 85 STEPS after-school youth leadership meetings engaging 32 Seaside High School students, 14 community outreach/tabling events, and 29 prevention presentations, workshops and trainings addressing vaping, marijuana, alcohol, prescription drugs, tobacco, bullying prevention and life skills. The presentation also reviewed the Road to Success pre-diversion program, which uses individualized case management, community service and pro-social activities to help first-time youth offenders avoid school expulsion and entry into the juvenile justice system; 28 youth were served and 15 completed the program during the reporting period.
STEPS youth participant Star Hernandez described how the program helped her develop leadership skills, build her resume, prepare for college and scholarships, and provide peer-to-peer substance-use prevention education. Council discussion Packet Page 9
Thursday, September 3, 2026 City Council REGULAR Meeting Page 4 addressed youth vaping and alcohol trends, the use of anonymous focus groups and post-presentation surveys to shape outreach, parent education, community partnerships and the Community Accountability Board process. Sun Street Centers also highlighted its collaboration with Seaside schools and community partners and its Spanish-language Parents Creating Solutions group.
D. RECEIVE A PRESENTATION FROM THE VILLAGE PROJECT, INC. FOR THE 25/26 COMMUNITY SOCIAL SERVICES GRANT PROGRAM
The Village Project co-founder Mel Mason reviewed the organization’s youth services and the impact of funding changes following Proposition 1. Mason explained that the organization lost approximately $91,000 in Monterey County Behavioral Health funding for its after-school academy and, as a result, made the difficult decision to end its youth intervention program on June 30, 2026 and focus future City grant support on the Macy Johnson After-School Academy and literacy needs. He emphasized the serious reading challenges faced by some participating students and the organization’s continued commitment to academic support.
Mr. Mason reported that 96 youth participated during the final year of the youth intervention program, including 61 returning participants and 35 new participants.
The program provided mentoring, educational and cultural outings, relationship building and support intended to prevent violence and strengthen youth and family connections. Council discussion focused on the loss of behavioral health funding, literacy support, the future of the intervention program and possible opportunities to seek other funding sources. Mr. Mason stated that The Village Project has not given up on restoring aspects of the program and continues to explore funding that could support similar outcomes for Seaside youth.
E. RECEIVE A PRESENTATION FROM ACTION COUNCIL OF MONTEREY COUNTY ON THE 25/26 COMMUNITY SOCIAL SERVICES GRANT
PROGRAM
Action Council of Monterey County staff and youth representatives presented an update on the Seaside Rising Youth Leadership Academy. The eight-session academy is designed to build youth leadership and civic engagement through workshops, discussions, creative activities, healing spaces, advocacy, mentorship and community service. Youth representatives described the program as a place for community connection and personal growth and shared examples of participating in community events, cleanups and civic-education activities.
The program reported reaching more than 1,000 youth ages 7 to 24 through outreach, mentorship, workshops, events and community programming; leading, co-leading or participating in 82 events and workshops; and collaborating with more than 55 schools, organizations, agencies and community leaders. Staff described a leadership pipeline that begins with younger students and continues Packet Page 10
Thursday, September 3, 2026 City Council REGULAR Meeting Page 5 through high school, college, career and peer mentoring. All participating high school seniors graduated, with graduates continuing to receive support with college applications, employment, career pathways, references and mentorship.
Program highlights included political and civic education, advocacy at the State Capitol, community service with Friends of Seaside Parks, college and career readiness, exposure to STEM and emerging technologies, and intergenerational mentoring.
8. CONSENT AGENDA
Items 8I and 8J were pulled from the consent agenda for separate discussion. Public comment was received.
On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Garcia-Arrazola and carried by the following vote, the City Council/Successor Agency moved to approve the consent agenda.
RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: None
A. APPROVE MINUTES FROM AUGUST 20, 2026
ACTION: APPROVED
B. APPROVE AND FILE CITY CHECKS
ACTION: APPROVED & FILED
C. APPROVE AND FILE SUCCESSOR AGENCY CHECKS
ACTION: APPROVED & FILED
D. APPROVE A PROCLAMATION DESIGNATING SEPTEMBER 21 TO
SEPTEMBER 25, 2026, AS STORMWATER AWARENESS WEEK IN THE
CITY OF SEASIDE
ACTION: APPROVED
E. APPROVE A PROCLAMATION RECOGNIZING SEPTEMBER 17, 2026, AS
CONSTITUTION AND CITIZENSHIP DAY IN THE CITY OF SEASIDE ACTION: APPROVED
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Thursday, September 3, 2026 City Council REGULAR Meeting Page 6 F. APPROVE A PROCLAMATION RECOGNIZING SEPTEMBER 15 THROUGH OCTOBER 15, 2026, AS NATIONAL HISPANIC HERITAGE MONTH IN THE
CITY OF SEASIDE
ACTION: APPROVED
G. APPROVE CO-SPONSORSHIP AND FEE WAIVER FROM ACTION COUNCIL "BUILDING HEALTHY COMMUNITIES" FOR COSTS ASSOCIATED WITH
THE USE OF THE LAGUNA GRANDE HALL AND KITCHEN FOR THEIR ANNUAL "SEASIDE YOUTH LEADERSHIP SUMMIT" ON SATURDAY,
DECEMBER 19, 2026, IN THE AMOUNT OF $393.75
ACTION: APPROVED
H. ADOPT A RESOLUTION APPROVING THE MEMORANDUM OF
UNDERSTANDING WITH THE SEASIDE PUBLIC SAFETY MANAGEMENT
ASSOCIATION
ACTION: ADOPTED RESO #26-86
I. ADOPT A RESOLUTION AUTHORIZING AN APPLICATION FOR UP TO $500,000.00 IN CALRECYCLE GRANT FUNDING FOR CLEANUP AND ILLEGAL DUMPING PREVENTION AT 100 GIGLING ROAD
Staff explained that the grant would support site security and cleanup at the "Hammerhead" facilities, including fencing, removal of existing debris and safety hazards, and measures to reduce illegal dumping while the site awaits future demolition. Public comment: None.
On motion by Council/Agency Member Miller and second by Mayor Pro Tem/Vice Chair Pacheco and carried by the following vote, the City Council/Successor Agency moved to authorized staff to apply for grant.
RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: None
ACTION: ADOPTED RESO #26-87
J. ADOPT A RESOLUTION DESIGNATING CITY HALL, OLDEMEYER
COMMUNITY CENTER, AND PATTULLO SWIM CENTER AND THEIR
ASSOCIATED GROUNDS AS RECREATIONAL AREAS
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Thursday, September 3, 2026 City Council REGULAR Meeting Page 7 Staff explained that the designation identifies the listed properties as functional turf used for recreational and community purposes under state water-use requirements. Public comment: None.
On motion by Council/Agency Member Garcia-Arrazola and second by Mayor Pro Tem/Vice Chair Pacheco and carried by the following vote, the City Council/Successor Agency moved to designate City Hall, Oldemeyer Community Center, And Pattullo Swim Center and their associated grounds as recreational areas.
RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: None
ACTION: ADOPTED #26-88
9. BUSINESS ITEMS
A. RECEIVE AN ECONOMIC DEVELOPMENT PROGRESS UPDATE AND
PROVIDE DIRECTION TO STAFF, AS APPROPRIATE
Administrative Analyst II Laura Calata presented an economic development update covering retail demand, visitor and market data, commercial vacancies, new and prospective businesses, business outreach, partnerships, Opportunity Zones 2.0, and ongoing development projects. Staff reported approximately $238 million in unmet retail/service demand and discussed strategies to retain local spending and support brick-and-mortar businesses.
The presentation also highlighted partnerships with Monterey Bay F.C., Retail Strategies, and See Monterey, as well as continued work on Campus Town, Main Gate, and the Seaside Grand Hyatt Hotel and Resort. Council discussion addressed water availability, retail recruitment, vacancy reduction, economic data, local business support, visitor dwell time, and development strategy.
Council direction was for the Economic Development Department to continue the activities presented while working with the Seaside Jobs Commission on a formal five-year economic development plan aligned with the General Plan. Public comment: None.
ACTION: RECEIVED; DIRECTION PROVIDED
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Thursday, September 3, 2026 City Council REGULAR Meeting Page 8 B. ADOPT A RESOLUTION AUTHORIZING THE SURPLUS OF A 2004 PIERCE
HAWK MODEL TYPE III FIRE ENGINE AND DONATION OF FIRE ENGINE
TO THE MONTEREY PENINSULA COLLEGE FIRE ACADEMY
Fire Chief Paul Blaha reported that the engine has served the City for more than two decades and was recently replaced. Donation to the Monterey Peninsula College Fire Academy will provide students with hands-on wildland firefighting and apparatus training while reducing City maintenance and future repair costs.
Public comment: None.
On motion by Council/Agency Member Garcia-Arrazola and second by Mayor Pro Tem/Vice Chair Pacheco and carried by the following roll vote, the City Council/Successor Agency moved to authorize the surplus of a 2004 Pierce Hawk Model Type III Fire Engine and donation of Fire Engine to the Monterey Peninsula College Fire Academy.
RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: None
ACTION: ADOPTED #26-89
10. COUNCIL MEMBER REQUESTS
A. NEW COUNCIL MEMBER REQUESTS
None.
B. FOLLOW UP ON PREVIOUS REQUESTS
The City Manager advised that a presentation on cannabis agreements would be provided at the September 17, 2026 City Council meeting in response to a previous request from Mayor Pro Tem Pacheco.
11. CITY ATTORNEY, CITY MANAGER, CITY COUNCIL AND MAYOR COMMENTS
AND REPORTS ON COMMITTEE ASSIGNMENTS
Reports provided.
12. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (d)(2)
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Thursday, September 3, 2026 City Council REGULAR Meeting Page 9 Two potential matters.
This item was removed from the agenda. No closed session was held.
13. ADJOURNMENT
With no further business, the meeting was adjourned at 9:29 p.m. The next regular meeting was announced for September 17, 2026 at 5:00 p.m.
Respectfully submitted,
____________________________ _________________________
Greg McDanel, Ex Officio City Clerk Ian N. Oglesby, Mayor Packet Page 15
CITY OF SEASIDE
STAFF REPORT
Item No.: 9.B.
TO: City Council
FROM: Greg McDanel, City Manager
BY: Dan Meewis, Assistant City Manager
DATE: September 17, 2026
SUBJECT: APPROVE PROCLAMATION RECOGNIZING OCTOBER 2026 AS
NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH IN
THE CITY OF SEASIDE
RECOMMENDATION
Approve a proclamation recognizing October 2026 as National Disability Employment Awareness Month in the City of Seaside.
BACKGROUND
The purpose of National Disability Employment Awareness Month is to educate the public about disability employment issues and celebrate the many and varied contributions of America's workers with disabilities. The 2026 theme, "Celebrating Value and Talent," recognizes the skills, talents, and contributions of workers with disabilities and their important role in workplaces, communities, and the nation’s economy.
The history of National Disability Employment Awareness Month traces back to 1945, when Congress enacted a law declaring the first week in October each year "National Employ the Physically Handicapped Week." In 1962, the word "physically" was removed to acknowledge the employment needs and contributions of individuals with all types of disabilities. In 1988, Congress expanded the observance from one week to a month and changed the name to National Disability Employment Awareness Month.
Today, National Disability Employment Awareness Month is observed each October to recognize the contributions of workers with disabilities and promote inclusive employment practices and equitable opportunities in the workplace. The observance encourages employers and communities to recognize the value and talent that individuals with disabilities bring to the workforce while continuing efforts to remove Packet Page 16
Item No. 9.B. Page 2 of 2
barriers to employment and workplace participation.
Recognizing National Disability Employment Awareness Month through an official proclamation demonstrates the City of Seaside’s commitment to fostering an inclusive community, promoting equal employment opportunities, and recognizing the talents and contributions of individuals with disabilities.
FISCAL IMPACT
None.
STRATEGIC PRIORITY
Community Safety & Quality of Life
ATTACHMENTS
1. Proclamation
Reviewed for Submission to the City Council by:
____________________________________
Greg McDanel, City Manager
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City of Seaside
PROCLAMATION
National Disability Employment Awareness Month
October 2026
WHEREAS, October 2026 is recognized as National Disability Employment Awareness Month, an annual observance celebrating the contributions of workers with disabilities and promoting inclusive employment practices; and
WHEREAS, the purpose of National Disability Employment Awareness Month is to educate the public about disability employment issues and celebrate the many and varied contributions of America's workers with disabilities; and
WHEREAS, the 2026 theme, “Celebrating Value and Talent,” recognizes the skills, talents, and contributions of workers with disabilities and their important role in workplaces, communities, and the nation’s economy; and
WHEREAS, the history of National Disability Employment Awareness Month traces back to 1945, when Congress enacted a law declaring the first week in October each year “National Employ the Physically Handicapped Week;” and
WHEREAS, in 1962, the word “physically” was removed to acknowledge the employment needs and contributions of individuals with all types of disabilities; and WHEREAS, in 1988, Congress expanded the observance from one week to a month and changed the name to National Disability Employment Awareness Month; and WHEREAS, National Disability Employment Awareness Month is observed each October to recognize the contributions of workers with disabilities, promote equitable opportunities in the workplace, and continue efforts to remove barriers to employment and workplace participation; and WHEREAS, the City of Seaside is committed to fostering an inclusive community, promoting equal employment opportunities, and recognizing the value and talent that individuals with disabilities bring to the workforce; and
WHEREAS, the City of Seaside encourages employers, schools, community organizations, and residents to recognize National Disability Employment Awareness Month through appropriate programs and activities that support access, opportunity, inclusion, and full participation for individuals with disabilities; and
NOW, THEREFORE BE IT PROCLAIMED, that I, The Honorable Ian N. Oglesby, Mayor of the City of Seaside, on behalf of the City Council, do hereby proclaim October 2026 as National Disability Employment Awareness Month in the City of Seaside and call upon our community to celebrate the value and talent of workers with disabilities and to advance inclusive and equitable employment opportunities for all.
____________________
Ian N. Oglesby, Mayor
September 17, 2026
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CITY OF SEASIDE
STAFF REPORT
Item No.: 9.C.
TO: City Council
FROM: Greg McDanel, City Manager
BY: Dan Meewis, Assistant City Manager
DATE: September 17, 2026
SUBJECT: APPROVE A PROCLAMATION RECOGNIZING THE MONTH OF OCTOBER 2026 AS NATIONAL BREAST CANCER AWARENESS
MONTH IN THE CITY OF SEASIDE
RECOMMENDATION
Approve a proclamation recognizing the Month of October 2026 as National Breast Cancer Awareness month in the City of Seaside.
BACKGROUND
National Breast Cancer Awareness Month is observed annually throughout October to raise awareness about breast cancer, promote the importance of early detection and screening, support those affected by the disease, and recognize survivors. The observance also honors the memory of those who have lost their lives to breast cancer and acknowledges the families, caregivers, healthcare professionals, and advocates who provide support to those impacted by the disease.
Breast cancer remains one of the most commonly diagnosed cancers in the United States. Early detection and advances in treatment have contributed to improved outcomes, making education about breast health, individual risk factors, and appropriate screenings an important component of breast cancer awareness and prevention efforts.
The City of Seaside is committed to promoting the health and wellness of its residents.
Recognizing National Breast Cancer Awareness Month provides an opportunity to encourage community members to become informed about breast cancer, understand their individual risk, consult with their healthcare providers regarding appropriate screenings, and support individuals and families affected by the disease.
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Throughout October, communities across the country participate in educational programs, awareness campaigns, fundraising activities, and other events designed to promote breast cancer awareness and support continued research. The pink ribbon has become a widely recognized symbol of breast cancer awareness and represents hope, strength, remembrance, and solidarity with those affected by breast cancer.
Recognizing October 2026 as National Breast Cancer Awareness Month through an official proclamation demonstrates the City of Seaside’s continued commitment to community health and wellness, raises awareness about the importance of early detection, and honors survivors, those currently undergoing treatment, and those whose lives have been lost to breast cancer.
FISCAL IMPACT
None.
STRATEGIC PRIORITY
Community Safety & Quality of Life
ATTACHMENTS
1. National Breast Cancer Awareness Month Proclamation
Reviewed for Submission to the City Council by:
____________________________________
Greg McDanel, City Manager
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CITY OF SEASIDE
PROCLAMATION
NATIONAL BREAST CANCER AWARENESS MONTH
October 2026
WHEREAS, National Breast Cancer Awareness Month is observed annually throughout October to raise awareness about breast cancer, promote the importance of early detection and screening, support those affected by the disease, and recognize survivors; and WHEREAS, this observance also honors the memory of those who have lost their lives to breast cancer and recognizes the families, caregivers, healthcare professionals, and advocates who support those impacted by the disease; and WHEREAS, breast cancer remains one of the most commonly diagnosed cancers in the United States, and early detection and advances in treatment have contributed to improved outcomes; and
WHEREAS, education about breast health, individual risk factors, and appropriate screenings is an important part of breast cancer awareness and prevention efforts; and WHEREAS, the City of Seaside is committed to promoting the health and wellness of its residents and encourages community members to become informed about breast cancer, understand their individual risk, and consult with their healthcare providers regarding appropriate screenings; and
WHEREAS, the pink ribbon is a widely recognized symbol of breast cancer awareness and represents hope, strength, remembrance, and solidarity with those affected by breast cancer.
THEREFORE, BE IT PROCLAIMED, that I, The Honorable Ian N. Oglesby, Mayor of the City of Seaside, on behalf of the City Council, do hereby proclaim October 2026 as National Breast Cancer Awareness Month, and encourage our community to promote awareness, early detection, support for individuals and families affected by breast cancer, and continued commitment to community health and wellness.
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Ian N. Oglesby, Mayor
September 17, 2026
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CITY OF SEASIDE
STAFF REPORT
Item No.: 9.D.
TO: City Council
FROM: Greg McDanel, City Manager
BY: Paul Blaha, Deputy Fire Chief
DATE: September 17, 2026
SUBJECT: APPROVE A PROCLAMATION RECOGNIZING OCTOBER 4-10, 2026, AS FIRE PREVENTION WEEK IN THE CITY OF SEASIDE
RECOMMENDATION
Approve proclamation.
BACKGROUND
Fire Prevention Week is the longest-running public health and safety observance on record in the United States. It is sponsored annually by the National Fire Protection Association (NFPA) and observed nationwide during the week of October 9 in commemoration of the Great Chicago Fire of 1871. Each year, NFPA selects a theme to raise awareness about specific fire safety practices. The 2026 theme,“Charge into Fire Safety: Safe Charging Is a Superpower,” focuses on the safe use and charging of lithium-ion batteries commonly found in cell phones, tablets, laptops, power tools, ebikes, scooters, and other everyday devices. The campaign encourages residents to use manufacturer-approved charging equipment, charge devices on hard, flat surfaces, and discontinue use of batteries or devices that show signs of overheating, swelling, smoke, or other damage.
The City of Seaside, through the Seaside Fire Department, actively participates in Fire Prevention Week by providing community outreach, school visits, and educational resources that promote fire safety and prevention. These activities strengthen public safety by reducing risks and encouraging preparedness among residents.
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professionals, and encourages residents to practice safe charging habits and take personal responsibility for fire prevention in their homes.
FISCAL IMPACT
None.
STRATEGIC PRIORITY
Community Safety & Quality of Life
ATTACHMENTS
1. 2026 Fire Prevention Week Proclamation
Reviewed for Submission to the City Council by:
____________________________________
Greg McDanel, City Manager
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City of Seaside
PROCLAMATION
Fire Prevention Week
Commemorative Observance
WHEREAS, the City of Seaside is committed to ensuring the safety and security of all those living in and visiting; and
WHEREAS, Fire Prevention Week is observed worldwide during the first full week of October, commemorating the historic Great Chicago Fire of 1871; and WHEREAS, the National Fire Protection Association (NFPA) has designated the 2026 theme as “Charge Into Fire Safety™: Safe Charging Is a Superpower,” focusing on the critical need for safe habits when using and charging lithium-ion battery-powered devices; and
WHEREAS, rechargeable lithium-ion batteries power many everyday items— including phones, tablets, e-bikes, scooters, and tools—and can pose a serious fire hazard if damaged, overcharged, or charged on soft, heat-trapping surfaces; and WHEREAS, public education, proper charging practices (such as using manufacturerapproved cords and hard, flat surfaces), and early warning awareness significantly reduce the risk of lithium-ion battery fires in our homes and community; WHEREAS, lithium-ion batteries store a large amount of energy in a small space, and improper use such as overcharging, using off-brand chargers without safety certification, or exposing batteries to damage can result in fire or explosion; and WHEREAS, the City of Seaside’s first responders are dedicated to reducing the occurrence of fires through prevention, safety education, and community outreach; and WHEREAS, the 2026 Fire Prevention Week theme, “Charge into Fire Safety: Safe Charging is a Superpower,” serves to remind us of the importance of using, charging, and recycling lithium-ion batteries safely to reduce the risk of fires in homes and communities.
NOW THEREFORE, BE IT PROCLAIMED, that I, The Honorable Ian N. Oglesby, Mayor of the City of Seaside, on behalf of the City Council, do hereby proclaim October 4-10, 2026, as Fire Prevention Week in the City of Seaside and urge all citizens to participate in fire prevention activities at home and in their communities, work together to keep our city safe from fire hazards, and continue supporting our dedicated first responders.
Ian N. Oglesby, Mayor
September 17, 2026
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CITY OF SEASIDE
STAFF REPORT
Item No.: 9.E.
TO: City Council
FROM: Greg McDanel, City Manager
BY: Dan Meewis, Assistant City Manager
Kee Hyon Higgins, Recreation Superintendent
DATE: September 17, 2026
SUBJECT: APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST OF $3,000.00 FROM MONTEREY CONDORS CLUB TO ASSIST WITH
THE COSTS ASSOCIATED WITH THEIR SOCCER PROGRAMS
RECOMMENDATION
Approve the request.
BACKGROUND
Monterey Condors Club is requesting a donation of $3,000.00 from the Mayor's Youth Fund to assist with the costs of their soccer programs with equipment, uniforms, coaching education, and scholarships for families with financial need. The Club is a nonprofit multisport club with the mission of becoming a pillar to the youth of Monterey County. They are dedicated to supporting the youth in achieving their goals by providing education and training through their athletic programs and clinics. Their athletic programs have a diverse group of athletes of all profiles, origin, age, gender and competitive levels. Their soccer programs promote skills development, teamwork, leadership, and a healthy lifestyle in a safe and inclusive environment. They provide affordable access for underserved families. The program offers uniforms, equipment, and field access. They ensure that all children, regardless of financial means, can participate in a safe, structured, and supportive environment.
The Club provides clearly marked recycling bins for plastic bottles, aluminum cans, and cardboard. They encourage the use of reusable water bottles, and educate their players and families on the importance of keeping parks and athletic fields clean. These efforts help reduce landfill waste, promote responsible environmental stewardship among Packet Page 25
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youth and support a cleaner, healthier community.
Monterey Condor Club provides a community benefit by promoting affordable youth sports, promoting leadership, teamwork, and healthy lifestyles and representing Seaside in regional soccer competitions. They also encourage volunteerism, community engagement, and safe recreational opportunities for youth. They rely on a variety of fundraising efforts and community partnerships to keep participation affordable for local families.
Based on the information provided in the application, the request meets the criteria for the Mayor’s Youth Fund Policy:
• The Monterey Condor Club is a non-profit organization in Seaside. • They serve 55% of Seaside youth ages 6–16.
• Their program contributes to environmental sustainability and climate resilience. • Their program has a municipal community benefit.
They received their last donation at the September 18, 2025, City Council meeting.
They submitted their 2025 Mayor's Youth Fund Closing Report within the 60-day time frame. Monterey Condors Club has received the Mayor's Youth Fund annually for their soccer programs since 2019.
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 of the Mayor's Youth Fund account (601-2106) is $53,879.79. If the City Council approves this request, the balance will decrease to $50.879.79. This is for fiscal year 2026/27.
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.
STRATEGIC PRIORITY
Diverse and Inclusive Community
ATTACHMENTS
1. MYF Monterey Condors Club 2026
2. 501 (c)(3) Monterey Condors Club
3. Mayor's Youth Fund Closing Report - Monterey Condors Club 2025 Packet Page 26
Item No. 9.E. Page 3 of 3
Reviewed for Submission to the City Council by:
____________________________________
Greg McDanel, City Manager
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CITY OF SEASIDE
STAFF REPORT
Item No.: 9.F.
TO: City Council
FROM: Greg McDanel, City Manager
BY: Dan Meewis, Assistant City Manager
Kee Hyon Higgins, Recreation Superintendent
DATE: September 17, 2026
SUBJECT: APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST OF $3,000.00 FROM SEASIDE POLICE ACTIVITIES LEAGUE TO
ASSIST WITH THE COSTS ASSOCIATED WITH EXPENSES
RELATED TO THEIR SPORTS PROGRAMS
RECOMMENDATION
Approve the request.
BACKGROUND
The Seaside Police Activities League is requesting a donation of $3,000.00 from the Mayor's Youth Fund to cover the costs associated with expenses related to their sports programs, including the purchase of new equipment, jerseys, tournament fees, insurance, referee and registration costs related to transportation. The Seaside Police Activities League is a juvenile crime prevention program designed to provide athletic, recreational, and educational opportunities for at-risk youth. Seaside PAL was incorporated in February 2001. It comprises Police Officers, volunteers, Police Personnel, and Recreation Staff who serve as coaches, mentors, instructors, and role models.
