SCOPE OF SERVICES
TASK 1: SCHEMATIC DESIGN/ENTITLEMENT DOCUMENTS AND SUPPORT
1. Utility Research: BKF will contact the City, California Water Service (Cal Water) and other utility companies that serve the site or have utilities within the adjacent streets. We will gather the available record drawings and/or block maps to depict the record location of the utilities superimposed onto the existing topographic survey. BKF will also confirm any known (to the City and/or utility companies) deficiencies with the existing utilities serving the property and identify any planned upgrades that could impact the development.
2. Existing Conditions Review: BKF will review the existing site constraints and conditions. We will note any potential challenges to development to support the planning and permit processes.
3. Project Coordination: BKF will coordinate with the Architect and the design team regarding design concepts and electronic data exchange associated with the Schematic Design and Entitlement Phase. Planning documents will be based on the digital site plan and building footprints provided by the Architect.
4. Stormwater Programming: The site falls within the FEMA flood zone X. We will coordinate with the City, the Architect and the design team regarding design concepts and requirements related to the FEMA and City requirements for setting finished floor levels. BKF will work with the project architect to identify a preferred strategy to achieve local and state stormwater quality compliance. Stormwater treatment facilities will be conceptually programmed into the development and coordinated with the consultant team to confirm general feasibility. The City of Salinas’ stormwater treatment requirements are very restrictive compared to other jurisdictions. According to their latest stormwater development standards, our project will need to meet peak flow management and storm drain retention requirements that are typically not required in other Cities.
Some type of storm drain storage system will likely be required to retain the necessary volume of stormwater runoff, whether that be oversized treatment basins or an underground vault or similar. BKF will prepare preliminary calculations to meet these City requirements, including the calculations in the City’s threshold determination worksheet. We will also make recommendations regarding how to best meet the retention requirements.
5. Schematic Design/Entitlement Documents: BKF will prepare preliminary design documents as required for the City Planning Review process. We will be sure to prepare all civil-related items listed in the City’s submittal checklist. The following plans will be prepared for the planning submittal:
a. Cover Sheet – We will include information and notes relevant to the preliminary drawing set b. Existing Site Plan – topographic survey, existing site improvements, and record project boundary c. Preliminary Grading and Drainage Plan – preliminary building finish floor and site spot finish grade elevations, preliminary drainage facilities/utility services, FEMA flood zone limits and base flood elevation
d. Preliminary Utility Plan – showing new connections to the building, coordinated with the MEP consultant
e. Preliminary Stormwater Control Plan – BKF will prepare a stormwater control plan.
6. Preliminary Design Calculations: BKF will perform preliminary water quality C.3 calculations (i.e., impervious areas, tributary drainage areas, storm outfall flows, BMP sizing, etc.) necessary to confirm the preliminary planning design proposed for Design Review. We will also calculate the preliminary earthwork quantities relative to the proposed grading plan. We will summarize these calculations on the preliminary drawings.
7. Meetings: BKF has budgeted up to a maximum of sixteen (16) combined staff hours to attend meetings and participate in conference calls during the planning and entitlement phase. Anticipated meetings include internal coordination, and City coordination. Attendance at formal hearings such as Planning Commission, City Council, would be considered as additional services and not part the scope and fee provided.
8. Submittals: We have budgeted to provide one (1) formal submittal package to the Architect for initial submittal to the City and up to two (2) resubmittals to address City comments that do not result in a change to the site plan. We have not included a separate submittal to Cal Water in this scope because they typically do not require us to submit plans during entitlements. If a separate submittal to Cal Water is required, BKF can provide that as an additional service.
SCOPE QUALIFICATIONS AND ASSUMPTIONS
BKF Engineers' services are limited to those expressly set forth in the scope. We understand that BKF will have no other obligations or responsibilities for the project except as provided in this proposal letter, or as otherwise agreed to in writing. BKF will provide the scope of services consistent with, and limited to, the standard of care applicable to such services. Any participation in non-adversarial procedures, or other right to repair items, is considered as additional services. For the scope of work identified, we have assumed the following:
1) Basis of Design and Site Information
a) Topographic Survey: The survey completed by BKF in April 2024 will be utilized for our civil engineering design.
b) Title Report: A current title report for the property will be provided by the owner. c) Geotechnical Report: A geotechnical report for the project will be provided. At a minimum, this report should address the required paving structural sections, earthwork and compaction recommendations, soil bearing pressures, surcharge pressures, settlement issues, soil infiltration/percolation rates, groundwater levels, and corrosion recommendations.
d) Existing Utilities: Unless otherwise indicated or provided by others, any existing utilities identified on BKF's drawings/plans are based on information obtained by BKF, or provided to BKF, and may not be accurately documented in their horizontal location or vertical profile. Other utilities may be present that were not disclosed. BKF highly recommends that critical facilities be underground service alert (USA) located and potholed during design or prior to construction.
e) Potholing: Potholing services are not included in this proposal unless specifically identified. f) Existing Utility Capacities: Unless otherwise addressed, existing utilities have adequate capacity to serve the proposed improvements, that they are adjacent to the site frontage and do not require main extensions, and that utility system capacity studies are not required.
2) Responsibilities
a) Civil Engineering Scope Items: BKF's design tasks are limited to civil work outside of the structure(s) and utility connections 5-feet outside of the structure(s) including: site grading, non-structural concrete pavement, concrete sidewalks, concrete curbs and gutters, asphalt pavement, storm drainage, wastewater, and domestic water/fire water design. BKF will provide horizontal control for the building location relative to the project boundary.
b) Architect: The Architect will be responsible for the overall site plan including accessible routes of travel, details of site accessibility signage, parking counts, site coverage calculations, trash areas/enclosures, fencing and walls. A site plan will be provided by the Architect prior to our beginning design. All work within the building (including any podium, porches, garages, or ramps) will be the Architect's scope of work. c) Site Dry Utilities: All electric, gas, communications, and lighting improvements will be designed by others, unless specifically included in the civil scope of work.
d) Fire System: Certification of the fire protection system from the point of connection at the public water main to the building sprinkler system must be provided by a properly-licensed fire protection engineer or contractor.
e) Site Landscape/Irrigation: The landscape architect will provide landscape, irrigation design, and layout and details of walks, plazas, trails, entry monuments, walls, and/or fences. The architect and landscape architect will lead the design development efforts for the design, grading, and detailing of interior courtyards, plaza areas, hardscape and landscape areas.
f) Structural Details: Structural calculations, design, and details for such items as reinforced concrete slabs, foundations, pads, vaults, footings, ramps, stairs, sound/site walls, and/or retaining walls will be provided by others. This includes structural design and detailing for storm water treatment elements that retain ground, parking, or buildings foundations.
g) Mechanical, Electrical and Plumbing (MEP): All site HVAC, power, gas, communications, and low voltage improvements, and existing water pressures will be coordinated, designed, and documented by others. MEP will also provide preliminary fire service sizing based on the California Plumbing and Fire Code requirements and provide fire service lateral locations and sizes to BKF. h) Joint Trench Design: Services to the buildings, main extensions, and/or relocation of existing 'dry' utilities (gas, electric, communication, fiber, etc.) will be led by the joint trench/electrical designers unless otherwise contracted. Any utility relocation/abandonment required is assumed to be coordinated and processed by the Joint Trench Consultant. Dry utilities designed by the joint trench consultant will be shown for coordination purposes only on the civil plans.
i) Lighting Design & Photometric Analysis: Lighting design and photometric analysis for the site and public roadways will be provided by others.
j) Traffic Signal Design: Design or modification of traffic signals is not currently included in our scope of work.
BKF can provide these services if the City conditions these improvements to the project. k) Water Design: Proposal assumes that the project will require new water services for domestic, irrigation, and fire. We have not allocated budget to install public or private fire loops within the development or main extensions within the public right of way.
l) Mapping: We have not included time to prepare additional items not contained in the mapping scope of work. Additional mapping services such as subdivision maps, private easement documents, quit claims, ALTA's, right of way dedications, etc. not specifically listed in this proposal are not included. m) Cost Estimating: All cost estimating will be provided by a project estimator. BKF will review the cost estimates for general consistency with the plans.
n) Pump Stations: Pump station design (electrical, mechanical, plumbing, and sitework) is not included in the basic scope of services. We can provide pump station design service as an additional scope item at your request.
o) Earthwork: Due to the variability in soils properties, existing site conditions, foundation types and preparation, trench, imported material and other factors, no delineation of earthwork quantities or 'site balance' is implied with the scope of work. Any earthwork quantities generated are solely for bonding and permitting of the work with the local agency and must only be used as an approximate guide as to the actual earthwork and site balance.
3) CEQA, Entitlement, and Off-Site Improvements/Studies a) CEQA/EIR Consulting: Some jurisdictions allow project sponsors to provide technical studies to support the CEQA document and review by the sponsor of the administrative draft document. We have not included time for assisting in this effort. Should this be requested, we can provide a separate scope to support this effort. b) Conditions of Approval: The proposal is based solely on the concept site plans provided by the project architect prior to the issuance of the Project Conditions of Approval. Once available, BKF will review the project conditions and identify any that require services not contained without our base proposal along with a fee required to provide those additional services
c) Off-Site Improvements: Off-site improvements are limited to designing new curb cuts along the project frontage and construction of new curb, gutter, sidewalk, and utility services to the public mains within the fronting public roads. If additional off-site improvements are subsequently required as a result of the planning entitlement or permitting process, we will notify you of the change in scope and provide an additional service request to cover the new scope. We have assumed that the minimal public improvements currently anticipated to support this development can be design and documented with the on-site improvement plans. 4) Meetings
Meetings: Meetings are assumed to be held in the Bay Area or via remote conference. Meeting time requested beyond what we have budgeted is not included in this proposal. 5) Phasing, Delivery and Deliverables
a) Phasing: The project will be permitted and constructed in one phase and that construction phasing plan(s), or interim condition plans, will not be required for this project. Proposal does not include preparing and processing split construction permits for demolition, rough grading, backbone utilities, etc. b) Submittals: All submittals, and the coordination thereof, will be facilitated by the lead consultant and /or owner representative.
c) Permits: Unless otherwise specifically delineated in the scope of services, permit processing, applications, fees, and submittals to local, state, and federal agencies and utility purveyors will be provided by others. BKF will submit to the client delineated scope deliverables for client submission to governing agencies. d) Drawings: All drawings will be prepared in AutoCAD format. We will submit copies of all drawings in both electronic and paper format.
e) Building Information Modeling (BIM): We have not included time to convert civil 3D design or existing conditions AutoCAD files into BIM model files. We have assumed all conversions will be by the Architect.
COMPENSATION
BKF proposes to provide the services on a lump sum basis. We will invoice for our services on a percent complete basis per task summarized as follows:
Task Description Fee
1 Schematic Design/Entitlements Documents and Support $35,000 Reimbursable expenses are anticipated for reproduction, mileage, express and messenger deliveries, and computer deliverable plots. Reimbursable expenses will be billed on a cost plus 10-percent markup basis.
For tasks requested by the owner or Architect not defined in this scope of services, BKF will identify them as potential extra work. We can provide a scope and fee for these items or they may be tracked separately as extra work and billed on a time and materials per our attached rate schedule.
Thank you for the opportunity to present this proposal. We look forward to assisting in developing this project. Please contact me at 650-482-6475 if you have any questions regarding our scope of services.
Respectfully,
BKF Engineers
Craig Smith, PE, QSD Jonathan Tang, PE
Project Manager Associate Principal
BKF ENGINEERS PROFESSIONAL SERVICES RATE SCHEDULE
EFFECTIVE JANUARY 1, 2025
CLASSIFICATION HOURLY RATE
PROJECT MANAGEMENT
Principal in Charge $317.00
Senior Project Executive $294.00
Project Executive $287.00
Senior Project Manager | Senior Technical Manager $278.00 Project Manager | Technical Manager $273.00
Engineering Manager | Surveying Manager | Planning Manager $251.00
TECHNICAL STAFF
Senior Project Engineer | Senior Project Surveyor | Senior Project Planner $233.00 Project Engineer | Project Surveyor | Project Planner $205.00 Design Engineer | Staff Surveyor | Staff Planner $179.00 BIM Specialist I, II, III $179.00 - $205.00 - $233.00
Technician I, II, III, IV, V $ $170.00 - $181.00 - $198.00 - $213.00 - $230.00 Drafter I, II, III, IV $133.00 - $146.00 - $158.00 - $175.00 Engineering Assistant | Surveying Assistant | Planning Assistant $111.00
FIELD SURVEYING
Survey Party Chief $233.00
Instrument Person $200.00
Survey Chainperson $150.00
Utility Locator I, II, III, IV $122.00 - $172.00 - $207.00 - $235.00 Apprentice I, II, III, IV $92.00 - $124.00 - $137.00 - $145.00
CONSTRUCTION ADMINISTRATION
Senior Consultant $305.00
Senior Construction Administrator $266.00
Resident Engineer $197.00
Field Engineer I, II, III, IV $179.00 - $205.00 - $233.00 - $250.00
FUNDING & GRANT MANAGEMENT
Director of Funding Strategies $218.00
Funding Strategies Manager $200.00
Funding/Research Analyst I, II, III, IV $137.00 - $158.00 - $168.00 - $185.00
PROJECT ADMINISTRATION
Project Coordinator $149.00
Senior Project Assistant $128.00
Project Assistant $113.00
Clerical | Administrative Assistant $95.00
Expert witness rates are available upon request.
Subject to the terms of a services agreement:
• Charges for outside services, equipment, materials, and facilities not furnished directly by BKF Engineers will be billed as reimbursable expenses at cost plus 10%. Such charges may include, but shall not be limited to: printing and reproduction services; shipping, delivery, and courier charges; subconsultant fees and expenses; agency fees; insurance; transportation on public carriers; meals and lodging; and consumable materials. • Allowable mileage will be charged at the prevailing IRS rate per mile. • Monthly invoices are due within 30 days from invoice date. Interest will be charged at 1.5% per month on past due accounts.
• The rates shown are subject to periodic increases, including January 1st of each year.
BKF ENGINEERS
255 Shoreline Drive, Suite 200, Redwood City, CA 94065 | 650.482.6300 April 1, 2025
BKF No: 20250631
Ms. Lindsey Moder
TEF Design
1420 Sutter Street, 2nd Floor
San Francisco CA 94109
Transmitted via email [email protected]
Subject: 37 Soledad Street, Salinas
Civil Engineering Proposal
Dear Ms. Moder:
BKF Engineers welcomes the opportunity to submit this proposal for civil engineering services associated with the affordable housing residential project located at 37 Soledad Street in the City of Salinas, California. To arrive at the estimated effort required by our office for this project, we have outlined a proposed scope of services, identified assumptions, and determined a level of effort fee based on our understanding of the project.
PROJECT UNDERSTANDING
Based on your proposal request and information obtained, we understand the project as follows:
The project proposes to rehabilitate an existing National Register listed historic building, the Republic Café at 37 Soledad Street in Salinas. The project will construct additional stories above to create a local museum with affordable housing above.
This proposal assumes that public improvements along the project frontage will be limited to new sidewalks, curb & gutter, driveways, and utility service laterals. These will all be completed to a preliminary level suitable for planning submission and approval for entitlements.
