Salinas City Council
June 11, 2024

Form: Professional Services Agreement v. November 2023 Page 1 of 40 TRB and Associates, Inc.

June 2024

AGREEMENT

FOR PROFESSIONAL SERVICES

BETWEEN

THE CITY OF SALINAS AND TRB AND
ASSOCIATES, INC.

Form: Professional Services Agreement v. November 2023 Page 2 of 40 TRB and Associates, Inc.

June 2024

Contents
RECITALS ..................................................................................................................................... 4 TERMS ........................................................................................................................................... 4

1. Scope of Service. ................................................................................................................. 4

2. Term; Completion Schedule. ............................................................................................... 4

3. Compensation. ..................................................................................................................... 4

4. Billing. ................................................................................................................................. 4

5. Meet & Confer. .................................................................................................................... 5

6. Additional Copies................................................................................................................. 5

7. Responsibility of Consultant. ............................................................................................... 5

8. Responsibility of City. ......................................................................................................... 5

9. Acceptance of Work Not a Release. .................................................................................... 6

10. Indemnification and Hold Harmless. ................................................................................... 6

11. Insurance. ............................................................................................................................. 6

12. Access to Records. ............................................................................................................... 6

13. Non-Assignability. ............................................................................................................... 6

14. Changes to Scope of Work. ................................................................................................. 6

15. Ownership of Documents. ................................................................................................... 7

16. Termination. ......................................................................................................................... 7

17. Compliance with Laws, Rules, and Regulations. ................................................................ 8

18. Exhibits Incorporated. .......................................................................................................... 8

19. Independent Contractor. ....................................................................................................... 8

20. Integration and Entire Agreement. ....................................................................................... 8

21. Jurisdiction and Venue. ........................................................................................................ 8

22. Severability .......................................................................................................................... 8

23. Notices. ................................................................................................................................ 9

24. Nondiscrimination................................................................................................................ 9

25. Conflict of Interest. .............................................................................................................. 9

26. Headings. ........................................................................................................................... 10

27. Attorneys’ Fees .................................................................................................................. 10

28. Non-Exclusive Agreement. ................................................................................................ 10

29. Rights and Obligations Under Agreement. ........................................................................ 10

30. Licenses.............................................................................................................................. 10

31. Counterparts. ...................................................................................................................... 10 F
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32. Legal Representation. ................................ ........................................................................ 10

33. Joint Representation. ................................ .......................................................................... 10

34. Warrant y of Authority. ....................................................................................................... 11

35. No Waiver of Rights. ................................ ......................................................................... 11 Exhibit A- Insurance Requirements .............................................................................................. 12 Exhibit B- Scope of Service .......................................................................................................... 34

Form: Professional Services Agreement v. November 2023 Page 4 of 40 TRB and Associates, Inc.

June 2024

AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SALINAS AND TRB AND ASSOCIATES, INC.

This Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this 11th day of June 2024, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and TRB and Associates, Inc. a California corporation (hereinafter “Consultant”).

RECITALS

WHEREAS, Consultant represents that he, she, or it is specially trained, experienced, and competent to perform the special services which will be required by this Agreement; and

WHEREAS, Consultant is willing to render such professional services, as hereinafter defined, on the following terms and conditions.

NOW, THEREFORE, City and Consultant agree as follows:

TERMS

1. Scope of Service. The project contemplated and the scope of Consultant’s services are described in Exhibit B, attached hereto and incorporated herein by reference.

2. Term; Completion Schedule. This Agreement shall commence on June 12, 2024, and shall terminate on June 30, 2026, unless extended in writing by either party upon (30) days written notice. This Agreement may be extended only upon mutual written consent of the parties, and may be terminated only pursuant to the terms of this Agreement.

3. Compensation. City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation as set forth in Exhibit B. The total amount of compensation to be paid under this Agreement shall not exceed $600,000.

4. Billing. Consultant shall submit to City an itemized invoice, prepared in a form satisfactory to City, describing its services and costs for the period covered by the invoice.

Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant’s bills shall include the following information to which such services cost or pertain:

(A) A brief description of services performed;
(B) The date the services were performed;
(C) The number of hours spent and by whom;
(D) A brief description of any costs incurred; and
(E) The Consultant’s signature.

Form: Professional Services Agreement v. November 2023 Page 5 of 40 TRB and Associates, Inc.

June 2024

Any such invoices shall be in full accord with any and all applicable provisions of this Agreement.

City shall make payment on each such invoice within thirty (30) days of receipt; provided, however, that if Consultant submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement, City shall not be obligated to process any payment to Consultant until thirty (30) days after a correct and complying invoice has been submitted by Consultant. The City shall process undisputed portion immediately.

5. Meet & Confer. Consultant agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by the City to ensure timely and adequate performance of the Agreement.

6. Additional Copies. If City requires additional copies of reports, or any other material which Consultant is required to furnish as part of the services under this Agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the actual costs related to the production of such copies by Consultant.

7. Responsibility of Consultant. By executing this Agreement, Consultant agrees that the services to be provided and work to be performed under this Agreement shall be performed in a fully competent manner. By executing this Agreement, Consultant further agrees and represents to City that the Consultant possesses, or shall arrange to secure from others, all of the necessary professional capabilities, experience, resources, and facilities necessary to provide the City the services contemplated under this Agreement and that City relies upon the professional skills of Consultant to do and perform Consultant’s work. Consultant further agrees and represents that Consultant shall follow the current, generally accepted practices in this area to the profession to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the projects for which the services are rendered under this Agreement.