All funds and donations for Seaside P.A.L. are used solely for the purpose of providing the resources needed to continue upholding their mission. Seaside P.A.L.'s current activities include JR Giants Baseball, Youth Basketball, Youth Soccer, and youth leadership experience. The Seaside Police Department CHAMP Program also assists with the program. In 2016, the Seaside P.A.L. merged with the City of Seaside's Recreation Department to strengthen existing and future sports programs for Seaside youth.
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youth.
Seaside P.A.L. teaches them the importance of recycling. They provide reusable water bottles to their youth players. After each and every practice and game, the players remove all the trash and collect all the bottles and cans and place them in the appropriate recycling containers. This promotes a sense of community and responsibility. In addition, the uniforms that are used are good for every sport that P.A.L facilitates and could be used year after year. This practice is a sustainable componet which limits the number of uniforms that are only used for one activity.
Seaside P.A.L. provides a community benefit by promoting affordable youth sports, promoting leadership, teamwork, and healthy lifestyles and representing Seaside in regional competitions. They also encourage volunteerism, community engagement, and safe recreational opportunities for youth. Their fundraising activities include a silent action at their banquet and parking at Exotics on Broadway Car Show.
Based on the information provided in the application, the request meets the criteria for the Mayor’s Youth Fund Policy:
• Seaside P.A.L. is a non-profit organization in Seaside. • They serve 80% of Seaside youth ages 5–14.
• Their program contributes to environmental sustainability and climate resilience. • Their program has a municipal community benefit.
They received their last donation at the September 4, 2025, City Council meeting. They submitted their 2025 Mayor's Youth Fund Closing Report within the 60-day time frame.
Seaside P.A.L. has received the Mayor's Youth Fund annually for their programs since 2014.
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 of the Mayor's Youth Fund account (601-2106) is $50,879.79. If the City Council approves this request, the balance will decrease to $47.879.79. This is for fiscal year 2026/27.
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.
STRATEGIC PRIORITY
Diverse and Inclusive Community
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ATTACHMENTS
1. MYF Seaside PAL 2026
2. Seaside PAL 501(c)(3) information
3. Mayor's Youth Fund Closing Report - Seaside Police Activities League (PAL) 2025 Reviewed for Submission to the City Council by:
____________________________________
Greg McDanel, City Manager
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CITY OF SEASIDE
STAFF REPORT
Item No.: 9.G.
TO: City Council
FROM: Greg McDanel, City Manager
BY: Dan Meewis, Assistant City Manager
Kee Hyon Higgins, Recreation Superintendent
DATE: September 17, 2026
SUBJECT: APPROVE A FEE WAIVER REQUEST FROM NARCOTICS
ANONYMOUS FOR THE USE OF LAGUNA GRANDE HALL AND
KITCHEN FOR A WOMEN'S BRUNCH ON APRIL 10, 2027, IN
THE AMOUNT OF $562.50
RECOMMENDATION
Approve the request.
BACKGROUND
The Monterey County Area Narcotics Anonymous Women's Brunch Committee is requesting a fee waiver for use of the Laguna Grande Hall and Kitchen at the Oldemeyer Center for a Women's Brunch on Saturday, April 10, 2027. Their mission for the Women's Brunch is to introduce women new to recovery to Narcotics Anonymous for support, fun and fellowship. Their experience has been that women from all over the state will attend the brunch. Each member is asked to bring the women that they sponsor to the event. Many of the women that attend the event will stay over in Seaside and enjoy local restaurants and businesses.
Based on the information in the application, the request meets the following criteria for the Fee Waiver Request Policy:
• Narcotic Anonymous is a 501(c)(3) non-profit organization. • 60% of the members or participants reside in Seaside. • The organization does provide an in-kind service in the community for people in need.
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The last fee waiver submitted to the City Council for Narcotics Anonymous was approved on August 21, 2025, and the City Council has approved a fee waiver for the Women's Brunch annually since 2010. The organization will provide their own insurance.
FISCAL IMPACT
The approximate fees which are applicable to this request are:
Laguna Grande Hall & Kitchen Fee 10 hours at $56.25 $562.50 Non-Refundable Deposit $ 98.25
TOTAL $660.75
Should the City Council approve the request with the staff recommendation to waive all rental fees but require payment for the non-refundable deposit only, the fiscal impact is $562.50 out of account 100.3672.
STRATEGIC PRIORITY
Diverse and Inclusive Community
ATTACHMENTS
1. Narcotics Anonymous Fee Waiver (Women's Brunch) 2027
2. 501(c)(3) - Narcotics Anonymous
Reviewed for Submission to the City Council by:
____________________________________
Greg McDanel, City Manager
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CITY OF SEASIDE
STAFF REPORT
Item No.: 9.H.
TO: City Council
FROM: Greg McDanel, City Manager
BY: Dan Meewis, Assistant City Manager
Kee Hyon Higgins, Recreation Superintendent
DATE: September 17, 2026
SUBJECT: APPROVE A FEE WAIVER REQUEST FROM SEASIDE HIGH
SCHOOL FOR COSTS ASSOCIATED WITH THE ANNUAL
HOMECOMING PARADE ON OCTOBER 23, 2026, IN THE
AMOUNT OF $1,112.00
RECOMMENDATION
Approve the request.
BACKGROUND
Seaside High School is planning to hold their Annual Homecoming Parade on Friday, October 23, 2026, from 3:00 p.m. - 5:00 p.m. They will have five floats and eight vehicles for the different clubs in their parade. This will be a rolling road closure. The parade route is Seaside High School to Noche Buena Street to La Salle Avenue to Fremont Boulevard to Ord Grove Avenue to Noche Buena to Seaside High School (see attached map). A special event application was submitted for review by the special event committee. The committee did not have any questions or concerns about the application. Seaside High School did provide proof of insurance. The attached event application has information detailing the specifications for the Homecoming Parade.
The City Council has approved this request on an annual basis since 2013. The last fee waiver submitted to the City Council for Seaside High School was approved on August 7, 2025.
FISCAL IMPACT
The approximate fees that are being requested to be waived are:
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Special Event Application Fee: $138.00
Police Fees: 3 Officers for 2 Hours $616.00
Public Works Fee: $358.00
TOTAL $1,112.00
STRATEGIC PRIORITY
Diverse and Inclusive Community
ATTACHMENTS
1. SHS Homecoming Parade Fee Waiver and Special Event Application 2026
2. SHS Homecoming Parade - Route (Map) 2026
3. SHS Homecoming Parade - Proof of Insurance 2026
Reviewed for Submission to the City Council by:
____________________________________
Greg McDanel, City Manager
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CITY OF SEASIDE
STAFF REPORT
Item No.: 9.I.
TO: City Council
FROM: Greg McDanel, City Manager
BY: Dan Meewis, Assistant City Manager
Kee Hyon Higgins, Recreation Superintendent
DATE: September 17, 2026
SUBJECT: APPROVE A FEE WAIVER FROM SARANGSAM PRISON
MINISTRY FOR THE USE OF THE LAGUNA GRANDE HALL AND
KITCHEN FOR THEIR 8TH ANNUAL MUSIC FESTIVAL ON
OCTOBER 2, 2026, AND OCTOBER 3, 2026, IN THE AMOUNT OF
$3,894.00
RECOMMENDATION
Approve the fee waiver.
BACKGROUND
The Sarangsam Prison Ministry is a non-profit religious organization, and they are requesting a fee waiver to help cover the costs associated with their 8th Annual Music Festival. Their rehearsal is on Friday, October 2, 2026, from 2:00 p.m. to 10:00 p.m. and their free Music Festival is on Saturday, October 3, 2026, from 8:00 a.m. to 10:00 p.m. in the Laguna Grande Hall and Kitchen at the Oldemeyer Center. Their event will be for all ages and is open to the public. They will have classical music with a string ensemble, jazz, opera and folk music. The performers range from young students to elderly singers. This event is free and open to the public.
The Sarangsam Prison Ministry Korean band has been performing free of charge at some of the City of Seaside Recreation annual events since 2017. They have become staples for entertainment at the annual Mother's Day Luncheon and the Community Holiday Luncheon. Given their ongoing support to the recreation department, staff recommend that the fees be waived for the rental cost of the facility for their Music Festival.
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Based on the information in the application, the request meets the following criteria for the Fee Waiver Request Policy:
• The Sarangsam Prison Ministry is a 501(c)(3) non-profit organization. • 90% of members or participants reside in Seaside.
• The organization does provide an in-kind service in the community for people in need.
The last fee waiver request for Sarangsam Prison Ministry was approved at the May 15, 2025, City Council meeting. The City Council has approved this request on an annual basis since 2023.
FISCAL IMPACT
Should the City Council approve the request for a full fee waiver for the event, the approximate fiscal impact is as follows:
Laguna Grande Hall & Kitchen Fee 8 Hours @ $177.00 per hour (10/2/2026)
$1,416.00
Laguna Grande Hall & Kitchen Fee 14 Hours @ $177.00 per hour (10/3/2026)
$2,478.00
Insurance $ 87.00
Deposit Non-Refundable Portion $ 140.85
TOTAL $4,121.85
Should the City Council approve the request with the staff recommendation to waive all rental fees but require payment for the insurance and the non-refundable deposit only, the fiscal impact is $3,894.00.
STRATEGIC PRIORITY
Diverse and Inclusive Community
ATTACHMENTS
1. Sarangsam Prison Ministry - Fee Waiver 2026
2. Sarangsam Prison Ministry - 501(c)(3)
Reviewed for Submission to the City Council by:
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Greg McDanel, City Manager
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CITY OF SEASIDE
STAFF REPORT
Item No.: 9.J.
TO: City Council
FROM: Greg McDanel, City Manager
BY: Aaron Hahn, Junior Engineer
Patrick Grogan, Associate Engineer
Thomas Korman, Public Works Director/City Engineer
DATE: September 17, 2026
SUBJECT: APPROVE TAC RECOMMENDATION TO DENY PERMIT PARKING AT 1280 FREMONT
RECOMMENDATION
Approve TAC recommendation to keep the 2 hour parking at 1280 Fremont.
BACKGROUND
Staff received the TAC Request Application, dated June 28th 2026, from a business owner requesting permit parking or 4 hr. parking in front of her business at 1280 Fremont.
Textured Hair Care Academy is the business located at 1280 Fremont and is one of the 11 businesses on this block. Fremont Blvd is a two-way street, with a posted speed limit of 30 miles per hour (mph). Fremont runs North-South, is divided by a median and has parallel parking on both sides of the street. The street is approximately 90 feet wide, from face of curb to face of curb. Sidewalks measuring approximately 6 feet wide are present on this block.
The owner of Textured Hair Care Academy is requesting 2 spots to be designated as permit parking outside their business. They also expressed interest in 4-hour parking.
This academy focuses on teaching and building skills for braiding, locs, and textured hair care. The two requested parking spots would be located directly in front of the business along Fremont Blvd. Permit parking was requested due to the time that some appointments can take. The applicant noted that appointments can take up to 6 hours, with very few options for the clients to move their cars during that time. The applicant Packet Page 88
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also expressed that she would not like to remove the timed parking entirely, as that may allow residents to occupy that spot all day.
Currently, that block of Fremont, northbound from Harcourt Ave to Trinity Ave is designed as 2 hour parking, which was TAC recommended, and City Council approved in 2021. This was approved on the basis that the residents living in the apartments nearby tend to park in those spots all day and not allow any parking for the businesses.
Anitas Market, which is right next door, applied for and was granted green curb in front of their business in 2023.
The parking along the curb directly to the north will remain designated as 2-hour parking, and the curb directly to the south will remain designated as 20-minute parking.
The applicant requested two permit parking spaces in front of the business. A 38-foot curb segment is proposed to accommodate two 19-foot parking spaces. The permit parking area would begin immediately north of the existing 20-minute green curb serving Anita’s Market. The remaining 56 feet of curb north of the proposed permit parking area would retain its two-hour parking designation and could accommodate approximately two to three vehicles.
Pursuant to SMC Section 10.04.075, establishing the proposed permit parking area would require the City Council to adopt a resolution designating the 38-foot curb segment on Fremont Boulevard in front of Textured Hair Care Academy as permit parking. Once the resolution is adopted and authorized signs are installed, vehicles parked in the designated spaces would be required to display a valid permit pursuant to SMC Section 10.32.175.
The City would also need to establish procedures for issuing and administering the permits. This would likely fall on PD as they have the authority to enforce parking regulations. SMC 10.04.075 only allows for permit parking program that is issued and administered by the City. Seaside Municipal Code does not allow for private entities, businesses, or residents to restrict parking in the City right of way, via parking permits.
SMC 10.32.175 mentions that in order to enforce the parking permits, they are to be “Issued by the city”.
The applicant suggested establishing four-hour parking as an alternative to a permitparking program.
The Municipal Code does not currently provide for four-hour parking within the central traffic district. The business is located on Fremont Boulevard between Military Avenue and Portola Drive, within the central traffic district defined by SMC Section 10.04.050.
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Under SMC Section 10.32.010, posted parking within the district is limited to two hours between 8:00 a.m. and 6:00 p.m., except on Sundays and holidays.
To allow four-hour parking at designated locations within the central traffic district, the City would need to amend SMC Section 10.32.010 to authorize the City Council to establish different parking time limits by resolution.
For example: “Except where a different parking time limit has been established by resolution of the City Council and indicated by authorized signs, no person shall stop, stand, or park a vehicle within the central traffic district between 8:00 a.m. and 6:00 p.m. on any day, except Sundays and holidays, for longer than two hours.” This amendment would retain the two-hour limit as the general rule while allowing the City Council to designate four-hour parking at specific locations by resolution and authorized signage.
Staff recommended keeping the 2-hour parking in front of 1280 Fremont.
One of the business owners showed up and spoke on behalf of the business. They commented on how the parking time along Fremont in front of the business is not long enough, and that the clients cannot get up and move their vehicles during the appointments. He also mentioned that the parking in the rear of the building is regularly used illegally by others, but that he does not want to get those cars towed, as he does not want to put others in a hard spot. He also mentioned that he would not want the clients to park there as the back of the building is not as appealing as the front, and that first impressions matter. The clients would also need to walk either through the alley or through the car lot to access the front door.
The TAC had concerns regarding the possible outcomes if permitting was allowed. They spoke about other businesses getting permits, then there could be no street parking anywhere along the block without a permit. The administration of the permit was also seen as an issue. The TAC was not certain who would be responsible for administering the permits, and noted that it may be difficult for residents to identify where they can or cannot park along the block. The 4-hour parking option was discussed and was found to not be a good option. This would require an ordinance change and would still not fully satisfy the 6-hour parking needs of the client. It could also create a situation where someone who is not going to that business parks in that spot, blocking parking in that area for longer.
For these reasons, the TAC voted to recommend approval of the staff recommendation to keep the 2-hour parking as is.
FISCAL IMPACT
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Item No. 9.J. Page 4 of 4
There is no fiscal impact associated with this item.
STRATEGIC PRIORITY
Community Safety & Quality of Life
ATTACHMENTS
1. 1280 Fremont TAC Application
2. 1280 Fremont Photo Exhibit
3. SMC Excerpts
Reviewed for Submission to the City Council by:
____________________________________
Greg McDanel, City Manager
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APPLICATION FEE PER THE CURRENT ADOPTED FEE SCHEDULE
Traffic Advisory Committee
Request Application
The following information is required to process all Traffic Advisory Committee requests. This information will be used to contact the applicant should staff have questions or needs clarification on the request. This information will also appear in the staff report presented to the Traffic Advisory Committee and/or City Council.
The Traffic Advisory Committee meets the 3rd Tuesday of every month at 5:00 PM in the City of Seaside’s City Hall Conference room. This meeting is open to the public and applicants are encouraged to attend.
Name: Date:
Address: Phone:
Type of Request (check all that apply):
□ Parking Designations □ Crosswalk □ Curb Markings (White, Yellow, etc.) □ Warning Sign □ Traffic Signal/Stop Sign □ Signing/Striping □ Other ______________________________________________________________________
FEES WILL APPLY FOR PARKING AND CURB MARKING REQUESTS
Request:
Request Procedures are outlined on the back of this form. For any questions regarding the Traffic Advisory Committee (TAC) please contact 899-6825.
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TAC REQUEST PROCEDURE
The Traffic Advisory Committee (TAC) acts as an advisory board to the City Council per Chapter 2.37 of the Municipal Code. Recommendations made by the TAC are to be ratified by the City Council prior to implementation. The TAC consists of five members: a Council Member; Director of Public Works; Chief of Police; Director of Community Development; and the Fire Chief. The TAC reviews all requests for traffic safety regulatory or control devices, signs and markings, and conducts studies as well as offers recommendations to the City Council, Planning Commission or appropriate City department.
Upon submittal of a request, staff will place the request on the next available TAC agenda for a future scheduled meeting. All TAC’s action will be forwarded for City Council consideration at their next available scheduled meeting.
Fees
Fees will be collected prior to installation of any approved requests that directly benefits the applicant, such as limited timed parking, white zones, etc. Prior to any required maintenance of the improvement, the same fee will apply and be billed to the applicant. The following fees have been determined based upon the cost of staff time and material for installation:
Description Fee*
Marking curb – per curb (20’ maximum length) Per current adopted fee schedule Installation of one sign
* Fees subject to change per City Council approved fee schedule. Fee determined by date of application.
PLEASE COMPLETE FOR
PARKING AND CURB MARKING REQUESTS
TAC REQUEST
ACKNOWLEDGEMENT STATEMENT
I,_______________________________________________understand that should my request be approved by the Traffic Advisory Committee and City Council, I will be responsible for the fee prior to the installation of my request. I also understand that if approved by City Council the improvements will be reviewed annually or whenever deemed appropriate by the Public Works Department for any required maintenance and I will be charged the corresponding fee. _________________________________________ _______________________ Applicant Signature Date
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Fremont Photo Exhibit
Applicant Proposed Permit Parking Zone.
Approximate Proposed Sign Locations.
Proposed Sign Placement and Remaining Parking to the North.
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Ariel Picture and Dimensions of the Parking in the Rear Packet Page 95
10.04.050 Central traffic district.
The “central traffic district” shall consist of all streets and portions of streets within the area described as follows: Fremont Boulevard from the north side of the intersection of Military Avenue to the north side of the intersection of Portola Avenue; Del Monte Boulevard from the south city limit to the north city limit; Broadway from the east side of the intersection of Noche Buena Street to the west side of the intersection of Del Monte Boulevard; Palm Avenue from the west side of the intersection of Calaveras Street to the intersection of Del Monte Boulevard. (Ord. 1003A § 1(2), 2012; Ord. 17, 1955; prior code § 9-204)
10.04.075 Permit parking spaces on city-owned property.
The city council may establish, by resolution from time to time, permit parking spaces in the city off-street parking lots, streets or on other city-owned property. When authorized signs are in place giving notice thereof no person shall stop, stand or park a vehicle in any such space unless such person has displayed a valid, unexpired permit parking sticker.
The resolution shall set the yearly or bi-yearly charge for such permit parking and permit parking receipts derived from parking permits shall be credited to the administration of the parking permit program. (Ord. 1009 § 1(2), 2013)
10.32.010 Parking time limited in central traffic district.
When authorized signs are in place giving notice thereof, no person shall stop, stand, or park any vehicle within the central traffic district between the hours of eight a.m. and six p.m. of any day except Sundays and holidays for a period longer than two hours. (Ord. 1003A § 1(1), 2012; Ord. 17, 1955; prior code § 9-266) Packet Page 96
CITY OF SEASIDE
STAFF REPORT
Item No.: 9.K.
TO: City Council
FROM: Greg McDanel, City Manager
BY: Andreas Baer, Assistant Public Works Director
Kirstin van Gend, Administrative Analyst II
Thomas Korman, Public Works Director/City Engineer
DATE: September 17, 2026
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN OPTION AGREEMENT FOR EV CHARGING
SERVICES SITE LICENSE AT PARKING LOT 1 FOR THE PURPOSE
OF INSTALLING AND OPERATING DIRECT CURRENT FAST
CHARGING INFRASTRUCTURE
RECOMMENDATION
Approve the Option Agreement for Site Lease.
BACKGROUND
The City’s Climate Action and Adaptation Plan 2025 (CAAP 2025) includes the strategy to install a robust public EV charging network, ensuring 90% of residents live within a 5-minute drive of a charging station and including fast-charging stations in key areas.
California’s National Electric Vehicle Infrastructure (NEVI) Formula Program – Solicitation 6 is a competitive grant solicitation for the deployment of EV charging stations with publicly accessible, high-powered, direct current fast chargers (DCFCs) to support light-duty EV travel along major corridors in California. Applications for this funding are open and due October 16, 2026. EV chargers, eligible for funding, must be located at sites available to the public 24 hours a day, 7 days a week. NEVI grant funding is limited to 80% of eligible project cost and local governments are not eligible to apply to the NEVI solicitation. Thus, the City is working with a development partner, Citizen Energy, who will prepare and apply for the funding, and the City will serve as a host of DCFC infrastructure.
Citizen Energy will apply to the NEVI grant for the installation of a minimum of 4 DCFCs Packet Page 97
Item No. 9.K. Page 2 of 3
to be installed at Seaside's Parking Lot 1. Award of this funding will advance progress on achievement of the City’s CAAP 2025 EV charging strategy. Specifically, should funds be awarded, Citizen Energy will install, operate and maintain a minimum of 4 DCFCs including no less than one ADA accessible Charger at Parking Lot 1. This site was selected based on its ability to be competitive for award based on the solicitation’s criteria including project readiness, distance from Highway 1 exit and public availability 24 hours a day, 7 days a week, among others. Citizen Energy will provide all grant match requirements, including rebates committed from Central Coast Community Energy.
To demonstrate project readiness, it is necessary for the City to enter into an Option Agreement for Site Lease (Attachment) of spaces at Parking Lot 1 with Citizen Energy to include in the grant application. The parking locations to be leased would be at 490 Broadway Ave, Parking Lot 1, APN 011-302-002-000. Should the grant be successful, staff will return with a final lease to be approved by Council to facilitate installation of the 4 DCFC EV charging stations. Earlier this year, the City of Santa Cruz entered into a similar agreement with Citizen Energy who successfully applied and was awarded funding from Solicitation 3 of the NEVI grant to install and maintain DCFC.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:
The proposed Council action is categorically exempt from CEQA under the following:
• Class 1 Categorical Exemption (14 CCR 15301 for Existing Facilities) and Class 4 Categorical Exemption (14 CCR 15304 for Minor Alterations to Land) - The proposed Council action consists of approving an Option Agreement, where a developer would make minor alterations to public property to install DCFCs, involving negligible or no expansion of existing use of the public facilities. Project ground disturbance would occur within previously disturbed areas and is limited in scope.
• Common Sense Exemption (14 CCR 15061(b)(3)) – The proposed Council action is not subject to CEQA because it can be seen with certainty that the project will have no significant effect on the environment.
RECOMMENDATION
City staff are recommending that the Council approve the agreement in substantially the form as attached with authority granted to the City Attorney to make modifications consistent with the Council's direction.
FISCAL IMPACT
The option agreement itself will have no impact on the General Fund. If Citizens Energy is awarded the grant, a profit-sharing option can be negotiated in the final lease agreement which would positively benefit the General Fund.
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Item No. 9.K. Page 3 of 3
STRATEGIC PRIORITY
Enhanced Physical Infrastructure & Abundant Water Supply
ATTACHMENTS
1. Resolution
2. Preliminary Site Plan
3. EV Charging Option Agreement versoin for Council Approval Reviewed for Submission to the City Council by:
____________________________________
Greg McDanel, City Manager
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Meeting Date: 9/17/26
Item #: X.X.
RESOLUTION NO. 26-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN OPTION AGREEMENT FOR EV CHARGING SERVICES SITE LICENSE AT PARKING LOT 1 FOR THE
PURPOSE OF INSTALLING AND OPERATING DIRECT CURRENT FAST
CHARGING INFRASTRUCTURE
WHEREAS, the City’s Climate Action and Adaptation Plan 2025 (CAAP 2025) includes the strategy to install a robust public EV charging network, ensuring 90% of residents live within a 5-minute drive of a charging station and including fast-charging stations in key areas; and
WHEREAS, California’s National Electric Vehicle Infrastructure (NEVI) Formula Program – Solicitation 6 is a competitive grant solicitation for the deployment of EV charging stations with publicly accessible, high-powered, direct current fast chargers (DCFCs) to support light-duty EV travel along major corridors in California; and WHEREAS, local governments are not eligible to apply to the NEVI solicitation and the City is working with a development partner, Citizen Energy, who will prepare and apply for the funding, and the City will serve as a host of DCFC infrastructure; and WHEREAS, Parking Lot 1 is the selected site for 4 DCFC based on its ability to be competitive for award based on the solicitation’s criteria including project readiness, distance from Highway 1 exit and public availability 24 hours a day, 7 days a week, among others; and
WHEREAS, to demonstrate project readiness, it is necessary for the City to enter into an Option Agreement for Site Lease of spaces at Parking Lot 1 with Citizen Energy to include in the grant application; and
WHEREAS, the project is determined to be Categorical Exemption under Class 1 Categorical Exemption (14 CCR 15301 for Existing Facilities) and Class 4 Categorical Exemption (14 CCR 15304 for Minor Alterations to Land).