BASIS OF DESIGN
Our proposal is based on the following:
1. Concept Renderings by TEF Design, dated March 27th, 2025
2. 34-40 Soledad Street survey by BKF Engineers, dated April 17 th, 2024
3. 45 Soledad Street survey by BKF Engineers, dated March 18th, 2025
SCOPE OF SERVICES
TASK 1: SCHEMATIC DESIGN/ENTITLEMENT DOCUMENTS AND SUPPORT
1. Utility Research: BKF will contact the City, California Water Service (Cal Water) and other utility companies that serve the site or have utilities within the adjacent streets. We will gather the available record drawings and/or block maps to depict the record location of the utilities superimposed onto the existing topographic survey. BKF will also confirm any known (to the City and/or utility companies) deficiencies with the existing utilities serving the property and identify any planned upgrades that could impact the development.
2. Existing Conditions Review: BKF will review the existing site constraints and conditions. We will note any potential challenges to development to support the planning and permit processes.
3. Project Coordination: BKF will coordinate with the Architect and the design team regarding design concepts and electronic data exchange associated with the Schematic Design and Entitlement Phase. Planning documents will be based on the digital site plan and building footprints provided by the Architect.
4. Stormwater Programming: The site falls within the FEMA flood zone X. We will coordinate with the City, the Architect and the design team regarding design concepts and requirements related to the FEMA and City requirements for setting finished floor levels. BKF will work with the project architect to identify a preferred strategy to achieve local and state stormwater quality compliance. Stormwater treatment facilities will be conceptually programmed into the development and coordinated with the consultant team to confirm general feasibility. The City of Salinas’ stormwater treatment requirements are very restrictive compared to other jurisdictions. According to their latest stormwater development standards, our project will need to meet peak flow management and storm drain retention requirements that are typically not required in other Cities.
Some type of storm drain storage system will likely be required to retain the necessary volume of stormwater runoff, whether that be oversized treatment basins or an underground vault or similar. BKF will prepare preliminary calculations to meet these City requirements, including the calculations in the City’s threshold determination worksheet. We will also make recommendations regarding how to best meet the retention requirements.
5. Schematic Design/Entitlement Documents: BKF will prepare preliminary design documents as required for the City Planning Review process. We will be sure to prepare all civil-related items listed in the City’s submittal checklist. The following plans will be prepared for the planning submittal:
a. Cover Sheet – We will include information and notes relevant to the preliminary drawing set b. Existing Site Plan – topographic survey, existing site improvements, and record project boundary c. Preliminary Grading and Drainage Plan – preliminary building finish floor and site spot finish grade elevations, preliminary drainage facilities/utility services, FEMA flood zone limits and base flood elevation
d. Preliminary Utility Plan – showing new connections to the building, coordinated with the MEP consultant
e. Preliminary Stormwater Control Plan – BKF will prepare a stormwater control plan.
6. Preliminary Design Calculations: BKF will perform preliminary water quality C.3 calculations (i.e., impervious areas, tributary drainage areas, storm outfall flows, BMP sizing, etc.) necessary to confirm the preliminary planning design proposed for Design Review. We assume there will be no earthwork required for this site.
We will summarize these calculations on the preliminary drawings.
7. Meetings: BKF has budgeted up to a maximum of eight (8) combined staff hours to attend meetings and participate in conference calls during the planning and entitlement phase. Anticipated meetings include internal coordination, and City coordination. Attendance at formal hearings such as Planning Commission, City Council, would be considered as additional services and not part the scope and fee provided.
8. Submittals: We have budgeted to provide one (1) formal submittal package to the Architect for initial submittal to the City and up to two (2) resubmittals to address City comments that do not result in a change to the site plan. We have not included a separate submittal to Cal Water in this scope because they typically do not require us to submit plans during entitlements. If a separate submittal to Cal Water is required, BKF can provide that as an additional service.
SCOPE QUALIFICATIONS AND ASSUMPTIONS
BKF Engineers' services are limited to those expressly set forth in the scope. We understand that BKF will have no other obligations or responsibilities for the project except as provided in this proposal letter, or as otherwise agreed to in writing. BKF will provide the scope of services consistent with, and limited to, the standard of care applicable to such services. Any participation in non-adversarial procedures, or other right to repair items, is considered as additional services. For the scope of work identified, we have assumed the following:
1) Basis of Design and Site Information
a) Topographic Survey: A current design topographic base map at a scale of 1" =20' using ground surveying methods will be provided prior to the start of design. This survey will include the location, rim, and invert of gravity utilities and location only 'dry' utilities within the project area along with evidence of other buried utilities. Please refer to the separate survey proposal dated October 28, 2024 for topographic surveying services at the 37 Soledad Street site.
b) Title Report: A current title report for the property will be provided by the owner. c) Geotechnical Report: A geotechnical report for the project will be provided. At a minimum, this report should address the required paving structural sections, earthwork and compaction recommendations, soil bearing pressures, surcharge pressures, settlement issues, soil infiltration/percolation rates, groundwater levels, and corrosion recommendations.
d) Existing Utilities: Unless otherwise indicated or provided by others, any existing utilities identified on BKF's drawings/plans are based on information obtained by BKF, or provided to BKF, and may not be accurately documented in their horizontal location or vertical profile. Other utilities may be present that were not disclosed. BKF highly recommends that critical facilities be underground service alert (USA) located and potholed during design or prior to construction.
e) Potholing: Potholing services are not included in this proposal unless specifically identified. f) Existing Utility Capacities: Unless otherwise addressed, existing utilities have adequate capacity to serve the proposed improvements, that they are adjacent to the site frontage and do not require main extensions, and that utility system capacity studies are not required.
2) Responsibilities
a) Civil Engineering Scope Items: BKF's design tasks are limited to civil work outside of the structure(s) and utility connections 5-feet outside of the structure(s) including: site grading, non-structural concrete pavement, concrete sidewalks, concrete curbs and gutters, asphalt pavement, storm drainage, wastewater, and domestic water/fire water design. BKF will provide horizontal control for the building location relative to the project boundary.
b) Architect: The Architect will be responsible for the overall site plan including accessible routes of travel, details of site accessibility signage, parking counts, site coverage calculations, trash areas/enclosures, fencing and walls. A site plan will be provided by the Architect prior to our beginning the DD phase. All work within the building (including any podium, porches, garages, or ramps) will be the Architect's scope of work.
c) Site Dry Utilities: All electric, gas, communications, and lighting improvements will be designed by others, unless specifically included in the civil scope of work. d) Fire System: Certification of the fire protection system from the point of connection at the public water main to the building sprinkler system must be provided by a properly-licensed fire protection engineer or contractor.
e) Site Landscape/Irrigation: The landscape architect will provide landscape, irrigation design, and layout and details of walks, plazas, trails, entry monuments, walls, and/or fences. The architect and landscape architect will lead the design development efforts for the design, grading, and detailing of interior courtyards, plaza areas, hardscape and landscape areas.
f) Structural Details: Structural calculations, design, and details for such items as reinforced concrete slabs, foundations, pads, vaults, footings, ramps, stairs, sound/site walls, and/or retaining walls will be provided by others. This includes structural design and detailing for storm water treatment elements that retain ground, parking, or buildings foundations.
g) Mechanical, Electrical and Plumbing (MEP): All site HVAC, power, gas, communications, and low voltage improvements, and existing water pressures will be coordinated, designed, and documented by others. MEP will also provide preliminary fire service sizing based on the California Plumbing and Fire Code requirements and provide fire service lateral locations and sizes to BKF. h) Joint Trench Design: Services to the buildings, main extensions, and/or relocation of existing 'dry' utilities (gas, electric, communication, fiber, etc.) will be led by the joint trench/electrical designers unless otherwise contracted. Any utility relocation/abandonment required is assumed to be coordinated and processed by the Joint Trench Consultant. Dry utilities designed by the joint trench consultant will be shown for coordination purposes only on the civil plans.
i) Lighting Design & Photometric Analysis: Lighting design and photometric analysis for the site and public roadways will be provided by others.
j) Traffic Signal Design: Design or modification of traffic signals is not currently included in our scope of work.
BKF can provide these services if the City conditions these improvements to the project. k) Water Design: Proposal assumes that the project will require new water services for domestic, irrigation, and fire. We have not allocated budget to install public or private fire loops within the development or main extensions within the public right of way.
l) Mapping: We have not included time to prepare additional items not contained in the mapping scope of work. Additional mapping services such as subdivision maps, private easement documents, quit claims, ALTA's, right of way dedications, etc. not specifically listed in this proposal are not included. m) Cost Estimating: All cost estimating will be provided by a project estimator. BKF will review the cost estimates for general consistency with the plans.
n) Pump Stations: Pump station design (electrical, mechanical, plumbing, and sitework) is not included in the basic scope of services. We can provide pump station design service as an additional scope item at your request.
o) Earthwork: Due to the variability in soils properties, existing site conditions, foundation types and preparation, trench, imported material and other factors, no delineation of earthwork quantities or 'site balance' is implied with the scope of work. Any earthwork quantities generated are solely for bonding and
permitting of the work with the local agency and must only be used as an approximate guide as to the actual earthwork and site balance.
3) CEQA, Entitlement, and Off-Site Improvements/Studies a) CEQA/EIR Consulting: Some jurisdictions allow project sponsors to provide technical studies to support the CEQA document and review by the sponsor of the administrative draft document. We have not included time for assisting in this effort. Should this be requested, we can provide a separate scope to support this effort. b) Conditions of Approval: The proposal is based solely on the concept site plans provided by the project architect prior to the issuance of the Project Conditions of Approval. Once available, BKF will review the project conditions and identify any that require services not contained without our base proposal along with a fee required to provide those additional services
c) Off-Site Improvements: Off-site improvements are limited to designing new curb cuts along the project frontage and construction of new curb, gutter, sidewalk, and utility services to the public mains within the fronting public roads. If additional off-site improvements are subsequently required as a result of the planning entitlement or permitting process, we will notify you of the change in scope and provide an additional service request to cover the new scope. We have assumed that the minimal public improvements currently anticipated to support this development can be design and documented with the on-site improvement plans. 4) Meetings
Meetings: Meetings are assumed to be held in the Bay Area or via remote conference. Meeting time requested beyond what we have budgeted is not included in this proposal. 5) Phasing, Delivery and Deliverables
a) Phasing: The project will be permitted and constructed in one phase and that construction phasing plan(s), or interim condition plans, will not be required for this project. Proposal does not include preparing and processing split construction permits for demolition, rough grading, backbone utilities, etc. b) Submittals: All submittals, and the coordination thereof, will be facilitated by the lead consultant and /or owner representative.
c) Permits: Unless otherwise specifically delineated in the scope of services, permit processing, applications, fees, and submittals to local, state, and federal agencies and utility purveyors will be provided by others. BKF will submit to the client delineated scope deliverables for client submission to governing agencies. d) Drawings: All drawings will be prepared in AutoCAD format. We will submit copies of all drawings in both electronic and paper format.
e) Building Information Modeling (BIM): We have not included time to convert civil 3D design or existing conditions AutoCAD files into BIM model files. We have assumed all conversions will be by the Architect.
COMPENSATION
BKF proposes to provide the services on a lump sum basis. We will invoice for our services on a percent complete basis per task summarized as follows:
Task Description Fee
1 Schematic Design/Entitlements Documents and Support $ 15,400 Reimbursable expenses are anticipated for reproduction, mileage, express and messenger deliveries, and computer deliverable plots. Reimbursable expenses will be billed on a cost plus 10-percent markup basis.
For tasks requested by the owner or Architect not defined in this scope of services, BKF will identify them as potential extra work. We can provide a scope and fee for these items or they may be tracked separately as extra work and billed on a time and materials per our attached rate schedule.
Thank you for the opportunity to present this proposal. We look forward to assisting in developing this project. Please contact me at 650-482-6475 if you have any questions regarding our scope of services.
Respectfully,
BKF Engineers
Craig Smith, PE, QSD Jonathan Tang, PE
Project Manager Associate Principal
BKF ENGINEERS PROFESSIONAL SERVICES RATE SCHEDULE
EFFECTIVE JANUARY 1, 2025
CLASSIFICATION HOURLY RATE
PROJECT MANAGEMENT
Principal in Charge $317.00
Senior Project Executive $294.00
Project Executive $287.00
Senior Project Manager | Senior Technical Manager $278.00 Project Manager | Technical Manager $273.00
Engineering Manager | Surveying Manager | Planning Manager $251.00
TECHNICAL STAFF
Senior Project Engineer | Senior Project Surveyor | Senior Project Planner $233.00 Project Engineer | Project Surveyor | Project Planner $205.00 Design Engineer | Staff Surveyor | Staff Planner $179.00 BIM Specialist I, II, III $179.00 - $205.00 - $233.00
Technician I, II, III, IV, V $ $170.00 - $181.00 - $198.00 - $213.00 - $230.00 Drafter I, II, III, IV $133.00 - $146.00 - $158.00 - $175.00 Engineering Assistant | Surveying Assistant | Planning Assistant $111.00
FIELD SURVEYING
Survey Party Chief $233.00
Instrument Person $200.00
Survey Chainperson $150.00
Utility Locator I, II, III, IV $122.00 - $172.00 - $207.00 - $235.00 Apprentice I, II, III, IV $92.00 - $124.00 - $137.00 - $145.00
CONSTRUCTION ADMINISTRATION
Senior Consultant $305.00
Senior Construction Administrator $266.00
Resident Engineer $197.00
Field Engineer I, II, III, IV $179.00 - $205.00 - $233.00 - $250.00
FUNDING & GRANT MANAGEMENT
Director of Funding Strategies $218.00
Funding Strategies Manager $200.00
Funding/Research Analyst I, II, III, IV $137.00 - $158.00 - $168.00 - $185.00
PROJECT ADMINISTRATION
Project Coordinator $149.00
Senior Project Assistant $128.00
Project Assistant $113.00
Clerical | Administrative Assistant $95.00
Expert witness rates are available upon request.
Subject to the terms of a services agreement:
• Charges for outside services, equipment, materials, and facilities not furnished directly by BKF Engineers will be billed as reimbursable expenses at cost plus 10%. Such charges may include, but shall not be limited to: printing and reproduction services; shipping, delivery, and courier charges; subconsultant fees and expenses; agency fees; insurance; transportation on public carriers; meals and lodging; and consumable materials. • Allowable mileage will be charged at the prevailing IRS rate per mile. • Monthly invoices are due within 30 days from invoice date. Interest will be charged at 1.5% per month on past due accounts.
• The rates shown are subject to periodic increases, including January 1st of each year.
April 1, 2025
Lindsey Moder
TEF Design
1420 Sutter Street
San Francisco, CA 94109
Re: Soledad Street Properties - Entitlements Consulting 40 Soledad Street
Salinas, CA 93901
Job No. 2025.083.00
Dear Lindsey,
We are pleased to submit this proposal to provide structural consultation services for the Soledad Street project in Salinas; thank you for considering Tipping for your team. This proposal is intended to support the entitlement and project planning process currently underway. We are basing this proposal on our discussions with you and your request for a proposal emailed on March 27, 2025, which included conceptual renderings of the proposed project.