8. Responsibility of City. To the extent appropriate to the projects to be completed by Consultant pursuant to this Agreement, City shall:

(A) Assist Consultant by placing at its disposal all available information pertinent to the projects, including but not limited to, previous reports and any other data relative to the projects. Nothing contained herein shall obligate City to incur any expense in connection with completion of studies or acquisition of information not otherwise in the possession of City.

(B) Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by Consultant, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the services of Consultant.

(C) David Gonzalves, Community Development Assistant D irector, shall act as City’s representative with respect to the work to be performed under this Agreement. Such person shall have the complete authority to transmit instructions, receive information, interpret

Form: Professional Services Agreement v. November 2023 Page 6 of 40 TRB and Associates, Inc.

June 2024

and define City’s policies and decisions with respect to materials, equipment, elements, and systems pertinent to Consultant’s services. City may unilaterally change its representative upon notice to the Consultant.

(D) Give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any defect in a project.

9. Acceptance of Work Not a Release. Acceptance by the City of the work to be performed under this Agreement does not operate as a release of Consultant from professional responsibility for the work performed.

10. Indemnification and Hold Harmless.

Consultant shall defend, indemnify, and hold harmless the City and its officers, officials, employees, volunteers, and agents from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of work hereunder, including the performance of work of any of Consultant’s subcontractors or agents, or Consultant’s failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City.

11. Insurance. Consultant shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Exhibit A hereto.

12. Access to Records. Consultant shall maintain all preparatory books, records, documents, accounting ledgers, and similar materials including but not limited to calculation and survey notes relating to work performed for the City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit, and copying at reasonable times during Consultant’s usual and customary business hours.

Consultant shall provide proper facilities to City’s representative(s) for such access and inspection.

13. Non-Assignability. It is recognized by the parties hereto that a substantial inducement to City for entering into this Agreement was, and is, the professional reputation and competence of Consultant. This Agreement is personal to Consultant and shall not be assigned by it without express written approval of the City.

14. Changes to Scope of Work. City may at any time, and upon a minimum of ten (10) days written notice, seek to modify the scope of services to be provided for any project to be completed under this Agreement. Consultant shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Upon agreement between City and Consultant as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes.

Execution of the amendment by City and Consultant shall constitute the Consultant’s notice to proceed with the changed scope.

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15. Ownership of Documents. Title to all final documents, including drawings, specifications, data, reports, summaries, correspondence, photographs, computer software (if purchased on the City’s behalf), video and audio tapes, software output, and any other materials with respect to work performed under this Agreement shall vest with City at such time as City has compensated Consultant, as provided herein, for the services rendered by Consultant in connection with which they were prepared. City agrees to hold harmless and indemnify the Consultant against all damages, claims, lawsuits, and losses of any kind including defense costs arising out of any use of said documents, drawings, and/or specifications on any other project without written authorization of the Consultant.

16. Termination.

(A) City shall have the authority to terminate this Agreement, upon ten days written notice to Consultant, as follows:

(1) If in the City’s opinion the conduct of the Consultant is such that the interest of the City may be impaired or prejudiced, or

(2) For any reason whatsoever.

(B) Upon termination, Consultant shall be entitled to payment of such amount as fairly compensates Consultant for all work satisfactorily performed up to the date of termination based upon the Consultant’s rates shown in Exhibit B and/or Section 3 of this Agreement, except that:

(1) In the event of termination by the City for Consultant’s default, City shall deduct from the amount due Consultant the total amount of additional expenses incurred by City as a result of such default. Such deduction from amounts due Consultant are made to compensate City for its actual additional costs incurred in securing satisfactory performance of the terms of this Agreement, including but not limited to, costs of engaging another consultant(s) for such purposes. In the event that such additional expenses shall exceed amounts otherwise due and payable to Consultant hereunder, Consultant shall pay City the full amount of such expense.

(C) In the event that this Agreement is terminated by City for any reason, Consultant shall:

(1) Upon receipt of written notice of such termination promptly cease all services on this project, unless otherwise directed by City; and

(2) Deliver to City all documents, data, reports, summaries, correspondence, photographs, computer software output, video and audio tapes, and any other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Such material is to be delivered to City in completed form; however,

Form: Professional Services Agreement v. November 2023 Page 8 of 40 TRB and Associates, Inc.

June 2024

notwithstanding the provisions of Section 15 herein, City may condition payment for services rendered to the date of termination upon Consultant’s delivery to the City of such material.

(D) In the event that this Agreement is terminated by City for any reason, City is hereby expressly permitted to assume the projects and complete them by any means, including but not limited to, an agreement with another party.

(E) The rights and remedy of the City and Consultant provided under this Section are not exclusive and are in addition to any other rights and remedies provided by law or appearing in any other section of this Agreement.

17. Compliance with Laws, Rules, and Regulations . Services performed by Consultant pursuant to this Agreement shall be performed in accordance and full compliance with all applicable federal, state, and City laws and any rules or regulations promulgated thereunder.

18. Exhibits Incorporated. All exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference. In the event there is a conflict between any of the terms of this Agreement and any of the terms of any exhibit to the Agreement, the terms of the Agreement shall control the respective duties and liabilities of the parties.

19. Independent Contractor. It is expressly understood and agreed by both parties that Consultant, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the City. Consultant expressly warrants not to represent, at any time or in any manner, that Consultant is an employee or servant of the City.

20. Integration and Entire Agreement. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters contained herein. This Agreement may not be modified or altered except by amendment in writing signed by both parties.

21. Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas.

Jurisdiction of litigation arising from this Agreement shall be in the State of California, in the County of Monterey or in the appropriate federal court with jurisdiction over the matter.

22. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.

Form: Professional Services Agreement v. November 2023 Page 9 of 40 TRB and Associates, Inc.