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby authorize the City Manager to execute an Option Agreement for EV Charging Services Site License at Parking Lot 1 for the purse of installing and operating Direct Current Fast Charging infrastructure with authority granted to the City Attorney to make modifications consistent with Council’s direction.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of Seaside duly held on the 17th day of September, 2026 by the following vote:
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-2
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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OPTION AGREEMENT FOR EV CHARGING SERVICES SITE LICENSE
THIS OPTION AGREEMENT FOR EV CHARGING SERVICES SITE LICENSE (this "Option Agreement") is made and entered into as of ______________, 2026 (the "Effective Date") by and between Citizen Energy, LLC (the "Developer") and City of Seaside (the "Owner").
WHEREAS, Owner owns certain real property located at 490 Broadway Ave, Seaside, CA 93955 (the "Property"); and
WHEREAS, Developer is applying for grant funding through the California Energy Commission (CEC) Solicitation GFO-25-603 (the "NEVI Grant") to install, own, and operate DCFC electric vehicle (EV) charging infrastructure; and
WHEREAS, Developer requires site control to satisfy the "Project Readiness" requirements of the NEVI Grant; and
WHEREAS, Owner desires to support the expansion of public EV charging and is willing to grant Developer an option to license a portion of the Property for such purposes under the terms set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties agree as follows.
1. Grant of Option.
Owner hereby grants to Developer the exclusive and irrevocable right and option (the "Option") to license a portion of the Property, as generally depicted in the Preliminary Site Plan attached hereto as Exhibit A (the "Premises"), for the purpose of constructing, installing, operating, and maintaining a NEVI-compliant EV charging station, subject to authorization of this Option Agreement by the Seaside City Council as described in Section 1.2 below. The exclusivity granted in this Section 1 applies solely to EV charging services on the Premises and shall not restrict Owner’s use of, or arrangements regarding, any other portion of the Property. Licensed portion of the property shall be less than ½ acre and not contiguous to land owned by the City for affordable housing or open space.
1.2 Council Authorization.
Notwithstanding anything herein to the contrary, this Option Agreement shall not be binding on Owner, and no obligation of Owner shall arise hereunder, unless and until it has been approved by resolution of the Seaside City Council in accordance with Government Code Section 37380 and any other applicable law.
2. Option Period.
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The term of this Option (the "Option Period") shall commence on the Effective Date and shall expire twenty four (24) months thereafter. Developer may request, and Owner may grant in its reasonable discretion, up to two (2) additional extensions of the Option Period of six (6) months each if Developer demonstrates that additional time is reasonably necessary to obtain a Notice of Proposed Award from the California Energy Commission under the NEVI Grant.
3. Exercise of Option.
Developer may exercise the Option at any time during the Option Period, by written notice of exercise to Owner (the "Notice of Exercise"). Owner and Developer shall execute a "Site License Agreement" within thirty (30) days of Developer delivering a Notice of Exercise. The exercise of this Option is expressly contingent upon Developer receiving a "Notice of Proposed Award" (NOPA) from the California Energy Commission under NEVI Grant GFO-25-603 and the Due Diligence provisions set forth in Section 4. The Site License Agreement shall have a term of no less than ten (10) years, and no greater than 15 years including all lease extensions. The Site License Agreement shall require Developer to pay Owner a license fee accounting for the Developer’s investment in the project and the forecasted demand for and utilization of the EV charging station, which the parties shall negotiate in good faith prior to execution and which may consist of a fixed annual fee, a share of gross EV charging revenue, or a combination of both; provided that Owner may require an independent appraisal to establish a minimum fee floor consistent with Government Code Section 37380.
4. Right of Entry and Due Diligence.
During the Option Period, Developer and its agents, contractors, and consultants shall have the right to enter the Property at reasonable times and upon Owner’s prior written consent to perform "Due Diligence Activities," including but not limited to design, surveying, engineering, utility feasibility, and environmental assessments. Prior to any entry onto the Property, Developer shall furnish Owner with a certificate of insurance evidencing (i) commercial general liability insurance with limits of not less than $2,000,000 per occurrence, naming Owner, its officers, agents, and employees as additional insureds; (ii) automobile liability insurance with limits of not less than $1,000,000 per accident; and (iii) workers’ compensation insurance as required by California law.
Developer shall comply with all onsite health and safety requirements from Owner during such entry. Upon reasonable advance notice to Owner, Developer shall have access during normal business hours to any and all historic documents, drawings, plans, correspondence, and memoranda in the possession or control of Owner which relate to the Property and which may be needed for regulatory planning, permitting, utility, or general design purposes. During the Option Period, Owner and its agents, contractors, and consultants shall confirm that the license proposed by Developer is consistent with all existing utility capacities and easement locations. Developer shall, at its sole cost, restore the Property to substantially the condition existing prior to any Due Diligence Activities promptly upon completion of such activities or upon expiration or termination of this Option Agreement, whichever occurs first.
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5. Representations, Warranties and Covenants.
Owner represents and warrants to Developer that it owns the Property. Owner further represents and warrants to Developer that Owner and each person signing this Option Agreement on behalf of Owner has the full and unrestricted power and authority to execute and deliver this Option Agreement and grant the interests herein granted. Owner also represents that, upon and/or in connection with the exercise of the Option by Developer, Owner will obtain any necessary consents and/or subordination agreements from any lienholders and any and all tenants having a possessory interest in the Property at the time the Option is exercised. Additionally, Owner represents and warrants to Developer that as of the date hereof: (i) no third party has any option or right to purchase, lease, license, or otherwise occupy or use all or any part of the Property to perform EV charging services; (ii) Owner has not received any written notice of any pending eminent domain proceedings or other governmental actions or any judicial actions of any kind against Owner’s interest in the Property; and (iii) Owner has not received written notice that it is in violation of any governmental law or regulation applicable to its interest in the Property or its operation thereon, including, without limitation, any environmental laws and has no reason to believe that there are grounds for any claim of any such violation.
6. Indemnification.
Developer agrees to indemnify and hold harmless Owner, its officers, agents and employees from all liability, loss, claim, damage, cost and expense arising from or relating to Developer’s entry onto the Property, its Due Diligence Activities under Section 4, or the negligent acts or omissions or willful misconduct of Developer, its contractors or representatives, except to the extent such property damage, personal injury or death results from the gross negligence or willful misconduct of Owner, its contractors, employees or representatives. The foregoing indemnity provision shall survive the exercise of the Option or the termination of this Option Agreement for a period of three (3) years and shall thereafter terminate and expire.
7. Termination.
Either party may terminate this Option Agreement if the Developer fails to receive a "Notice of Proposed Award" (NOPA) from the California Energy Commission under the NEVI Grant. This Option Agreement is also contingent upon both parties’ satisfaction of their due diligence investigations, as further specified in Section 4. If, in either party’s sole and absolute discretion, the results of such investigations are inconsistent with a Site License Agreement, either party may terminate this Agreement by providing written notice to the other prior to the expiration of the Option Period.
Owner may also terminate this Option Agreement prior to Developer’s exercise of the Option upon ninety (90) days’ prior written notice to Developer if Owner’s City Council determines, in the exercise of its legislative discretion, that the Property is needed for a public purpose inconsistent with the Option; provided that Owner shall reimburse Developer for reasonable, documented outof-pocket third-party due diligence costs incurred prior to such notice, not to exceed $5,000. Any Packet Page 105
material breach of this Option Agreement that remains uncured for thirty (30) days after written notice specifying the breach shall constitute a default, entitling the non-breaching party to terminate this Option Agreement and pursue all remedies available at law or in equity, subject to Section 17.
8. Effect of Option Agreement; Interest in Real Property.
The parties intend that the Option Agreement create a valid and present interest in the Property in favor of Developer. Therefore, this Option Agreement shall be deemed an interest in and encumbrance upon the Property and shall be binding upon the Property and Owner and its successors and assigns and shall inure to the benefit of Developer and its successors and assigns.
Owner covenants and agrees that during the Option Period, Owner shall not convey the Property or any interest therein or permit any lien or encumbrance to attach to the Property unless the transferee or lien holder, as the case may be, shall agree, in writing, to be bound by this Option Agreement. Owner shall also protect and defend Developer’s interest in the Property and its rights and benefits under this Option Agreement. Promptly following the Effective Date, upon Owner’s request the parties shall execute, and Developer may record, a Memorandum of Option in a form reasonably acceptable to Owner, in lieu of recording this Option Agreement in its entirety. If this Option Agreement expires or is terminated without exercise, Developer shall, within fifteen (15) days of such expiration or termination, execute and record a quitclaim or release of any recorded Memorandum of Option and provide Owner with a recorded copy.
9. Property Improvements.
During the Option Period, Owner shall notify Developer of any proposed improvements on the Property and shall work with Developer to minimize the impact of such improvements to the proposed EV charging infrastructure and services.
10. Development Plan Review.
The Owner shall have the right to review, comment on, and approve of any development plan prior to construction. No development may occur prior to the Owners final approval of the development.
Development review shall include, but not be limited to environmental plans and permitting, EV charging infrastructure layout, EV charging infrastructure materials and equipment selection, ADA accessibility improvements, signage, and local codes and ordinances. All development shall follow codes, ordinances, and standards applicable at the site including city standard details. All development shall be subject to local Building Dept. review, and subject to standard development fees and expenses. Developer shall be solely responsible, at its sole cost, for compliance with the California Environmental Quality Act (CEQA) and for obtaining any environmental clearance required prior to construction. The Site License Agreement shall require Developer, at the expiration or earlier termination of the Site License Agreement, to remove all EV charging equipment and improvements and restore the Premises to a condition reasonably satisfactory to Owner, unless Owner elects in writing to retain any such improvements.
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11. Assignment.
Developer shall at all times have the right to sell, assign, encumber, or transfer all or any part of its rights and interests under this Option Agreement without Owner’s consent; provided, however, that the term of any such transfer shall not extend beyond the Option Period and that any and all such transfers shall be expressly made subject to all of the terms, covenants and conditions of this Option Agreement. Developer shall provide Owner prior notice of any proposed assignment and notice after any assignment is made.
12. No Waiver.
No waiver of any right under this Option Agreement shall be effective for any purpose unless it is in writing and is signed by the party hereto possessing the right, nor shall any such waiver be construed to be a waiver of any subsequent right, term or provision of this Option Agreement.
13. Confidentiality.
Owner shall maintain in the strictest confidence, for the sole benefit of Developer, Developer’s site design and product design, methods of operation and methods of construction and power production or availability of the Developer’s project, and, without written permission from Developer, unless otherwise required by law, including the California Public Records Act (Government Code Section 7920.000 et seq.), Owner shall not share such confidential information to any person or in any form. Developer acknowledges that Owner is a public agency subject to the California Public Records Act and that Owner’s compliance with a valid Public Records Act request shall not constitute a breach of this Section 13. Developer shall likewise maintain in confidence, and shall not disclose to any third party without Owner’s prior written consent, any non-public records, data, or information Owner provides to Developer under Section 4, except as required by law.
14. Relationship of Parties.
The duties, obligations and liabilities of each of the parties are not joint or collective. This Option Agreement shall not be interpreted or construed to create an association, joint venture, fiduciary relationship or partnership between Owner and Developer or to impose any partnership obligation or liability or any trust or agency obligation or relationship upon either party. Owner and Developer shall not have any right, power, or authority to enter into any agreement or undertaking for, or act on behalf of, or to act or be an agent or representative of, or to otherwise bind, the other party.
15. No Representation.
Developer makes no representation or warranty as to the likelihood that it will exercise the Option or as to the suitability of the Property for development of EV charging infrastructure and services project.
16. Partial Invalidity.
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Should any term or provision of this Option Agreement, or the application thereof to any person or circumstance, to any extent, be invalid or unenforceable, the remainder of this Option Agreement or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be effected thereby, and each remaining term and provision of this Option Agreement shall be valid and enforceable to the fullest extent permitted by law.
17. Attorneys’ Fees.
The prevailing party in any action or proceeding for the enforcement, protection, or establishment of any right or remedy under this Option Agreement or for the interpretation of this Option Agreement shall be entitled to recover its reasonable attorneys’ fees and costs in connection with such action or proceeding from the non-prevailing party.
18. Governing Law.
The terms and provisions of this Option Agreement shall be interpreted in accordance with the laws of the State of California applicable to contracts made and to be performed within such State and without reference to the choice of law principles of such State or any other state.
19. Possessory Interest Tax Notice.
Pursuant to Revenue and Taxation Code Section 107.6, Developer is hereby notified that a possessory interest in real property may be created by this Option Agreement and/or the Site License Agreement, and that the party in whom the possessory interest is vested may be subject to the payment of property taxes levied on such interest. Developer shall be solely responsible for any possessory interest taxes assessed against its interest under this Option Agreement or the Site License Agreement.
20. Public Land Use and Environmental Compliance.
The parties acknowledge that Owner’s ability to enter into the Site License Agreement may be subject to the Surplus Land Act (Government Code Section 54220 et seq.) to the extent applicable, and Owner shall make any findings or declarations required to establish an exemption, or shall otherwise comply with the Surplus Land Act, prior to executing the Site License Agreement.
Nothing in this Option Agreement shall be construed as a final land use approval; all development remains subject to Section 10 and applicable state and local law.
21. Prevailing Wage and Public Works Compliance.
To the extent construction, alteration, installation, or repair work performed on the Premises under the Site License Agreement constitutes a "public work" under Labor Code Section 1720 et seq. (including by reason of Developer’s receipt of NEVI Grant funds), Developer shall comply, and shall require its contractors to comply, with all applicable prevailing wage and public works Packet Page 108
requirements, and shall indemnify Owner for any liability, penalty, or assessment arising from Developer’s or its contractors’ failure to do so.
22. Entire Agreement.
This Option Agreement, together with its attached exhibits, contains the entire agreement between the parties hereto with respect to the subject matter hereof and any prior agreements, discussions or understandings, written or oral, are superseded by this Option Agreement and shall be of no force or effect. No addition or modification of any term or provision of this Option Agreement shall be effective unless set forth in writing and signed by each of the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Option Agreement as of the Effective Date first written above.
OWNER:
CITY OF SEASIDE, a California general law city
By: _______________________________
Name: _____________________________
Title: ______________________________
Date: ______________________________
DEVELOPER:
CITIZEN ENERGY, LLC
By: _______________________________
Name: _____________________________
Title: ______________________________
Date: ______________________________
Attachments: Exhibit A – Preliminary Site Plan;
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CITY OF SEASIDE
STAFF REPORT
Item No.: 9.L.
TO: City Council
FROM: Greg McDanel, City Manager
BY: Dan Meewis, Assistant City Manager
Kee Hyon Higgins, Recreation Superintendent
DATE: September 17, 2026
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH MONTEREY PENINSULA
UNIFIED SCHOOL DISTRICT FOR STAFFING AT THE AFTERSCHOOL RECREATION PROGRAMMING AT THE DUAL
LANGUAGE ACADEMY OF THE MONTEREY PENINSULA DURING
THE 2026-27 SCHOOL YEAR
RECOMMENDATION
Approve the agreement.
BACKGROUND
The City of Seaside Recreation Department wishes to continue its partnership with the Monterey Peninsula Unified School District (MPUSD) in support of after-school recreational and enrichment programming at the Dual Language Academy of the Monterey Peninsula (DLAMP). Following the City's first year of providing programming at DLAMP, the City and MPUSD propose continuing their collaboration for the 2026–27 school year through a staffing partnership that supports both after-school programming and workforce development opportunities for local high school students.
The City of Seaside Recreation Department provides recreational and enrichment opportunities for youth throughout the community, including sports, arts and enrichment activities, youth engagement, and other structured recreational programming. The partnership with MPUSD extends these services to DLAMP while also creating an opportunity for high school students recommended by MPUSD to gain meaningful work experience, leadership skills, and career readiness experience.
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Item No. 9.L. Page 2 of 3
Under the proposed agreement, the City will recruit, hire, train, schedule, and supervise high school student employees recommended by MPUSD to assist with after-school recreational and enrichment programming at DLAMP. Student employees may assist with youth engagement activities, recreation and sports programming, arts and enrichment activities, classroom and activity support, program set-up and clean-up, and mentorship and leadership development activities.
The City will coordinate with MPUSD and DLAMP administration regarding staffing needs and will hire participating students in accordance with City employment policies and procedures. The Recreation Department will provide training related to workplace expectations, youth engagement, recreation programming, and safety procedures.
Qualified City staff will supervise the student employees during scheduled shifts and program activities and will monitor employee attendance, performance, and conduct.
The City will also develop work schedules based on program needs and student availability, coordinate with DLAMP administration regarding program schedules and campus access, and maintain the payroll and time sheet records necessary to document student employee hours.
MPUSD will identify and recommend eligible high school students for participation in the program and will assist with communication and coordination as necessary. MPUSD will reimburse the City for wages associated with student employees hired under the agreement at a rate of $20.00 per hour. The agreement anticipates that each student will work approximately 10 hours per week, with a maximum of four student employees participating in the program.
Based on the staffing levels identified in the agreement, the estimated reimbursement to the City is $3,200 per month, with an estimated total cost of $28,000 for the 2026–27 school year. MPUSD will make payments upon receipt of invoices and supporting payroll documentation provided by the City.
The agreement will be effective for the 2026–27 school year, beginning on the first day of programming and concluding on the last instructional day of the school year. The agreement may be renewed annually upon mutual consent of both parties.
The Recreation Department will serve as the lead agency for managing program operations. City staff and MPUSD will maintain regular communication regarding program effectiveness, staffing needs, student participation, scheduling, and operational issues. Program outcomes and operational effectiveness may also be reviewed periodically throughout the school year.
This agreement formalizes the continued collaboration between the City and MPUSD by supporting after-school recreational programming at DLAMP while providing participating high school students with paid employment, practical work experience, Packet Page 111
Item No. 9.L. Page 3 of 3
leadership development, and career readiness opportunities.
FISCAL IMPACT
Under the proposed agreement, MPUSD will reimburse the City for wages associated with student employees at a rate of $20.00 per hour. Based on up to four student employees working approximately 10 hours per week, the agreement estimates reimbursement at $3,200 per month and $28,000 for the 2026–27 school year.
Payments will be made to the City upon submission of invoices and supporting payroll documentation. Program revenues and corresponding expenditures will be accounted for within the Recreation Department budget in accordance with the adopted Fiscal Year 2026–27 budget.
STRATEGIC PRIORITY
Diverse and Inclusive Community, Community Safety & Quality of Life
ATTACHMENTS
1. DLAMP Staff Reso 2026
2. DLAMP Employee SOW 2026
Reviewed for Submission to the City Council by:
____________________________________
Greg McDanel, City Manager
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Meeting Date: 09/17/26
Item #: X.X.
RESOLUTION NO. 26-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
MONTEREY PENINSULA UNIFIED SCHOOL DISTRICT FOR STAFFING AT THE
AFTER-SCHOOL RECREATION PROGRAMMING AT THE DUAL LANGUAGE ACADEMY OF THE MONTEREY PENINSULA DURING THE 2026–27 SCHOOL YEAR
WHEREAS, the City of Seaside Recreation Department provides youth development, recreation, enrichment, and other programs and services for the benefit of youth in the community; and
WHEREAS, the City of Seaside and Monterey Peninsula Unified School District (MPUSD) desire to continue their partnership in support of after-school recreational and enrichment programming at the Dual Language Academy of the Monterey Peninsula (DLAMP) during the 2026–27 school year; and
WHEREAS, the proposed agreement establishes a staffing partnership through which the City will recruit, hire, train, schedule, and supervise high school student employees recommended by MPUSD to assist with after-school recreational and enrichment programming at DLAMP; and
WHEREAS, participating student employees may assist with youth engagement activities, recreation and sports programming, arts and enrichment activities, classroom and activity support, program set-up and clean-up, and mentorship and leadership development activities; and
WHEREAS, the staffing partnership is intended to support after-school programming at DLAMP while providing participating high school students with meaningful employment, leadership development, and career readiness opportunities; and WHEREAS, under the proposed agreement, MPUSD will reimburse the City for wages associated with student employees hired for the program at a rate of $20.00 per hour, with each student anticipated to work approximately 10 hours per week and a maximum of four student employees participating in the program; and WHEREAS, based on the anticipated staffing levels, the agreement provides for an estimated reimbursement of $3,200 per month and $28,000 for the 2026–27 school year, with payments made upon receipt of invoices and supporting payroll documentation provided by the City; and
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WHEREAS, the City of Seaside Recreation Department will serve as the lead agency in managing program operations and will coordinate with MPUSD and DLAMP administration regarding staffing needs, scheduling, campus access, student participation, and other operational matters; and
WHEREAS, the agreement will be effective for the 2026–27 school year, beginning on the first day of programming and concluding on the last instructional day of the school year, and may be renewed annually upon mutual consent of the parties; and WHEREAS, the City Council finds that entering into the agreement is mutually beneficial to the City and MPUSD and supports youth development, workforce readiness, and continued after-school recreational programming at DLAMP.
NOW THEREFORE, BE IT RESOLVED, in accordance with the City’s policies and the Agreement with the City and MPUSD enter into this agreement.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 17th day of September 2026 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique L. Davis, City Clerk
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RECREATION DEPARTMENT
986 Hilby Avenue Telephone 831-899-6800
Seaside, CA 93955 Fax 831-899-6274
www.ci.seaside.ca.us
Include, Innovate, Inspire
Scope of Work
Staffing Partnership Agreement
between the City of Seaside Recreation Department and
Monterey Peninsula Unified School District (MPUSD)
I. Purpose
This Scope of Work outlines the responsibilities, terms, and expectations for a staffing partnership between the City of Seaside Recreation Department and the Monterey Peninsula Unified School District (MPUSD) to support after-school and youth programming at the Dual Language Academy of the Monterey Peninsula (DLAMP).
The purpose of this agreement is to establish a collaborative workforce development opportunity through the hiring, training, and supervision of high school students recommended by MPUSD to assist with youth programming and recreational activities at DLAMP.
II. Program Description
The City of Seaside Recreation Department will recruit, hire, train, schedule, and supervise high school student employees recommended by MPUSD to support after-school recreational and enrichment programming at DLAMP.
Student staff may assist with:
• Youth engagement activities
• Recreation and sports programming
• Arts and enrichment activities
• Classroom and activity support
• Program set-up and clean-up
• Mentorship and leadership development activities
The program is intended to provide meaningful work experience, leadership development, and career readiness opportunities for participating students while supporting high-quality after-school programming services.
III. Responsibilities of the City of Seaside Recreation Department
1. Recruitment and Hiring:
o Coordinate with MPUSD and DLAMP administration regarding staffing needs. o Hire high school students recommended by MPUSD in accordance with City employment policies and procedures.
o Ensure all required employment documentation and onboarding requirements are completed prior to assignment.
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2. Training and Supervision:
o Provide training related to workplace expectations, youth engagement, recreation programming, and safety procedures.
o Assign qualified City staff to supervise student employees during all scheduled shifts and program activities.
o Monitor attendance, performance, and conduct of all student employees.
3. Scheduling and Program Coordination:
o Develop work schedules aligned with program operational needs and student availability. o Coordinate with DLAMP administration regarding program schedules, campus access, and staffing support needs.
o Maintain accurate payroll and timesheet records for all student employees
4. Workplace Safety and Compliance
o Ensure all activities are conducted in compliance with applicable City policies, labor regulations, and safety standards.
o Provide a safe and supportive work environment for participating students IV. Responsibilities of MPUSD
1. Student Recommendations:
o Identify and recommend eligible high school students for participation in the program. o Encourage student participation and support communication with families as needed.
2. Financial Reimbursement:
o Reimburse the City of Seaside for wages associated with student employees hired for the program at a rate of $20.00 per hour.
1. Students would work 10 hours a week
2. Maximum of 4 Students Hired for Program
3. Total monthly cost would be: $3,200, with the yearly cost at $28,000. o Payments shall be made upon receipt of invoices and supporting payroll documentation provided by the City
3. Coordination and Support:
o Collaborate with the City to address operational issues, scheduling needs, or student concerns.
o Assist with coordination between participating schools and program staff as necessary V. Term of Agreement
• This agreement will be effective for the 2026–2027 school year, beginning on the first day of programming and concluding on the last instructional day of the school year. • The agreement may be renewed annually upon mutual consent of both parties.
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VI. Program Oversight and Evaluation
• The City of Seaside’s Recreation Department will serve as the lead agency in managing program operations.
• Both parties agree to maintain regular communication regarding program effectiveness, staffing needs, and student participation.
• Program outcomes and operational effectiveness may be reviewed periodically throughout the school year.
VII. Agreement Summary
This partnership supports the continued collaboration between the City of Seaside Recreation Department and MPUSD by creating meaningful employment opportunities for local high school students while strengthening after-school programming services at DLAMP. The agreement reflects a shared commitment to youth development, workforce readiness, and community engagement.
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CITY OF SEASIDE
STAFF REPORT
Item No.: 9.M.
TO: City Council
FROM: Greg McDanel, City Manager
BY: Dan Meewis, Assistant City Manager
DATE: September 17, 2026
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CLOSURE OF
BROADWAY AVENUE FROM ALHAMBRA TO CALAVERAS STREET
FOR THE SEASIDE STARS 5TH ANNUAL UNVEILING EVENT ON
SATURDAY, OCTOBER 10, 2026
RECOMMENDATION
Adopt a resolution authorizing the street closure for the Seaside Stars unveiling event.