We understand that the current phase of the project, covered by this proposal, will develop the plans to a schematic level for 3 separate buildings located on existing parcels at 34-40 Soledad Street, 45 Soledad Street and 37 Soledad Street. We understand that two separate entitlements packages will be submitted for approvals. Package 1 will include the work at 37 Soledad Street. Package 2 will include the work at 34-40 Soledad Street and 45 Soledad Street.
The proposed plans envision the following scope for the various properties:
• 37 Soledad Street: This is the site of the former Republic Cafe. We have proposed to perform a Historic Structures Report (HSR) as part of a separate agreement with your office. This proposal assumes that the work for the HSR and schematic entitlements design will be distinct and separate scopes under different agreements. The fees associated with this proposal assume that the HSR work under a separate agreement will proceed concurrently. The proposed plans call for the rehabilitation of the existing two-story, wood-framed building, with a possible horizontal or vertical addition to create a mixed-use structure housing a local museum with affordable housing. Our work will be to outline the structural interventions needed to stabilize, seismically strengthen, and reinforce the building frame and foundations to support the new addition.
Soledad Street Properties - Entitlements Consulting April 1, 2025 • 34-40 Soledad Street: This portion of the project includes 4 parcels that were previously combined to make one. There is a historically significant building on one of these parcels that will be maintained and rehabilitated with additions around and above it for affordable housing (a new 5 story, podium-type multifamily structure). Our work during this phase will focus on the existing structure (at 38 Soledad) and modifications required to rehabilitate and integrate it with the planned new housing structure. We may provide limited consulting related to the proposed structural assemblies envisioned for the new building, but we understand that significant structural input is not required during this phase of the project for propsed new construction.
• 45 Soledad Street: This portion of the project is located on a corner lot that is currently cleared.
The proposed plans call for a new building that is meant to approximate a previous two story building that existed on this site - with an additional 1 to 3 stories above planned as affordable housing. Our work for this project will be limited to preliminary advice on framing assemblies, foundation considerations, and column grid coordination between the lower and upper structure (which is envisioned to have a setback).
As part of this effort, we will advise on design strategies and structural assemblies, and respond to questions regarding constructibility, cost, and permitting considerations. We will coordinate design concepts with the architectural program and make recommendations as appropriate. We will meet with the design team, as may be necessary, to review and discuss design options and considerations. If geotechnical recommendations are available, we will advise on alternative foundation systems and site considerations. We will make verbal and written recommendations, and provide redline markups or diagrammatic structural sketches, and we will provide a structural narrative if requested. We will not be providing a set of drawings.
We propose to provide basic structural engineering services for the above work for the sum of $24,500.00, excluding reimbursable expenses. The work will be done in accordance with the enclosed General Conditions. We estimate our fee will be broken down by work on the various properties as follows:
Property Estimated Fee
37 Soledad $8,500.00
34-40 Soledad $12,500.00
45 Soledad $3,500.00
$24,500.00
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Soledad Street Properties - Entitlements Consulting April 1, 2025 If you find this proposal acceptable, please sign and return a copy as our authorization to proceed.
Please call if you have any questions.
Sincerely, Accepted:
______________________________________________
Signature
______________________________________________
Marc Steyer, SE, LEED AP Printed Name and Title
Principal
______________________________________________
Date
25083.wa.odt
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MEP Engineering | Fire/Life Safety | Lighting Design | Energy Consulting | Building Technologies | Commissioning Interface Engineering Inc
1999 Harrison Street, Suite 550
Oakland, CA 94612
TEL 415.489.7240
www.interfaceengineering.com
April 2, 2025
Lindsey Moder
TEF Design
1420 Sutter Street, 2nd Floor
San Francisco, CA 94109
Re: 39 Soledad Street and 34-40/45 Soledad Street Entitlements Professional Services Proposal
Dear Lindsey:
Thank you for the opportunity to provide you with our proposal for the 39 Soledad Street and 34-40/45 Soledad Street Entitlements project.
This proposal is based on our Standard Provisions of Agreement for Professional Services, which is attached and incorporated by this reference.
PROJECT DESCRIPTION
Project Owner
City of Salinas
Project Location
39 Soledad Street and 34-40/45 Soledad Street
Salinas, CA 93901
Project Description
The scope of this project is to provide Mechanical, Electrical, Plumbing, and Fire Protection consulting services for the entitlements phase for various properties on Soledad Street. Interface will provide guidance for spatial requirements for housing systems and input on utility service sizes and POCs. We will also respond to comments on the entitlements set as required. There will be two packages:
Package One: 34-40 and 45 Soledad Streets
The City would like to package these two sites together to make the project more enticing for a developer.
34-40 Soledad includes 4 parcels that were previously combined to make one. There is a historically significant building on one of these parcels that will be maintained and rehabilitated with additions around and above it for affordable housing.
45 Soledad is a corner lot. The proposed project is meant to approximate a previous building that existed on this site - with an addition above, also for affordable housing.
Package Two: 37 Soledad Street
This is the site of a National Register listed historic building called the Republic Cafe. The building will be rehabilitated and an addition / stories above will be added to create a local museum with affordable housing above.
Interface Engineering Inc
39 Soledad Street and 34-40/45 Soledad Street Entitlements April 2, 2025
Professional Services Proposal
Sustainable Design Requirements
Project is not anticipated to pursue LEED® certification or any other third-party green building certifications/incentive programs. We will include energy efficiency designs where feasible and cost effective.
INFORMATION SOURCE
Based on RFP/email from Lindsey Moder dated March 27, 2025.
ASSUMPTIONS
Based on information received, we understand that this project:
• Packages will be designed and permitted concurrently. • Project will not be a high rise.
• Project will not be a LEED® project.
• Project Funding: We have assumed and understand that funding for this project has been secured or will be in place when project design starts. We have not assumed that payment for services will be held or delayed due to any funding delays or issues.
PROJECT SCHEDULE
• Entitlements: Approximately 3 months.
Note: Dates listed above are approximate based on information provided. However, substantial changes to the schedule above, and start/stops to project progress may result in additional services and fees.
MEETINGS AND DESIGN SITE VISITS
Up to four virtual meetings and conference calls.
DESIGN SUBMITTALS
Entitlements Package (MEPF Space Matrix, Utility Service Markups)
CONSTRUCTION COSTS
Total Construction Cost is undisclosed.
EXCLUSIONS AND CLARIFICATIONS
1. Design drawings are not included. Interface will provide a Space Matrix in Excel format and PDF markups.
2. Stamping/sealing of design documents by registered engineer are not included.
3. Construction cost estimates will be by construction cost estimator. We will review cost estimator’s pricing and provide comments.
4. Life cycle cost analysis for mechanical/electrical systems are not included.
5. Energy modeling is not included.
6. Energy code check of envelope, mechanical, and lighting systems are not included.
7. Investigative site visits are not included.
8. Work associated with public street lighting or power design is not included.
9. Project related services associated with LEED and/or other third-party Green Building Certification.
10. Project related services associated with utility incentives, including energy modeling for custom track incentives, charrettes and incentive documentation are not included.
Interface Engineering Inc
39 Soledad Street and 34-40/45 Soledad Street Entitlements April 2, 2025
Professional Services Proposal
FEE
Fixed Fee
Project Phase
Mechanical
Engineering
Electrical
Engineering
Fire/Life
Safety Phase Totals
Entitlements Phase $5,000 $3,500 $1,000 $9,500
Total Fee: $9,500
*Plus reimbursable expenses noted below.
PAYMENT TERMS
Standard reimbursable expenses include, but are not limited to: final plots, project mileage to jobsite or meeting locations, parking, shipping, and messenger services.
Billed in addition to the above fee at cost plus 10 percent processing fee.
We will bill fees and reimbursable expenses monthly as services are performed. Payment is due within 60 days of receipt of invoice. Finance charges may be added after that time at a rate of 1.5 percent per month (annual rate of 18 percent). Finance charges will be applied to delayed payments resulting from lack of project funding. Upon aging of fees and reimbursable expenses beyond 90 days, Interface reserves the right to meet with Architect and holder of Prime Contract to determine resolution prior to continuation of services.
This proposal is valid for 90 days from the date first written above. Interface Engineering Inc (Interface) reserves the right to modify or update this proposal after that date.
ADDITIONAL SERVICES
Services requested beyond those included in this proposal will be considered extra services and will be billed either at hourly rates listed below or will be estimated on a lump sum basis. Interface may decline to perform additional work until authorization is received in writing.
Additional services will be billed at our standard hourly rates at the time the work is performed*. Our current standard hourly rates (2025) are:
Senior Principal: $375/Hour
Principal: $325/Hour
Associate Principal: $275/Hour
Associate/Project Manager: $260/Hour
Sr. Engineer-Designer: $230/Hour
Engineer-Designer: $185/Hour
Project Designer-Drafter: $165/Hour
Administrative: $135/Hour
*Annual rate changes are expected to be 4% per year.
Interface Engineering Inc
39 Soledad Street and 34-40/45 Soledad Street Entitlements April 2, 2025
Professional Services Proposal
DESIGN-BUILD SERVICES
If design-build services are provided, Client acknowledges that Interface will provide performance specifications. In the event that drawings are provided, they will be conceptual drawings only. Conceptual drawings and performance specifications are intended as guidelines for the design of system(s) by the design-build contractor. Conceptual drawings and performance specifications are not intended for use to obtain a building permit or as bid documents. The design-build contractor is responsible for complete design, engineering, permit documents, construction documents, and coordination with architectural, all trades and utilities, and governing jurisdictions and licensing agencies. The design-build contractor is responsible for system quantities, capacities, routing, and installation adequate for its intended use. All detailing by design builder. Client agrees that Interface is not responsible for the design and will indemnify and hold harmless Interface for any and all claims, damages, allegations, and costs, including attorneys' fees at trial, arbitration and on appeal, arising out of the design and installation of design-build systems.
Client acknowledges that Interface's review of submittals by design-build contractor is for the limited purpose of checking for conformance with the performance concept expressed in the contract documents. Interface's review does not constitute approval of safety precautions, means and methods, approval of an assembly, or approval of a component.
Attached is our Standard Provisions of Agreement for Professional Services. If this Proposal and the Standard Provisions of Agreement meet with your approval, please sign below, initial the Standard Provisions, and return to us. By your signature, you acknowledge that you have read the Standard Provisions of Agreement and that you read and agree to the Limitation of Liability paragraph. We will not proceed with the work until this signed Agreement is returned to us. In addition, you represent that you have authority to bind TEF Design. If you have modified this proposal, we will review your modifications.
This Agreement shall not be in effect until we sign, accepting your modifications.
If you have any questions, please contact this office.
Sincerely,
Wesley Lau, PE, LEED AP Hormoz Janssens, PE, LEED AP
Principal Managing Principal
Enclosures: Standard Provisions
COMPANY: TEF Design
CONTACT: _____________________________________ ______________________________ Lindsey Moder, AIA, Associate Date
L:\Opportunities\2025\TEF Design\39 Soledad Street and 34-40_45 Soledad Street Entitlements\Fee Proposal\20250403FP - 39 Soledad Street and 34-40-45 Soledad Street Entitlements.docx p. 1
October 29, 2024, Revised June 10, 2025
Grant Leonard
City of Salinas
Planning Manager, Community Development Department
65 West Alisal Street, 2nd Floor
Salinas, CA 93901
[email protected]
Re: 37 Soledad Street/Republic Cafe - Historic Structures Report, Structural Upgrades and Building Shell Improvements
Dear Grant,
Thank you for this opportunity for TEF Architecture & Interior Design, Inc. (TEF, TEF Design or Design Team) to submit our proposal for architectural design and historic preservation services for improvements to the historic Republic Cafe, located at 37 Soledad Street in Salinas’ Chinatown. The overall intent of the project is to establish the building’s historic significance and integrity through the preparation of a Historic Structure Report, to understand the financial feasibility of using the property for mixed use and residential uses, and to complete structural upgrades and building shell improvements in order to bring the building to a stable and watertight condition. We understand that this project is categorized as an emergency stabilization and will be exempted from NEPA review requirements prior to the initiation of the project.
DESCRIPTION of SCOPE
The Republic Cafe was designed and constructed in 1942 and owned by the prominent local Salias Chinatown family of Wallace Ahtye. The building played an important part in the development and business district of Salinas’ Chinatown, was listed in the National Register of Historic Places in 2011, and is a State and local landmark. The City of Salinas Community Development Department has recently purchased the building.
Given the extensive disrepair and extreme structural degradation of the building, the City has asked TEF to prepare a Historic Structure Report (HSR). For this effort, TEF will serve as the historical architect and lead the evaluation and report effort. We have invited Gretchen Boyce, architectural historian from Groundwork Planning (GP) and Marc Steyer, Structural Engineer from Tipping Engineers, Inc. to join our team. With limited, specific scopes, these consultants will provide a thorough building evaluation.
The primary focus of this project will be emergency stabilization structural upgrades and repairs to the building shell. Note that a full rehabilitation of the building exterior will occur at a future design phase. The intent of this phase as it pertains to the historical integrity of the building is to secure historic components to the building and to prevent their further degradation.
The base scope of work includes structural upgrades to the historic, two-story, reinforced concrete building. Additional shell improvements will be required to bring the building to a watertight and secure condition, including but not limited to:
● Select minimal demolition (including architectural, structural, plumbing, mechanical and electrical systems) to complete structural upgrades and to ensure safety on site during construction; ● Full roof replacement, including repair or replacement of roof drainage components; ● Temporary securement of architectural components at primary west facade; attachment methods to be designed to not damage historic structure or materials (alternatively, some components 1420 Sutter Street, Floor 2, San Francisco, CA 94109 | TEFarch.com p. 2
may require removal and storage until a further design stage; ● Boarding up of existing facade openings (doors and windows); ● Repair of cracks, spalls, additional damage to exterior stucco and concrete exterior walls to watertight condition;
● For the purposes of budgeting, TEF will include fire sprinkler protection of the building in the schematic design costing set. If the Client elects to move forward with a Fire protection system through Construction Documents, a plumbing engineer will be brought on to the team (as an additional service with an added cost) to provide criteria documents for a design-build fire protection system (see Additional Services).
● The project will result in a cold shell structure. The building will not be conditioned, but will have code-required safety lighting and (at the option of the City) may have a fire protection system installed. Emergency lighting will be designed by the contractor on a design-build basis. Interior finishes will include plywood flooring and unfinished gypsum board walls.
In order to complete this work, the building will first be fully documented to generate as-built drawings and a civil site survey to document existing utilities, site topography etc. An existing conditions site analysis is required for both the HSR and upgrade work and will be completed in two separate visits. A summary of the project team, scope, and assumptions are listed below and in the attached Exhibit B: Task & Hours Summary. Any variance from the items outlined below may require a revision to the proposed fees.