June 2024

23. Notices.

(A) Written notices to the City hereunder shall, until further notice by City, be addressed to:

Community Development Assistant Director
City of Salinas
65 W. Alisal Street
Salinas, California 93901

With a copy to:

City Attorney
City of Salinas
200 Lincoln Avenue
Salinas, California 93901

(B) Written notices to the Consultant shall, until further notice by the Consultant, be addressed to:

Todd Bailey
Principal & Founder
1265 El Camino Real, Suite 209
Santa Clara, CA 95050
[email protected]
(925) 876-4596

(C) The execution of any such notices by the Assistant Director shall be effective as to Consultant as if it were by resolution or order of the City Council, and Consultant shall not question the authority of the City Manager to execute any such notice.

(D) All such notices shall either be delivered personally to the other party’s designee named above, or shall be deposited in the United States Mail, properly addressed as aforesaid, postage fully prepaid, and shall be effective the day following such deposit in the mail.

24. Nondiscrimination. During the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability. Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability.

25. Conflict of Interest. Consultant warrants and declares that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, in any manner or degree which will render the services required under the provisions of this Agreement a violation

Form: Professional Services Agreement v. November 2023 Page 10 of 40 TRB and Associates, Inc.

June 2024

of any applicable local, state or federal law. Consultant further declares that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Government Code section 81000 et seq.) and Salinas City Code Chapter 2A that apply to Consultant as the result of Consultant’s performance of the work or services pursuant to the terms of this Agreement.

26. Headings. The section headings appearing herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this Agreement.

27. Attorneys’ Fees. In case suit shall be brought to interpret or to enforce this Agreement, or because of the breach of any other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover their reasonable attorneys’ fees in addition to such costs as may be allowed by the Court. City’s attorneys’ fees, if awarded, shall be calculated at the market rate.

28. Non-Exclusive Agreement. This Agreement is non-exclusive and both City and Consultant expressly reserves the right to contract with other entities for the same or similar services.

29. Rights and Obligations Under Agreement. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.

30. Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its representatives, agents or subcontractors by federal, state or local law, Consultant warrants that such license has been obtained, is valid and in good standing, and that any applicable bond posted in accordance with applicable laws and regulations.

31. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.

32. Legal Representation. Each party affirms that it has been represented, if it so chose, by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this Agreement and is fully aware of its contents and its legal effect. Neither party is relying on any statement of the other party outside the terms set forth in this Agreement as an inducement to enter into this Agreement.

33. Joint Representation. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall be applicable or invoked.

F
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34. Warranty of Authority . E ach party represents and warrants that it has the right, power, and authority to enter into this Agreement. Each party further represents and warrants that it has given any and all notices, and obtained any and all consents, powers, and authorities, necessary to permit it, and the persons entering into this Agreement for it, to enter into this Agreement.

35. No Waiver of Rights. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. The failure to provide notice of any breach of this Agreement or failure to comply with any of the terms of this Agreement shall not constitute a waiver thereof.

Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or any other provision. A waiver by the City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.

IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date first written above.

CITY OF SALINAS
____________________________
Rene Mendez
City Manager
AP
PROVED AS TO FORM:
_________________________
□ Christopher A. Callihan, City Attorney, or
□ Rhonda Combs, Assistant City Attorney
CO

NSULTANT
___________________________________
By:

Todd Bailey, PE, LEED AP, CASp, MBA
Its: Principal and Founder

Form: Professional Services Agreement v. November 2023 Page 12 of 40 TRB and Associates, Inc.

June 2024

Exhibit A- Insurance Requirements

Insurance Requirements
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees, or subcontractors. With respect to General Liability and Professional Liability, coverage should be maintained for a minimum of five (5) years after Agreement completion.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
(A) Commercial General Liability (“CGL”): Insuranc e Services Office Form (“ISO”) CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (B) Automobile Liability: ISO Form CA 0001 covering any auto , or if Consultant has no owned autos, hired and non- owned, with limits no less than $1,000,000 per accident for bodily injury and property damage.
(C) Workers’ Compensation insurance as required by the State of California, with S tatutory Limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
(D) Professional Liability (also known as Errors and Omissions) insurance appropriate to the work being performed, with limits no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate per policy period of one year.

If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Salinas requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City of Salinas, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85, or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Form: Professional Services Agreement v. November 2023 Page 13 of 40 TRB and Associates, Inc.

June 2024

Primary Coverage
For any claims related to this Agreement or the project described within this Agreement, the Consultant’s insurance coverage shall be primary coverage at least as broad as ISO Form CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

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

Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.

Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Salinas for all work performed by the Consultant, its employees, agents, and subcontractors.

Self-Insured Retentions
Self-insured retentions must be declared by Consultant to and approved by the City. At the option of the City, Consultant shall provide coverage to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the consultant shall provide evidence satisfactory to the City guaranteeing payment of losses and related investigations, claim administrations, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of this Agreement or the beginning of Agreement work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.

4. A copy of the claims reporting requirements must be submitted to the City for review.

Form: Professional Services Agreement v. November 2023 Page 14 of 40 TRB and Associates, Inc.

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Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable insurance language effecting coverage required by this Agreement. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
Consultant shall require and verify that all sub-consultants and/or subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from such sub-consultants and/or subcontractors.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Maintenance of Insurance
Maintenance of insurance by Consultant as specified shall in no way be interpreted as relieving Consultant of its indemnification obligations or any responsibility whatsoever and the Consultant may carry, at its own expense, such additional insurance as it deems necessary.