BACKGROUND
The City of Seaside will be hosting its fifth annual "Seaside Stars" unveiling ceremony on Saturday, October 10, 2026. The "Seaside Stars" program is a way that the City of Seaside can honor members of the Seaside Community who have contributed to the betterment of the City with a "Star" on Broadway. There are a variety of different categories that honorees could fall into, such as: Outstanding Achievement, Community & Social Equality, Journalism & Literature, Athletics & Competition, Education, Arts & Performing Media, Government & Civics, and Environment & Conservation.
The closure of Broadway Avenue from Alhambra to Calaveras Street will provide an event space for the public and honorees to move safely and freely to view all the new stars that will be installed to honor the community. The proposed road closure will be from 10 a.m. – 3 p.m.
FISCAL IMPACT
The project has been budgeted in FY 26/27.
STRATEGIC PRIORITY
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Item No. 9.M. Page 2 of 2
Vibrant Local Economy, Diverse and Inclusive Community
ATTACHMENTS
1. Stars Roas closure 2026
Reviewed for Submission to the City Council by:
____________________________________
Greg McDanel, City Manager
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Meeting Date: 9/17/26
Item #: 9.M.
RESOLUTION NO. 26-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE
AUTHORIZING THE CLOSURE OF BROADWAY AVENUE FROM ALHAMBRA TO CALAVERAS STREETS FOR THE SEASIDE STARS 5TH ANNUAL UNVEILING EVENT ON SATURDAY, OCTOBER 10, 2026
WHEREAS, The City of Seaside will be holding their second annual Seaside Stars Unveiling event that is open to the public; and
WHEREAS, the closure of Broadway Avenue from Alhambra Street to Calaveras Street is necessary between the hours of 10:00 a.m. and 3:00 p.m. on Saturday, October 10, 2026, to ensure the safety of the public;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside hereby approves the closure of Broadway Avenue from Alhambra Street to Calaveras Street is necessary between the hours of 10:00 a.m. and 3:00 p.m. on Saturday, October 10, 2026, to ensure the safety of the public PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 17th day of September 2026, 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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CITY OF SEASIDE
STAFF REPORT
Item No.: 9.N.
TO: City Council
FROM: Greg McDanel, City Manager
BY: Paul Blaha, Deputy Fire Chief
DATE: September 17, 2026
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CLOSURE OF
YOSEMITE STREET, BETWEEN BROADWAY AVENUE AND
MENDOCINO STREET, ON OCTOBER 3, 2026 FOR SEASIDE FIRE
DEPARTMENT'S ANNUAL COMMUNITY PUBLIC EDUCATION
OPEN HOUSE
RECOMMENDATION
Adopt a resolution approving closure of Yosemite Street, between Broadway Avenue and Mendocino Street on October 3, 2026, from 7:00 a.m. - 4:00 p.m. for the Fire Department's annual public education open house.
BACKGROUND
Every year, the Seaside Fire Department has a community open house to allow the public to interact with firefighters, learn fire prevention safety tips, witness fire safety and rescue demonstrations and see various firefighting apparatus and equipment.
Educational events are hosted by cities and fire departments throughout the United States.
The National Fire Protection Association (NFPA) has announced that fire prevention week will be celebrating its 104th anniversary. According to NFPA, Fire Prevention Week is the longest-running US public health observance on record.
It is necessary to close a portion of Yosemite Street between Broadway Avenue and Mendocino Street, so fire apparatus can be out for display, and various community vendors can set up educational tables. The neighbors are informed weeks in advance by delivering a letter to each home that may be impacted.
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A street closure resolution and proclamation are a part of the September 17, 2026, City Council agenda.
This year the theme for this event will be "Charge into Fire Safety: Safe Charging is a Superpower”.
FISCAL IMPACT
Fiscal Impact is approximately $6,000.00.
STRATEGIC PRIORITY
Community Safety & Quality of Life
ATTACHMENTS
1. Resolution
2. 2026 Open House Road Closure Letter
Reviewed for Submission to the City Council by:
____________________________________
Greg McDanel, City Manager
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Meeting Date: 9/17/26
Item #: 9.N.
RESOLUTION NO. 26-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE
AUTHORIZING THE CLOSURE OF YOSEMITE STREET, BETWEEN
BROADWAY AVENUE AND MENDOCINO STREET, FOR THE SEASIDE FIRE DEPARTMENT OPEN HOUSE ON SATURDAY, OCTOBER 3, 2026.
WHEREAS, the City of Seaside will be holding their annual Fire Department Open House that is open to the public; and
WHEREAS, the closure of Yosemite Street between Broadway Avenue and Mendocino Street, is necessary between the hours of 7:00 a.m. and 4:00 p.m. on Saturday, October 3, 2026, to ensure the safety of the public.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside does hereby approve the closure of Yosemite Street, between Broadway Avenue and Mendocino Street, between the hours of 7:00 a.m. and 4:00 p.m. on Saturday, October 3, 2026, to ensure the safety of the public.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 17th day of September 2026, 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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CITY OF SEASIDE
STAFF REPORT
Item No.: 9.O.
TO: City Council
FROM: Greg McDanel, City Manager
BY: Thomas Korman, Public Works Director/City Engineer
DATE: September 17, 2026
SUBJECT: ADOPT A RESOLUTION APPROVING THE SPECIFICATIONS FOR THE TREE MAINTENANCE ON-CALL CONTRACT; AWARDING
CONSTRUCTION CONTRACTS TO THE THREE LOWEST
RESPONSIVE, RESPONSIBLE BIDDERS, WEST COAST
ARBORISTS, INC., TOPE'S TREE SERVICE, INC., AND DAVEY
TREE EXPERT COMPANY; AND AUTHORIZING AN ANNUAL NOTTO-EXCEED FUNDING LIMIT OF $100,000.00
RECOMMENDATION
Approve contracts.
BACKGROUND
On November 21st, 2024, the City Council authorized staff to utilize multiple on-call construction contracts. On-call construction contracts are an efficient means to construct emergency work and capital improvement projects in a timely and costeffective manner. On August 13th and 20th, 2026 staff advertised the Tree Maintenance 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 workforce, the bid was advertised for multiple on-call contracts where individual work orders are offered first to the low bidder, who will be entitled to perform the work unless the contractor declines the project, or the Packet Page 125
Item No. 9.O. Page 2 of 9
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 Tree Maintenance On-Call Contract established a not-to-exceed limit of $100,000.00.
Bids for the Tree Maintenance On-Call Contract were received on August 28th, 2026.
Four (4) bids were received electronically through the PlanetBids, the City of Seasides Online bidding platform, from the following contractors:
The award of the contract is based upon the lowest responsive, responsible bid comparing the contractors grand total bid amounts. West Coast Arborist, Inc. is the lowest responsive and responsible bidder, with a bid of $552,000.00. Tope's Tree Service, Inc. is the second low bidder with a grand total bid of $711,500.00. Davey Tree Expert Company is the third low bidder with a grand total bid of $879,300.00. Staff reviewed all 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 toaward the Tree Maintenance On-Call Contract to the first three bidders for annual not-to-exceed $100,000.00.
ENVIRONMENTAL COMPLIANCE
Contractor Grand Total Bid
West Coast Arborist, Inc. $552,000.00
Tope's Tree Service, Inc. $711,500.00
Davey Tree Expert Company $879,300.00
Community Tree Service, LLC $1,016,600.00
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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.
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.
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, Packet Page 127
Item No. 9.O. Page 4 of 9
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.
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 Packet Page 128
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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 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.
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(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.
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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 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) Packet Page 131
Item No. 9.O. Page 8 of 9
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.
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.(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 West Coast Arborists, Inc., Tope's Tree Service, Inc., and Davey Tree Expert Company are Not-To-Exceed contracts for a cumulative one hundred thousand dollars ($100,000) 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 orders 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.
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Item No. 9.O. Page 9 of 9
STRATEGIC PRIORITY
Effective Accessible Governance, Enhanced Physical Infrastructure & Abundant Water Supply, Community Safety & Quality of Life
ATTACHMENTS
1. Resolution
2. Tree Maintenance On-Call Contract Specification
3. Addendum 1
4. Contract - West Coast Arborists
5. Contract - Davey Tree Experts
6. Contract - Tope's Tree Service
Reviewed for Submission to the City Council by:
____________________________________
Greg McDanel, City Manager
Packet Page 133
Meeting Date: 09/17/26
Item #: X.X.
RESOLUTION NO. 26-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE
APPROVING THE SPECIFICATIONS FOR THE TREE MAINTENANCE ON-CALL CONTRACT; AWARDING CONSTRUCTION CONTRACTS TO THE THREE
LOWEST RESPONSIVE, RESPONSIBLE BIDDERS, WEST COAST ARBORISTS, INC., TOPE'S TREE SERVICE, INC., AND DAVEY TREE EXPERT COMPANY; AND
AUTHORIZING AN ANNUAL NOT-TO-EXCEED FUNDING LIMIT OF
$100,000.00
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 contracts 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 August 13th and 20th 2026 the City advertised the Tree Maintenance On-Call Contract for bid; and
WHEREAS, West Coast Arborists, Inc., was determined to have the lowest responsive and responsible bid in the amount of $552,000.00; and WHEREAS, Tope's Tree Service, Inc., was determined to have the second lowest responsive and responsible bid in the amount of $711,500.00; and WHEREAS, Davey Tree Expert Company was determined to have the third lowest responsive and responsible bid in the amount of $879,300.00; and WHEREAS, the basis of award for the Tree Maintenance On-Call Contract is determined by the lowest responsive responsible bid based on the grand total bid amount; and
WHEREAS, West Coast Arborists, inc., Tope's Tree Service, Inc., and Davey Tree Expert Company 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
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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 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.
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 area 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.
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(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.
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 Packet Page 136
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 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.
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(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 Packet Page 138
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 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 onsite 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 Packet Page 139
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 offsite 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.
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.
(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 Tree Maintenance On-Call Contract dated 1/2/2026; and BE IT FURTHER RESOLVED, that the City of Seaside City Council authorizes the City Manager to execute a construction agreement with West Coast Arborist, Inc. as the first low bidder for a total annual not-to-exceed of $100,000.00 with an option for two (2) 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 Tope's Tree Service, Inc. as the Packet Page 140
second low bidder for a total annual not-to-exceed of $100,000.00 with an option for two (2) 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 Davey Tree Expert Company as the third low bidder for a total annual not-to-exceed of $100,000.00 with an option for two (2) 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 Tree Maintenance On-Call Contract.
PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 17th day of September, 2026, 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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______________________________________________________________________________
CITY OF SEASIDE
DEPARTMENT OF PUBLIC WORKS
Seaside City Hall
440 Harcourt Ave.
Seaside, CA 93955
SPECIFICATION
FOR
TREE MAINTENANCE ON-CALL CONTRACT
Bid No. 2026-05
FORMAL BID
SPECIFICATIONS
APPROVED BY:
___________________________
Approved by: William Scally
Public Works Superintendent
DATE:___________________________
______________________________________________________________________________
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TREE MAINTENANCE ON CALL CONTRACT
TABLE OF CONTENTS
PART I: NOTICE TO CONTRACTORS ........................................................................................................ 1 SPECIFICATIONS AND BID FORMS ....................................................................................................... 1 NON-MANDATORY PRE-BID CONFERENCE ........................................................................................ 2 PREVAILING WAGES ............................................................................................................................... 2 BID BOND ................................................................................................................................................. 2 CARB – CERTIFICATES OF REPORTED COMPLIANCE (NEW REQUIREMENT) .............................. 3 RESPONSIBLE BIDDER ........................................................................................................................... 3 BID VALIDITY ............................................................................................................................................ 4 BID REJECTION ....................................................................................................................................... 4 UNBALANCED BID ................................................................................................................................... 5 BIDDER PROTEST ................................................................................................................................... 5 INTERPRETATION OF SPECIFICATIONS .............................................................................................. 5 DEFINITIONS ............................................................................................................................................ 5 PART II: PROPOSAL .................................................................................................................................... 1 BID SCHEDULE ........................................................................................................................................ 1 BASIS OF AWARD .................................................................................................................................... 2 BID ITEM DESCRIPTIONS ....................................................................................................................... 2 ANCILLARY ITEMS ................................................................................................................................. 4 LUMP SUM PRICE BREAKDOWN ......................................................................................................... 4 BID CLARIFICATION .............................................................................................................................. 4 PART III: GENERAL PROVISIONS .............................................................................................................. 1 JOB SITE AND DOCUMENT EXAMINATION .......................................................................................... 1 CONTRACT AWARD AND EXECUTION ................................................................................................. 1 SAMPLE CONTRACT AGREEMENT ....................................................................................................... 2 SAMPLE WORK ORDER .......................................................................................................................... 1 CONSTRUCTION PERFORMANCE BOND ............................................................................................. 1 CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND ............................................................... 1 ESCROW AGREEMENT FOR SECURITY DEPOSIT IN LIEU OF RETENTION .................................... 1 AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS .................................................................... 1 GUARANTY ............................................................................................................................................... 1 PART IV: SPECIAL PROVISIONS ............................................................................................................... 1 GENERAL ................................................................................................................................................. 1 PLANS AND SPECIFICATIONS ............................................................................................................... 1 CONTRACT BONDS ................................................................................................................................. 1 TIME LIMITS ............................................................................................................................................. 2 FYE 2027 TREE MAINTENANCE ON CALL CONTRACT Rev. Aug. 2026 Packet Page 143
LICENSES AND PERMITS ....................................................................................................................... 3 SITE INSPECTION .................................................................................................................................... 3 SUBMITTALS ............................................................................................................................................ 3 CONSTRUCTION SURVEYS ................................................................................................................... 4 PROTECTION OF PRIVATE PROPERTY ................................................................................................ 4 CONSTRUCTION QUALITY CONTROL .................................................................................................. 4 GUARANTEE ............................................................................................................................................ 6 REGULATIONS ......................................................................................................................................... 6 PUBLIC SAFETY AND PROTECTION OF THE WORK ........................................................................... 7 INSURANCE ............................................................................................................................................. 7 RESPONSIBILITY OF CONTRACTOR AND INDEMNIFICATION ........................................................... 9 RESOLUTION OF CONSTRUCTION CLAIMS – ALL CONTRACTOR CLAIMS ................................... 10 RESOLUTION OF CONSTRUCTION CLAIMS – CLAIMS UNDER $375,000 ....................................... 12 PRE-CONSTRUCTION CONFERENCE ................................................................................................. 13 LIQUIDATED DAMAGES ........................................................................................................................ 13 EXCUSE FROM PERFORMANCE ......................................................................................................... 14 NOTICES ................................................................................................................................................. 14 CONSTRUCTION PROCEDURE ........................................................................................................... 14 TRAFFIC CONTROL ............................................................................................................................... 15 REMOVAL OF OBSTRUCTIONS ........................................................................................................... 17 UNDERGROUND UTILITIES .................................................................................................................. 17 UTILITY COMPANY COORDINATION ................................................................................................... 18 CONTRACT PLANS AND SPECIFICATIONS ........................................................................................ 18 DUST CONTROL .................................................................................................................................... 18 CONSTRUCTION WATER ...................................................................................................................... 18 SANITARY FACILITIES .......................................................................................................................... 18 INSPECTION OF WORK ........................................................................................................................ 18 RECORD DRAWINGS ............................................................................................................................ 18 PROJECT CLOSE OUT .......................................................................................................................... 19 ENVIRONMENTAL/POLLUTION PREVENTION REQUIREMENTS ..................................................... 19 TREE PROTECTION REQUIREMENTS ................................................................................................ 22 FYE 2027 TREE MAINTENANCE ON CALL CONTRACT Rev. Aug. 2026 Packet Page 144
Part II, Page 1
CITY OF SEASIDE
DEPARTMENT OF PUBLIC WORKS
PART I: NOTICE TO CONTRACTORS
Bid proposals for furnishing all labor, materials, tools, equipment and incidentals for the construction of FYE 2027 TREE MAINTENANCNE ON CALL CONTRACT in Seaside, California, in accordance with these Plans and Specifications, will be received electronically via the City’s e-Procurement Portal, PlanetBids, until 2:00pm August 28, 2026. (“Bid Opening Date”), at which time they will be electronically opened, read, and publicly available on the City’s e-Procurement Portal.
This is an on call contract, which shall be used to provide the City with a readily available work force for tree maintenance services, and emergency response, as the City deems appropriate. The work shall include, but not be limited to: estimating the cost of, and performing, tree planting and transplanting, irrigation, pruning, and removal; emergency tree work after normal work hours, and/or at night, and/or on weekends and holidays; electrical conductor clearance, stump and root pruning, grinding and/or removal; hauling and/or disposing of brush, logs and related debris; temporary traffic control design and implementation for tree work; arboricultural consultation, qualified tree risk assessment, tree health care diagnosis and treatment, report preparation, document review; tree inventory data capture utilizing the City’s tree inventory. In general, the work consists of all phases of tree management, care, maintenance, and miscellaneous associated work at such times and locations as required. The work shall be located in the City of Seaside, CA. Individual Work Orders shall be for all phases of tree management and maintenance, including planting, care, maintenance, pruning, and removal.
The contract with each successful bidder will be for a term of one (1) year with a not to exceed annual funding limit of $100,000. The agreement will include an option for an additional two (2) 1-year extensions with a not to exceed annual funding limit of $100,000. The total term of this agreement will not exceed three (3) years. The amount of work to be requested during the one (1) year or optional additional one (1) year contract periods cannot be well defined at the outset. The contractor is not guaranteed any work under this contract.
Work shall be issued through Work Orders.
The City reserves the right to award up to three (3) contracts to the lowest responsive, responsible bidders in accordance with the following:
Work Order Contracting Project Assignment: Following Council award of the multiple Work Order contracts, the City shall prepare Drawings and/or Specifications of sufficient detail to determine a scope of work and schedule for individual projects. These individual projects shall be offered first to the first 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 City, including but not limited to adequate financial, material, equipment, facility, workforce and personnel resources. Upon such determination by City, the project shall be offered next to the second low bidder, who will be entitled to perform the work unless the project is declined or the City determines that the contractor would be unable to timely and satisfactorily perform the work due to the contractor responsibility factors set forth above.
If there are additional Work Order contractors, this process would continue as needed until the project is assigned.
At the time of the bid opening, the successful Bidder must be legally entitled to perform contracts requiring a Class C-61/D-49 Contractor's license. Any Bidder or contractor not so licensed shall be subject to all penalties imposed by law including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. All contractor and sub- contractor license(s) must remain in good standing throughout the term of the Contract. The Contractor shall notify the City in writing in the event its license is suspended, expires, or has a change in signatory.
SPECIFICATIONS AND BID FORMS
Specifications, including instructions to Bidders and all necessary contract documents and forms, are available on-line at https://vendors.planetbids.com/portal/73033/bo/bo-search. In order to download project documents, you must register as a vendor through PlanetBids, at no cost, through the City’s e-Procurement Portal. Potential bidders, subcontractors and suppliers are responsible for reviewing the complete bidding documents, including all addenda, prior to submitting their bid via PlanetBids. Bidders are advised to check FYE 2027 TREE MAINTENANCE ON CALL CONTRACT Rev. Aug. 2026 Packet Page 145
Part II, Page 2
the City’s e-Procurement Portal periodically and prior to submitting their bid.
Prior to the Bid Opening Date, bids may be withdrawn through the City’s e-Procurement Portal by means of the responding firm “unsubmitting” their proposal in PlanetBids. After withdrawing a previously submitted proposal, the responding firm may submit another proposal at any time up to the deadline for submitting proposals.
NON-MANDATORY PRE-BID CONFERENCE
A non-mandatory pre-bid conference is scheduled for 1:00pm on August 19, 2026 via Zoom. This conference will allow bidders to review and inspect project Specifications. This conference will allow bidders to review the project Specifications. The Pre-Bid Conference Zoom link is available on-line at https://vendors.planetbids.com/portal/73033/bo/bo-search.
PREVAILING WAGES
Local prevailing wage rates shall be paid in accordance with Sections 1770, 1773, and 1782, as amended, of the California Labor Code, on all public works construction contracts exceeding twenty-five thousand dollars ($25,000) and all public works contracts for alteration, demolition, repair or maintenance work exceeding fifteen thousand dollars ($15,000). Local wage rates may be obtained from City of Seaside, Public Works - Engineering Division Office, City Hall, Seaside, CA, (831-899-6835) or the Director, Department of Industrial Relations, State of California, 455 Golden Gate Avenue, San Francisco, California (415-703-4774). Any Bidder contractor awarded a public works contract that uses a craft or classification not in the general prevailing wage determinations may be required to pay the wage rate most closely related in the general determinations, effective at the time of the call for bids.
In accordance with the provisions of Sections 1725.5, 1771.1, 1771.3, and 1771.4 of the Labor Code, this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal (subject to the requirements of Section 4104 of the Public Contract Code), or engage in the performance of any contract for public work, as defined by that chapter of the Labor Code, unless currently registered and qualified to perform public work pursuant to Section 1725.5 of the Labor Code.
In accordance with the provisions of Section 1773.3 of the Labor Code, the City of Seaside shall provide notice to the Department of Industrial Relations (DIR) of the award of any public works contract subject to the requirements of Chapter 1 of the Labor Code, within five days of the award. The notice shall be transmitted electronically in a format specified by the DIR (see https://www.dir.ca.gov/pwc100ext/) and shall include the name of the contractor, any subcontractor listed on the successful bid, the bid and contract award dates, the contract amount, the estimated start and completion dates, job site location, and any additional information the DIR specifies that aids in the administration and enforcement of this chapter.
BID BOND
A true and correct copy of a certified check or cashier's check payable to the order of the City of Seaside, or a satisfactory bid bond executed by the Bidder and an acceptable surety in an amount equal to ten percent (10%) of the bid amount shall be uploaded with each bid, as a guarantee that the bidder, if its bid is accepted, will promptly execute the Agreement. The bid bond must be notarized, include the embossed surety seal, and include a Power of Attorney if the signee is not an officer of the surety.
The three lowest bidders must also submit the original certified check, cashier’s check, or bid bond, which must be received by the City no later than 4 p.m., five (5) calendar days following the Bid Opening Date. In order ensure that the original certified check, cashier’s check, or bid bond is received by the deadline, the City recommends bidders use express mail or personal delivery. If the last day for submission of the original certified check, cashier’s check, or bid bond falls on a Saturday, Sunday, or other legal holiday, the period is extended to and includes the next day that is not a weekend or holiday. The original shall be addressed to:
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City of Seaside
Public Works Director
440 Harcourt Avenue
Seaside, CA 93955
Please have the Bidder Name, Contract Title ("Project Title"), and Contract Number ("Project ID") listed clearly on the outside of the envelope.
Bidder’s failure to submit the certified check, cashier’s check, or bid bond in accordance with the terms herein may result in the bid being deemed non-responsive.
Further, the amount so posted shall be forfeited to the City if the Bidder does not, within fifteen (15) calendar days after written notice that the contract has been awarded to said Bidder, enter into contract with the City for the work.
CARB – CERTIFICATES OF REPORTED COMPLIANCE (NEW REQUIREMENT) The California Air Resources Board (“CARB”) has approved amendments to the In-Use Off-Road DieselFueled Fleet regulations (“Regulations”) which impact construction contractors and subcontractors and will apply to public works projects awarded after January 1, 2024. For a project involving the use of dieselfueled vehicles subject to these Regulations, the prime contractor must obtain and submit to the City as part of their bid packet copies of the valid Certificates of Reported Compliance (“CRC”) for all of the subject vehicles (both the contractor’s and their subcontractor’s) that will be used on the project. The CRCs, or explanation of any exemption from the CRCs, must be submitted with the contractor’s bid so that responsiveness of the bid can be immediately evaluated by the City. Failure to submit the required CRCs, or a detailed explanation of any exemption from the Regulations, may render a bid non-responsive.
The In-Use Off-Road Diesel-Fueled Fleets regulations apply to all self-propelled off-road diesel vehicles 25 horsepower or greater and most two-engine diesel vehicles (except on-road two-engine sweepers) owned and operated in California. The Regulations cover a wide range of vehicle types ranging from small skid steer loaders used in small landscaping jobs to bulldozers, forklifts, cranes, and excavators, and includes vehicles/fleets that are rented or leased.
All CRCs must contain a fleet identification number, which is stored on CARB’s database and available through the CARB website. All CRCs are available for download starting March 1 of each year and until February 28 of the following year and are automatically updated by CARB if a Contractor is in compliance.
The City is required to retain CRCs for three years after the project is complete, and the CRCs are subject to CARB review upon five calendar days' notice.
Further information regarding the Regulations and this new requirement may be found on the California Air Resources Board website at https://ww2.arb.ca.gov/our-work/programs/use-road-diesel-fueled-fleetsregulation.
RESPONSIBLE BIDDER
Responsible bidder as it pertains to this contract shall be as follows:
1. Standards of Responsibility: The City may reject bids on the basis of non-responsibility. A responsible bidder is one that has the capacity in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance of the contract. Factors to be considered in determining whether the standard of responsibility has been met include whether a bidder has:
a. The appropriate financial, material, equipment, facility, capacity (adequate workforce to complete the job in a timely fashion) and personnel resources, including all required certifications, licenses, and expertise necessary to indicate its capacity to meet all contractual FYE 2027 TREE MAINTENANCE IMPROVEMENTS ON CALL CONTRACT Rev. Aug. 2026 Packet Page 147
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requirements, including the following specific requirements:
i. Adequate workforce to meet multiple critical work schedules at once; ii. Ability to start projects on the commencement dates set forth by the City and satisfactorily complete them within the City’s stated time limits;
b.
c.
d.
e.
f.