PROJECT TEAM & DISCIPLINES
ARCHITECT & PRESERVATION ARCHITECT
TEF Design, 1420 Sutter St., 2nd Flr, San Francisco, CA 94109 Maryam Rostami, Principal and Lindsey Moder, Project Manager and Preservation Architect
ARCHITECTURAL HISTORIAN
Groundwork Preservation LLC, 26445 Cape Horn Rd, Colfax, CA 95713 Gretchen Hilyard Boyce, Principal
STRUCTURAL ENGINEER
Tipping Engineers, 1906 Shattuck Avenue, Berkeley, CA 94704 Marc Steyer, SE, Principal
CIVIL ENGINEER
BKF Engineers, 255 Shoreline Drive, Suite 200, Redwood City, CA 94065 Jonathan Tang, PE, Associate Principal
COST ESTIMATOR
TBD Cost Consultants, 2063 Grant Road, Los Altos, CA 94024 Deo Bhalotia, Principal
1420 Sutter Street, Floor 2, San Francisco, CA 94109 | TEFarch.com p. 3
PROJECT SCOPE & PHASES
The project scope of work described herein is based on a phone conversation with members of the City’s Community Development Department on October 16, 2024.
HISTORIC STRUCTURE REPORT (HSR)
1. Gather and review available building information in preparation for site visit.
2. Attend site visit* to document building conditions photographically and graphically by hand. Our evaluations will:
a. Be completed from ground using visual observation only; b. Include evaluation of interior spaces and finish conditions; c. Include evaluation of the roof and roofing components; d. Identify observed and known deferred maintenance, repairs, and required replacements; e. Identify character defining features.
*Project team will require assistance from the City to coordinate a site visit, to remove existing plywood from the building facade to enable visual inspection of all building elevations and access to the building interior, and to provide additional presence on site during the evaluation.
3. Complete research at pre-identified local repositories and online, as needed. (TEF & GP only)
4. Attend & facilitate (1) meeting with the City to present findings of team investigation (TEF & GP only)
5. Complete report and submit to the City.
Meetings
1. Site Investigation Results Meeting with the City
Deliverable Dates:
1. Historic Structure Report Draft: October, 2025
BUILDING STRUCTURAL UPGRADES AND BUILDING SHELL IMPROVEMENTS Phase 1: Building Existing Conditions Assessment
1. Initial site visit to:
a. Review site survey and grades with Civil Engineer (to occur at HSR site visit); b. Review building deficiencies with structural engineer; c. Take existing conditions measurements to confirm existing drawings; d. Fully document building existing conditions (photographically, in drawings and in words); e. Document existing building systems and service points of connection
2. Prepare base drawings (incorporating existing conditions) using existing drawings** and documented building measurements.
a. Architect will document existing MEP systems/ components with the understanding that they will all be demolished back to source for future redesign. b. Structural Engineer to prepare existing conditions drawings to document building structural components.
c. Base drawings to include:
i. Site Plan (based on Civil Survey)
ii. Floor Plans
iii. Roof Plan
iv. Elevations
v. Building Section
**Note: TEF has located as-built drawings prepared by The Architecture Company in 2009. A reimbursable cost has been included here to purchase these drawings. 1420 Sutter Street, Floor 2, San Francisco, CA 94109 | TEFarch.com p. 4
3. Complete building code analysis. Prepare a memo that identifies code requirements and recommendations as related to current codes and Fire Marshal requirements.
Meetings:
1. Bi-weekly call-in meetings with the City, Architect and appropriate AE Team members. Topics to include, but not limited to: Conditions survey findings, and approach to building stabilization.
2. Regulatory Meetings (1 meeting per AHJ):
a. Salinas Fire Marshal
b. City of Salinas Building Department
Deliverable Dates:
1. As-built drawings: September, 2025
2. Code Memo: September, 2025
Phase 2: Schematic Design
1. Develop and refine demolition and conceptual plans and for the City’s consideration, review, and comments. Considerations for the conceptual plan may include:
a. Required demolition and/or salvage (including MEP systems) b. Historic elements (interior and exterior) to remain
c. Structural Upgrades. SE will prepare two schemes.
2. Consult with AE Team and cost estimator on demolition, structural upgrade schemes, and exterior envelope repairs and document to inform a Project Cost of Work. a. Provide directives on any non-standard or potentially costly repairs for building envelope and/or new design items.
b. Review Project Cost of Work with the City, including format, categories and assumptions.
3. Prepare for and present to the Salinas Historic Resources Board. This Presentation will include presentation of both the results of the HSR efforts and endeavor to show that the proposed project work is in keeping with the Secretary of the Interior's Standards for the Treatment of Historic Properties. (TEF, Tipping)
a. 1.5-hr in-person presentation (slideshow)
4. Structural Engineer to develop a full scope of services to complete Design Development, Construction Documents, Bidding, and Construction Observation for the Republic Cafe Structural Upgrades following Phase 2 Schematic Design. Please note that Structural Engineer fees provided herein for Phases 3, 4, and 5 are estimated. See Tipping Proposal Exhibit D.
Meetings:
1. Bi-weekly call-in meetings with Owner, Architect and appropriate AE team members. Topics to include, but not limited to: conceptual design review, cost estimate, and presentation to HRB.
Deliverables:
1. Conceptual level building demolition plans.
2. Two conceptual level structural upgrade schemes
3. Conceptual level proposed roof and floor plans, building elevations and building sections annotated with relevant rehabilitation and design work.
4. Cost Estimate
5. HRB Presentation SlideDeck
6. Written Scope of Services to complete Design Development, Construction Documents, Bidding, Construction Observation for the historic Fred Turner Building rehabilitation.
1420 Sutter Street, Floor 2, San Francisco, CA 94109 | TEFarch.com p. 5
Deliverable Dates:
1. Conceptual Level drawings: Late September, 2025
2. Comments on Cost of Work estimate: October, 2025
Phase 3: 90% Construction Document for Building Permit and Pricing
1. Advance design documentation to 90% Construction Documents* and Technical Specifications for Building Permit Submittal for City's approval and as bid documents. a. Construction Drawings and Specifications shall be sufficient for construction of the project.
b. Client and team will choose one schematic structural upgrade scheme to progress to Construction Documents.
2. Update project construction cost estimate and review with the City.
Meetings:
1. Bi-weekly call-in meetings with the City, Architect and appropriate AE Team members.
Deliverables:
1. PDF of Permit Submittal Construction Documents (drawings, technical specifications in CSI format Division 2 through 32, structural calculations) for Building Permit. PDF of 100% Submittal Construction Documents for Building Permit:
a. Drawings to include:
i. Title and building code summary sheets;
ii. Site plan
iii. Demolition basement, first floor and roof plans, and demolition elevations/sections;
iv. Floor plans;
v. Building elevations and sections – elevations to include facade repair notes; vi. Exterior repair details;
vii. Structural Foundation and framing plans, and structural details; b. Technical specifications in CSI format Division 2 through 32; i. Division 1 specifications pertaining to historic preservation requirements only; c. Structural calculations
2. Appropriate Division 1 specifications pertaining to historic preservation treatment plans, selective demolition, and building monitoring.
3. Ten copies of Construction Documents for Bidding and make available "camera-ready" PDF copies
Deliverables Date:
1. Building Permit Set Submittal: January, 2026
Needed from the City:
1. The City shall provide "front-end" specifications of Project Manual including Instruction to Bidders, Contract, General Conditions and Division 1.
Phase 4: Conformed Set (100% Construction Documents)
1. Meet with City permit review staff as needed to refine plans for resubmittal. Obtain final permit.
2. After receipt of City's approval of Working Drawings, Technical Specifications, and results/changes based on external cost estimate and constructability review, assemble 100 % Final specifications and drawings.
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Meetings:
1. Up to two (2) meetings with Permit Service Center
2. Bi-weekly call-in meetings with the City, Architect and appropriate AE Team members.
Deliverables:
1. Building Permit Set Resubmittal including Building Department permit comment responses
Deliverable Dates:
1. Building Permit Set Resubmittal: TBD.
2. 100% Submittal Construction Documents: TBD
Phase 5: Construction Administration and Project Closeout
1. Support the City and the Contractor in the construction of the project in accordance to the contract documents, schedule and budget; and in the turnover of a complete project. The City shall provide prompt written notice to the Architect if theCity becomes aware of any fault or defect in the project, including errors.
2. Lead the design team and coordinate with the contractor and the City during construction. a. Review General Contractor’s Construction Schedule.
b. Response to field inquiries and RFI’s – Assume 20 RFIs c. Create Architect’s Construction sketches – Assume 10 ASKs and 30 per each consultant d. Review submittals and coordination of reviews by the City – Assume 10 submittals plus (1) resubmittal per each submittal
e. Develop and issue Supplemental Instructions – Assume 10 ASIs f. Review change order proposals and change orders prepared by others.(up to 15) g. Review contractor pay applications (assume 12)
h. Attend monthly project construction meetings. (GC to lead meetings and issue minutes.) i. Perform quality-assurance/field observation walks following regularly scheduled project meetings, and prepare site observation reports – assume 6 reports j. Coordinate code-related changes to the project with the City.
3. Manage the Design Team’s final review and punch list efforts a. Coordinate the design team and perform punch list walks, and issue in writing to GC the observations or corrections required for inclusion in punch list – assume 2 punch lists i. Conduct two rounds of on-site review.
ii. Approve completed punch list.
Meetings:
1. On-site Construction meetings – 6, bi-monthly
2. Telephone Construction meetings- 24, every other week except for on-site per above
3. Two site walks total for punch list
Schedule Estimate
1. Construction and construction close-out duration assumed 12 months
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ADDITIONAL SERVICES
The Additional Services listed below are not included in the Basic Services but may be required for the Project.
1. Drone Services: Fee to hire drone services for additional photos of the building. See Spaur Group Proposal Exhibit H.
2. Prepare and manage team development of as-built drawings. a. Review GC’s as-built drawings for architectural, civil, landscape, structural, plumbing, mechanical, electrical and lighting, and coordinate effort to deliver a complete Record Set for the project.
3. Structural Engineering for Phases 3 through 5: Scope & fee clarifications based on scope determined in Phase 2: Schematic Design. See Tipping Proposal Exhibit D.
4. Fire Protection System: Coordination & plumbing engineering services for design-build criteria documents
ASSUMPTIONS
1. Project drawings will be generated in Revit. Delivery of AutoCAD to the City may be requested but no specific CAD standards are required.
2. Civil Site Survey will be prepared in CAD and shared with the City in native format. No specific CAD standards are required.
3. All work shall comply with current codes.
4. The Client will provide continuity of staff to serve as the primary contact(s) through the duration of the project.
5. See Exhibit A for the proposed project schedule.
6. The following are the responsibility of the City:
a. Geotechnical investigation and report including foundation design recommendations and seismic site.
b. Pest and termite inspection and report.
c. Hazardous materials investigation and report. The Architect and our Consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure to, hazardous materials or toxic substances in any form at the project site.
d. Destructive testing.
e. Permit submittal costs
EXCLUSIONS
GENERAL
1. Work related to the investigation or handling of Hazardous Materials
2. Materials testing and inspections or selective demolition
3. Geotechnical Investigations
4. Design or installation of building security systems
5. Generation of multiple conceptual design plans and multiple and additional revisions/iterations of conceptual and schematic design plans.
6. Meetings and presentations additional to those listed in Scope of Services.
7. Overall project management, including overall project and construction schedule, project budget and project bidding process.
8. Presentation drawings and renderings (of elevations, floor plans and 3-D views), and physical and computerized models (hard copy and/or digital) for the City's use. 1420 Sutter Street, Floor 2, San Francisco, CA 94109 | TEFarch.com p. 8
9. Phasing plans and strategy.
10. Environmental review, documentation, coordination or completion of required mitigation measures required by Salinas Planning Department, California Environmental Quality Act (CEQA), or National Environmental Protection Act (NEPA) may be completed as an additional service to this proposal.
11. Not responsible for tests, inspections, and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials.
12. Not responsible for all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the City’s needs and interests.
13. Energy, comfort (temperature) and thermal computational modeling and related graphic imagery.
14. LEED or any other sustainable design program documentation and submittal for certification..
15. Redraw or redesign due to unforeseen conditions – including unknown site conditions, impact of surrounding project (as identified by City’s approval process), unpredictability of bid climate and escalating construction cost.
16. Emergency generator.
17. Renewable energy such as photovoltaic arrays and systems.
18. Front End Documents including the following typically included in a Project Manual:
Introductory Information, Bidding Requirements, Instructions to Bidders, Contracting Requirements, Division 1 and Division 2 of the Specifications Sections
19. Special documentation of additive or deductive bid alternates in Construction Documents.
20. Review of bidders’ pre-qualifications.
21. Construction means and methods.
CONSTRUCTION ADMINISTRATION
1. Meetings and presentations additional to those listed in Scope of Services
2. Overall project management and construction management, including overall project and construction schedule, project budget, bidding process and direction to selected general contractor
3. Establishing design criteria for designing or making field observations of shoring for building excavations or underpinning of adjacent structures, or temporary support of building elements during construction.
4. Continuous and/or detailed inspections of construction including Special Inspections as defined in Section 1704 of the California Building Code.
5. Special construction and inspections – Typically conducted by the City’s engineering testing laboratory.
6. Submittal list – Typically prepared by the General Contractor.
7. Construction administration services beyond 12 months
8. Additional RFI or Submittal review beyond the assumptions listed above
9. Prepare Requests for Proposal (RFP)
10. Review proposals prepared by General Contractor
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FEE SUMMARY
The proposed fees are lump sum figures, as follows:
HSR Fee Summary
TEF Design (Historical Architect) $47,337.00
Groundwork Planning (Architectural Historian) $23,824.19 Tipping Structural Engineers (Structural) $5,250.00
TOTAL $76,411.19
Structural Upgrades Fee Summary
TEF Design (Historical Architect) $166,913.92
Tipping Structural Engineers (Structural) $10,250.00 (excludes Phases 3-5) BKF Engineers (Civil) $8,250.00
TBD Consultants (Cost Estimate) $41,360.00
TOTAL $226,773.92
A breakdown of the team proposed fees can be found in the attached Exhibits C, D, E, and F. Fees will be invoiced on a monthly basis on percentage of completion. Reimbursable expenses will be invoiced monthly. Additional services will be performed only upon your written authorization, should they be requested. Please note that the structural engineering fees provided for Phases 3, 4 & 5 of the Building Structural Upgrades & Building Shell Improvement phases are estimates. Any additional scope that is determined during Phase 2 will be proposed as an additional service.
Additional Services
Drone Services (See Exhibit G) $488.58
CONCLUSION
Please feel free to contact me if you have any questions or comments. If you agree with the terms of this proposal, please sign below. We are excited to continue supporting the City of Salinas with this project.