05/21/2024
The Liberty Company Insurance Brokers
Lic #0D79653
5955 De Soto Ave, Ste 250
Woodland Hills CA 91367
David Saechao
(888) 918-3960
[email protected]

TRB AND ASSOCIATES
3180 CROW CANYON PL #216
SAN RAMON CA 94583
Continental Casualty Company 20443
National Fire Ins Co of Hartford 20478
Transportation Insurance Co 20494
Employers Preferred Ins. Co. 10346
U. S. Specialty Insurance Co. 29599
CL23102782067
A 2097186534 11/10/2023 11/10/2024
2,000,000
1,000,000
10,000
2,000,000
4,000,000
4,000,000
B 7013446068 11/10/2023 11/10/2024
1,000,000
C
0 7036238862 11/10/2023 11/10/2024
2,000,000
2,000,000
D EIG463819503 11/10/2023 11/10/2024
1,000,000
1,000,000
1,000,000
E
Professional Liability (E&O)
USS2334220 11/10/2023 11/10/2024
each claim 2,000,000
aggregate 2,000,000
retention 25,000
Whereby required by written contract or agreement, Certificate Holder is included as an Additional Insured under the Commercial General Liability on a Primary/Non-Contributory basis. Waiver of Subrogation in favor of the Additional Insured applies to the General Liability.

City of Salinas
65 West Alisal Street
Salinas CA 93901

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certific ate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$

PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER
LIMITS
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCE
LTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB

UMBRELLA LIAB
$EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY
PRO-
JECT
LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
Policy # 2097186534

Policy # 2097186534

2018 Liberty Mutual Insurance
I n c l u d e s c o p y r i gh t e d m a t e ri a l o f I n s u r an c e S e r v i c e s O ff i c e , I n c ., w i t h P i t s a gp e e r m 1 i s o s f i o 7 n . AC 85 43 06 18

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CALIFORNIA BUSINESS AUTO COVERAGE

ENHANCEMENT ENDORSEMENT

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement.

If the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged in that specified state.

COVERAGE INDEX

SUBJECT PROVISION NUMBER

ACCIDENTAL AIRBAG DEPLOYMENT

12 ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT

3 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS

20 AMENDED FELLOW EMPLOYEE EXCLUSION

5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE

14 BODILY INJURY REDEFINED 24

EMPLOYEES AS INSUREDS (Including Employee Hired Auto)

2 EXTRA EXPENSE - BROADENED COVERAGE

10 GLASS REPAIR - WAIVER OF DEDUCTIBLE

16 HIRED AUTO COVERAGE TERRITORY

22 HIRED AUTO PHYSICAL DAMAGE (Including Employee Hired Auto)

6 LOAN / LEASE GAP (Coverage Not Available In New York)

15 NEWLY FORMED OR ACQUIRED SUBSIDIARIES

1 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE)

17 PERSONAL EFFECTS COVERAGE

11 PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE

8 PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM

13 PRIMARY AND NON - CONTRIBUTORY - WRITTEN CONTRACT OR WRITTEN AGREEMENT

23 RENTAL REIMBURSEMENT 9

SUPPLEMENTARY PAYMENTS 4

TOWING AND LABOR 7

TWO OR MORE DEDUCTIBLES 18

UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS

19 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US

SECTION II - LIABILITY COVERAGE is amended as follows:

21 1. NEWLY FORMED OR ACQUIRED SUBSIDIARIES
SECTION II - LIABILITY COVERAGE , Paragraph A.1. Who Is An Insured is amended to include the following as an "insured":
d. Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period. Coverage is afforded only for 90 days from the date of acquisition or formation.

However, "insured" does not include any organization that:
(1) Is a partnership or joint venture; or
(2) Is an "insured" under any other automobile policy except a policy written specificall y to apply in excess of this policy; or
(3) Has exhausted its Limit of Insurance or had its policy terminated under any other automobile policy.
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2018 Liberty Mutual Insurance
I n c l u d e s c o p y r i gh t e d m a t e ri a l o f I n s u r an c e S e r v i c e s O ff i c e , I n c ., w i t h P i t s a gp e e r m 2 i s o s f i o 7 Coverage under this provision d. does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization.

2. EMPLOYEES AS INSUREDS
SECTION II - LIABILITY COVERAGE , Paragraph A.1. Who Is An Insured is amended to include the following as an "insured":
e. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any "employee". f. Any "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee’s" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee".

3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE , Paragraph A.1. Who Is An Insured is amended to include the following as an "insured":
g. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, written agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured".

However, such person or organization is an "insured":
(1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or written agreement, or the permit has been issued to you; and
(3) Only for the duration of that contract, agreement or permit.

The "insured" is required to submit a claim to any other insurer to which coverage could apply for defense and indemnity. Unless the "insured" has agreed in writing to primary noncontributory wording per enhancement number 24, this policy is excess over any other collectible insurance.

4. SUPPLEMENTARY PAYMENTS
SECTION II - LIABILITY COVERAGE , Coverage Extensions, 2.a. Supplementary Payments , Paragraphs (2) and (4) are replaced by the following:
(2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work.

5. AMENDED FELLOW EMPLOYEE EXCLUSION
In those jurisdictions where, by law, fellow "employees" are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provi - sion is added:

SECTION II - LIABILITY , Exclusion B.5. Fellow Employee does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire if you have workers compensation insurance in force for all of your "employees" at the time of "loss".

This coverage is excess over any other collectible insurance.

SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows:

6. HIRED AUTO PHYSICAL DAMAGE
Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE , is amended by adding the following:

If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos":
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a. You hire, rent or borrow; or
b. Your "employee" hires or rents under a written contract or agreement in that "employee’s" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible:
a. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of:
(1) $50,000; or
(2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible.
b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage.
c. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. d. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss.
e. This coverage extension does not apply to:
(1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee" or any member of your "employee’s" household.