A satisfactory record of performance, including but not limited to any prior work performed by bidder for the City or other agency;
Evidence of bidder’s ability to provide the required bonding and insurance capacity. Apparent low bidder with cash or cashier’s check as bid bond is required to submit a pre-qualification letter from an acceptable surety or cashier’s check as performance bond within fourteen (14) calendar days of the bid opening;
A satisfactory record of integrity, diligence, and professionalism in the specific contract work; The legal qualifications to contract with the City; and Supplied all information requested by the City in connection with the inquiry concerning responsibility.
2. 3.
4. Information Pertaining to Responsibility. The prospective contractor shall supply any information requested by the City concerning the responsibility of such contractor, including the qualifications and performance records of contractor’s employees and proposed subcontractors. If the prospective contractor fails to supply the requested information, the City shall base the determination of responsibility in award of the Contract upon any available information, or may find the prospective contractor non-responsible on the basis of its failure to provide the requested information to the City.
The City’s Duty Concerning Responsibility. Before awarding a contract, the City must be satisfied that the prospective contractor is responsible. The City may use the information provided by prospective contractor as well as information obtained from other legitimate sources, including City staff’s own experience with the prospective contractor and prospective contractor’s employees.
Written Determination of Non-Responsibility Requirements. If a bidder or offeror who otherwise would have been awarded the Contract is found non-responsible, a written determination of nonresponsibility setting forth the basis determination shall be prepared by the City and sent to the non-responsible bidder or offeror. The bidder or offeror shall have an opportunity to appeal the City’s determination on non-responsibility.
BID VALIDITY
No Bidder may withdraw their bid for a period of ninety (90) days from the Bid Opening Date, which time shall be used by the City for reviewing the bids and investigating the qualifications of Bidders, prior to awarding of the contract. Any bid withdrawal before the expiration of such time period shall result in the forfeiture of Bidder’s Bid Bond. In the event of a bid mistake resulting from a clerical error made by the Bidder, withdrawal of such bid without forfeiture of the Bid Bond may only be allowed if the criteria set forth in California Public Contracts Code Sec. 5103 are met and the procedures set forth therein are followed; any such approval by City of bidders request to withdraw bid shall be at the sole discretion of the City.
BID REJECTION
The City reserves the right to reject any or all bids as the best interests of the City may dictate and, to the extent permitted by law, waive any irregularity in any bid. If there is any reason for believing that collusion exists among the bidders, the City may reject any or all bids.
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UNBALANCED BID
Bids which are obviously unbalanced may be rejected. For the purposes of this section, an unbalanced bid is one that (a) has unit prices based on nominal prices for some items of work and enhanced unit prices for other items of work, and (b) the amount and manner in which the unit prices are distributed is not reflective of the true cost to perform the work. Any unbalanced bid may be rejected by the City whether or not the result of the unbalanced bid increases the cost of the project to the City.
BIDDER PROTEST
Any Bid protest in connection with the construction contract or work described in general in the Notice Inviting Bids must be submitted in writing to City Clerk’s Office, 440 Harcourt Avenue Seaside, CA 93955, before 3:30 P.M. of the fifth Business Day following the bid opening.
The initial protest document must contain a complete statement of the basis for the protest. The protest must refer to the specific portion of the document that forms the basis for the protest. The protest must include the name, address, and telephone number of the person representing the protesting party. Only Bidders who the Owner otherwise determines are responsive and responsible are eligible to protest a Bid; protests from any other party will not be considered. In order to determine whether a protesting Bidder is responsive and responsible, Owner may evaluate all information contained in any protesting Bidder’s Bid and conduct the same investigation and evaluation as Owner is entitled to take regarding an Apparent Low Bidder.
The party filing the protest must concurrently transmit a copy of the initial protest document and any attached documentation to all other parties with a direct financial interest that may be adversely affected by the outcome of the protest. Such parties shall include all other Bidders who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.
INTERPRETATION OF SPECIFICATIONS
Should a Bidder be in doubt as to the true meaning of any item in the Plans or Specifications or discover items containing discrepancies or omissions, the Bidder is responsible for immediately notifying the Public Works Superintendent. All questions must be submitted in writing through the PlanetBids Question/Answer Tab via the City's e-Procurement portal, on or before the Question & Answer Submission Date and Time. Please include the section title of this Specification for each question, if applicable, in order to ensure that questions asked are responded to correctly. All questions submitted and answers provided shall be electronically distributed to all bidders who have selected to “follow” this Specification on the City's e-Procurement Portal.
Any addenda shall be posted on the City's e-Procurement Portal. Addenda notifications will be emailed to all persons who have selected to “follow” this Specification. Failure of any Bidder to receive any such addenda or interpretation shall not relieve such Bidder from any obligation under their bid as submitted. All addenda so issued shall become part of the contract documents. Such addenda are to be considered as part of the contract documents, and the Bidder shall acknowledge this condition in the e-Procurement Portal. The Engineer shall not be held responsible for any oral interpretations or instructions. No addenda can be issued less than forty-eight (48) hours before bid opening without an accompanying bid time extension. The Engineer reserves the right to make decisions on extending the bid period.
DEFINITIONS
For the purposes of this document, the following definitions shall apply:
CITY:
ENGINEER OR
CITY ENGINEER
The term City refers to and indicates the City of Seaside, Monterey County, State of California.
The term Engineer or City Engineer refers to and indicates the Public Works Director of the City of Seaside or their duly authorized representative.
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BIDDER: Party submitting a bid for consideration by the City of Seaside.
CONTRACTOR:
COUNCIL OR
CITY COUNCIL:
PLANS:
SPECIAL
PROVISIONS:
SPECIFICATIONS:
STANDARD
SPECIFICATIONS:
STANDARD
PLANS:
ADA:
CBC:
IBC:
The term Contractor refers to and indicates the party or parties contracting to perform the work to be done in pursuance of this contract and specifications.
The City Council of the City of Seaside.
The project plans referred to herein.
Part IV of these Specifications.
This document, in its entirety.
Specifications entitled “State of California, Department of Transportation, Standard Specifications” of latest publication on file in the office of the City Clerk of the City of Seaside.
Plans entitled “State of California, Department of Transportation, Standard Plans” of latest publication.
Americans with Disabilities Act of 1990, Titles II and III, revised September 15, 2013.
California Building Codes, latest edition as adopted by the City of Seaside.
International Building Codes, latest edition.
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FYE 2027 TREE MAINTENANCE ON CALL CONTRACT
CITY OF SEASIDE
PART II: PROPOSAL
BID SCHEDULE
Item
No. Description Approx. Quantity
Unit of
Measure
Unit
Cost Total
1 Mobilization and Demobilization 1 LS
2 Storm Water Compliance 1 LS
3 Traffic Control 1 LS
4 On-Staff International Society of Arboriculture Board Certified Master Arborist with Tree Risk Assessment
Qualification
100 HR
5 On-Staff, On-Site NCCCO Certified Crane Operator 100 HR 6 On-Staff On-Site International Society of
Arboriculture Certified Arborist Foreman, Crew
Leader or Leadworker
1,500 HR
7 On-Staff On-Site I.S.A. Certified Tree Worker
Climbing Specialist 100 HR
8 Tree Climber Trimmer 100 HR
9 Tree Maintenance Worker 6,000 HR
10 Laborer 100 HR
11 Emergency Services—After Hours, Weekends, or
Holidays Hourly Rate Per Man 100 HR
12 DPR Licensed Pest Control Applicator 100 HR
13 Online database for work records and invoices 100 HR 14 5 Yard or larger Brush/Chipper Truck 100 HR
15 55 ft. or larger insulated Aerial Lift Truck for Tree Work 100 HR
16 95-100 ft. Aerial Lift Truck 100 HR
17 5 Yard or larger Dump Truck 100 HR
18 Skip Loader or Backhoe Loader 100 HR
19 Truck w/Roll Off Dump Box—10 to 40 Yard Capacity 100 HR 20 Disc Chipper Equivalent to 1800 Vermeer 100 HR
21 Disc Chipper Equivalent to BC-1000 Vermeer 100 HR
22 100+ ft. Crane, 15 Metric Ton Capacity with Bucket
Option 100 HR
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23 45 ft Crane, 6 Metric Ton Capacity 100 HR
24 Large, Medium, and Samll Stump Grinder 100 HR
25 Irrigation Water Truck, 300 Gal. Minimum 100 HR
BASIS OF AWARD
Award of contract, if any be made, shall be made to the Contractor with the lowest responsive responsible bid based on the Grand Total Bid (Items 1 through 25).
BID ITEM DESCRIPTIONS
This section covers details of individual items of the Bid Schedule to ensure that it is clear as to what is to be included in each item. The costs submitted with each item are to reflect the work to be completed under that bid item only. Payment of all the following items shall be for actual materials installed on the job and for actual work accomplished.
1. Mobilization and Demobilization
Measurement and payment for this item shall be on a lump sum (LS) basis. The lump sum cost shall pay for all the costs of mobilization and demobilization for items awarded. The work shall include, but not be limited to, preparatory and cleanup work necessary for performance of the work in accordance with the Standard Specifications, Plans and Specifications, and as directed by the Engineer. This item also includes the movement of construction personnel, equipment, supplies and incidentals to and from the project site, and all other work and operations, which must be incurred prior to the beginning of and after the end of construction work. This item shall also include obtaining bonds, insurance policies, licenses, and permits required by the contract documents, project meetings, coordination and all related administrative costs for this Project. Partial payment of this bid item shall be based on percent of this item completed and shall be contingent upon the Contractor’s furnishing and the City’s acceptance of:
1) the schedule of values, 2) the construction schedule, 3) Traffic Control Plans, 4) Quality Control Plan, 5) all submittals and shop drawings, 6) electrician certifications, 7) subcontractor’s Certificate of Good Faith Effort to hire local, and 8) fringe benefit summary statement. Also included in this bid item is maintaining the project site, regular cleanup and final cleanup, temporary fencing and staging area, if any.
2. Storm Water Compliance
Measurement and payment for this item shall be on a lump sum (LS) basis. The work shall include, but not be limited to, the furnishing of all labor, materials, tools, equipment and incidentals necessary for the implementation of the requirements under “Environmental/Pollution Prevention Requirements” of these Specifications and as directed by the Engineer. This work also includes compliance with all applicable rules, regulations, ordinances and statutes. Also included is providing and installing BMPs, proper maintenance and inspection of all BMPs installed for the project, removal of BMPs, and clean up and proper disposal of any environmental pollutants due to construction related activities.
3. Traffic Control
Measurement and payment for this item shall be on a lump sum (LS) basis. The work shall include, but not be limited to, the furnishing of all labor, materials, tools, equipment, and incidentals necessary to maintain pedestrian and/or vehicular traffic for public use during performance of the work, including all related construction area sign placement and maintenance. This work also includes the preparation, submittal and implementation of the traffic control plan(s), establishing traffic detour(s), traffic control device placement and maintenance, flagging, barriers, temporary drainage facilities, temporary access, temporary asphalt tapers, protection of adjacent existing improvements from damage or staining, removal of the detour(s) upon direction of the Engineer, and restoration of all areas affected by construction, maintenance, use, and removal of the detour in accordance with the Standard Specifications, Plans and Specifications, and as directed by the Engineer.
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4. On-Staff International Society of Arboriculture Board Certified Master Arborist with International Society of Arboriculture Tree Risk Assessment Qualification Must be qualified and competent to perform tree health diagnosis, report writing, document review, etc. This work may not be subcontracted.
5. On-Staff On-Site NCCCO Certified Crane Operator
National Commission for the Certification of Crane Operators Certified Crane Operator. Must be onsite while crane work is performed. This work may not be subcontracted.
6. On-Staff On-site International Society of Arboriculture Certified Arborist Foreman, Crew Leader or Leadworker
Onsite working job supervisor with proof of status as an I.S.A. Certified Arborist. Must be on-site while all work is performed. This work may not be subcontracted.
7. On Staff On-Site I.S.A. Certified Tree Worker Climbing Specialist International Society of Arboriculture Certified Tree Worker trained and tested to climb and work in trees. An I.S.A. Tree Worker Climber Specialists must have the skill and endurance to climb trees, demonstrate high regard for safety, and be able to perform tree work off the ground. Tested in both a classroom setting and a field setting, candidates must have training in aerial rescue, CPR, and First Aid-- Must be on-site while work all is performed. This work may not be subcontracted.
8. Tree Climber Trimmer
Personnel qualified and competent to inspect, climb, prune, rig, and remove trees, and work from an aerial lift.
9. Tree Maintenance Worker
Personnel qualified and competent to perform tree maintenance duties from the ground and support the Tree Climber Trimmer.
10. Laborer
Personnel qualified and competent to perform basic work duties in support of tree maintenance efforts
11. Emergency Services--After Hours, Weekends, or Holidays—Hourly Rate Per Man Dedicated qualified competent personnel must be available for after-hours emergency work calls on weekdays, weekends, and holidays. Contractor must respond and be on-site with necessary personnel and equipment within 2 hours of notification by the City of emergency work
12. DPR Licensed Pest Control Applicator
California Department of Pesticide Regulation Pest Control Applicators identify invading pests and invasive plants and apply chemicals or other methods to prevent, control, eliminate pest problems.
13. Online Database for work records and invoices
Database must store all invoices and work records in the format outlined in Part IV Special Provisions. Records and invoices must be searchable and access shall be provided to any City staff deemed necessary by the Urban Forester. Records and invoices shall remain the property of the City of Monterey after the termination or expiration of the contract.
14. 5 Yard or larger Brush/Chipper Truck
Chipper dump trucks with at least 5 cubic yard capacity box and capable of towing a brush chipper.
15. 55 ft. or larger insulated Aerial Lift Trucks for Tree Work Truck mounted aerial man lift device designed and engineered for tree work capable of reaching 55 feet above ground.
16. 95-100 ft. Aerial Lift Truck
Truck mounted aerial man lift devices designed and engineered for tree work capable of reaching 95-100 feet above ground.
17. 5 Yard or larger Dump Truck
Dump truck with at least 5 cubic yard capacity bed.
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18. Skip Loader or Backhoe Loader
Front loader, backhoe loader, bobcat type loader capable of lifting at least 2000 lbs.
19. Truck w/Roll Off Dump Box—10 to 40 Yard Capacity
10 to 40 Yard capacity dump box to be transported by transport truck vehicle
20. Disc Chipper Equivalent to 1800 Vermeer
Large capacity brush chippers equivalent in power and capability to Vermeer Co. 1800
21. Disc Chipper Equivalent to BC-1000 Vermeer
Medium capacity brush chippers equivalent in power and capability to Vermeer Co. BC-1000
22. 100+ ft. Crane, 15 Metric Ton Capacity with Bucket Option Medium capacity crane with 100-foot reach to be operated by a NCCCO Certified Operator.
23. 45 ft Crane, 6 Metric Ton Capacity
Medium capacity crane with 45-foot reach to be operated by a NCCCO Operator
24. Large, Medium, and Small Stump Grinders
Stump grinders/cutters with capabilities to grind and remove large, medium, and small tree stumps and root masses
25. Irrigation Water Truck, 300 Gal. Minimum
Truck mounted tank with 300-gallon minimum capacity for watering trees and landscape plants
ANCILLARY ITEMS
Payment for any items that do not have instruction indicating where expenses for said items are to be accounted for are to be considered ancillary to the work and accounted for in every one of the lump sum or unit price items and no additional compensation will be allowed therefor.
LUMP SUM PRICE BREAKDOWN
Immediately after award of the contract, the contractor shall submit a cost breakdown list to the Engineer for all Lump Sum Bid items. The list shall consist of major elements of work that make up the item and shall be used for determining progress pay estimates.
BID CLARIFICATION
Pursuant to the provisions of the California Public Contract Code Section 20103.8, City reserves the option to award any or all the additive bid items in addition to the original contract after the lowest responsive responsible Bidder has been determined, should the City later obtain additional funding for additive alternatives not awarded with the original contract. For responsible bidder as it pertains to this contract, see Part I, Responsible Bidder.
Unit and lump sum prices shall be for items in place, as shown on the Plans, including all labor, materials, equipment, taxes, and incidentals necessary for a complete job.
Whenever unit prices are required and there is an incorrect extension thereof, the unit price correctly extended shall prevail and the total bid shall be corrected to reflect the correct extension.
The amount of work to be requested during the twelve-month contract period cannot be well defined at the outset. The bidder agrees to do the work on a Work Order basis in such increments and at such times and locations as will be defined in written requirements to be issued by the City as the need arises. The bidder agrees that the offer to do the work at the unit prices submitted with the bid schedule remains in effect for all written work requirements as herein described and issued by the City during the twelve-month period beginning with the fully executed contract date or until the exhaustion of the annual funding limit, whichever occurs first. No minimum annual dollar value of work is guaranteed by the City.
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The intent of this contract is to provide the City with a readily available work force for repairs to existing facilities and emergency repairs of any value up to the Contract limit, and for new construction on City projects of any value as the City deems appropriate. This contract does not give the Contractor exclusive rights to perform all work done by the City; certain projects will be sent for bid proposal throughout the term of the contract which may include this type of work.
Bids may be withdrawn through the City’s e-Procurement Portal, the responding firm may “unsubmit” their proposal in PlanetBids. After withdrawing a previously submitted proposal, the responding firm may submit another proposal at any time up to the deadline for submitting proposals prior to the bid opening. Bids may not be withdrawn for the time period specified in BID VALIDITY of Part I.
The Noncollusion Declaration and all other required forms listed on the City’s e-Procurement Portal shall be executed and submitted with the bid.
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PART III: GENERAL PROVISIONS
FORMAL BID ($200,000 and over)
JOB SITE AND DOCUMENT EXAMINATION
The Bidder is required to thoroughly examine the job site, Standard Plans, Specifications, and any job specific Plans, including t h e for m contract (See Part III, Page 2) for the work contemplated, and it will be assumed that the Bidder has investigated and is satisfied as to the requirements of the Plans and Specifications, including the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the Bidder has made such examination.
CONTRACT AWARD AND EXECUTION
CONTRACT AWARD
The contract shall be awarded, if an award is made, to the lowest responsive responsible bidder as defined in Part II, Basis of Award, of these specifications, within the period, defined as Bid Validity, of days from the date bids are publicly opened, examined and declared unless a different bid validity period is specified in Part I, Bid Validity. If the award is not made within the specified period, then all of the bids submitted shall be deemed to have been rejected by the legislative body.
CONTRACT EXECUTION
A contract shall not be deemed to have been made between the Contractor and the City of Seaside until all of the following steps have been completed:
1. 2.
3. Award of the contract by the City Council,
Within fifteen (15) calendar days after written notice that a contract has been awarded to him (Notice of Award), the Contractor shall submit a signed contract, required bonds or alternative security, evidence of insurance that conforms to the contract, and City of Seaside Business License or evidence of application for said license.
Upon approval of the foregoing documents, the City will execute the contract and return a copy to the Contractor.
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SAMPLE CONTRACT AGREEMENT
THIS AGREEMENT, dated this [date] day of [Month], [20__], by and between [Name of Contractor] whose place of business is located at [Address of Contractor] (“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. [insert number] adopted on the [date] day of [Month, Year] awarded to Contractor the following Contract:
CONTRACT NUMBER XX-XX
Pavement Repairs Work Order Contract FY 2025-2026
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:
1. SCOPE OF WORK OF THE CONTRACT
A.
1. B.
2. Work of the Contract
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).
Price for Completion of the Work
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 cannot 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 throughout the year under this contract.
2. COMMENCEMENT AND COMPLETION OF WORK
A.
1. 2.
3. B.
1. 2.
3. Commencement of Work
The contract period shall be 1 year commencing on the date of the fully executed contract.
Commencement of individual Work Orders shall be in accordance with dates provided on that Work Order
No work shall commence on any individual Work Order after the Contract period expires.
Owner reserves the right to modify or alter the Commencement Date.
Completion of Work
Contractor shall achieve Substantial Completion of the entire contract within One year from the Commencement Date
Contractor shall achieve Substantial Completion of Individual Work Orders within the periods of time defined on individual Work Orders
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.
3. PROJECT REPRESENTATIVES
A. Owner’s Project Manager
1. Owner has designated a Project Manager to act as Owner’s Representative in all matters relating FYE 2027 TREE MAINTENANCE ON CALL CONTRACT Rev. Aug. 2026 Packet Page 157
2. 3.
B.
1. Part III, Page 3
to the Project.
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.
Owner may assign all or part of the Project Manager’s rights, responsibilities and duties to a Construction Manager, or other Owner Representative.
Architect/Engineer
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.
4. LIQUIDATED DAMAGES FOR DELAY IN COMPLETION OF WORK
A.
1. B.
1. 2.
Liquidated Damage Amounts
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.
Scope of Liquidated Damages
Measures of liquidated damages shall apply cumulatively.
Limitations and stipulations regarding liquidated damages are set forth in Part IV Special Provisions.
5. CONTRACT DOCUMENTS
A.
B.
Contract documents consist of the following documents, including all changes, addenda, and modifications thereto:
Part I - Notice to Contractors
Part II – Proposal
Part III – General Provisions
Part IV – Special Provisions & Technical Specifications There are no contract documents other than those listed above. The contract documents may only be amended, modified or supplemented as provided by an approved Work Order amendment.
6. MISCELLANEOUS
A.
B.
C.
D.
Terms and abbreviations used in this agreement are defined in the general conditions and references and definitions and will have the meaning indicated therein.
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.
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.
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 FYE 2027 TREE MAINTENANCE ON CALL CONTRACT Rev. Aug. 2026 Packet Page 158
E.
F.
G.
Part III, Page 4
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.
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.
This project is subject to compliance monitoring and enforcement by the department of industrial relations.
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.
In witness whereof the parties have executed this agreement in quadruplicate the day and year first above written.
CONTRACTOR: [CONTRACTOR’S NAME]
By: ______________________________
(Signature) (Signature)
______________________________
(Print Name) (Print Name)
Its: _______________________________
Title (If Corporation: Chairman, President
or Vice President)
By: ______________________________
(Signature)
______________________________
(Name)
Its: _______________________________
Title (If Corporation: Secretary, Assistant
Secretary, Chief Financial Officer or
Assistant Treasurer
OWNER: The City of Seaside
By:
___________________
(Title)
Attest:
City Clerk Signature
(Print Name)
FYE 2027 TREE MAINTENANCE ON CALL CONTRACT Rev. Aug. 2026 Packet Page 159
Part III, Page 1
SAMPLE WORK ORDER
WORK ORDER PROCESS
1. 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.
2. Work Orders
A. Work orders at a minimum shall include:
1. 2.
3. 4.
5. 6.
7. 8.
9. The contract or legal agreement under which the Work Order is being issued, Date under which the overarching contract signed is issued.
A unique identifying project number containing the original contract number a hyphen and the chronological Work Order number in sequence.
A location of the work
A description of the work
Quantities and agreed price for work
Work order start and completion dates identifying the boundaries to the Period of Performance Signatures of the Contractor and City by persons with the legal authority to bid that entity.
Final Acceptance of work sign off and 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.
3. 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.
1. 2.
3. 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 500 SF 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: 1,001 Unit: SF Unit Cost: $ 4.40
The item value shall be 500SF * $15.00/SF = $7,500.00)
Where two separate areas of work of a single Work Order have distinct quantities of the same line item, the quantities 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 500 SF of Class II Aggregate Base and the other sidewalk requires 600 SF of Class II Aggregate Base, the total Class II Aggregate Base are 1,100 SF and the Unit Cost used shall be $4.40/SF 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 $135/LF shall be used for the single rail galvanized steel guard rail.
Sample Work Order City of Seaside
FYE 2027 Tree Maintenance On
Call Contract
Packet Page 160
4. Part III, Page 2
City shall rely on Cal Trans Standard Specifications Division 1 Section 9 for defining payment values for items of work not otherwise covered in the bid schedule. In case of a dispute, the City shall have ultimate authority to define fair market value.
Sample Work Order City of Seaside
FYE 2027 Tree Maintenance On
Call Contract
Packet Page 161
Part III, Page 1
CITY OF SEASIDE
WORK ORDER
Issued To: [Name of Contractor]
FYE 2027 TREE MAINTENANCE ON CALL CONTRACT
For City of Seaside Projects
Agreement No. [________], Dated [__/__/____],
Effective Date of Notice to Proceed: [__/__/____]
Work Order Number: [___AG No.___- W.O. # ] [Project Name] Issue Date: [__/__/____] Account Number: [ ###-####-#### ]
LOCATION: _[Address______________________________]_
DESCRIPTION OF WORK: All Work shall be in accordance with the Tree Maintenance Work Order Contract FY 2026-2027 On Call Contract. This Work Order includes, but not limited to, the following:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________. Work shall be in accordance with the plans and statement of work, Attachment No. 1.
QUANTITIES AND PRICES:
Project Cost shall be ________________ dollars [$---,---.--] 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, Public Works 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
Work Order Form City of Seaside
FYE 2027 Tree Maintenance On Call Contract
Packet Page 162
Part III, Page 1
CONSTRUCTION PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
1.01 1.02
THAT WHEREAS, City of Seaside (Owner”), a municipality incorporated under the laws of the State of California, has awarded to (Name of Contractor) as Principal, Contract Number , dated the day of , 20 (the “Contract”), titled FYE 2027 TREE MAINTENANCE ON CALL CONTRACT in the not to exceed amount of $100,000.00, which Contract is by this reference made a part hereof, for the work of the following Contract:
This is a On Call Work Order contract, which shall be used to provide the City with a readily available work force for repairs, alterations to existing roadway sections, emergency repairs and new construction, as the City deems appropriate. In general, the work consists of repair and replacement of hot-mixed asphalt on existing street segments, as required. The work shall be located in the City of Seaside, CA.