Sincerely,
Maryam Rostami, AIA, LEED AP, NOMA, LFA Douglas Tom, FAIA, LEED AP Principal Founding Principal
Agreed by Date
1420 Sutter Street, Floor 2, San Francisco, CA 94109 | TEFarch.com p. 10
Attachments: Exhibit A - Proposed Project Schedule
Exhibit B - Task & Hours Summary: Architectural, dated 28, October 2024 Exhibit C - GroundWork Preservation Proposal
Exhibit D - Tipping Engineers Proposal
Exhibit E - BKF Engineering Proposal
Exhibit F - TBD Consultants Proposal
Exhibit G - Spaur Group Proposal
1420 Sutter Street, Floor 2, San Francisco, CA 94109 | TEFarch.com 37 Soledad Street HSR & Structural Upgrades
PROPOSED Project Schedule10/29/24, Revised 06/10/25
TEF Design 10/29/24
37 Soledad Street HSR and Structural Upgrades
City of Salinas
TASK & HOURS SUMMARY: Design Team Summary
HSR Fee Summary Structural Upgrades Fee Summary Financial Feasibility Analysis TEF Design (Historical Architect) $47,337.00 TEF Design (Historical Architect) $166,913.92 EPS Inc (Market Study) $12,500.00 Groundwork Planning (Architectural Historian) $23,824.19 Tipping Structural Engineers (Structural) $10,250.00 (excludes Phases 3-5) TOTAL $12,500.00
Tipping Structural Engineers (Structural) $5,250.00 BKF Engineers (Civil) $8,250.00 TBD Consultants (Cost Estimate) $41,360.00
TOTAL $76,411.19 TOTAL $226,773.92
Additional Services
Drone Services $488.58
BASIC SERVICES FIRM
HSR Tasks
TEF
Design
(Historical
Architect)
Tipping
Engineers
(Structural
Engineer)
Groundwork
Planning
(Architectural
Historian)
Total
1.0 Gather and review available information $530.00 $1,000.00 $2,240.00 $3,770.00
2.0 Attend Site Visit $4,680.00 $1,000.00 $3,180.00 $8,860.00
3.0 Complete Research $670.00 - $3,180.00 $3,850.00
4.0 Present Findings to Client $670.00 - $560.00 $1,230.00
5.0 Complete and submit report $38,260.00 $3,000.00 $14,100.00 $55,360.00
6.0 Project Mangagement $2,000.00 - - $2,000.00
Reimbursable Expenses $527.00 $250.00 $564.19 $1,341.19 TOTAL $76,411.19
BASIC SERVICES FIRM
Structural Upgrade Tasks
TEF
Design
(Historical
Architect)
Tipping
Engineers
(Structural
Engineer)
BKF
Engineers
(Civil Engineer)
TBD
Consultants
(Cost Esimate)
Total
Phase 1: Building Existing Conditions Assessment (3 weeks)
1.1 Attend Site visit $3,120 $1,000 $500 - $4,620.00
1.2 Prepare Existing Conditions Drawings $7,600 $2,000 - - $9,600.00
1.3 Building Code Analysis $1,840 - - - $1,840.00
1.4 Bi-weekly Project Meetings (1) $750 - - - $750.00
1.5 Project Mangagement $2,000 - - - $2,000.00
Task 1 Sub-Total $18,810.00
Phase 2: Schematic Design ( 3 weeks)
2.1 Develop Schematic Design Drawings $7,200 $7,000 $7,500 - $21,700.00
2.2 Cost Estimate Coordination $1,840 - - $18,800 $20,640.00
2.3 Prepare for HRB Presentation $2,400 - - - $2,400.00
2.4 Attend HRB Presentation $3,360 - - - $3,360.00
2.5 Bi Weekly Project Meetings (4) $3,000 - - - $3,000.00
2.6 Project Management + QC $2,000 - - - $2,000.00
Task 2 Sub-Total $53,100.00
Phase 3: 90% Construction Documents (10 weeks)
3.1 Develop Construction Documents $19,400 - - - $19,400.00
3.2 Develop Technical Specfications $13,600 - - - $13,600.00
3.3 Update Construction Cost Estimate $2,120 - - $22,560 $24,680.00
3.4 Prepare Permit submission to City $650 - - - $650.00
3.5 Bi-weekly Project Meetings (8) $4,080 - - - $4,080.00
3.6 Project Management + QC $2,040 - - - $2,040.00
Task 3 Sub-Total Task 3 Sub-Total $64,450.00
Phase 4: Conformed Set (100% Construction Documents) (3 weeks)
4.1 Respond to City Questions/ attend meeting with review staff (virtual) $3,040 - - - $3,040.00
4.2 Revise Drawings $3,480 - - - $3,480.00
4.3 Revise Specifications $4,080 - - - $4,080.00
4.4 Bi-weekly Project meetings (4) $2,040 - - - $2,040.00
4.5 Project Management $1,360 - - - $1,360.00
Task 4 Sub-Total $14,000.00
Phase 5: Construction Administration and Project Close-out (assume 12 month construction duration)
5.1 Review GC Schedule $1,240 - - - $1,240.00
5.2 Respond to RFIs (up to 20) $11,800 - - - $11,800.00
5.3 ASKs (up to 10) $5,900 - - - $5,900.00
5.4 Submittal Review (up to 10) $7,300 - - - $7,300.00
5.5 ASIs (up to 10) $7,300 - - - $7,300.00
5.6 Change Order review (up to 15) $6,750 - - - $6,750.00
5.7 Contractor Pay Application Reviews (up to 12) $3,400 - - - $3,400.00
5.8 OAC Meetings - virtual (24) $7,440 - - - $7,440.00
5.9 Site Walks (6) $16,560 - - - $16,560.00
5.1 Punch walk and write up (2) $5,860 - - - $5,860.00
Task 5 Sub-Total $73,550.00
Reimbursable Expenses $2,363.92 $250.00 $250.00 $0.00 $2,863.92 TOTAL $226,773.92
Project Name:
Date:
Prepared By:
Prepared For:
Notes
Rate Unit Qty Cost Qty Cost Qty Cost Qty Cost
$190.00 Hour 8 $1,520.00 24 $4,560.00 62 $11,780.00 94 $ 17,860.00 Task 2: Assumes 2 staff for
1 day site visit including
travel time.
Associate Cultural Resources Historian $90.00 Hour 8 $720.00 20 $1,800.00 32 $2,880.00 60 $ 5,400.00 Task 3: Includes up to 2
hours of meetings with
client to discuss findings.
Total $ 23,260.00
Expense Description Rate Unit Qty Cost Qty Cost Qty Cost Qty Cost Mileage (1 site visit, round
trip to site from Colfax, CA =
500 miles)
Federal Rate $0.670 Mile 470 $314.90 470 $314.90
Per Diem (meals)
Daily Rate
(Monterey
County)
$74.00 Day 2 $148.00 2 $148.00
Research Fees $50.00 Flat rate 1 $50.00 1 $50.00
10% Markup $0.00 $51.29 $0.00 0 $51.29
Total $564.19
Total Direct
Labor
Total
Expenses
Total
Project Cost
$564.19
$2,240.00 $6,924.19 $14,660.00 $23,824.19
$0.00 $564.19 $0.00
$23,260.00
Task 1: Background
Review
Task 2: Site
Visit/Research Task 3: Final HSR
$2,240.00 $6,360.00 $14,660.00
Expenses
Totals
October 22, 2024
Totals
Labor
Lindsey Moder, TEF Architects
Task 1: Background
Review Task 3: Final HSR
Task 2: Site
Visit/Research
3 Site visits are inclusive of travel time.
1 Electronic deliverables only, no printing.
2 No rounds of review and comment from client.
Gretchen Hilyard Boyce, Groundwork
Preservation, LLC
Historic Structure Report, Soledad
Street, Salinas, CA
Title
Principal
Assumptions
October 28, 2024
Maryam Rostami
TEF Design
1420 Sutter Street
San Francisco, CA 94109
Re: 37-39 Soledad Street Stabilization
37 Soledad Street
Salinas, CA 93901
Job No. 2024.294.00
Dear Maryam,
Thank you for considering Tipping for the proposed stabilization and retrofit of 37-39 Soledad Street in the historic Chinatown district of Salinas. We are delighted to work with you on this important renovation.
We have based our proposal on the scope of work described in an email from TEF Design, dated October 21, 2024 and a Market Value Appraisal Report by Pacific Appraisers dated November 22, 2022. We understand the property is part of the Chinatown Revitalization Project Plan by the City of Salinas and will ideally be preserved and improved as a cultural heritage site. The buildings are currently in poor condition, requiring stabilization. From our conversations with you, we understand that the City wishes to pursue construction of a seismic retrofit scheme as an integral part of the building stabilization, in anticipation of future improvements and use of the site.
The existing site includes two adjoining buildings constructed in 1942, each two-stories tall and totaling approximately 9,431 square feet of interior space. 37 Soledad Street, also known as the Republic Cafe, is on the National Register of Historic Places and recognized by the State of California as a historic building. A fire in October of 2022, along with much deferred maintenance, has rendered the wood-framed buildings uninhabitable.
PROJECT GOALS
As the building has been damaged by fire and neglect, and noting the historic nature of this building, the first goal is to document the existing condition of the building in a Historic Structure Report (HSR).
Following that effort, the goal will be to present options for stabilization and retrofit for future occupancy. Given that seismic renovation scope and construction costs typically vary, we understand that you will rely on Tipping providing good information and insight early in the process to inform the 37-39 Soledad Street Stabilization October 28, 2024
team's critical decision making. We anticipate that the retrofit work would consist primarily of new seismic shear walls or frames (likely at or near the front facade), possible plywood diaphragm strengthening, out of plane concrete wall to framing connections, and other localized measures to ensure the overall stability of the building and mitigate falling hazards.
Given the uncertainty related to the required retrofit scope, this proposal specifically covers the initial seismic evaluation and schematic design phase in which a scope of structural improvements necessary to meet the client goals will be created. This scope defined in schematic design drawings will serve as the basis for future phases of the project.
SCOPE OF STRUCTURAL ENGINEERING SERVICES
The Basic Services for which Tipping Structural Engineers is responsible include the analysis, design, and documentation for the seismic improvements described above. The following is a summary of the services that we will provide through the different phases of the project. Please note that as mentioned above, the scope of this proposal is only for the initial Evaluation / Scope Definition / Schematic Design phase; however, we have outlined the expected scope of future phases (which would be part of a modified or new agreement) for your reference.
Evaluation / Schematic Design / Scope Definition
• Meet with project team to coordinate the work.
• Review any existing structural drawings, geotechnical reports, or other documents made available to us.
• Make one site visit to identify and confirm the configuration of the existing structural systems and observe details of existing construction.
• Define a limited testing program to expose, measure, and document a small sampling of existing structural elements, as necessary, to be performed by an owner-retained contractor or testing laboratory.
• Perform a formal seismic assessment of the building and identify the deficiencies that need to be addressed.
• Document existing conditions for inclusion in the HSR. • Issue a preliminary set of seismic retrofit plans, including up to 2 options, for budgeting and planning.
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37-39 Soledad Street Stabilization October 28, 2024
Construction Documents
• Meet with project team to coordinate and deliver the work. • Perform engineering analysis and detailed design of seismic improvements to address noted deficiencies.
• Establish testing and inspection requirements for all structural materials and workmanship. • Prepare complete drawings, specifications, and calculations for permitting, bidding, and construction of the project.
Approvals and Bidding
• Respond to plan check comments and revise plans as necessary. • Advise and consult with client and architect during the solicitation and evaluation of contractor bids
• Issue final construction documents and addenda for construction.
Construction Administration
• Attend a pre-construction conference to answer questions about design intent or interpretation of the documents, and to examine the contractor's understanding of the project and its requirements.
• Review fabrication drawings and construction submittals for overall compliance with the structural portion of the contract documents. We assume a single round of review of complete, coordinated, and timely submittal packages that are reviewed and approved by the contractor prior to review by our office.
• Review inspection and test reports for items detailed on the structural drawings or called out in the specifications. Take necessary action on reports indicating non-conforming items. This excludes significant design revisions that may result from non-conformance with and deviations from the contract documents.
• Respond to questions from the client and/or special inspector regarding interpretation of the structural portion of the contract documents.
• Respond to contractor RFIs. This excludes redesign effort or significant changes to the approved plans due to contractor’s means and methods or requests for substitution. This also excludes the design of repair or remediation measures for damaged or inadequately performed work.
3 of 8
37-39 Soledad Street Stabilization October 28, 2024
• Visit the construction site at appropriate times to observe the progress of construction and its general conformance to structural drawings and specifications. We estimate that the project would include up to three (3) site visits during construction for periodic structural observation.
This excludes site visits for inspection, field coordination, troubleshooting, repair or remediation of damaged or inadequately performed work, and quality control efforts. • Prepare a record set of drawings.
EVALUATION / SCOPE DEFINITION / SCHEMATIC DESIGN: FEE
We propose to provide basic structural engineering services for the initial Evaluation / Scope Definition / Schematic Design Phase of the project for the fixed sum of $14,000.
ESTIMATED DESIGN FEES FOR FUTURE PHASES
Assuming the project proceeds with a scope of improvements outlined in our initial evaluation / schematic design phase, we would provide the scope of services outlined above for Construction Documents, Approvals and Bidding, and Construction Administration phases. In order for the client to make initial budgeting plans, we have been asked to provide a rough estimate of fees for these phases at this time. Below are these estimates, to be used for planning purposes only. Given the lack of scope definition, we emphasize that they are to be considered preliminary estimates that may change as the project develops.
Phase Estimated Fee Range
Construction Documents $16,000 - $34,000
Approvals and Bidding $2,500 - $5,000
Construction Administration $12,000 - $26,000
If you find this proposal acceptable, please sign and return a copy as our authorization to proceed.
Again, thank you for considering Tipping as part of your team for this project. We look forward to working with you. Please do not hesitate to contact us if you have any questions. 4 of 8
37-39 Soledad Street Stabilization October 28, 2024
Sincerely, Accepted:
______________________________________________
Signature
______________________________________________
Marc Steyer, SE, LEED AP Printed Name and Title
Principal
______________________________________________
Date
24294.wa.odt
5 of 8
BKF ENGINEERS
255 Shoreline Drive, Suite 200, Redwood City, CA 94065 | 650.482.6300 October 28, 2024
BKF No. 20242143
Ms. Maryam Rostami
TEF Design
1420 Sutter Street, 2nd Floor
San Francisco, CA 94109
Transmitted Via Email: [email protected]
Subject: 37 Soledad Street, Salinas
Land Surveying Proposal
Dear Maryam:
BKF Engineers welcomes the opportunity to submit this proposal for land surveying services associated with the project located at 37 Soledad Street in the City of Salinas, California. To arrive at the estimated effort required by our office for this project, we have outlined a proposed scope of services and determined a level of effort fee for each task.
SCOPE OF SERVICES
TASK 1: SITE MEETING
1. Existing Conditions Review: BKF will attend one (1) site meeting with the team to review the existing site constraints and conditions. We will note any potential challenges to development and confirm our scope of survey services to support the project. This task is will be performed in conjunction with the 45 Soledad Street site meeting.
TASK 2: TOPOGRAPHIC AND BOUNDARY SURVEY (37 SOLEDAD)
1. Establishment of Project Survey Control: BKF will perform a Control Survey and establish project control. Horizontal control will be based on California Coordinates System of 1983 (CCS83) relative to California Spatial Reference Network by static GPS observation. Vertical coordinates will be relative to the North American Vertical Datum of 1988 (NAVD88). BKF will establish suitable off-site survey control for use during the preparation of the topographic survey. Permanent control points such as mag nails with washers and cut crosses will be set at the project site as aerial survey targets. BKF will set the topographic survey control points, which will be located outside the project site and will be used by our sub-consultant as control for the initial base mapping.
2. Boundary Analysis: BKF will perform a Boundary Survey and prepare a Boundary Analysis that will define the development parcel area. While performing the field work associated with the topography, BKF will conduct field research for primary monumentation to establish boundary resolution. Once the research and reconnaissance has been completed, BKF will perform a boundary determination, which includes an analysis of the assembled evidence with respect to its relationship to the title and other documentary evidence.