Coverage provided under this extension is excess over any other collectible insurance available at the time of "loss".

7. TOWING AND LABOR
SECTION III - PHYSICAL DAMAGE COVERAGE , Paragraph A.2. Towing , is amended by the addition of the following:

We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled:
a. For private passenger type vehicles, we will pay up to $75 per disablement. b. For "light trucks", we will pay up to $75 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less.
c. For "medium trucks", we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 - 20,000 pounds.

However, the labor must be performed at the place of disablement.

8. PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. Coverage Extensions, Transportation Expenses of SECTION III - PHYSICAL DAMAGE COVERAGE , is amended to provide a limit of $50 per day and a maximum limit of $1,500.

9. RENTAL REIMBURSEMENT
SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage , is amended by adding the following:
a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those ex - penses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement requires the rental of a comparable or lesser vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days.
c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". This limit is excess over any other collectible insurance.
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I n c lude s c op yr i gh t ed m a t e ri al o f I n s ur an c e S ervi c e s O ff i c e , I n c ., wi t h P i ts a gp e e r m 4 i s o s f i o 7
d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill.
e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension .
f. No deductible applies to this coverage.
g. The insurance provided under this extension is excess over any other collectible insurance.

If this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased.

For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11.B.

10. EXTRA EXPENSE - BROADENED COVERAGE
Under SECTION III - PHYSICAL DAMAGE COVERAGE , A. Coverage , we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000.

11. PERSONAL EFFECTS COVERAGE
A. SECTION III - PHYSICAL DAMAGE COVERAGE , A. Coverage , is amended by adding the following:

If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto."
The insurance provided under this provision is excess over any other collectible insurance.

B. SECTION V - DEFINITIONS is amended by adding the following:

For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an "insured." "Personal effects" does not include tools, equipment, jewelry, money or securi - ties.

12. ACCIDENTAL AIRBAG DEPLOYMENT
SECTION III - PHYSICAL DA MAGE COVERAGE , B. Exclusions is amended by adding the following:

If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag.

Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer’s warranty. However, we agree to pay any deductible applicable to the other coverage or warranty.

13. PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible, is amended by adding the following:

Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method of recovery of the vehicle.

14. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions , Paragraph a. of the exception to exclu - sions 4.c. and 4.d. is deleted and replaced with the following:

Exclusions 4.c. and 4.d. do not apply to:
a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not de - signed solely for the reproduction of sound, if the equipment is:
(1) Permanently installed in the covered "auto" at the time of the "loss" or removable from a housing unit that is permanently installed in the covered "auto"; and (2) Designed to be solely operated by use from the power from the "auto’s" electrical system; and (3) Physical damage coverages are provided for the covered "auto".

If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible.
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Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with Pits
a gp e e r m 5 i s o s f i o 7

15. LOAN / LEASE GAP COVERAGE (Not Applicable In New York) A. Paragraph C. Limit Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following:

The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the:

1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of:
a. Overdue payments and financial penalties associated with those payments as of the date of the "loss";
b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear;
c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insur - ance purchased with the loan or lease;
d. Transfer or rollover balances from previous loans or leases; e. Final payment due under a "Balloon Loan";
f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto";
g. Security deposits not refunded by a lessor;
h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto";
i. Any amount representing taxes;
j. Loan or lease termination fees; or

2. The actual cash value of the damage or stolen property as of the time of the "loss".

An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas.

B. Additional Conditions
This coverage applies only to the original loan for which the covered "auto" that incurred the "loss" serves as collateral, or lease written on the covered "auto" that incurred the "loss".

C. SECTION V - DEFINITIONS is changed by adding the following:

As used in this endorsement provision, the following definitions apply:
"Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value.

A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment.

16. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following:

No deductible applies to glass damage if the glass is repaired rather than replaced.

17. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following:

The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is:
a. In the charge of an "insured";
b. Legally parked; and
c. Unoccupied.
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I n c lude s c op yr i gh t ed m a t e ri al o f I n s ur an c e S ervi c e s O ff i c e , I n c ., wi t h P i ts 2018 Liberty Mutual Insurance
I n c l u d e s c o p y r i gh t e d m a t e ri a l o f I n s u r an c e S e r v i c e s O ff i c e , I n c ., w i t h P i t s a gp e e r m 6 i s o s f i o 7 The "loss" must be reported to the police authorities within 24 hours of known damage.

The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations.

This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business.

18. TWO OR MORE DEDUCTIBLES
Under SECTION III - PHYSICAL DAMAGE COVERAGE , if two or more company policies or coverage forms apply to the same "accident", the following applies to Paragraph D. Deductible :
a. If the applicable Business Auto deductible is the smaller (or smallest) deductible, it will be waived; or
b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible , it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the "loss" involves two or more Business Auto coverage forms or policies, the smaller (or smallest) deductible will be waived.

For the purpose of this endorsement, company means any company that is part of the Liberty Mutual Group.

SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows:

19. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph B.2. is amended by adding the following:

If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the incep - tion date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced.

However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premi um for any such hazard or exposure.

20. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A.2.a. is replaced in its entirety by the follow - ing:
a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) Member, if you are a limited liability company; (4) An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation.

To the extent possible, notice to us should include:
(a) How, when and where the "accident" or "loss" took place; (b) The "insured’s" name and address; and
(c) The names and addresses of any injured persons and witnesses.

21. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us , is amended by the addition of the following:

If the person or organization has in a written agreement waived those rights before an "accident" or "loss", our rights are waived also.