1.03 AND WHEREAS, Principal is required to furnish a bond in connection with the Contract, guaranteeing the faithful performance thereof;
1.04 1.05
1.06 1.07
A.
NOW, THEREFORE, we, the undersigned Principal and <<Name of Surety>> as Surety are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT PRICE to be paid to Owner or its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its heirs, executors, administrators, successors, or assigns approved by Owner, shall promptly and faithfully perform the covenants, conditions, and agreements of the Contract during the original term and any extensions thereof as may be granted by Owner, with or without notice to Surety, and during the period of any guarantees or warranties required under the Contract, and shall also promptly and faithfully perform all the covenants, conditions, and agreements of any alteration of the Contract made as therein provided, notice of which alterations to Surety being hereby waived, on Principal’s part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify, defend, protect, and hold harmless Owner as stipulated in the Contract, then this obligation shall become and be null and void; otherwise it shall be and remain in full force and effect.
No extension of time, change, alteration, modification, or addition to the Contract, or of the work required thereunder, or work or actions by Owner to mitigate the damages resulting from any breach in performance by Contractor, shall release or exonerate Surety on this bond or in any way affect the obligation of this bond; and Surety does hereby waive notice of any such extension of time, change, alteration, modification, or addition.
Whenever Principal shall be and declared by Owner in default under the Contract, Surety shall promptly remedy the default, or shall promptly, and in no event later than thirty (30) days from notice:
Undertake through its agents or independent contractors (but having qualifications and experience reasonably acceptable to Owner), to complete the Contract in accordance with its terms and conditions and to pay and perform all obligations of Principal under the Contract, including without limitation, all obligations with respect to warranties, guarantees, indemnities, and the payment of liquidated damages; or
Construction Performance Bond City of Seaside
FYE 2027 Tree Maintenance On
Call Contract
Packet Page 163
B.
1.08 1.09
1.010
1.11 1.12
Part III, Page 2
Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and, upon determination by Owner of the lowest responsible bidder, arrange for a contract between such bidder and Owner and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Sum, and to pay and perform all obligations of Principal under the Contract, including, without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages; but, in any event, Surety’s total obligations hereunder shall not exceed the amount set forth in the third paragraph hereof. The term “balance of the Contract Sum,” as used in this paragraph, shall mean the total amount payable by Owner to the Principal under the Contract and any amendments thereto, less the amount paid by Owner to Principal.
Surety’s obligations hereunder are independent of the obligations of any other surety for the performance of the Contract, and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the others.
Surety may not use Contractor to complete the Contract absent Owner’s Consent. Owner shall have the right in its sole discretion to continue the work of the Contract, as necessary following a default and/or termination, as necessary to prevent risks of personal injury, property damage or delay to the Project.
No right of action shall accrue on this bond to or for the use of any person or corporation other than Owner or its successors or assigns.
Surety shall join in any proceedings brought under the Contract upon Owner’s demand and shall be bound by any judgment.
Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.
IN WITNESS WHEREOF, we have hereunto set our hands this ________ day of ____________, 20____.
CONTRACTOR AS PRINCIPAL SURETY
Company:
Signature:
(Corp. Seal) Company:
Signature:
(Corp. Seal)
Name and Title:
Address:
Construction Performance Bond
Name and Title:
Address:
City of Seaside
FYE 2027 Tree Maintenance On
Call Contract
Packet Page 164
Part III, Page 1
CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS:
1.01 1.02
1.03 1.04
1.05 1.06
1.07 THAT WHEREAS, City of Seaside (“Owner”) has awarded to <<(Name of Contractor)>> as Principal, Contract Number dated the day of ,20___
(the “Contract”), titled FYE 2027 TREE MAINTENANCE ON CALL CONTRACT in the not to exceed amount of $100,000 per year, which Contract is by this reference made a part hereof, for the work of the following Contract:
This is a On Call Work Order contract, which shall be used to provide the City with a readily available work force for repairs, alterations to existing roadway sections, emergency repairs and new construction, as the City deems appropriate. In general, the work consists of repair and replacement of hot-mixed asphalt on existing street segments, as required. The work shall be located in the City of Seaside, CA.
AND WHEREAS, Principal is required to furnish a bond in connection with the Contract to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;
NOW, THEREFORE, we, the undersigned Principal and <<Name of Surety>> as Surety are held and firmly bound unto Owner in the value equal to ten percent (10%) of the bid amount to be paid to Owner or its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code §9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to Section 13020 of the State of California Unemployment Insurance Code with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.
This bond shall inure to the benefit of any of the persons named in California Civil Code §9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic’s Lien Law.
Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder.
Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with Contract; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.
Construction Labor and Materials
Payment Bond
City of Seaside
FYE 2027 Tree Maintenance On
Call Contract
Packet Page 165
1.08 Part III, Page 2
Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.
IN WITNESS WHEREOF, we have hereunto set our hands this day of , 20___.
CONTRACTOR AS PRINCIPAL SURETY
Company:
Signature
Name
Title
Street Address
(Corp. Seal) Company:
Signature
Name
Title
Street Address
(Corp. Seal)
City, State, Zip Code City, State, Zip Code
Construction Labor and Materials City of Seaside
Payment Bond FYE 2027 Tree Maintenance On Call Contract Packet Page 166
Part III, Page 1
ESCROW AGREEMENT FOR SECURITY DEPOSIT IN LIEU OF RETENTION California Public Contract Code §22300
THIS ESCROW AGREEMENT (“Escrow Agreement”) is made and entered into this day of ______, 20_____, by and between the City of Seaside, (“Owner”), whose address is 440 Harcourt Avenue, Seaside CA 93955, (Name of Contractor) (“Contractor”), whose place of business is located at (Contractor’s Address) , and [ ] Owner, as escrow agent OR [ ] (Name of Bank) , a state or federally chartered bank in the State of California, whose place of business is located at (“Escrow Agent”).
For the consideration hereinafter set forth, Owner, Contractor and Escrow Agent agree as follows:
1. 2.
3. 4.
5. 6.
7. 8.
Pursuant to California Public Contract Code §22300, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to Contract Number ______ entered into between Owner and Contractor for the FYE 2027 TREE MAINTENANCE ON CALL CONTRACT located at 440 Harcourt Avenue, SEASIDE, CA, 93955, in the amount of $ dated , 202_ (the “Contract”). Alternatively, on written request of Contractor, Owner shall make payments of the retention earnings directly to Escrow Agent. When Contractor deposits the securities as a substitute for Contract earnings, Escrow Agent shall notify Owner within ten Days of the deposit. The market value of the securities at the time of substitution shall be at least equal to the cash amount then required to be withheld as retention under terms of Contract between Owner and Contractor. Securities shall be held in name of , and shall designate Contractor as the beneficial owner.
Owner shall make progress payments to Contractor for those funds which otherwise would be withheld from progress payments pursuant to Contract provisions, provided that Escrow Agent holds securities in form and amount specified in Paragraph 1 of this Document.
When Owner makes payment(s) of retention earned directly to Escrow Agent, Escrow Agent shall hold said payment(s) for the benefit of Contractor until the time that the escrow created under this Escrow Agreement is terminated. Contractor may direct the investment of the payments into securities. All terms and conditions of this Escrow Agreement and the rights and responsibilities of the parties shall be equally applicable and binding when Owner pays Escrow Agent directly.
Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account, and all expenses of Owner. Such expenses and payment terms shall be determined by Owner, Contractor, and Escrow Agent.
Interest earned on securities or money market accounts held in escrow and all interest earned on that interest shall be for sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to Owner.
Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from Owner to Escrow Agent that Owner consents to withdrawal of amount sought to be withdrawn by Contractor.
Owner shall have the right to draw upon the securities in event of default by Contractor. Upon seven Days written notice to Escrow Agent from Owner of the default, Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by Owner.
Upon receipt of written notification from Owner certifying that the Contract is final and complete, and that Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
Escrow Agreement for Security
Deposits in Lieu of Retention
City of Seaside
FYE 2027 Tree Maintenance On
Call Contract
Packet Page 167
9. 10.
Part III, Page 2
Escrow Agent shall rely on written notifications from Owner and Contractor pursuant to Paragraphs 5 through 8, inclusive, of this Document and Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release and disbursement of securities and interest as set forth.
Names of persons who are authorized to give written notice or to receive written notice on behalf of Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are set forth below. Either Owner or Contractor may change the names of the person they each authorize to give notice under this Escrow Agreement by providing written notice to the other of such change, along with an exemplar of the person’s signature.
ON BEHALF OF OWNER:
____________________________________
Title
____________________________________
Name
____________________________________
Signature
____________________________________
Address
____________________________________
City/State/Zip Code
ON BEHALF OF ESCROW AGENT:
____________________________________
Title
____________________________________
Name
____________________________________
Signature
____________________________________
Address
____________________________________
City/State/Zip Code
ON BEHALF OF CONTRACTOR:
___________________________________
Title
___________________________________
Name
___________________________________
Signature
___________________________________
Address
___________________________________
City/State/Zip Code
IN WITNESS WHEREOF, the parties have executed this Escrow Agreement by their proper officers on the date first set forth above.
OWNER
________________________________
________________________________
Title
________________________________
Name
________________________________
Signature
ATTEST
_____________________________________
Escrow Agreement for Security
Deposits in Lieu of Retention
CONTRACTOR
_____________________________________
_____________________________________
Title
_____________________________________
Name
_____________________________________
Signature
City of Seaside
FYE 2027 Tree Maintenance On
Call Contract
Packet Page 168
Part III, Page 3
Signature
_____________________________________
Print Name
City Clerk
ESCROW AGENT
_____________________________________
_____________________________________
Title
_____________________________________
Print Name
_____________________________________
Signature
REVIEWED AS TO FORM:
_____________________________________
Counsel for Owner
_____________________________________
Print Name
_____________________________________
Date
At the time the Escrow Account is opened, Owner and Contractor shall deliver to Escrow Agent a fully executed counterpart of this Document.
Escrow Agreement for Security City of Seaside
Deposits in Lieu of Retention FYE 2027 Tree Maintenance On Call Contra Packet Page 169
Part III, Page 1
AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS
[Public Code § 7100]
THIS AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS (“Agreement and Release”), made and entered into this [ date ] day of [ Month ], [ Year ], by and between the City of Seaside (or) Seaside County Sanitation District(“Owner”), and [ Name of Contractor ] (‘Contractor”), whose place of business is at [ Address of Contractor ].
RECITALS
A.
B.
Owner and Contractor entered into Contract Number [ AGxx.xxx ] (the “Contract”) for << INSERT PROJECT NAME >> located at << INSERT LOCATION >>.
The Work under the Contract has been completed.
AGREEMENT
NOW THEREFORE, it is mutually agreed between Owner and Contractor as follows:
1. Contractor will not be assessed liquidated damages except as detailed below:
Original Contract Sum
Modified Contract Sum
Payment to Date
Liquidated Damages
Payment Due to Contractor
$______________________________
$______________________________
$______________________________
$______________________________
$______________________________
2. 3.
4. Subject to the provisions of this Agreement and Release, Owner with forthwith pay to Contractor the sum of [$_____________________ dollars and ______ Cents ($____________)] under the Contract, less any amounts withheld under the Contract or represented by any Notice to Withhold Funds on file with Owner as of the date of such payment.
Contractor acknowledges and hereby agrees that there are no unresolved or outstanding claims in dispute against Owner arising from the Contract, except for the claims described in Paragraph 4.
It is the intention of the parties in executing this Agreement and Release that this Agreement and Release shall be effective as a full, final and general release of all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities of Contractor against Owner, and all of its agents, employees, consultants, inspectors, representatives, assignees and transferees, except for the Disputed Claims set forth in Paragraph 4 of this Document.
Nothing in this Agreement and Release shall limit or modify Contractor’s continuing obligations described in Paragraph 6 of this Document.
The following claims submitted under Part IV Special Provisions - Resolution of Construction Claims, are disputed (hereinafter, the “Disputed Claims”) and are specifically excluded from the operation of this Agreement and Release.
Agreement and Release of
Any and All Claims
City of Seaside
FYE 2027 Tree Maintenance On
Call Contract
Packet Page 170
Part III, Page 2
5. 6.
7. 8.
Consistent with California Public Contract Code §710, Contractor hereby gees that, in consideration of payment set forth in Paragraph 2 of this Document, Contractor hereby releases and forever discharges Owner, and all of its agents, employees, consultants, inspectors, assignees and transferees from any and all liability, claims, demands, actions or causes of action of whatever kind or nature arising out of or in any way concerned with the Work under the Contract.
Guarantees and warranties for the Work, and any other continuing obligation of Contractor, shall remain in full force and effect as specified in the Contract Documents.
Contractor shall immediately defend, indemnify and hold harmless Owner, and of the Owner’s representatives, Project Manager, and all of their agents, employees, consultants, inspectors, assignees and transferees, from any and all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities that may be asserted against then by any of Contractor’s suppliers and/or Subcontractors of any tier and/or any suppliers to them for any and all labor, materials, supplies and equipment used, or contemplated to be used in the performance of the Contact, except for the Disputed Claims set forth in Paragraph 4 of this Document.
Contractor hereby waives the provisions of California Civil Code §1542, which provide as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
9. The provisions of this Agreement and Release are contractual in nature and not mere recitals and shall be considered independent and severable, and if any such provision or any part thereof shall be at any time held invalid in whole or in part under any federal, state, county, municipal or other law, ruling, or regulation, then such provision, or part thereof shall remain in force and effect only to the extent permitted by law, and the remaining provisions of this Agreement and Release shall also remain in full force and effect, and shall be enforceable.
10. Contractor represents and warrants that it is the true and lawful owner of all claims and other matters released pursuant to this Agreement and Release, and that it has full right, title and authority to enter into this instrument. Each party represents and warrants that it has been represented by counsel of its own choosing in connection with this Agreement and Release.
11. All rights of Owner shall survive completion of the Work or termination of the Contract, and execution of this Agreement and Release.
Agreement and Release of City of Seaside
Any and All Claims FYE 2027 Tree Maintenance On Call Contract Claim
No.
Date
Submitted Description of Claim Amount of Claim
Packet Page 171
CONTRACTOR: [CONTRACTOR’S NAME]
By: ______________________________
(Signature)
Its: _______________________________
Title (If Corporation: Chairman, President
or Vice President)
Part III, Page 3
By: _______________________________
(Signature)
Its: ________________________________
Title (If Corporation: Secretary, Assistant
Secretary, Chief Financial Officer or
Assistant Treasurer
OWNER: City of Seaside (or) Seaside County Sanitation District By:
(Signature)
(Print Name)
(Title)
Agreement and Release of
Any and All Claims
City of Seaside
FYE 2027 Tree Maintenance On
Call Contract
Packet Page 172
Part III, Page 1
GUARANTY
TO: The City of Seaside (“Owner”), for construction of FYE 2027 TREE MAINTENANCE ON CALL CONTRACT located at:
Seaside City Hall
440 Harcourt Ave.
Seaside, CA 93955.
The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment incorporated therein in addition to submitting to Owner a Surety Bond in a sum equal to one hundred percent of the Contract price, prior to the date of recording the notice of completion.
Contractor hereby grants to Owner for a period of two (2) years following the date of Final Acceptance of the Work completed, or such longer period specified in the Contract Documents, its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work.
Neither final payment nor use nor occupancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with this Guaranty or relieve Contractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship. Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom, which shall appear within two years, or longer if specified, from the date of Final Acceptance of the Work completed.
If within two (2) years after the date of Final Acceptance of the Work completed, or such longer period of time as may be prescribed by laws or regulations, or by the terms of Contract Documents, any Work is found to be Defective, Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions, correct such Defective Work. Contractor shall remove any Defective Work rejected by Owner and replace it with Work that is not Defective, and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor fails to promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the Defective Work corrected or the rejected Work removed and replaced.
Contractor shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to correct Defective Work, or defects are discovered outside the correction period, Owner shall have all rights and remedies granted by law.
Inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though equipment, materials, or Work required to be provided under the Contract Documents have been inspected, accepted, and estimated for payment, Contractor shall, at its own expense, replace or repair any such equipment, material, or Work found to be Defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the guaranty period.
All abbreviations and definitions of terms used in this Agreement shall have the meanings set forth in the Contract Documents.
The foregoing Guaranty is in addition to any other warranties of Contractor contained in the Contract Documents, and not in lieu of, any and all other liability imposed on Contractor under the Contract Documents and at law with respect to Contractor’s duties, obligations, and performance under the Contract Documents. In the event of any conflict or inconsistency between the terms of this Guaranty and any warranty or obligation of the Contractor under the Contract Documents or at law, such inconsistency or conflict shall be resolved in favor of the higher level of obligation of the Contractor.
Guaranty City of Seaside
FYE 2027 Tree Maintenance On
Call Contract
Packet Page 173
Part III, Page 2
Date: _______________________________, 20___
Contractor's name
By:
Signature
Print Name
Title
Street Address
City, State, Zip code
Guaranty City of Seaside
FYE 2027 Tree Maintenance On
Call Contract
Packet Page 174
Part IV, Page 1
FYE 2027 TREE MAINTENANCE ON CALL CONTRACT
PART IV: SPECIAL PROVISIONS
GENERAL
This is an on-call contract, which shall be used to provide the City with a readily available work force for work including, but not be limited to: estimating the cost of, and performing, tree planting and transplanting, irrigation, pruning, and removal; emergency tree work after normal work hours, and/or at night, and/or on weekends and holidays; electrical conductor clearance, stump and root pruning, grinding and/or removal; hauling and/or disposing of brush, logs, and related debris; temporary traffic control design and implementation for tree work; arboricultural consultation, qualified tree risk assessment, tree health care diagnosis and treatment, report preparation, document review; tree inventory data capture utilizing the City’s tree inventory as the City deems appropriate. In general, the work consists of all phases of tree management, care, and maintenance.
The work shall be located in the City of Seaside, CA. The intention is to use this contract for all phases of tree work, including, but not limited to: planting, pruning, fertilization, transplanting, installation of support systems, installation of lightning protection systems, construction impact management including inspection and implementation of tree protection measures, integrated vegetation management, tree risk assessment, tree removal, and stump grinding. All work shall conform to industry standards as set forth in the American National Standards Institute (ANSI) A-300 Standards, Parts 1-9 and the ANSI Z-133.1 Safety Standards. within the City of Seaside.
In addition, the ANSI Standards and Best Management Practices shall be followed as guidelines during all phases of tree work including, but not limited to: Safety, planting, pruning, fertilization, transplanting, installation of support systems, installation of lightning protection systems, construction impact management inspection and implementation, integrated vegetation management, tree risk assessment, tree removal, and stump grinding.
ADDITIONAL CONTRACT REQUIREMENTS
Contractor must be able to field at least a 4-6 person crew daily consisting of an International Society of Arboriculture Certified Arborist foreman or crew leader, and three to five tree maintenance workers. At least one member of the crew must be an ISA Certified tree worker climbing specialist. Essential daily equipment necessary shall consist of at least one 55-foot reach aerial lift truck, a minimum 5-yard capacity chipper box dump truck, and/or 5-yard capacity dump truck, a tow-behind chipper equivalent to Vermeer 1800 size and capacity chipper, a minimum 300-gallon water truck, and one pickup or other standard light truck.
PLANS AND SPECIFICATIONS
A component in one Contract part applies as if appearing in each. The parts are complementary and describe and provide for a complete work. The work embraced herein shall be done in accordance with the appropriate provisions of the Standard Specifications insofar as the same may apply, and in accordance with the specifications and plans. In case of conflict between the Standard Specifications, Standard Plans, and these Special Provisions and the Plans, the order of precedence shall be as follows:
Special Provisions shall take precedence over Plans and the Plans shall take precedence over Standard Specifications and Standard Plans. These Special Provisions shall also take precedence over conflicting portions of the "General Provisions, Part III" of these project specifications.
UNITS
The plans and specifications are intended to be in imperial units of measurements. Some specifications and plans may be in metric units. It shall be the responsibility of the contractor to convert units for the purpose of submission of cost proposal.
CONTRACT BONDS
For Bid Bond requirements, see Part I, Bid Bond, of these Specifications.
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Part IV, Page 2
The Contractor, at the time of signing and executing the contract, shall execute and file with the City a performance bond to the satisfaction and approval of said City, in the amount of one hundred thousand dollars ($100,000) conditional upon the faithful performance of the contract. For additional information, see Guarantees elsewhere in these specifications.
The Contractor, at the time of signing and executing the contract, shall execute and file with the City a payment bond (public works labor and materials bond) to the satisfaction and approval of said City, in a sum of one hundred thousand dollars ($100,000). Note: Contractor will be required to increase the Contract Bond as Work Orders are issued accordingly.
Please refer to Part III for sample bond forms.
The surety shall be an admitted carrier in California with a valid surety license and possess a minimum rating from A. M. Best Company of A-VII. The Surety and /or co-sureties must be listed as an acceptable surety on federal bonds by the United Stated Department of the Treasury, subject to the maximum amount shown in the listing. If co-sureties are used, their bonds shall be on a joint and several basis.
Notwithstanding the above, the Contractor may substitute adequate securities for any bond called for under the provisions of these Specifications as set forth in Public Contracts Code Section 22300. Alternate security substitutions shall be submitted to the City no later than ten (10) days after written notice that a contract has been awarded to the contractor to allow processing and escrow agreement for in lieu security.
The Contractor shall submit the contract with his signature affixed thereto, required bonds or alternate security and evidence of insurance that conforms to the contract within fifteen (15) calendar days after written notice that a contract has been awarded to him.
The Contractor shall be required to submit additional performance and payment bonds for project Work Orders when the total amount of all Work Orders exceeds the initial bonding amount of ten thousand dollars ($10,000). Additional bonds shall be submitted within fourteen (14) calendar days after the execution of such Work Orders. Additional bonds shall be paid as percent of cost as described in Part II of these Specifications
The Contractor shall maintain the performance bond in full force and effect during the guarantee period for the purpose of insuring that said repairs or replacements will be made, or may, at the Contractor’s option, replace said performance bond for a similar bond in the amount of twenty percent (20%) of the total contract amount, including adjustments, or the original performance bond, whichever is greater.
TIME LIMITS
The Contractor shall submit the contract with his signature affixed thereto, required bonds or alternative security and evidence of insurance that conforms to the contract within fifteen (15) calendar days after written notice that a contract has been awarded to the contractor.
The Contractor shall be ready to commence work effective date of the fully executed contract.
A project specific Work Order notice shall be issued for each project to be performed under this On Call Contract and shall serve as the Notice to Proceed for that specific project.
The Contractor shall diligently prosecute the contract to completion on or before the expiration of contract timeline stated on the project-specific Work Order.
The terms of this On Call Contract shall remain in effect for one year from the effective date of the fully executed contract or until the contract amount of $100,000 is spent, whichever comes first.
The contract with each successful bidder will be for a term of one (1) year with a not-to-exceed annual funding limit of $100,000. The agreement will include an option for an additional two (2) 1-year extensions with a not to exceed annual funding limit of $100,000. The total term of this agreement will not exceed three (3) years. The amount of work to be requested during the one (1) year or optional additional one (1) year contract periods cannot be well defined at the outset. The contractor is not guaranteed any work under this contract.
Work shall be issued through Work Orders.
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Part IV, Page 3
LICENSES AND PERMITS
Prior to the execution of any contractual agreements, the successful Bidder shall obtain a City of Seaside Business License, and all applicable permits (except Coastal Zone Conservation permits) for construction.
SITE INSPECTION
It shall be the Contractor's responsibility to inspect the site and become thoroughly familiar with all aspects of the work to be done.
The submission of a bid shall be conclusive evidence that the Bidder has investigated the site and is thoroughly satisfied as to the conditions to be encountered, as to the character, quality, and scope of the work to be performed; the quantity of materials to be furnished; and as to all the requirements of these specifications.
It shall be the Contractor's responsibility to be aware of surface and subsurface drainage conditions that may exist at the site. The Contractor is further responsible for work necessary to rectify any resulting drainage problems; labor, materials, equipment, and incidentals necessary to achieve the solution shall be borne by the Contractor.
SUBMITTALS
The review of submittals and approval thereof by the City does not relieve the Contractor from compliance with the requirements and intentions of the plans and specifications to which the submittals pertain.
Submittal Format:
1. 2.
Contractor shall submit individually bound copies of all submittals and revised submittals to the City’s construction manager. A minimum of two (2) copies shall be submitted unless otherwise directed. Submittal submission may be done in pdf form via email.
All submittals shall have a cover sheet containing the following:
a.
b.
Submittal date, submittal number and submittal revision number (as applicable), City project name,
3. 4.
5. Each submittal item shall clearly identify the specification section(s) and paragraph(s) for with the submittal item pertains to.
Contractor is not guaranteed a specific review time period. If Contractor requires a quick submittal turnaround of specific submittal items, Contractor must indicate which submittal items require a quick turnaround by attaching a memo to the submittal indicating such and the requested turnaround period. The City shall make every effort to meet the requested review period.