3. Topographic Field Survey: Simultaneous to conducting the field reconnaissance discussed above, BKF will provide the field work to prepare a complete Topographic Map for the subject property. BKF will gather available public data and plans for the site and its surrounding improvements. The topographic survey will be comprised of the following:
a. Terrestrial Survey - BKF will provide the field work to prepare a Topographic Map for the subject property. The limits of the topographic survey will be the subject property and the improved width of roadways along the property frontage. The topographic survey will be comprised of identified visible site features such as roadways, pavements, evidence of significant traveled ways, walls, fences, trees 6- inches and larger in diameter and visual utility infrastructure. We will obtain a succession of spot elevations to define the general terrain of the site and immediately adjacent improvements to produce mapping at a 1-foot contour interval.
b. Utilities - Utility infrastructure within the mapping limits, including sewer, water valves, hydrants, meter boxes, storm drain and marked utilities, if encountered during the course of our field survey, will also be identified. The basic routing, inverts and orientation of the on-site gravity utilities will be identified based on field evidence and any available plans provided if to BKF prior to commencement of the survey. If as-built drawings are not provided or are inconclusive when compared to the field evidence, only data at the dipped structures will be provided. c. Utility Locating - BKF’s in-house utility locators will perform utility investigation services using standard industry acceptable methods as per California Government Code section 4216 to determine the approximate horizontal position and depth of detectable subsurface utilities within the designated area (see attached Limits of Work). BKF’s field crews will use a combination of water-based paint and pin flags to mark the results of our investigation on the ground surface. BKF crews may opt to use the Ground Penetrating Radar (GPR), if the soil conditions will return a good signal to attempt to locate water lines and other utility lines with no tracer wires. Individual field conditions will dictate the thoroughness of our subsurface utility investigation. BKF will perform a reasonable effort to determine the location of the existing underground utility lines; however, due to technical limitations of today’s most modern equipment, no guarantee (expressed or implied) can be made. Irrigation lines, empty conduits, and abandoned utilities will not be located. Potholing and excavation are specifically excluded on this proposal. This scope of work does not include clearing areas for geotechnical boring, soil sampling, and drilling operations.
d. Mapping - BKF will produce the mapping in a reproducible hard copy and electronic format. The signed hardcopy Topographic Map will be an instrument of service. Electronic mapping will be completed in an AutoCAD format and can be transferred and used by other team consultants for their work, as a courtesy.
1) The mapping is anticipated to be compiled at 1" = 20', and will also indicate individual spot elevations at various locations throughout the site. BKF will take a series of photographs for future reference and documentation of current field conditions encountered during the time of our survey.
2) The vertical control for the survey will be tied to the North American Vertical Datum of 1988 (NAVD88), unless otherwise agreed upon in writing prior to commencement of the survey. 3) The horizontal location and rotation of the mapping is anticipated to be on an "assumed" coordinate system otherwise agreed upon in writing prior to commencement of the survey.
Note: Record of Survey
State law requires that the Surveyor of record performing the boundary resolution file a record of survey with the County if a map is not prepared as part of the project. As this project may anticipate pursuing a Tentative Parcel and Final Parcel Map for Condominium Purposes, we have currently excluded fee for this task in our scope of services. If a determination is made to eliminate pursuing filing of a map as part of the final permitting process BKF will be required to prepare and file a record of survey with the County at the expense of the owner. Recordation fees are not included in our proposal.
SCOPE QUALIFICATIONS AND ASSUMPTIONS
BKF Engineers' services are limited to those expressly set forth in the scope. We understand that BKF will have no other obligations or responsibilities for the project except as provided in this proposal letter, or as otherwise agreed to in writing. BKF will provide the scope of services consistent with, and limited to, the standard of care applicable to such services. For the scope of work identified, we have assumed the following:
1) Basis of Design and Site Information
a) Topographic Survey: Proposal assumes field survey will be completed for 37 and 45 Soledad Street sites concurrently. Separate mobilizations to survey each site independently will be an additional service. b) Title Report: A current title report for the property will be provided by the owner. c) Potholing: Potholing services are not included in this proposal unless specifically identified.
COMPENSATION
1. BASE SCOPE OF WORK:
BKF proposes to provide the services on a lump sum basis. We will invoice for our services on a percent complete basis per task summarized as follows:
Task Description Fee
1 Site Meeting $500
2 Topographic and Boundary Survey (37 Soledad) $7,500
Total Labor Fee $8,000
In addition, please budget $250 for reimbursable expenses. Reimbursable expenses are anticipated for reproduction, mileage, express and messenger deliveries, and computer deliverable plots. Reimbursable expenses will be billed on a cost plus 10-percent markup basis.
For tasks requested by the owner or Architect not defined in this scope of services, BKF will identify them as potential extra work. We can provide a scope and fee for these items or they may be tracked separately as extra work and billed on a time and materials per our attached rate schedule.
Thank you for the opportunity to present this proposal. We look forward to assisting in developing this project.
Please contact me at 650-482-6306 if you have any questions regarding our scope of services.
Respectfully,
BKF Engineers
Jonathan Tang, PE
Associate Principal
BKF ENGINEERS PROFESSIONAL SERVICES RATE SCHEDULE
EFFECTIVE JANUARY 1, 2024
CLASSIFICATION HOURLY RATE
PROJECT MANAGEMENT
Principal $302.00
Senior Associate Principal $280.00
Associate Principal $273.00
Senior Project Manager | Senior Technical Manager $265.00 Project Manager | Technical Manager $260.00
Engineering Manager | Surveying Manager | Planning Manager $239.00
TECHNICAL STAFF
Senior Project Engineer | Senior Project Surveyor | Senior Project Planner $222.00 Project Engineer | Project Surveyor | Project Planner $195.00 Design Engineer | Staff Surveyor | Staff Planner $170.00 BIM Specialist I, II, III $170.00 - $195.00 - $222.00
Technician I, II, III, IV $162.00 - $172.00 - $189.00 - $203.00 Drafter I, II, III, IV $127.00 - $139.00 - $150.00 - $167.00 Engineering Assistant | Surveying Assistant | Planning Assistant $106.00
FIELD SURVEYING
Survey Party Chief $222.00
Instrument Person $190.00
Survey Chainperson $143.00
Utility Locator I, II, III, IV $116.00 - $164.00 - $197.00 - $224.00 Apprentice I, II, III, IV $88.00 - $118.00 - $130.00 - $138.00
CONSTRUCTION ADMINISTRATION
Senior Consultant $290.00
Senior Construction Administrator $253.00
Resident Engineer $188.00
Field Engineer I, II, III $170.00 - $195.00 - $222.00
FUNDING & GRANT MANAGEMENT
Director of Funding Strategies $208.00
Funding Strategies Manager $190.00
Funding/Research Analyst I, II, III, IV $130.00 - $150.00 - $160.00 - $176.00
PROJECT ADMINISTRATION
Project Coordinator $142.00
Senior Project Assistant $122.00
Project Assistant $108.00
Clerical | Administrative Assistant $90.00
Expert witness rates are available upon request. Subject to the terms of a services agreement:
• Charges for outside services, equipment, materials, and facilities not furnished directly by BKF Engineers will be billed as reimbursable expenses at cost plus 10%. Such charges may include, but shall not be limited to: printing and reproduction services; shipping, delivery, and courier charges; subconsultant fees and expenses; agency fees; insurance; transportation on public carriers; meals and lodging; and consumable materials. • Allowable mileage will be charged at the prevailing IRS rate per mile. • Monthly invoices are due within 30 days from invoice date. Interest will be charged at 1.5% per month on past due accounts.
• The rates shown are subject to periodic increases, including January 1st of each year.
Project Management | Construction Cost Management
Our ref.: DB
October 28th, 2024
Maryam Rostami
TEF Design
1420 Sutter Street, 2nd Floor
San Francisco, CA 94109
Re: Fee Proposal – Cost Estimating Services
37 Soledad Street Café Building
2063 Grant Rd.
Los Altos, CA, 94024
Tel: 415.981.9430
Dear Maryam,
Further to your email, we are pleased to offer Cost Estimating services for the above project.
Scope of Services
We understand the scope of our services is to prepare an opinion of probable cost for the City of Salinas Soledad Street Café Building; we understand this project involves structural upgrades to the historic, two-story, reinforced concrete building The opinion of probable cost will be at the Schematic and Construction Documents of design.
The estimate will be based on the measurements of quantities from the drawings with composite unit rates reflecting the scope of work and the current market conditions. We will not obtain any bids or opinions of cost from subcontractors unless the work is of such a unique nature that no other cost information is available. No bids or third-party opinions will be obtained without prior approval from the client.
We have included time required to review and discuss our cost estimate with the Design Team and for incorporating any requested revision to the estimate as a result of the Design Team review. We have excluded any time required to reconcile our estimate with another cost estimate prepared by others. We have also excluded time required to attend any meetings or any Value Engineering cost services from this proposal. Should additional work be required, our standard hourly rate of $235 per hour will apply.
Project Management | Construction Cost Management
Fees
We propose to provide the above services based on the following budget NTE Fees – 90% SD Cost Estimate (80 hrs @ $235/hr.) $ 18,800
100% CD Cost Estimate (96 hrs @235/hr.) $ 22,560
Total Not to Exceed Fees $41,360
We assume no alternates or options.
Expenses such as drawing reproduction, courier services, special mailing services (Federal Express, Express Mail etc.), and other abnormal costs are excluded and will be charged at cost plus 0% administration.
Our fees exclude travel costs outside the San Francisco Bay Area, any such travel costs as incurred will be billed separately.
Payment and Terms
We will issue a monthly invoice. Payment will be due thirty (30) calendar days.
Our proposal remains open for a period of ninety (90) days. After this time, we will be pleased to review the proposal, make any required amendments, and re-submit for your review and approval.
Work will be completed under the direction of Deo Bhalotia.
We trust that we have interpreted your requirements correctly, if you have any questions or suggested amendments, please do not hesitate to contact the undersigned. If you would like to proceed with the above services, please complete and return the authorization below.
We look forward to working with you on this project.
On behalf of TBD Consultants On behalf of TEF Design
Accepted by:
Deo Bhalotia
Associate Principal Date:
Title:
Project Management | Construction Cost Management
ESTIMATE
Spaur Group
988 Easton Ave
San Bruno, CA 94066
[email protected]
+1 (510) 559-0856
www.spaurgroup.com
Bill to
TEF Design
1420 Sutter St, 2nd Floor
San Francisco, CA 94109
Estimate details
Estimate no.: 1008
Estimate date: 10/29/2024
# Date Product or service Description Qty Rate Amount
1. Aerial Photography Aerial photography and imagery processing:
nadir, oblique, and/or 360 imaging.
2.25 $200.00 $450.00
2. Travel 192 $0.65 $124.80
Note to customer
Aerial photography of buildings at 37 Salinas st Salinas, CA. Imagery to show current conditions of building roof and will consist of 10-15 photos from mostly top down perspective, and including 360 panoramic images from corners of building. Images will include metadata of GPS location and orientation of images.
Price includes introductory discount.
Thank you for your business!
Subtotal $574.80
Discount 15% -$86.22
Total $488.58
Accepted date Accepted by
Presentation
Meeting Begins
Break-out & discussion
6:00
6:45
7:00
7:45
05 Wrap-up
Welcome!
Soledad Street
Redevelopment
Community Meeting
Salinas Chinatown
City of Salinas | April 29 2025
Photo: Larry Hirahara
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through the culture of a small practice. ● 16 CA Licensed Architects ● 5 Interior Designers ● 23 Technical Designers TEF Design at a
Glance . . .
01 Salinas Chinatown Redevelopment
Project Name | TEF Design
Cultural District
6 ● Asian Cultural Heritage District ● Period: 1893 - 1957 ● Largest active Chinatown between San Francisco and Los Angeles
● Multicultural gathering place for
immigrant laborers who formed
the backbone of CA’s agricultural
economy (Chinese, Japanese,
Filipinos, Mexican)
● Within City of Salinas “Areas of
Historic and Architectural Merit”
● Architectural style is an emblem of
multicultural heritage and historic
buildings display Asian and
Spanish influence: upturned roof
eaves, tile roofs, and detailed
balcony railings
Photo: Larry Hirahara
Site Context
34 & 36 Soledad: Existing
1-story buildings, formerly
commercial/ restaurant use
38 Soledad: Existing 2-story
building, formerly Arre’s Pool
Hall + apartments, City of
Salinas Historic Resource
40 Soledad: Empty lot
37 Soledad: Republic Cafe,
NRHP listed property
45 Soledad: City-owned lot
Lake Alley
Soledad Street
Bridge Alley
Market Way Union Pacific Railway Tracks
Market Way
37 45
40 38
36 34
Project Name | TEF Design
Soledad Street Redevelopment
Overall Project Goals
8 ● Engage the community + build on
revitalization work to date
● Celebate history, character + culture of
Salinas Chinatown
● Focus on mixed use + affordable housing
● Emphasize energy efficiency
Photo: Larry Hirahara
02 34-40 Soledad
Project Name | TEF Design
38 Soledad Street
10 ● Existing 2-story building
● Formerly Arre’s Pool Hall with
apartments above
● Recently red-tagged due to
weather damage & safety
concerns
● Proposed development would
aim to salvage existing
architectural elements and
reconstruct the historic facade
Photo: Larry Hirahara
City of Salinas Historic Resource
Project Name | TEF Design
34-40 Development
11 Level 1
Commercial Space +/- 5000 SF
Resident Lobby/Service +/- 2000 SF
Resident Garage 26 spots
Level 2
Resident Green +/- 5600 SF
Levels 2-5
Studios 4 10%
1 Bed 16 40%
2 Bed 16 40%
3 Bed 4 10%
Mixed Use
Commercial + Affordable Housing
12 34-40
13 34-40
14 34-40 Soledad Proposed Development
03 45 Soledad
Project Name | TEF Design
45 Soledad Street
16 ● Constructed c. 1932
● Building lost to fire in 2017
● Not a listed historic resource, but replacing the
building in a future development would support the
historic neighborhood character
● Lost Architectural Features:
○ Two-story masonry building
○ Hipped tiled roof with a subtle flare
○ Prominent awning at Soledad St over a
central commercial entry
○ Inset windows of various sizes with ornate
balconies at both facades
Photo: Larry Hirahara
Lost Building - Former Republic Hotel
Project Name | TEF Design
45 Soledad Development Options
17 3-Story Option
Photo: Larry Hirahara
Mixed Use - Commercial + Affordable Housing
Level 1
Commercial Space +/- 3,630 SF
Resident Lobby/Service +/- 980 SF
Commercial Garage 1 loading zone
Levels 2-3
Studios 1 11%
1 Bed 4 44%
2 Bed 3 33%
3 Bed 1 11%
Roof
Resident Green +/- 2,870 SF
5-Story Option
Level 1
Commercial Space +/- 1,630 SF
Resident Lobby/Service +/- 1,150 SF
Resident Garage 5 spots
Levels 2-5
Studios 2 12.5%
1 Bed 6 37.5%
2 Bed 6 37.5%
3 Bed 2 12.5%
Roof
Resident Green +/- 3, 120 SF
18 3-Story
19 3-Story
20 5-Story
21 5-Story
22 45 Soledad Development Options
3-Story Option 5-Story Option
04 37 Soledad
Project Name | TEF Design
37 Soledad Street
24 ● NRHP listed property & City of
Salinas Historic Resource
● Built in 1941 by Wallace Ahyte and
Bow Chin
● Significant gathering place for
Chinese, Filipino and Japanese
community members
● Planned as future museum &
cultural center to commemorate
Salinas Chinatown
Photo: Larry Hirahara
Republic Cafe
Project Name | TEF Design
37 Soledad
25 Photo: Larry Hirahara
Concept Plans
Courtesy of ACE (Asian Cultural Experience)
AGREEMENT
FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF SALINAS AND TEF
ARCHITECTURE AND INTERIOR
DESIGN, INC.