22. HIRED AUTO COVERAGE TERRITORY
SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph B.7. Policy Period, Coverage Territory , is amended by the addition of the following:
f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the "insured’s" responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to.
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I n c l u d e s c o p y r i gh t e d m a t e ri a l o f I n s u r an c e S e r v i c e s O ff i c e , I n c ., w i t h P i t s a gp e e r m 7 i s o s f i o 7 This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver.

23. PRIMARY AND NON - CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREE - MENT
The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, General Conditions, B.5. Other Insurance and supersedes any provision to the contrary:

This Coverage Form’s Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that:

1. Such "insured" is a Named Insured under such other insurance; and

2. You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured".

SECTION V - DEFINITIONS is amended as follows:

24. BODILY INJURY REDEFINED
Under SECTION V - DEFINITIONS , Definition C. is replaced by the following:
"Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. 44 of 86
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WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA

We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.

Schedule

Person or Organization Job Description
With respect to all employees subject to the
workers' compensation laws of the state of
California, any person or organization for whom
the Named Insured has agreed by written
contract to furnish this waiver.

This policy is subject to a minimum charge of $250 for the issuance of waivers of subrogation

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.)

Issued to
Premium

TRB AND ASSOCIATES
Carrier Code 00920

Endorsement No.

Countersigned at on By:

WC 04 03 06

Authorized Representative
(Ed. 4 - 84) © 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved.

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE WC 04 03 06 Policy EIG46381950 3 (Ed. 4- 84)
This endorsement, effective 11/10/202 3 at 12:01 AM standard time, forms a part of Policy No. EIG 4638195 0 2 3 Of the EMPLOYERS PREFERRED INS. CO.

Corporate Office Silicon Valley Office Sacramento Office Southern California Office 3180 Crow Canyon Place, Suite 216 1265 El Camino Real, Suite 209 1900 Point West Way, Suite 261 4182 N Viking Way, Suite 213 San Ramon, CA 94583 Santa Clara, CA 95050 Sacramento, CA 95815 Long Beach, CA 90808 Tel: 925.866.2633

Tel: 408.642.1068 Tel: 916.384.0900 Tel: 562.566.4144

www.TRBplus.com

May 23, 2024

Mr. David Gonzalves
Community Development Department
City of Salinas
Via email: [email protected]

SUBJECT: Preliminary Cost Estimate to Provide Plan Review, Inspection, and Administration Services - New Logistics Facility [REV 2]

Dear Mr. Gonzalves:

TRB and Associates, Inc. (TRB) is pleased to submit this cost estimate proposal to provide plan review, inspection, and administration services support to the City of Salinas on a proposed new logistics facility project . For this project, TRB has assembled a capable team experienced in construction code compliance technical evaluation and consulting. We are available to discuss this proposal in more detail at your convenience.

We would like to confirm that th e scope and fee estimate associated with this proposal is based upon general information received via recent discussions.

KEY PERSONNEL

TRB has a team with strong qualifications and attentiveness to quality and schedule. Of note, all of our proposed key team members proposed have provided plan review and inspection services on projects of similar scope and size. Assigning staff with this familiarity and significant relevant experience and knowledge will ensure that project deliverables will be completed in a timeframe suitable to the City. Please note that an accounting of and resumes for our proposed key individuals are available upon request.

SCOPE OF WORK

Project Understanding

TRB understands that the City is seeking support from a qualified firm to perform a construction code compliance plan review, inspection, and administration of this project. Table 1 below reflects elements and areas of the project understood to be considered in this scope of work. We also understand that construction is expected to start in the Fall 2024 timeframe and be completed in the June 2026 timeframe (approximate 18-month duration).

Exhibit B
May 23, 2024
City of Salinas
Proposal to Provide Plan Review, Inspection, and Administration Services – New Logistics Facility [REV 2]

TABLE 1: Project Elements / Structures

New Logistics Facility Project
Element Area

Main Logistics Building
Number of Stories: 5
Type of Construction: 1A

Support Buildings
Guard Shacks (x2)
Fire Water Tanks & Pump Houses

3.0 million s.f.

TBD

It is understood that t he project is to b e reviewed and inspected for adherence to current California Building Standards Codes covering life safety, disabled access, structural, energy conservation, green building, plumbing, mechanical, and electrical provisions; as amended and adopted by the City of Salinas.

• California Building Code
• California Plumbing Code
• California Mechanical Code
• California Electrical Code
• California Energy Code
• California Green Building Standards Code

Please note that p rovisions regulated and enforced by Planning, Engineering, Fire, Public Works, Health Departments; and/or other authorities normally outside the jurisdiction of a municipal Building Department would be considered additional scope items. Services rendered in these disciplines would be considered additional cost items, and would be billed on a Time-and-Materials basis, in accordance with the enclosed Table 3 Fee Schedule.

Project Management / Coordination
Our approach to this engagement is centered on using experienced staff and fostering open communication between our firm, the City, and other project stakeholders, as directed by the City. Shortly after project notice to proceed, we would recommend holding a teleconference with all appropriate stakeholders to verify project expectations, deliverables, scheduling, and logistical considerations. Throughout this engagement, we would like to confirm that our key/lead team members will be accessible to staff. We understand that maintaining clear communication is essential for helping ensure that decisions are made in timely manner.

• As part of our approach, we have budget ed time for key staff to attend monthly check- in/coordination meetings with project stakeholders to ensure alignment on code interpretation, staffing and project schedule needs.

TASK 1.0: Code Compliance Plan Review

It is understood that the goal for this t ask is to provide a thorough code compliance plan review of the project design to ensure adherence to current California Building Standards , as amended and adopted by the City of Salinas. Our proposal covers a total of three cycles of code compliance plan review for the project.