Contractor shall place orders for all materials or equipment in time to prevent any delays to the construction schedule or project completion. If any materials or equipment are not ordered in a timely fashion, any additional charges made by equipment manufacturers and/or suppliers to complete the manufacturer and/or delivery in time to meet the construction schedule or project completion, together with any special handling charges shall be borne by the Contractor.
FYE 2027 TREE MAINTENANCE ON CALL CONTRACT Rev. Aug. 2026 Packet Page 177
Submittal Content and Product Data:
1. 2.
3. 4.
Contractor shall review and accept submittals prior to submission.
Submittals shall contain all required information such as shop drawings, product data, etc.
Each submittal item shall be identified by manufacturer, brand name, trade name, model number, size, rating and additional information as is necessary to properly identify and verify the materials and equipment. The phrase “as specified” is not considered sufficient.
Where possible, submittal information shall be limited to the specific item being submitted. In the event multiple materials or equipment are described in one submittal, Contractor shall clearly identify the pertinent information being submitted on.
Packet Page 178
5. Part IV, Page 4
Accessories, controls, finish, etc. not required to be submitted or identified with the submittal shall be furnished and installed as specified.
CONSTRUCTION SURVEYS
Construction surveys, when required, shall be provided by and paid for by the Contractor and no additional compensation shall be made.
The Contractor shall preserve all stakes and points set for lines, grades, or measurement of the work in their proper places until authorized to remove them by the Engineer. All expenses incurred in replacing stakes that have been removed without proper authority shall be paid by the Contractor.
The City shall be given the opportunity to check forms for line and grade prior to any concrete being placed.
PROTECTION OF PRIVATE PROPERTY
Private property grounds and facilities, if damaged or removed because of the Contractor's operations, shall be restored or replaced to same or better than the original condition and located in the same position and alignment as is reasonably possible. Contractor shall comply with the applicable portions of Section 5-1.36, “Property and Facility Preservation”, Section 7-1.05, “Indemnification”, and Section 7-1.06, “Insurance” of the Standard Specifications.
CONSTRUCTION QUALITY CONTROL
Definitions
Quality Management (QM) - All control and assurance activities instituted to achieve the product quality established by the contract requirements.
Contractor Quality Control (CQC) - The construction contractor's system to manage, control, and document contractor's, suppliers', and subcontractor's activities to comply with contract requirements.
Contractor Responsibility
General: The Contractor shall establish and maintain an effective quality control system in compliance with the Plans and Specifications. The quality control system shall consist of plans, procedures, and organization necessary to provide materials, equipment, workmanship, fabrication, construction, and operations which comply with contract requirements. The system shall cover construction operations both onsite and offsite, and shall be keyed to the proposed construction sequence.
The Quality Control Plan
Quality Control Plans and Procedures.
The Contractor will be required to prepare a Quality Control Plan. This plan shall include, as a minimum, the following:
1. 2.
A description of the quality control procedures, including a chart showing lines of authority and acknowledgement that the Contractor shall implement the control system for all aspects of the work specified and shall report to the project manager or someone higher in the Contractor's organization.
The name, qualifications, duties, responsibilities, and authorities of each person assigned a QC function.
FYE 2027 TREE MAINTENANCE ON CALL CONTRACT Rev. Aug. 2026 Packet Page 179
3. 4.
5. 6.
Part IV, Page 5
A copy of the letter to the Engineer signed by an authorized official of the firm which describes the responsibilities and delegates the authority to implement the QC plan shall be furnished.
Procedure for scheduling and managing submittals, including those of subcontractors, offsite fabricators, suppliers, and purchasing agents.
Control testing procedures for each specific case. Note that in the case of federally-funded projects, QA/QC testing must be performed by the City by a Caltrans-certified lab.
Reporting procedures including proposed reporting formats.
QC Plan Implementation
1. 2.
3. Preconstruction Conference. During the pre-construction conference, a mutual understanding of the CQC system details shall be developed, including the forms for recording the CQC operations, control activities, testing, administration of the system for both onsite and offsite work, and the interrelationship of Contractor's management with the Engineer's inspection. Minutes of the conference shall be prepared by City staff, and be signed by both the Contractor and the Engineer.
The minutes shall become a part of the contract file. There may also be occasions when subsequent conferences will be called to reconfirm mutual understandings.
General. After issuance of the contract, and prior to the start of construction, the Contractor shall furnish, for acceptance by the Engineer, the Contractor Quality Control (CQC) Plan with which he proposes to implement the requirements of Contract Clause entitled "Construction Quality Control".
The plan shall identify personnel, procedures, instructions, records, and forms to be used. If the Contractor fails to submit an acceptable QC plan within the time herein prescribed, the Engineer may refuse to allow construction to start if an acceptable interim plan is not furnished.
Control of Materials, Tests, and Inspections. The contractor shall provide the submittal documents as follows:
As listed below, and noted elsewhere in the Specifications but not limited to the following items, the Quality Control Plan will include the dates for the Contractor to furnish certificates for product, or product test compliance, shop drawings or catalog cuts and requests for inspection or review. a.
b.
c.
Tests and Inspections:
Sub-grade compaction
Aggregate placement and compaction
Forms Placement
Trench backfill and bedding
Reinforcing bar placement
Fill Material (if applicable)
Materials and Materials Certification:
Aggregate Base
Other fill material
Hot Mix Asphalt/Asphalt Concrete
Concrete
Reinforcing Bar
Trench backfill material
Daily Reports
The Contractor shall provide copies of daily reports which describe the work performed, weather conditions, personnel and equipment on site, and quality control activities performed.
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4. 5.
6. Part IV, Page 6
The Contractor will not be paid for work prior to Engineer reviewing and accepting daily reports for the period of time payment is requested.
Acceptance of Plan. Acceptance of the Contractor's plan is required prior to the start of construction. Acceptance is conditional and will be predicated on satisfactory performance during the construction. The Engineer reserves the right to require the Contractor to make changes in the CQC plan and operations as necessary to obtain the quality specified.
Notification of Changes. After acceptance of the QC plan, the Contractor shall notify the Engineer in writing of any proposed change. Proposed changes are subject to acceptance by the Engineer.
Testing and Certification. The Contractor shall pay for all tests and inspections as required by the Plans and Specifications. The Contractor shall furnish certification of materials being used, upon request of the Engineer, without additional charge.
GUARANTEE
Materials and labor guarantees shall be per Part III of these specifications. All warranty shall be to the satisfaction of the City. Final payment will not be released without submission of warrantees.
REGULATIONS
The Contractor and all subcontractors shall give all notices and comply with all laws, ordinances, rules, and regulations applicable to the work, safety and hiring/employment practices. Nothing in the Plans and Specifications shall be construed to permit work not conforming to the regulations and codes set forth herein which include, but are not limited to the following:
1. 2.
3. 4.
5. 6.
7. 8.
9. Americans with Disabilities Act (ADA) accessibility and employment standards. In the event of conflicting federal and state standards, the standard that provides greater access will take precedence.
Seaside City Code, as amended,
City of Seaside Standard Details,
Cal-Trans Greenbook, Standard Details and Specifications Latest edition, California Building Code, latest edition as adopted by the City of Seaside, California Electrical Code, latest edition as adopted by the City of Seaside, California Mechanical Code, latest edition as adopted by the City of Seaside, California Plumbing Code, latest edition as adopted by the City of Seaside, California Green Building Standards Code, latest edition as adopted by the City of Seaside,
10. California Historic Building Code, latest edition as adopted by the City of Seaside,
11. California Occupational Safety and Health Administrative Code, latest edition,
12. California Government Code Section 4216, Protection of Underground Infrastructure,
13. National Fire Protection Associations NFPA 1 Fire Code, latest edition,
14. The California Labor Code,
FYE 2027 TREE MAINTENANCE ON CALL CONTRACT Rev. Aug. 2026 Packet Page 181
Part IV, Page 7
15. Federal Water Pollution Control Act (Clean Water Act), and,
16. Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et seq.).
17. Title 13, California Code of Regulations, Sections 2449, 2449.1, and 2449.2
PUBLIC SAFETY AND PROTECTION OF THE WORK
The Contractor shall furnish, erect and maintain such fences, barricades, guards, lights and other devices as are necessary to prevent accidents and avoid damage to the construction work or injury to the public.
No separate payment shall be made for such work. If in the opinion of the Engineer, adequate barricades or warning devices are not maintained by the Contractor, the City may furnish and erect same and charge the Contractor therefor. Attention is directed to Sections 7-l.03 "Public Convenience" and 7-l.04, "Public Safety", of the Standard Specifications published by the State of California Department of Transportation.
INSURANCE
At or before the date specified in Instructions to Bidders, Contractor shall furnish to the City of Seaside (“Owner”) satisfactory proof that Contractor has taken out for the entire period covered by the Contract the following classes of insurance in the form and with limits and deductibles specified below, unless otherwise specified in Contract Documents:
A.
B.
C.
D.
E.
Comprehensive General Liability Insurance covering claims for personal injury, bodily injury and property damage arising out of the Work and in a form providing coverage not less than that of a Standard Commercial General Liability Insurance policy (“Occurrence Form”). Such insurance shall provide for all operations and include independent contractors, products liability, completed operations for one year after Final Completion and acceptance of the final payment for the Work, contractual liability, and coverage for explosion, collapse, and underground hazards. The limits of such insurance shall not be coverage of less than [$2,000,000] each occurrence, [$4,000,000] general aggregate limit, and [$4,000,000] aggregate for products and completed operations. The policies shall be endorsed to provide Broad Form Property Damage Coverage.
Comprehensive Automobile Liability Insurance covering all owned, non-owned, and hired vehicles. Such insurance shall provide coverage not less than the standard Comprehensive Automobile Liability policy with limits not less than [$1,000,000] each person Bodily Injury, [$1,000,000] each occurrence Bodily Injury, and [$1,000,000] each occurrence Property Damage.
All-Risk Course of Construction Insurance including damage to property owned by Owner, Contractor or third parties caused by fire. Insurance shall be in the amount of 100 percent of the completed value of the Work to be performed under this Contract. Deductible shall not exceed [$10,000.00]. Each loss shall be borne by Contractor.
Workers’ Compensation Insurance for all persons whom the Contractor may employ in carrying out Work contemplated under Contract Documents, in accordance with the Act of Legislature of State of California, known as “Workers’ Compensation Insurance and Safety Act,” approved May 26, 1913, and all acts amendatory or supplemental thereto, in the statutory amount. [Option] Environmental Impairment Liability Insurance covering bodily injury and property damage utilizing an occurrence policy form, in an amount no less than [$1,000,000] combined single limit for each occurrence.
All policies of insurance shall be placed with insurers acceptable to Owner. The insurance underwriter(s) for all insurance policies except Workers’ Compensation shall have an A. M. Best Company rating of [A-, VIII] or better, unless otherwise specified in Contract Documents. Required minimum amounts of insurance may be increased should conditions of Work, in opinion of Owner, warrant such increase.
Contractor shall increase required insurance amounts upon direction by Owner.
Required Endorsements: The policies required under General Conditions and this Document shall be FYE 2027 TREE MAINTENANCE ON CALL CONTRACT Rev. Aug. 2026 Packet Page 182
Part IV, Page 8
endorsed as follows:
A.
B.
C.
Name Owner, its elected and/or appointed governing body and boards, employees, representatives, consultants, and agents, and Project Manager as additional insureds, but only with respect to liability arising out of the activities of the named insured.
Each such policy shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limit of the insurance company’s liability required hereunder.
Should any of the policies identified herein contain a “cross-suits” exclusion, such exclusion must not apply to any additional insureds.
Insurance shall be primary to Owner and no other insurance or self-insured retention carried or held by Owner shall be called upon to contribute to a loss covered by insurance for the named insured.
Certificates of insurance and endorsements shall have clearly typed thereon Owner Contract Number and title of Contract Documents. Written notice of cancellation, non-renewal, or reduction in coverage of any policy shall be mailed to Owner (Attention: Owner Risk Manager / Purchasing Agent) at the address listed in the Contract Agreement, 60 Days in advance of the effective date of the cancellation, non-renewal, or reduction in coverage. Written notice of cancellation for non-payment shall be mailed within 10 Days of cancellation. Contractor shall maintain insurance in full force and effect during entire period of performance of Contract Documents. Contractor shall keep insurance in force during warranty and guarantee periods, except that Contractor may discontinue All-Risk Course of Construction Insurance after Final Payment. At time of making application for extension of time, and during all periods exceeding the Contract Time resulting from any cause, Contractor shall submit evidence that insurance policies will be in effect during requested additional period of time. Upon Owner’s request, Contractor shall submit to Owner, within 30 Days, copies of the actual insurance policies or renewals or replacements.
Contractor shall pay all insurance premiums, including any charges for required waivers of subrogation or the endorsement of additional insureds. If Contractor fails to maintain insurance, Owner may take out comparable insurance, and deduct and retain amount of premium from any sums due Contractor under Contract Documents.
If injury occurs to any employee of Contractor, Subcontractor or sub-subcontractor for which the employee, or the employee’s dependents in the event of employee’s death, is entitled to compensation from Owner under provisions of the Workers’ Compensation Insurance and Safety Act, as amended, or for which compensation is claimed from Owner, Owner may retain out of sums due Contractor under Contract Documents, amount sufficient to cover such compensation, as fixed by the Act, as amended, until such compensation is paid, or until it is determined that no compensation is due. If Owner is compelled to pay compensation, Owner may, in its discretion, either deduct and retain from the Contract Sum the amount so paid, or require Contractor to reimburse Owner.
Nothing herein shall be construed as limiting in any way the extent to which Contractor or any Subcontractor may be held responsible for payment of damages resulting from their operations.
All Subcontractors shall maintain the same insurance required to be maintained by Contractor with respect to their portions of the Work unless otherwise indicated in Contract Documents, and Contractor shall cause the Subcontractors to furnish proof thereof to Owner within ten Days of Owner’s request.
The following provisions apply to any licensed professional engaged by Contractor to perform portions of the Work (“Professional”).
Each Professional shall maintain the following insurance, unless otherwise specified in Contract Documents:
1. Professional Liability Insurance, insuring against professional errors and omissions arising from Professional’s Work on the Project, in an amount not less than [$1,000,000] combined single limit FYE 2027 TREE MAINTENANCE ON CALL CONTRACT Rev. Aug. 2026 Packet Page 183
2. Part IV, Page 9
for each occurrence. If Professional cannot provide an occurrence policy, Professional shall provide insurance covering claims made as a result of performance of Work on this Project and shall maintain such insurance in effect for not less than two years following Final Completion of the Project.
Professional shall satisfy all other provisions of this Document relating to that insurance, including without limitation providing required insurance certificates (containing the required endorsements) before commencing its Work on the Project.
RESPONSIBILITY OF CONTRACTOR AND INDEMNIFICATION
Owner and each of its officers, employees, consultants and agents including, but not limited to, the Board, Project Manager and each Owner’s Representative, shall not be liable or accountable in any manner for loss or damage that may happen to any part of the Work; loss or damage to materials or other things used or employed in performing the Work; injury, sickness, disease, or death of any person; or damage to property resulting from any cause whatsoever except their sole negligence, willful misconduct or active negligence, attributable to performance or character of the Work, and Contractor releases all of the foregoing persons and entities from any and all such claims.
To the furthest extent permitted by law (including without limitation California Civil Code §2782), Contractor shall assume defense of, and indemnify and hold harmless, Owner and each of its officers, employees, consultants and agents, including but not limited to the Board, Project Manager and each Owner’s Representative, from claims, suits, actions, losses and liability of every kind, nature and description, including but not limited to claims and fines of regulatory agencies and attorney’s fees and consultant’s fees, directly or indirectly arising out of, connected with or resulting from performance of the Work, failure to perform the Work, or condition of the Work which is caused in whole or part by any act or omission of Contractor, Subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, resulting from any cause whatsoever except their sole negligence, willful misconduct or active negligence.
With respect to third-party claims against Contractor, Contractor waives any and all rights to any type of express or implied indemnity against Owner and each of its officers, employees, consultants and agents including, but not limited to Owner, the Board, Project Manager and each Owner’s Representative.
Owner shall provide timely notice to Contractor of any third-party claim relating to the Contract Documents, in accordance with Section 9201 of the California Public Contract Code.
Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its Subcontractors of any tier, or the officers or agents of any of them.
To the furthest extent permitted by law (including, without limitation, Civil Code §2782), the indemnities, releases of liability and limitations of liability, claims procedures, and limitations of remedy expressed throughout Contract Documents shall apply even in the event of breach of Contract, negligence (active or passive), fault or strict liability of the party(ies) indemnified, released, or limited in liability, and shall survive the termination, rescission, breach, abandonment, or completion of the Work or the terms of the Contract Documents. If Contractor fails to perform any of these defense or indemnity obligations, Owner may in its discretion back charge Contractor for Owner’s costs and damages resulting therefrom and withhold such sums from progress payments or other Contract moneys which may become due.
The indemnities in the Contract Documents shall not apply to any indemnified party to the extent of its sole negligence or willful misconduct; nor shall they apply to Owner or other indemnified party to the extent of its active negligence.
VERIFICATION OF COVERAGE
Contractor shall furnish the Entity with original certificates and amendatory endorsements, or copies of FYE 2027 TREE MAINTENANCE ON CALL CONTRACT Rev. Aug. 2026 Packet Page 184
Part IV, Page 10
the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the Entity before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
SUBCONTRACTORS
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
SPECIAL RISKS OR CIRCUMSTANCES
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
RESOLUTION OF CONSTRUCTION CLAIMS – ALL CONTRACTOR CLAIMS Applies to ALL Contractor Claims for Time Extension, Payment Not Expressly Provided for, and Payment of Disputed Amounts (Public Contract Code §9204)
1. The following provisions applies to contracts entered into on or after January 1, 2017.
2. In accordance with Section 9204 of the California Public Contract Code, this Section applies to any claim by a contractor in connection with a public works project for:
a.
b.
c.
A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City under a contract for a public works project.
Payment by the City of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.
Payment of an amount that is disputed by the City.
3. Upon receipt of a claim pursuant to this section:
a.
b.
The City shall conduct a reasonable review of the claim and, within a period not to exceed 60 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, the City and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
The claim shall be in writing, include reasonable documentation to substantiate the claim as specified in subsection “d.” below, and be accompanied by the following certification:
“CONTRACT PROVISION REQUIRING PERSONAL CERTIFICATION OF ALL CLAIMS:
I, _________________, BEING THE __________________
(MUST BE AN OFFICER) OF ______________ (GENERAL CONTRACTOR), DECLARE UNDER
PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA, AND DO PERSONALLY CERTIFY AND ATTEST THAT: I HAVE THOROUGHLY REVIEWED THE
ATTACHED CLAIM FOR ADDITIONAL COMPENSATION AND/OR EXTENSION OF TIME, AND KNOW ITS CONTENTS, AND SAID CLAIM IS MADE IN GOOD FAITH; THE SUPPORTING DATA IS TRUTHFUL AND ACCURATE; THAT THE AMOUNT REQUESTED ACCURATELY FYE 2027 TREE MAINTENANCE ON CALL CONTRACT Rev. Aug. 2026 Packet Page 185
c.
d.
e.
f.
Part IV, Page 11
REFLECTS THE CONTRACT ADJUSTMENT FOR WHICH THE CONTRACTOR BELIEVES THE CITY IS LIABLE; AND, FURTHER THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE SECTION 12650, ET SEQ. PERTAINING TO FALSE CLAIMS, AND FURTHER KNOW
AND UNDERSTAND THAT SUBMISSION OR CERTIFICATION OF A FALSE CLAIM MAY LEAD TO FINES, IMPRISONMENT AND/OR OTHER LEGAL CONSEQUENCES.” Claims must be filed on or before the date of final payment. Nothing herein is intended to extend the time limit or supersede notice requirements otherwise provided by Contract for the filing of claims.
The claim must include actual cost documentation, including hours of work performed, equipment operation costs, and labor and overhead costs, which should be established at a standard percentage. Any overhead costs listed when paid, shall provide full and complete payment for any and all overhead, including jobsite overhead, home office overhead, as well as additional costs arising from disruption, re-sequencing or acceleration. Contractor shall provide prompt notification of any disagreement in quantities of work performed along with a detailed accounting by means of a schedule update demonstrating any delays incurred.
If the City needs approval from the City Council to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.
Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. If the City fails to issue a written statement, paragraph 5 of this section shall apply.
4. Following City’s written response:
a.
b.
c.
If the claimant disputes the City's written response, or if the City fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.
Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the claimant sharing the associated costs equally. The City and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation.
Any mediation utilized shall conform to the timeframes in this section.
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d.
e.
Part IV, Page 12
Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
This section does not preclude the City from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties' dispute.
5. Failure by the City to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
6. Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
7. If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a City because privity of contract does not exist, the contractor may present to the City a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the City shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the City and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
8. A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) the City may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
RESOLUTION OF CONSTRUCTION CLAIMS – CLAIMS UNDER $375,000 Applies to claims under $375,000 for Time Extension, Payment Not Expressly Provided for, and Payment of Disputed Amounts (California Public Contract Code §20104 et seq.)
1. In addition to the provisions of California Public Contract Code §9204 applies to all construction claims for: a) a time extension; b) payment of money or damages arising from work done by, or on behalf of, the Contractor pursuant to this Contract which is not otherwise expressly provided for or the Contractor is not otherwise entitled; and c) payment of an amount that is disputed by the City, the following provisions shall also apply to said construction claims of three hundred seventy-five thousand dollars ($375,000) or less.
2. If, following the meet and confer conference, the claim or any portion remains in dispute, the Contractor may file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time Contractor submits its written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference.
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Part IV, Page 13
3. The following procedures are established for all civil actions filed to resolve claims subject to this Section:
a.
b.
c.
d.
e.
Responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within fifteen (15) days by both parties of a disinterested third person as mediator, shall be commenced within thirty (30) days of the submittal, and shall be concluded within fifteen (15) days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
In addition to Chapter 2.5 (commencing with Section 1141.10 of Title 3 of Part 3 of the Code of Civil Procedure (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.
The City shall not fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in this Contract.
In any suit filed under Section 20104.4 of the California Public Contract Code, the City shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law.
PRE-CONSTRUCTION CONFERENCE
Prior to the beginning of any work on this project, a pre-construction conference shall be held at the City of Seaside Public Works Engineering Office located at 440 Harcourt Avenue, Seaside, CA 93955. The date and time of this conference shall be established by the City.
An itemized list of materials and equipment the Contractor proposes to use on the project shall be submitted to the City prior to or during the preconstruction conference.
A preliminary project timeline shall be submitted to the City prior to or during the preconstruction conference.
LIQUIDATED DAMAGES
Unless stated otherwise in the Specifications, it is agreed by the parties to the contract that in case all the work called for under the contract is not completed before or upon the expiration or the time limit as set forth in these specifications, damage will be sustained by the City of Seaside and that it is and will be difficult or impossible to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City of Seaside the sum of one thousand and two hundred dollars ($1,200) per day for each and every day's delay beyond the time prescribed to complete the work or the actual damages ascertained, whichever will be greater; and the Contractor agrees to pay such liquidated damages as herein provided; and in case the same are not paid, agrees that the City of Seaside may deduct the amount thereof from any money due or that may become due the Contractor under the contract.
It is further agreed that, in case the work called for under the contract is not finished and completed in all parts and requirements within the time specified, the City shall have the right to extend the time for FYE 2027 TREE MAINTENANCE ON CALL CONTRACT Rev. Aug. 2026 Packet Page 188
Part IV, Page 14
completion of the contract or not, as may seem best to serve the interest of the City; and if it decides to extend the time limit for the completion of the contract, it shall further have the right to charge to the Contractor, his heirs, assigns or sureties, and to deduct from the final payment of the work, all or any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence and other overhead expenses during the period of such extension, except that the cost of final measurements and preparation of final estimate shall not be included in such charges.
EXCUSE FROM PERFORMANCE
The City and Contractor (collectively "Parties") shall be excused from performing their respective obligations hereunder and from any obligation to pay liquidated damages if they are prevented from so performing by reason of earthquakes, fires, floods, war, civil insurrection, riots, strikes, freight embargoes, and other similar catastrophic events which are beyond the control of and not the fault of the party claiming excuse from performance hereunder. The Parties acknowledge the ongoing Covid-19 pandemic and agree that this pandemic shall not constitute a catastrophic event that would excuse performance under this contract.
The Party claiming excuse from performance shall, within five (5) calendar days after such Party has notice of such cause, give the other Party notice of the facts constituting such cause and asserting its claim to excuse under this Section. If either Party validly exercises its rights under this Section, the Parties hereby waive any claim against each other for any damages sustained thereby. The partial or complete interruption or discontinuance of Contractor's services caused by one (1) or more of the events described in this section shall not constitute a default by Contractor under this contract. Notwithstanding the foregoing, however, if Contractor is excused from performing its obligations hereunder for any of the causes listed in this section for a period of thirty (30) calendar days or more, City shall nevertheless have the right, in its sole discretion, to terminate this contract by giving ten (10) Business Days’ notice to Contractor.
NOTICES
All notices which the City or the Contractor may be required, or may desire, to serve on the other, shall be effective only if delivered by personal delivery or by postage prepaid, First Class Certified Return Receipt Requested United States Mail, addressed to the City or the Contractor at their respective address set forth in the Declaration of Bidder, or such other address(es) as either the City or the Contractor may designate from time to time by written notice to the other in conformity with the provisions hereof. In the event of personal delivery, such notices shall be deemed effective upon delivery, provided that such personal delivery requires a signed receipt by the recipient acknowledging delivery of the same. In the event of mailed notices, such notice shall be deemed effective on the third working day after deposit in the mail.