S�LIN�S
HlCll IN LAND HICJI IN VALUES
Fonn: Professional Services Agreement v. November 2023
TEF Architecture and Interior Design, Inc.
February 202�
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB 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 ................................................................................................................ 7
14. Changes to Scope of Work . ................................................................................................. 7
15. Ownership of Documents . ................................................................................................... 7
16. Termination .......................................................................................................................... 7 1 7. 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 ......................................................................................................... 9
22. Severability .......................................................................................................................... 9
23. Notices . ................................................................................................................................ 9
24. Nondiscrimination .............................................................................................................. 10
25. Conflict of Interest. ............................................................................................................ 10
26. Headings . ........................................................................................................................... 10
27. Attorneys' Fees .................................................................................................................. 10
28. Non-Exclusive Agreement. ................................................................................................ 10
29. Rights and Obligations Under Agreement. ........................................................................ 10
30. Licenses .............................................................................................................................. 10
31. Counterparts ....................................................................................................................... 11 Fonn: Professional Services Agreement v. November 2023
TEF Architecture and Interior Design, lnc.
February 2024
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB
32. Legal Representation . ........................................................................................................ 11
33. Joint Representation ........................................................................................................... 11
34. Wa1Tanty of Authority ........................................................................................................ 11
35. No Waiver of Rights . ......................................................................................................... 11 Exhibit A- Insurance Requirements ......................... .-.................................................................... 13 Exhibit B- Scope of Service .......................................................................................................... 16 Form: Professional Services Agreement v. November 2023
TEF Architecture and Interior Design, Inc.
February 2024
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SALINAS AND TEF ARCHITECTURE AND INTERIOR DESIGN, INC.
This Agreement for Professional Services (the "Agreement" and/or "Contract") is made and entered into this p
t day of February, 2024, between the City of Salinas, a California Charter city and municipal corporation (hereinafter "City"), and TEF Architecture and Interior Design, 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 February 1, 2024, and shall terminate on June 30, 2024, 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 Eighty-Two Thousand Two Hundred and Fifty Dollars ($82,250).
4. Billing. Consultant shall submit to City an itemized invoice, prepared in a f01m 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
Forni: Professional Services Agreement v. November2023
TEF Architecture and Interior Design, Inc.
Febrnary 2024
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB (E) The Consultant's signature.
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 w1til 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. Resp·onsibility of Consultant. By executing this Agreement, Consultant agrees that the services to be provided and work to be perfonned 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.
Fonn: Professional Services Agreement v. November 2023
TEF Architecture and Interior Design. Inc.
F cbruary 2024
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB (C) Jim Pia, Interim City Manager, or his designee, 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 and define City's policies and decisions with respect to materials, equipment, elements, and systems pe11inent 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.
Pursuant to the full language of California Civil Code §2782, design Consultant agrees to indemnify, including the cost to defend, City and its officers, officials, employees, and volunteers from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of design Consultant and its employees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of the City; and does not apply to any passive negligence of the City unless caused at least in part by the design Consultant. The City agrees that in no event shall the cost to defend charged to the design Consultant exceed that professional's proportionate percentage of fault.
This duty to indemnify shall not be waived or modified by contractual agreement or acts of the parties.
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 perfom1ed 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.
Form: Professional Services Agreement v. November 2023
TEF Architecture and Interior Design, Inc.
February 2024
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB Consultant shall provide proper facilities to City's representative(s) for such access and inspection.
13. Non-Assignabilitv. 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 wTitten 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.
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 hannless 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 tem1ination, Consultant shall be entitled to payment of such amount as fairly compensates Consultant for all work satisfactorily performed up to the date of te1mination based upon the Consultant's rates shown in Exhibit Band/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 Fonn: Professional Services Agreement v. November 2023
TEF Architecture and Interior Design. Inc.
February 2024
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB shall:
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 ( 1) Upon receipt of written notice of such termination promptly cease all serv ices
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, 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 tem1s 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 wa1Tants 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 Forni: Professional Services Agreement v. November 2023 TEF Architecture and Interior Design, Inc.
February 2024
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB 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.
23. Notices.
(A) Written notices to the City hereunder shall, until further notice by City, be addressed to:
City Manager
City of Salinas
200 Lincoln A venue
Salinas, California 93901
With a copy to:
City Attorney
City of Salinas
200 Lincoln A venue
Salinas, California 93901
(B) Written notices to the Consultant shall, until further notice by the Consultant, be addressed to:
Douglas Tom, Founding Principal
TEF Design
1420 Sutter Street
San Francisco, California 94109
[email protected]
(415) 350-4323
(C) The execution of any such notices by the City Manager 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.
Fom1: Professional Services Agreement v. November 2023
TEF Architecture and Interior Design, Inc.
February 2024
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB (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 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 serv
ices.
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 Fann: Professional Services Agreement v. November 2023
TEF Architecture and Interior Design. Inc.
February 2024
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB 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.
34. Warranty of Authority. Each 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
Jim Pia
Interim City Manager
Fonn: Professional Services Agreement v. November 2023
TEF Architecture and lnterior Design, lnc.
February 2024
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB Exhibit A- Insurance Requirements
Insurance Requirements
Consultant shall procme and maintain for the duration of the Agreement insmance 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.
MINlMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
(A) Commercial Genera] Liability ("CGL"): Insurance 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 Statutory Limits, and Employer's Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injmy 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 foHowing 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 fonns if later revisions used).
Form: Professional Services Agreement v. November 2023
TEF Architecture and Interior Design, Inc.
Febmary 2024
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB 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 jive (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
TEF Architecture and Interior Design, lnc.
February 2024
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB 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.
S ttbcontractors
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 Circum'ltances
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 oflnsttrance
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.
Fonn: Professional Services Agreement v. November 2023
TEF Architecture and Interior Design, Inc.
February 2024
Pagel5of16
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB Form: Professional Services Agreement v. November 2023
TEF Architecture and Interior Design, Inc.
February 2024
Exhibit B- Scope of Service
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB
ARCHITECTURAL SERVICES PROPOSAL
34 - 38 SOLEDAD STREET
CHINATOWN REVITALIZATION PLAN
PREPARED FOR
City of Salinas
December 8, 2023
tef DESIGn
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DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB te □ESIGn
1420 Sutter Street, 2
nd Floor
San Francisco, CA 94108
Jessica Shull
Associate Planner
City of Salinas
65 W. Alisa!
Salinas, CA 93901
Dear Ms. Shull,
TEF Design is very excited for the opportunity to submit this proposal to provide professional design and engineering services for 34-38 Soledad Str·eet in Salinas's Chinatown. This project is a cornerstone of the City's ambitious revitalization plan for the area and a big step towards the transformation of the long-neglected area.
This project also aligns with the mission and values of our firm: to strengthen community through design. At TEF, we accomplish this by putting listening, inclusion and exceptional partnership at the core of our practice to deliver smart, sensitive and responsible design solutions. Our experience and core strengths are also particularly well-suited to the challenges and opportunities of the project site:
» Historic preservation expertise and powerful place-making through the adaptive reuse and integration of historic buildings and histories for new uses » Planning analytics including studies and conceptual design for multifamily housing » Public engagement processes that integrate community voices I am a native of Salinas - the third generation of Chinese Americans to call the city home. I graduated from Salinas High School and Hartnell College, and have deep roots in the area. My mother was born and raised a few blocks from this property and my parents met in the 1940s at a dance at the Confucius Church. It would give me great personal and professional fulfillment to bring our firm's experiences directly to the City of Salinas under this contract.
We look forward to working with you, your team and community stakeholders to establish sound project criteria to advance the realization of the community's vision for the revitalization of Chinatown. We're excited to share our capabilities and approach with your in more detail in the next phase of your selection process.
Warm regards,
Douglas Tom, FAIA, LEED AP
��
Founding Principal
TEF Design
[email protected]
(415) 350-4323
1 DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB 2 TABLE OF CONTENTS
Cover Letter
1. Statement of Qualifications
» Firm Overview
» Relevant Experience
)> Key Staff
2. Project Approach
3. Schedule
4. Fees
3 5
10 12
13 14
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB
1. STATEMENT OF QUALIFICATIONS
FIRM OVERVIEW.
WE CRAFT PLACES
PEOPLE LOVE.
Creating places that connect people is at the heart
of our work
Established in 1997, TEF provides planning,
architecture and interior design solutions that
integrate the social, economic and political
dynamics of urban development throughout
California, with a diverse portfolio encompassing
workplace, healthcare, educational, infrastructure, and government/community projects. Our practice is
distinguished by the convergence of "large firm"
experience delivered through the culture and care
of a small practice. And, our leadership offers
decades of planning, programming and design
experience, coupled with a deep commitment to
supporting a transformative design process for our
clients.
MISSION-DRIVEN DESIGN
COLLABORATION + PARTNERSHIP
Teamwork is innate to our work ethic. We believe
genuine partnership between design team, client,
builders, and the community is fundamental to
outcomes of long term meaning and relevance.
Establishing a shared culture of trust and open
dialog is an essential part of authentic collaboration
and a focus of our management approach that
facilitates communication, efficiency, confident
decision-making, and innovation.
26 YEARS ffiBE Serving the
Bay Area
Our mission is to strengthen community through
design. Our staff of 45+ are focused on delivering
caring and responsible design solutions that deepen
human connection and advance the mission of our
clients, whether they be a community of place,
culture or purpose. We place people at the center of
our practice and integrate research, technology, and
robust processes to create enduring places where
people come together to share ideas and build
community.
STATE of CA
�5+ STAFF MinoritySan Francisco Owned
Office Business
Entity
ter OESIGn 34 - 38 SOLEDAD STREET 3
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB
1. STATEMENT OF QUALIFICATIONS
AUTHENTICITY + IDENTITY
While every project we design is an original expression, each shares a common framework of design principles. We seek modern, economic, and responsible solutions that are optimistic, open, and warm; that foster community, health, and well-being; and that are emotionallysatisfying to those who visit, work, and live in them. Through inquiry and collaboration, we strive to define and reveal the human foundation that gives identity to each unique project and that will maintain its lasting relevance to the community it serves.
TEF integrates the AIA Framework for Design Excellence - and its 10 Principals and questions - as part of our design process to advance the development of sustainable, resilient, and inclusive outcomes in our practice.
ECOLOGY+ EQUITY
As a signatory to the AIA 2030 Commitment, we are committed to combating climate change through our practice and consider each assignment an opportunity to advance sustainable and healthy building design and construction practices in our community.
TEF has been responsible for the design of more than 25 LEED Certified projects - including 1 LEED Platinum and 10 LEED Gold - and the the first Net-Zero electrical switchgear building designed to the International Living Future lnstitute's (ILFI) Zero Energy Building (ZEB) Certification TM. Our staff comprises 12 LEED Certified Professionals and 3 Living Futures Accredited professionals who provide leadership across projects with a focus on decarbonization, social and environmental health, and water efficiency.
TEF is also proud to be an ILFI (International Living Future Institute) Just. organization. We display our pledge to these principles of equity and sustainability proudly - publicly committing to practices that exemplify social justice and corporate social responsibility while using these measurements to drive improvement.
4 SERVICES
» Site Planning
» Building Investigation + As-Built
Drawings
» Feasibility Analyses
» Budget Verification / Cost
Analyses
» Test Layout I Fit Plans/Space
Planning Projections
» Master Planning / Alternative
Development Schemes
)) Implementation Planning /
Phasing / Scheduling
» Stakeholder/ Neighborhood
Engagement
» Programming /Design/ Interior
Design
» Construction Documentation /
Administration
» Specification Writing
» State Historic Building Code
Expertise
» Construction Phasing Strategies
» Value Engineering Reviews
» LEED certification
» Local Entitlements / Compliance
+ Permitting
Just ..
Organization Nnme: TEF Des1on
Organization Type; Architecture
He-adquarters: San Francisco, California
Number of Employees: 34
Olvuslty & lnclu.tlo11 Employ•• B•n•tlts
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THE SOCIAL JUSTICE LABEL 2.0
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB
1. STATEMENT OF QUALIFICATIONS
RELEVANT EXPERIENCE
TEF brings ample experience relevant to addressing
the challenges and opportunities of the 34 - 38
Soledad project. Example projects are provided in
the pages following.
SITE PLANNING+ FEASIBILITY
STUDIES
TEF has a long history of developing site plans,
feasibility studies and renderings for governmental,
institutional and private clients. With this work
we strive to find solutions that are cost effective
and sustainable while also addressing cultural,
community and historic contexts. We are currently
completing work helping the University of
California at Santa Cruz to identify the best ways
to develop housing for their employees in order
to address the shortage and high cost of housing
in the area. We have identified the most suitable
sites for housing, developed site and building plans
with a wide variety of housing types and layouts,
integrated historic preservation issues, and engaged
stakeholders.
MULTIFAMILY HOUSING
TEF's housing work has typically been at an
urban and community scale, with contextual infill
developments and the adaptation of historic
structures forming the majority of our experience.
We always look for straightforward solutions that
respect the neighborhood context, are livable
and equitable and provide places for residents to
connect and thrive. For our work on the adaptive
reuse of Building 2 at the Pier 70 shipyard in San
Francisco, we developed compact unit plans that
allow each apartment to enjoy great light and
views, while maximizing the total number of units.
tef DESIGn
HISTORIC
Unleashing the power of historic places for modern
use is a core competency of our practice. We believe
that preserving and adapting historic sites allows
us to create places rich with meaning, texture and
scale. Repurposing existing structures is also one
of the most environmentally sustainable approaches
to development. The award-winning Bayview
Opera House is a significant historic building
in a formerly marginalized African American
neighborhood in San Francisco. We worked closely
with the City and surrounding neighbrohood to
rehabilitate this building in a way that best serves
the community, respects the building's characterdefining features and honors its storied past.
COMMUNITY MEETINGS
Collaboration and engagement with local
communities is essential to creating meaningful
and successful projects, especially in historic urban
contexts. We have extensive experience in this
area - ranging from our work with multiple public
agencies and their departments to a panoply of
University student organizations and clubs - for
a single project, and are adept at listening,
communicating, and responding to stakeholders
towards consensus. We arg currgntly working
on the Dogpatch Hub, a community center in
San Francisco's rapidly developing Dogpatch
neighborhood, with a design significantly shaped
by neighborhood input. The work included surveys,
direct outreach to key groups and potential partners
and public community meetings.
34 - 38 SOLEDAD STREET 5
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB CD
1. STATEMENT OF QUALIFICATIONS
SITE PLANNING + FEASIBILITY STUDIES
CD
CENTURY 21 DOMED
THEAT.ER
San Jose , CA
Size/Scope: 38,800 sf.