Process / Approach
Plan documents for each structure will be reviewed and a finding issued in punch -list style or electronic format (e.g. ProjectDox, Bluebeam, etc.) of the City’s choosing, identifying elements which may require updating/modification as a result of adopted present-day codes and standards. All findings provided will include specific reference to the source code and/or standards provision(s), as well as justification(s) for each project requirement noted. TRB will maintain complete records related to all plans, calculations, and documents received.

May 23, 2024
City of Salinas
Proposal to Provide Plan Review, Inspection, and Administration Services – New Logistics Facility [REV 2]

We understand that we would be working directly with the City team to ensure that the project is evaluated to all applicable standards. To track and address any issues that may arise during document review, TRB will implement a code interpretation forum between our plan reviewers and the City team to help ensure open communication among project stakeholders is maintained.

We also understand that the timeline for providing review deliverables is yet to be finalized. To confirm, all timeline requirements will be coordinated with the City team. In general, TRB is prepared to review to the following turnaround timeframes:
• Standard Submittals: 15 to 20 working day turnaround for initial review, 10 to 15 working day turnaround for subsequent (resubmittal) reviews.
• Deferred Submittals, RFIs, ECNs and other Revision-Related Submittals: 5 to 10 working day turnround.

Please note that for large/complex deferred and revision -related submittals, extended review timeframes may apply, and would as be mutually agreed upon prior to commencement of review. • Expedited: As an alternate, expedited review timeframes may be accommodated based upon staff availability.

Expedited review timeframes and associated additional cost would be as mutually agreed upon prior to commencement of review.

Deliverables
Our office will present its observations, findings, and opinions/ recommendations in a written summary report and/or ProjectDox. The report will itemize reviewed documents relevant to any observations/recommendations made. TRB is prepared to discuss potential recommendations and timeline considerations.

It is presumed that after delivery of each plan review report, a teleconference meeting may be hosted by the City as a forum for project designers to discuss plan review findings. As part of this t ask, TRB staff will be available to participate in any such teleconference meeting.

Throughout this engagement, TRB staff will be available to answer general follow up questions related to review findings. In the case where the project scope changes significantly or consultation results in review of alternative schemes, TRB will notify the City for approval to proceed on a time-and-materials basis.

Assumptions

• All applicable plans and record documents necessary for review will be furnished by the City. • Separate Permit S ubmittals associated with the project (e.g. Tenant Improvement, Conveyor System Installation packages, etc.) would be considered additional cost items, and would be billed on a Fixed Fee basis at 45% of the City Plan Review Fee.
• Deferred Submittals, RFIs, ECNs and other Revision-Related Submittals would be considered additional cost items, and would be billed on a Time-and-Materials basis, in accordance with the enclosed Table 3 Fee Schedule. • Expedited Reviews would incur the following additional costs:
o Expedited Separate Permit submittals would be billed on a Fixed Fee basis at 67.5% (45% x 1.5) of the City Plan Review Fee.
o Expedited Deferred Submittals, RFIs, ECNs, and other Revision -Related submittals would be billed on a Time-and-Materials basis at expedited rates, in accordance with the enclosed Table 3 Fee Schedule. • Alternate Materials and Methods Request (AMMR) Evaluations. For other than review of the initial PBDA (Performance Based Design Approach) AMMR submittal document, AMMR evaluations would be considered additional cost item s, and would be billed on a T ime-and-Materials basis, in accordance with the enclosed Table 3 Fee Schedule.
• TRB Scope excludes fire suppression, grading, drainage, supporting infrastructure and site -work specific elements outside of the building footprints.

May 23, 2024
City of Salinas
Proposal to Provide Plan Review, Inspection, and Administration Services – New Logistics Facility [REV 2]

TASK 2.0: Building Inspection

It is understood that the goal for this task is to provide a thorough code compliance inspection of the project to ensure adherence to approved plan document and current California Building Standards, as amended and adopted by the City of Salinas. It is also understood that the anticipated construction timeline for the project is 18 months.

Process / Approach / Deliverables
TRB is prepared to provide onsite inspection staffing at the project site once mobilization and/or a notice to proceed is issued by the City. TRB is proposing to furnish two (2) Inspector s onsite five (5) days per week during construction activity on the project. Our field inspectors are prepared to perform all code-mandated inspections as well as those which may be designated specifically by the City, and review change orders / engineering change notices, information requests and similar documentation to verify that any field changes which may have a code implication are reviewed for code compliance by plan review staff as necessary.

Our field inspectors will maintain daily and weekly inspection activity records, and are prepared to take photo documentation only if requested and cleared by the City. Our inspectors will also be available to review the qualifications of and work with Special Inspectors on the project. Our team will review the special inspectors’ daily reports to ensure that all special inspection duties are being fulfilled.

On occasion, additional inspection assistance may be required, particularly when a project is accelerated. Our Project Manager will assess staffing needs and check in with City staff on a regular basis to ensure that an appropriate presence is maintained at the project site.

We understand that in this function, our primary responsibility is to ensure compliance with building codes and standards as adopted by the City. Our team will coordinate with the project applicant team to quickly resolve any open code-related items which may come up through issuance of correction notices, holding discussions with the project team, C ity, and other applicable stakeholders, as appropriate. We encourage frequent, regularly scheduled check-in discussions with applicant and designer teams as a tool to help ensure alignment on technical and schedule considerations throughout the project.