CONSTRUCTION PROCEDURE
An outline of the proposed construction procedure shall be submitted by the Contractor to the Engineer for review and shall obtain his approval before beginning work. The Engineer will be especially interested in:
1. 2.
3. 4.
Minimizing any interruption to use of driveways (no more than 4 hour interruption). Any interruption more than 4 hours shall be prearranged with the Engineer. Residence occupant shall be notified with a written notice a minimum of three (3) business days in advance.
All vibratory work within 1,000 feet of 1905 Mariposa St. Seaside, CA 93955 requires notification in writing to the resident two (2) weeks in advance of said work. Contractor shall notify City within 24 hours before vibratory work occurs.
Adjacent property owners shall be notified with a written notice a minimum of three (3) business days in advance of any construction impacts.
Minimizing any interruption to building operations and parking lots. Contractor shall notify the Engineer a minimum of one week in advance of any interruptions to building operations and parking lots.
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5. 6.
Part IV, Page 15
Minimizing any hazard to the general public.
Proper handling of hazardous materials.
7. 8.
All work will occur between 7 am and 7 pm Monday through Friday unless otherwise approved in writing.
Contractor shall notify the Engineer a minimum of twenty-four (24) hours in advance of concrete placement for checking and acceptance of forms by the Engineer prior to concrete placement.
Mitigation of concrete placement done without acceptance of forms by the Engineer prior to concrete placement shall be the sole responsibility of the Contractor. The costs of such mitigation shall be borne by the Contractor.
Traffic control requirements cited elsewhere in these Specifications must be considered in the construction procedure submitted to the Engineer.
TRAFFIC CONTROL
Pursuant to the authority contained in the California Vehicle Code, Section 591, the City has determined that within those areas that are within the limits of the project and are open to traffic, the Contractor shall comply with all the requirements set forth in Divisions 11, 12, 13, 14 and 15 of the Vehicle Code. In accordance with the statement in Vehicle Code Section 591, this section shall not relieve the Contractor or any person from the duty of exercising due care. The Contractor shall take all necessary precautions for safe operation of the Contractor's equipment and the protection of the public from injury and damage from the Contractor's equipment.
Traffic control shall conform to the provisions of Section 12, "Temporary Traffic Control” of the Standard Specifications and the most recent revision of the 2014 California Manual on Uniform Traffic Control Devices (CA MUTCD) as adopted by Caltrans.
A Traffic Control Plan (TCP) shall be submitted to the Engineer for approval 7 days in advance of construction and must be applicable to existing site conditions.
Contractor shall notify Seaside Police (831) 394-6811, Seaside Fire Department (831) 899-6790, affected residences, affected businesses, and the Engineering Division Office (831) 899-6835 a minimum of three (3) business days in advance as to proposed closures and alternate routes.
The following shall be incorporated into the Traffic Control Plan:
1. 2.
3. 4.
Two (2) travel lanes shall be open during non-working hours.
At least one (1) travel lane shall remain open during working hours. Flag persons or other appropriate traffic control devices as approved by the Engineer shall be used during periods of oneway travel.
Access to driveways shall be left open unless work is actually being performed in areas fronting the driveway. All driveways shall be accessible during non-working hours. See Construction Procedure elsewhere in these specifications.
No trench shall be left open during non-working hours.
5. Parking restrictions will be acceptable when and where needed.
Engineer).
(All require prior approval of the
The following requirements apply to Traffic Control Plans:
FYE 2027 TREE MAINTENANCE ON CALL CONTRACT Rev. Aug. 2026 Packet Page 190
1. Part IV, Page 16
All Traffic Control Plans shall follow the CA MUTCD Chapter 6. Examples may be found at:
https://dot.ca.gov/-/media/dot-media/programs/safety-programs/documents/camutcd/rev8/camutcd2014-part6h-rev8-a11y.pdf
2. The contractor shall submit a TCP using legible lettering. work zone, lanes, tapers, parking and any staging areas.
Show location and dimensions of the
3. 4.
5. Label streets and proposed traffic control area. Show all nearby streets with street names to assure proper orientation.
Show all affected sidewalks, crosswalks, bike lanes, driveways and intersections in the construction work zone including areas affected by taper transition.
If a sidewalk, crosswalk or path is obstructed or partially obstructed, contractor must then submit an ADA compliant pedestrian traffic control plan in accordance with the CA MUTCD chapter 6D and the Public Rights-of-Way Accessibility Guidelines (PROWAG). Please refer to:
https://dot.ca.gov/-/media/dot-media/programs/safety-programs/documents/camutcd/rev8/camutcd2014-part6d-rev8-a11y.pdf
6. Label all taper lengths and widths, delineator spacing and sign spacing. construction signs, barricades and delineators.
Indicate location of
7. 8.
9. Show all parking restriction zones and signs, as appropriate. Temporary “NO PARKING” signs shall be posted seventy-two (72) hours prior to commencing work.
Indicate on the TCP the duration of the construction work, including dates and times.
Indicate on the TCP the Contractor’s name, address and telephone number. Include the Contractor’s during and after hours Representative’s contact information (name, telephone number).
10. It is the Contractor’s responsibility to assure that all Traffic Control Plans (TCP) and traffic control devices are in compliance with the most recent revision of the 2014 CA MUTCD as adopted by Caltrans.
Traffic Control Plans shall contain the following notes:
1. 2.
Minimum width of temporary traffic lanes is ten (10) feet clear (from delineator or cone base, not center). Minimum width at truck routes is eleven (11) feet clear.
The City Traffic Engineer or their representative has the authority to make any field changes to assure public safety.
3. 4.
All traffic control devices shall be removed from view when not in use. traffic when not in use.
Spacing of channelizing devices shall not exceed twenty-five (25) feet.
Signs shall not be facing
5. 6.
Any road closure also requires notification be provided to the City of Seaside Fire Department and Police Department. Notifications may be made at the non-emergency telephone number, (831) 394-6811.
All temporary traffic delineation (delineators and cones) used shall be a minimum of thirty-six (36) inches tall. Retroreflective bands are required for night time traffic control.
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7. 8.
9. Part IV, Page 17
Any work that disturbs normal traffic signal operations shall be coordinated with the Streets Division and Traffic Signal Maintenance Contractor.
The Contractor is responsible for restoring the road back to satisfactory condition including, but not limited to, paving, striping, markings, signs and traffic signal loop detectors within five (5) calendar days of completion of work at affected intersections or road segments.
Any work that created an undue safety risk or creates severe congestion may be shut down by the City Engineer, their representative, Field Inspector or Police Department personnel.
The Contractor is to notify residences and/or businesses a minimum of three (3) business days in advance of closing access to any driveways or providing any detours or changes in on-street parking. Notifications shall be in writing.
Contractor shall provide all labor and facilities required for safe and expeditious handling of traffic during the course of construction. Contractor shall provide all flaggers, signs, delineators, and barricades required for traffic control and shall modify or remove same at appropriate times. The Engineer shall be the sole judge as to the adequacy of the Contractor's traffic control measures. If such measures are found to be inadequate by the Engineer, the City may furnish and install same and charge the Contractor therefor.
The Contractor shall, at their own expense, construct and maintain in good condition, such detours, detour bridges and temporary crossings for use by the public as deemed necessary or expedient by the Engineer for the proper execution of the work.
The Contractor shall designate a representative who can be reached immediately (24 hours per day) in the event of traffic control device failures.
REMOVAL OF OBSTRUCTIONS
The Contractor shall remove and dispose of all structures, debris or other obstructions of any character to the construction called for in the plans, specifications, and as required by the Public Works Management.
If archeological items or hazardous wastes are discovered during construction operations, the Contractor shall cease operations in those areas and the Contractor shall immediately notify the Engineer.
The Contractor shall remove and dispose of all trees designated for removal as shown on the plans, designated by the specifications and as required by the Engineer for the proper completion of the work.
See Tree Protection Requirements elsewhere in these specifications.
UNDERGROUND UTILITIES
Contractor shall locate all underground obstructions and utilities, (electric, gas, water lines, etc.). Prior to any trenching operation, Contractor shall pothole underground obstructions and utilities that appear to be in conflict with the new construction. The Plans show the approximate location of underground facilities in the project area as they have been provided to the City. Repair of damage to any utility line shown on the Plans with reasonable accuracy shall be made at the Contractor's expense. However, the City shall fairly compensate the Contractor for costs of locating and repairing damage not due to failure of the Contractor to exercise reasonable care, and removing or relocating such facilities not indicated or in a location different from that indicated on the Plans and Specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the City or utility company to provide for removal or relocation of such utility facilities. Contractor shall notify all utility companies of trenching operations forty-eight (48) hours in advance to enable the utility companies to take any action they deem appropriate.
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UTILITY COMPANY COORDINATION
Contractor shall coordinate construction activities with the utility companies as required and shall adjust the construction schedule to accommodate utility relocation as necessary.
CONTRACT PLANS AND SPECIFICATIONS
The Contractor will be supplied with one set of plans and specifications at no expense. A copy of these plans is to be used for the purpose of recording record (as-built) conditions. Additional sets will be furnished on request at the cost of reproduction. The work shall conform to the contract Plans and Specifications, all of which form a part of the contract documents and are available in the office of the City Engineer, City Hall, 440 Harcourt Ave, Seaside, California.
DUST CONTROL
The Contractor shall minimize dust generation from the jobsite and shall spray the site with water or dust palliative as required, in accordance with Section 14-9, “Air Quality”, of the Standard Specifications.
CONSTRUCTION WATER
There are three water system purveyors in Seaside; California American Water (Cal Am), Seaside Municipal Water System, and Marina Coast Water District. Contact Cal Am for a construction water meter at (831) 646-3205 and for Marina Water District contact (831) 883-5929 or email at [email protected].
Seaside Municipal Water System is operated by the Owner and can be obtained from Owner fire hydrants.
The Owner will charge the Contractor for the water used based on the rates specified in the latest “Schedule of Fees and Charges”, available at the Owner’s website, http:/www.ci.seaside.ca.us. The Contractor is required to place a refundable deposit with the City of Seaside Municipal Water System to obtain a water meter; it is the Contractor’s responsibility to return the undamaged water meter to the Water Department at the conclusion of the project.
SANITARY FACILITIES
Contractor may provide his/her own portable sanitary facilities on-site, for the duration of the work.
Coordinate location(s) with the Public Works Manager. Existing City-owned sanitary facilities may be used.
INSPECTION OF WORK
It is the responsibility of the contractor to call for all required inspections within the required time lines. The City of Seaside reserves the right to perform random inspections at any time.
The Public Works Manager shall at all times have access to the work during construction, and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship and character of materials used and employed in the work.
Whenever the work provided and contemplated by the contract shall have been satisfactorily completed and the final cleanup performed, the Engineer will make the final inspection.
RECORD DRAWINGS
A set of marked-up prints, clear, legible, and made with standard drafting tools and indicating all changes, added work, and deviations from the design and reflecting the record (As-Built) condition of the work must be received before the work is considered complete. Existing utilities exposed during construction are to be located, including invert or top elevation, and shown on the Record (As-Built) drawings.
The Record (As-Built) Drawings shall be completed for the Engineer's acceptance before final payment and Notice of Completion on this contract will be made.
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PROJECT CLOSE OUT
All punch list items shall be completed within 20 working days from the final walk inspection. Substantial completion and acceptance letter will be issued after satisfactory completion of punch list items.
Contractor shall complete and submit close out documents, warranties, as built drawings, disposal or recycling tags, maintenance and operation manuals, keys and other deliverables within 30 working days from the issuance of the substantial completion and acceptance letter. Two percent of the project cost in addition to the retention will be withheld until satisfactory submission of all closeout documents.
Final and/or retention invoices shall be submitted within 10 working days from the acceptance of all close out documents.
ENVIRONMENTAL/POLLUTION PREVENTION REQUIREMENTS
Contractor shall comply with all air pollution and environmental control rules, regulations, ordinances and statutes that apply to the project and any work performed pursuant to the contract. Additionally, City Code Chapter 8.46 Storm Water Management Section 8.46.090. Prohibition of Illegal Discharges, states, “No person shall discharge or cause to be discharged into the city storm drain system or watercourses any materials, including, but not limited to, pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water…”
Regardless of project size, the Contractor shall submit a site-specific Erosion and Sediment Control Plan or Storm Water Pollution Prevention Plan for City review and approval prior to start of work. The Contractor shall effectively implement and properly maintain storm water best management practices (BMPs) during construction to prevent discharges of pollutants, and including trash, to local drainages and waterways.
Contractor shall comply with all water quality regulations in Seaside Municipal Code Chapter 8.46 Storm Water Quality Management and Discharge Control, and City Phase II Storm Water Permit requirements as prescribed by the State Water Resources Control Board (SWRCB) and Central Coast Regional Water Quality Control Board (RWQCB) regulations for the prevention of construction site discharges of pollutants, illicit discharges, and enforcement of prohibited and illicit discharges. The contractor shall employ at all times storm water runoff controls and BMPs at the site, including but not limited to erosion prevention, sediment controls, site stabilization, good housekeeping practices, proper materials storage, handling, and waste management, and similar pollution prevention measures to prevent dumping or illegal discharges during construction into the street and/or storm drain system. Storm water management and control practices shall result in the following outcomes on all construction sites, regardless of size:
Protection of storm drain inlets and adjacent waterways must be implemented at all times to prevent illicit discharges of sediment, construction debris and fluids, and waste of any kind; No release of hazardous substances, such as oils, paints, thinners, fuels, and other chemicals; if such a spill occurs that may threaten local water quality, contractor must call 911 immediately and notify City Public Works staff;
Minimization of site disturbance shall be kept to that portion necessary for construction only, and perimeter controls shall be implemented at all times during all weather conditions; Soil stabilization of graded areas shall be in place at all times where construction activities have temporarily and/or permanently ceased;
No deposit of mud, soil, sediment, concrete washout, trash, dewatering, or other similar constructionrelated material or waste shall occur on or into public rights of way, private streets, or into the City’s storm water system and related natural resources, either by direct deposit, dropping, discharge, FYE 2027 TREE MAINTENANCE ON CALL CONTRACT Rev. Aug. 2026 Packet Page 194
Part IV, Page 20
erosion, or tracking by construction vehicles. Any such discharge shall be cleaned-up promptly if an immediate threat to water quality exists, or if not immediate, at the end of the current work shift or workday in which the deposit occurred, whichever comes first; No runoff from graded areas or stockpile areas shall contain sediments and/or pollutants. Stockpiles shall be adequately and securely covered to avoid contact with rainfall and wind to prevent soil and stockpile movement by water and/or wind;
Runoff containing sediments shall be captured in secondary containment structures and either treated to remove sediments prior to discharge or infiltrated in the soil on-site; No exposure of graded areas and stockpile areas to storm water run-on shall occur. Run-on shall be controlled by diversion structures such as dikes, secondary containment, or stockpile covers; and, All hard-surfaced areas are to be swept regularly and free of dirt and construction debris such that the surface of the pavement is clearly visible at all locations, and construction entrance/exist(s) shall be adequately stabilized to prevent tracking of soil/sediment from reaching streets/paved surfaces and drainage pathways.
Best management practices (BMPs) are required to be illustrated in construction Plans and employed on all construction sites as applicable to the construction activity and shall provide for, and not be limited to:
inlet protections, perimeter protections, erosion prevention and soil control measures, soil stabilization measures, spill prevention and discharge control measures; solid waste containment; concrete waste management; proper vehicle and equipment cleaning, fueling, and maintenance; and proper materials management and storage. Detailed procedures to accomplish these protections can be found through the California Storm Water Quality Association’s Construction BMP Handbook Portal, U.S. EPA Construction BMP Database and Factsheets, Caltrans Storm Water Quality Manuals and Handbooks, and the Erosion and Sediment Control Field Manual by San Francisco Bay Regional Water Quality Control Board.
Referenced documents are available for viewing at the City of Seaside Public Works Office at City Hall.
Activities to be performed by Contractor include, but are not limited to:
Development and submittal of an Erosion and Sediment Control Plan or Storm Water Pollution Prevention Plan for City review and approval prior to construction start.
At all times, Contractor shall implement and maintain the temporary and permanent vegetation (if any), erosion and sediment control measures, and other protective BMP measures in good and effective operating condition by performing routine inspections to determine condition and effectiveness of BMPs, restoration needs for destroyed vegetative cover, and by repair of erosion, sediment, and other protective measures.
Contractor shall inspect the following areas at least once every seven (7) calendar days, unless otherwise necessary based on current weather conditions or as directed by City inspector, and always within 24 hours prior to and after any predicted storm:
o
o
o
o
o
o
o
o
Inlet protections and perimeter controls;
Vehicle entry and exist locations;
Vehicle parking and storage areas;
Disturbed areas of the construction site,
Areas that have not been finally stabilized,
Areas used for storage of materials that are exposed to wind or precipitation, Equipment and staging areas that are exposed to wind or precipitation; and, All waste storage and handling devices and areas.
Where sites have been finally stabilized, such inspection shall be conducted at least once every month.
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Part IV, Page 21
Areas noted above shall be inspected for proper BMP implementation and necessary BMP maintenance, as well as evidence of, or the potential for:
o
o
o
Erosion, or
Sediments entering waterways or the drainage system, or Pollutants entering waterways or the drainage system.
Erosion and sediment control measures shall be observed and maintained to ensure that they are operating correctly. Discharge locations or points shall be inspected regularly to ascertain whether erosion control measures are effective in preventing sedimentation and subsequent degradation of receiving water quality in violation of receiving water quality standards. Vehicle entry and exist locations shall be inspected for evidence of offsite sediment and pollutant tracking and need for cleanup and improved BMP protection measures
Deficiencies observed during inspections shall be noted and rectified before the end of the workday.
Additionally, the Contractor shall comply with the State Water Resources Control Board’s Construction General Permit (CGP), as applicable to the project. Projects subject to the CGP include those that disturb one or more acres of soil, are less than one acre and are part of a common plan of development or sale, or applicable Linear Underground/Overhead Projects, and are required to obtain coverage under the State’s CGP for Discharges of Storm Water associated with Construction Activity Construction General Permit Order 2009-0009-DWQ, and subsequent amendments thereto. Construction activities subject to this permit include clearing, grading, and disturbances to the ground such as stockpiling, or excavation, but do not include regular maintenance activities performed to restore the original line, grade, or capacity of the facility.
Application for CGP coverage is made by the Contractor through a Notice of Intent (NOI) to the SWRCB and involves much interaction with the applicable RWQCB as CGP regulator. The Contractor shall develop and supply the City with NOI and associated Storm Water Pollution Prevention Plan (SWPPP) for review and records purposes.
CGP coverage requires the development and implementation of a SWPPP. The SWPPP contents are mandated by the SWRCB and are subject to change, and typically contain site map(s) which shows the construction site perimeter, existing and proposed buildings, lots, roadways, storm water collection and discharge points, general topography both before and after construction, and drainage patterns across the project. The SWPPP must illustrate the placement of BMPs for the construction project and list pollution prevention BMPs the discharger will use to protect storm water runoff. Additionally, applicable SWPPPs must contain a visual monitoring program and a chemical monitoring program for "non-visible" pollutants to be implemented. All SWPPPs must be developed by a Qualified SWPPP Developer (QSD) and implemented by a Qualified SWPPP Practitioner (QSP), and supplied to the City for review and comment.
Additional CGP information on can be found at the State Water Resources Control Board CGP website:
https://www.waterboards.ca.gov/water_issues/programs/stormwater/construction.html Construction site storm water management and control measures shall be implemented year-round regardless of “season”. All construction site BMPs shall be implemented at the appropriate level for the construction activity at hand and in a proactive manner during all seasons while construction is ongoing.
In addition to inspections performed by the City, the City’s Public Works Inspector or Code Compliance representative may perform periodic site monitoring visits to ensure the contractor complies with the requirements specified herein. The City shall provide copies of the completed site monitoring reports to the Contractor. In the event work is found non-compliant, a follow up site monitoring visit will be conducted to ensure non-compliant items have been corrected to the satisfaction of the City. If non-compliant items are not properly addressed prior to the follow up site monitoring visit, the costs associated with additional follow up site monitoring visits shall be deducted from the Contractor’s final payment.
FYE 2027 TREE MAINTENANCE ON CALL CONTRACT Rev. Aug. 2026 Packet Page 196
Part IV, Page 22
TREE PROTECTION REQUIREMENTS
The following guidelines shall be followed:
1. 2.
3. 4.
5. To protect Monterey pine forest habitat and associated species, including Yadon’s piperia, all Monterey pines scheduled for preservation within 100 feet of the project area will be treated for bark beetles prior to construction. Freshly wounded pine material can attract damaging beetles to the site. Treatment methods and timing of application will be per the International Society of Arboriculture recommendations and be in accordance with the USAG POM’s Integrated Pest Management Plan. If a broad-spectrum insecticide is planned for use in Yadon’s piperia habitat, treatment will not occur during the flowering season (May to July) for Yadon’s piperia, so that potential effects on pollinators are minimized. During the growing season (December to July) of the plant, a qualified biologist will flag and cover Piperia individuals where necessary prior to treatment. Any pesticides and methods used will follow current USFWS-recommended strategies.
All cut, fill and/or building foundations shall be located a minimum of three times the diameter at breast height (DBH) of the tree away from the outside edge of the trunk of all trees scheduled for preservation. However, the minimum distance permitted shall be 6 feet away from the outside edge of the trunk for all trees of a trunk diameter less than 2 feet. The DBH of a tree shall be measured at 4 feet, 6 inches above the surrounding grade.
All trees scheduled for preservation shall be temporarily fenced during construction. Fencing shall be installed prior to any construction-related activities at the site. Generally, fencing shall be located at the edge of the root zone. The root zone is determined to be that area located out a distance 15 times the DBH in all directions. If that is not feasible, the fence may be installed just outside the perimeter of the drip line. At no time shall the fencing be located closer than three times the DBH away from the outside edge of the trunk. Fencing shall consist of chain-link or plastic-link fence. Fencing shall be rigidly supported and maintained during all construction periods at a minimum height of 4 feet above grade. Fenced areas shall not be used for material stockpile, equipment storage, vehicle parking or pedestrian or vehicle access. Dumping of materials, chemicals, or garbage shall be prohibited within the fenced area. Fenced areas shall be maintained in a natural condition and not compacted. All trees required to be fenced shall be clearly marked with a spot of paint. The paint marking is required to alert government inspectors that the subject tree or tree(s) are to be fenced at all times during construction. Removal of fencing shall be approved by the City Engineer.
All construction materials or utility lines must be placed outside the drip line of any preserved trees. In cases where alternative routes are not available, utility conduit, pipe, wire and drain lines shall be tunneled under major roots, defined as those that exceed 2 inches in diameter.
Under the following circumstances, no mitigation will be required:
A. Trees damaged by thunderstorms, windstorms, floods, earthquakes, fires, or other natural disasters.
B. Trees that pose a hazard to infrastructure or buildings, and/or have determined to be dangerous by the City Fire Marshall, in their official capacity.
C. Non-native/invasive trees of any size or condition.
FYE 2027 TREE MAINTENANCE ON CALL CONTRACT Rev. Aug. 2026 Packet Page 197
ADDENDUM No. 1
For the
FY 2027 TREE MAINTENANCE ON CALL CONTRACT
August 20, 2026
Addendum No. 1 is being issued for clarifications and revisions to the contract documents for the FY 2027 Tree Maintenance On Call Contract.
The clarifications and revisions declared in this addendum are an essential element to the contract documents. The contract documents to be executed will contain a copy of this addendum. This Addendum shall supersede the original Contract Documents, and previous Addenda wherein it contradicts the same and shall take precedence over anything to the contrary therein.
CLARIFICATIONS
1. Questions: Does PART C: EXPERIENCE OF APPURTENANCE / RETROFIT CONTRACTOR CLASS A OR C-12 LICENSURE need to be completed since the contract does not require these licenses? Only requires Class C-61/D-49 Contractor's license.
Answer: No, PART C: EXPERIENCE OF APPURTENANCE / RETROFIT CONTRACTOR CLASS A OR C-12 LICENSURE does not need to be completed.
2. Questions: Considering this is a tree maintenance project, shouldn’t the new C-49 contractor’s license be required given that the C61/D49 is not outdated? Answer: Yes, the new C-49 contractor’s license is required.
3. Questions: What will be the main determining factors that the City will consider when deciding to award 1, 2, or 3 contractors?
Answer: The main determining factor when deciding to award the contract is the lowest responsive responsible bidder as defined in Part II, Basis of Award.
4. Questions: Will the City consider the proximity of a bidder’s facility to the city in the evaluation of this bid? Especially in terms of emergency response time.
Answer: Yes, proximity to the City is considered in evaluation of this bid. The contractor shall respond to emergency calls withing an hour window and have equipment on the scene within two hours.
5. Questions: How will the City evaluate a responsible bidder? Specifically, what statistics will be used? Number of employees? ISA Certifications? Equipment available? Experience with similar size projects?
Answer: The City will evaluate all parts of the bid.
6. Questions: Will the City consider whether a bidder is signatory to a labor union? Answer: Yes, all bids are acceptable.
Packet Page 198
Addendum #1
Citywide Tree Maintenance On-Call