Inspection Requests
As an option, in coordination with City, we are prepared to issue our “Inspection Request and Holdpoints” handout which details the process for making and fulfilling inspection requests. This includes information on what format requests are made, how much advance notice is required, what type of plan information is required at each inspection location, and expected signoffs prior to project elements being eligible for inspection (such as special inspector signoff).

Onsite Logistical Requirements

TRB is presuming that the following logistical considerations are to be fulfilled by the project owner team:

1. A furnished office / desk location large enough for two (2) persons at or near the project site.

2. Secure high-speed internet access at the project office.

3. Active wireless cell phone signal reception.

4. Access to and/or provisions for bottled water and maintained restroom facilities.

5. Work space to include climate control, both heat and air conditioning.

Assumptions
• 5-days per week primary and secondary inspector coverage (i.e. 2 full-time onsite inspectors). • A project construction duration of 18 months, as measured from date of first inspection to date of passed final inspection.
• Scope excludes fire suppression, grading, drainage, supporting infrastructure and site-work specific elements outside of the building footprint.

May 23, 2024
City of Salinas
Proposal to Provide Plan Review, Inspection, and Administration Services – New Logistics Facility [REV 2]

TASK 3.0: Project Meetings (Optional)

Should it be determined that our attendance is needed at select onsite meetings, TRB staff would be able to attend given sufficient advance notice. Please note that for other than onsite inspection staff, labor and reimbursables for attendance at any onsite meetings which become necessary would be considered an additional cost item, and would be billed on a time-and-materials basis, in accordance with the Fee Schedule included herein as Table 3.

SCHEDULE

Prior to project commencement, we will coordinate with designated City and stakeholder staff to confirm the final project and deliverables schedule.

PRICE

Please refer to Table 2 below for TRB’s preliminary opinion of probable cost to provide the noted scope of services.

Please be advised that our team will coordinate with the City on any pricing refinements and/or potential change order or scope amendments prior to proceeding with any such work. TRB will invoice the City on a monthly interval for services rendered.

Task 1.0 Services
We are proposing to provide plan review services provided under Task 1.0 on a Fixed-Fee basis. The proposed fee amount covers up to three plan review cycles. Any further review cycles which may become necessary would be billed on a time-and-materials basis.

Task 2.0 Services
Building inspection services associated with Task 2.0 are proposed to be provided on a Time-and-Materials basis, in accordance with the Fee Schedule included herein as Table 3.

Task 3.0 Services
Note that Table 2 excludes Task 3.0 Project Meetings as this task is optional; services provided under this task would be billed on a Time-and-Materials basis, in accordance with the enclosed Fee Schedule.

TABLE 2
Preliminary Opinion of Probable Cost

Task Description Fee

TASK 1.0 – Code Compliance Plan Review (Fixed Fee) $550,000

TASK 2.0 – Building Inspection (Time-and-Materials)
Labor & Reimbursables $1,150,000

GRAND TOTAL $1,700,000

May 23, 2024
City of Salinas
Proposal to Provide Plan Review, Inspection, and Administration Services – New Logistics Facility [REV 2]

OUR COMMITMENT

With TRB and Associates , the City of Salinas will receive an experienced team who takes pride in providing excellent service. We look forward to the opportunity to work with Salinas staff on this assignment. If you have questions or need any additional information, please do not hesitate to contact me by phone at (925) 8 76-4596 or by email at [email protected]. I look forward to hearing your feedback soon.

Sincerely,

TRB + ASSOCIATES, INC.

Todd Bailey, PE, LEED AP, CASp, MBA
ICC Certified Building Plans Examiner + Commercial Combination Inspector Principal-in-Charge

Encl: Table 3: TRB Fee Schedule

SPECIAL PROJECT FEE SCHEDULE

Schedule of Hourly Rates and Reimbursables

The following billing rates apply for services rendered on an hourly basis:

• Overtime, Emergency, Expedited, and After-hours work is billed at the above-noted rates plus an additional 50 percent (Note that no overtime will be charged without client authorization) • Reimbursement for direct expenses, incurred in connection with the work, will be at cost plus fifteen percent. • Reimbursement for employee-owned vehicles used in connection with the work will be at the current IRS rate plus 20 percent per mile.
• All requested inspection services are subject to a minimum 4-hour fee. • Project inspections subject to prevailing wage requirements are at the above -published rates plus 30 percent. • Other in-house charges for prints, reproductions and equipment use, etc. will be at standard company rates.

The above Schedule is valid through June 30, 2026 and may be adjusted thereafter. Rates subject to review and adjustment on an annual basis to account for changes in CPI, as mutually agreed upon.

TRB + ASSOCIATES, INC.| SPECIAL PROJECT FEE SCHEDULE 3-1 Position Hourly Rate
Principal / Director $235.00
Project / Division Manager $220.00
Building Official $195.00
Assistant Building Official $165.00
Plan Review Task Leader $195.00
Senior Plan Review Engineer/Architect $175.00
Senior Plans Examiner $160.00
Plan Review Engineer/Architect $150.00
Plans Examiner $130.00
Engineering Technician $110.00
Permit Technician III $100.00
Permit Technician II $ 90.00
Permit Technician I $ 80.00
Clerical/Admin $ 65.00
Civil/Grading/Storm Water Plan Review Engineer $230.00
Fire Protection Engineer $215.00
QSP Storm Water Inspector $195.00
CASp Certified Inspector/Examiner $175.00
Inspection Task Leader $185.00
Inspector of Record II $165.00
Inspector of Record I $150.00
Supervising Inspector $140.00
Senior Inspector III $130.00
Senior Inspector II $125.00
Senior Inspector I $120.00
Inspector II $110.00
Inspector I $105.00
Intern Inspector $ 75.00
TABLE 3