Adaptive reuse of historic
domed theater into mixed use
commercial uses
Completed: 2022 (concept)
UCSC COOPERAGE
FEASIBLI TY STUDY
Santa Cruz, CA
Size/Scope: 2,100 sf; Feasiblity
study and concept design for
restoration of historic lime kiln
cooperage structure
Completed: 2022
6 '®
®
55/60 FRANCISCO OFFICE
TO HOUSING STUDY
San Francisco, CA
Size/Scope: 50,000 sf., feasibili ity study including test fits, structural analyses, concept
design and cost analyses.
Completed: 2023
UCSC EMPLOYEE HOUSING
STUDY (w/Kennerly Architects)
Santa Cruz, CA
Size/Scope: Analyses of 4 sites,
including various unit typologies and mixes, and potential yield and financing;
Completed: 2022
-
SCHiYE 1; Id� $diaol sc110..e 1: ,-.Sdloa1
10J.,700 144.000
i7790S,-l98 S1!4,118,183
$7'1411 S?92 4Y
f1i1 1JXU.o.l S'60700.000
Sl,Ol,S $1116
$121-51)"000 5175,20(),'100
St 160
!1.:,r.:-1)1:00
®
UC BERKELEY MINOR HALL
EXPANSION STUDY
Berkeley, CA
Size/Scope: 145,000 sf. programming and site and cost
analyses for expansion of
School of Optometry
Completed: 2018
©
ANGEL ISLAND
IMMIGRATION STATION
MASTER PLAN
Angel Island State Park, CA
Size/Scope: 66,500 sf. assessment, rehabilitation plan for historic structures and grounds;
phasing and associated costs
Completed: 2002
$1,211
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB
MULTIFAMILY HOUSING
(D
PIER 70 BUILDING 2
San Francisco, CA
Size/Scope: 97,000 sf; adaptive
reuse of historic warehouse
structure to multifamily housing
Completed: 2020 (DD + site
permit)
©
915 NORTHPOINT
San Francisco, CA
Size/Scope: 27,700; new
4-story, 49 unit apartments in
two adjacent buildings
Completed: 2016 (design)
tef DESIGn
0 0
3525 17TH STREET
Redwood City. CA
Size/Scope: 12,000 sf., rehabilitation of 4-story historic, 16 unit complex
Completed: 2021
®
THE SUTHERLAND
San Francisco, CA
Size/Scope: new 33,600 sf.;
45-unit complex with retail and
garage in two, 4-story adjacent
buildings.
Completed: 2019
1. STATEMENT OF QUALIFICATIONS
0 1300 EDDY ST.
San Francisco, CA
Size/Scope: 42,200 sf., 30
3-story townhome development
(design development thorugh
construction)
Completed: 2007
UCSC KRESGE COLLEGE
STUDENT HOUSING
Santa Cruz, CA
Size/Scope: 68,200 sf. renovation and upgrade of existing student dormitory; 160 beds
Completed: 2022
34 - 38 SOLEDAD STREET 7
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB
1. STATEMENT OF QUALIFICATIONS
HISTORIC
0 SWISSNEX
San Francisco, CA
Size/Scope: 27,700 adaptive
reuse of waterfront landmark
structure into flexible workplace
and event space; building systems upgrade, access and fire/ life safety compliance.
Completed: 2016
MISSION ARMORY
Redwood City, CA
Size/Scope: 160,000 sf., seismic
upgrade, systems upgrade,
access, and fire/life safety of
landmark building
Completed: 2021
8 0
BAYVIEW OPERA HOUSE
San Francisco, CA
Size/Scope: 9,32a1 sf. renovation of landmark multiuse facility in a long neglected area.
Completed: 2016
®
GORGAS WAREHOUSES
San Francisco, CA
Size/Scope: 41,000 sf. adaptive
reuse of historic warehouses for
commercial use
Completed: 2019
0 �I �I
,�
II II
II II
TAPSCOT T BUILDING
San Francisco, CA
Size/Scope: 51,100 sf.
award-winning, core and shell
rehabilitation.
Completed: 2022
©
PRESIDIO BLDGS 1201 +
1202
San Francisco, CA
Size/Scope: 48,500 sf., LEED
Gold/Silver adaptive reuse of
historic structures at Ft. Scott
Completed: 2013
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB
COMMUNITY ENGAGEMENT
0 DOGPATCH HUB
San Francisco, CA
Size/Scope: 10,800 sf. adaptive
reuse for mixed-use community
serving spaces.
Completed: 2023
©
GARFIELD CENTER
San Francisco, CA
Size/Scope: 22,000 sf natatorium rehabilitation and new clubhouse.
Completed: 2021
tef OESIGn
®
SF WATERFRONT
RESILIENCE PROGRAM
San Francisco, CA
Size/Scope: Evaluation and
development of adaptation
strategies to address climate
change impacts (TEF is part of multidisc,plinary team) Completed: Ongoing
®
GOLDEN GATE VALLEY
BRANCH LIBRARY
San Francisco, CA
Size/Scope: 7,400 sf.renovation
of historic branch Carnegie
library
Completed: 2011
1. STATEMENT OF QUALIFICATIONS
®
HUNTERS POINT
SUBSTATON
San Francisco, CA
Size/Scope: new 28,900 sf. electrical substation with community plaza Completed: 2018
©
DON FISHER CLUB HOUSE
San Francisco, CA
Size/Scope: 36,800 sf.,
award-winning LEED Gold education and recreation center for Boys + Girls Clubs of SF
Completed: 2016
34 - 38 SOLEDAD STREET 9
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB
1. STATEMENT OF QUALIFICATIONS
KEY STAFF
Your project will be led by senior staff who bring significant experience in the analyses and crafting of development concepts. Their deep knowledge of urban development in cities throughout California, including the transformation of historic assets, will support outcomes that are strategic, cohesive, sustainable and feasible. Each brings substantial experience working in the public realm, with municipal agencies, commissions, elected officials, and community stakeholders.
LEADERSHIP
DOUGLAS TOM, FAIA, LEED AP I Principal-In-Charge
Bachelor of Arts in Architecture, University of California, Berkeley Licensed Architect - C12405
A native of Salinas, Doug brings more than 40 years of experience to the team on a wide range of public and community-serving projects, ranging from recreational and educational facilities to non-profit social services centers. Notable projects under his leadership include a feasibility study to convert offices to multifamily housing at 55 Union Street in San Francisco, the adaptive reuse of a trio of landmark structures into leasable commercial spaces in the Presidio, and the award-winning renovation of the Bayview Opera House, located in a long neglected San Francisco neighborhood and entailing extensive community engagement.
MARYAM ROSTAMI, AIA, LEED AP BD+C, LFA I Managing Principal Bachelor of Architecture, Honors Liberal Arts, University of Texas, Austin, TX Licensed Architect - C37717
A talented architect and committed advocate for her clients, Maryam brings leadership and enthusiasm for design to each project, regardless of scale or scope. Her recent experience at UC Santa Cruz - a feasibility study for Employee Workforce Housing, design and criteria documents for renovating student housing at Kresge College, and feasibility study for the adaptive reuse of the historic Cooperage and Lime Kilns - and her background in affordable housing design, will be an asset to the team. 10 DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB ANDREW WOLFRAM, AIA, LEED AP BD+C, LFA I Advising
Preservation Specialist
Master of Architecture, Planning and Preservation, Columbia University, Graduate School of Architecture, New York, NY
Licensed Architect - C27838
Andrew has led some of the Bay Area's most significant and transformative adaptive reuse projects. He integrates innovative solutions with design acumen and a powerful commitment to environmental and social sustainability into every project. He collaborated with Maryam on housing projects at UC Santa Cruz and also provided leadership to a feasibility study/design for multifamily housing at 915 Northpoint and the design and delivery of 37 apartments at 915 Minna Street.
ELIZABETH MACKAY I Project Designer
Bachelor of Fine Arts, Academy of Art
Elisabeth is a versatile designer who brings considerable strength in multifamily housing development. Notable projects include Nevin Plaza in Richmond - which encompassed the rehabilitation of 140 units of affordable housing and new construction of 75 - 80 units on an adjacent site - as well as the 96-unit Elegance Senior Housing development in Berkeley and the 89-micro-unit Electric Lofts in Oakland. She also worked on the permit set for 1064 Mission Street, San Francisco's largest supportive housing project for formerly homeless seniors, featuring modular construction. Her experience working with the City of Salinas at City Hall is also a plus.
SUBCONSULTANT
As trusted civil engineering experts to TEF, BKF Engineers will leverage their considerable knowledge of and experience in Monterey County and the City of Salinas, to provide site utility, stormwater management, and surveying analyses and design.
JON TANG, PE, LEED AP, QSD/P I Associate Principal
B.S., Civil Engineering, University of California, Davis Licensed Civil Engineer, CA, No. 67726
Jon has recently led the civil engineering for well over 1000 units of affordable and workforce housing and thousands of additional units of multifamily housing and mixed-use developments, involving transportation, circulation and utility infrastructure, and stormwater planning. Recent projects include the Balboa Reservoir, and workforce housing at 361 Turk Street and 145 Leavenworth Street in San Francisco.
trf OESIGn
1. STATEMENT OF QUALIFICATIONS
34 - 38 SOLEDAD STREET 11
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB
2. APPROACH
UNDERSTANDING + APPROACH
The success of the 34-38 Soledad Street will depend
on clearly identifying the project scope, establishing a shared vision for the development, then creating the
path that will lead to project feasibility. Our efforts will be shaped by the Core Value and Guiding Principles
of the Chinatown Revitalization Plan. And, our focus
will be on bringing the community's vision, goals and
aspirations for this site into alignment with the array of critical issues that will shape planning strategy.
Key considerations will include near and long term
budget resources, identifying development partners,
allowable zoning envelope, and other existing site and
building assessment findings.
ROBUST INOUI RY
Establishing a deep understanding of the project
will be our first priority. We will begin with extensive data gathering related to the project site, its history and context, existing site and building conditions,
historic status and local zoning impacts, and the vision and goals of City staff and community stakeholders.
The many years of public engagement and planning
represented by the December 2019 Chinatown
Revitalization Plan provides a strong foundation and
jumping off point for the team.
Research and exploration will continue as we
proceed with the development of early concepts,
while engaging in initial stakeholder and community
meetings to confirm our understanding of project
opportunities, constraints and priorities.
ECONOMY, FLEXIBILITY+ VALUE
These intertwined virtues are a priority in our work
and central to our design ethic in relationship to
conservation, social responsibility, and design
excellence. We strive for efficiency, economy,
integration, and collaboration and seek answers that
deliver long term relevance. We will focus on the
potential that the existing building and site have
to offer and what is allowed under current zoning
regulations. Simultaneously, we will advise the City
12 on issues ranging from cost considerations and
performance metrics to environmental impacts and
development phasing through the lens of feasi�ility.
EMPOWERING COMMUNITY+
BUILDING CONSENSUS
TEF brings significant experience collaborating with
diverse stakeholders within the framework of public
decision-making processes and protocols. We will
draw upon an array of strategies and tools - ranging
from surveys, workshops, observational studies, focus
groups, and story mapping - that enable us to engage
in authentic listening and careful observation. We will also prioritize an efficient methodology of iteration
with stakeholders to co-create and distill viable design concepts that have the support of the community and
that are economically and technically feasible.
Developing design information that clearly
communicates challenges, opportunities, variables
and solutions are crucial to a process that empowers
stakeholders to process data and make decisions. TEF
takes great pride in leveraging BIM and parametric
tools to rapidly render information-rich graphics that
depict the quantitative and qualitative aspects of a
design strategy.
MANAGEMENT APPROACH
Our project management approach emphasizes clarity
of goals, expectations, roles and responsibilities, and continuous alignment of project parameters, supported
by continuity of team leadership, clear communication
protocols, and an arsenal of powerful tools. We strive
to cultivate a shared culture of teamwork, honest
communication, trust and transparency with our clients
and stakeholders through a model of shared risk, goalsetting, problem-solving and collaboration.
A detailed breakdown of tasks and deliverables is
provided as part of our Fee on page 14.
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB
CHEDULE
Our proposed sched1Jle anticipate roughly 10 weeks for project delivery. We look forward to further discussions with the City of Salinas to address any timellne constraints and adjustments.
Sile Visit
Coordination of Utility and Easement Locations
Development or project context understanding including environmental, zoning considerations Review of h[storic resources
Development of (2) site plan options
Consideration of noise attenuation
- Task 2 - Architectural Renderings
Develop at least two (2) conceplual elevations and 3D (d g i
tal) models for public consideration
r· - Task 3 - Community Engagement
Meet ngs with neighboring property owners and community leaders Community Meeting No. 1
Community Meeting No. 2
Community Meeting No. 3
Developer Meetings
tef DESIGn
3. �CHEDULE
l 1
/ J l
l
♦
,0 - 38 SOLEDAD STRE[T 13
SCHEDULE TO BE RENEGOTIATED WITH CITY OF
SALINAS BASED ON CHANGE OF START DATE.
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB
4. FEES
FEE PROPOSAL
TASK+ HOURS SUMMARY
BASIC SERVICES PHASES
Firm Discipline
TEF Architecture
BKF Civil Engineering
Boundary and Topographic Survey
Utility Locating
TOTAL
Estimate of Reimbursable Expenses
TEF TASK+ HOURS
TASK 1 • SITE PLANS
1.0 Site visit
2.0 Coordination of Utility and Easement Locations
3.0 Development of project context understanding including historic, environmental, zoning considerations
4.0 Development of (2) site plan options
Sub-Total Task 1
TASK 2 • ARCHITECTURAL RENDERINGS
5.0 Review of historic resources for the property and the level of preservation required
6.0 Consideration or noise attenuation by desion elven the sne·s proximity to the railroad
7.0 Develop at least two (2) conceptual elevations and 30 (digital) models for public consideration
Sub-Total Task 2
TASK 3. COMMUNITY ENGAGEMENT
8.0 9.0
10.0 11.0
14 Up to (4) zoom meetings with neighbortng property owners and community leaders, as agreed upon by Stakeholders
Preparation for community meetings, Including creation of boards and stakeholder engagement materials
Up to (3) 2-hour long in-person community meetings in Salinas Up to (3) zoom meetings with affordable housing developers previously agreed upon by Stakeholder group, using previously created site olan ootions for discussion
Sub-Total Task 3
Reimbursable Expenses (estimated al 1.8% of fee)
SUBTOTAL
TEF PROPOSED FEE + REIMBURSABLES
HOURS& FEES
Principal Rato
$275
4 $1,100
1 S275
4 $1,100
4 $1.100
13 $3,676
4 S1,100
1 S275
4 $1,100
9 $2,475
2 $550
1 $275
18 $4,950
3 $825
24 $6,600
Concept Community
Design Renderine:s Ene:ae:ement Total
$19,575.00 $14,815.00 $14,560.00 $48,950.00
$9,600.00 $0.00 $0.00 $9,600.00
S20,000.00
$3,700.QQ I
$29,175.00 $14,815.00 $14,560.00 $82,250.00 ,
$881.00
Sr Raio Arch Rate Arch Rato Total
PM $200 Lovol 3 $180 s,�111 $1-45 Feo
4 $800 4 $720 0 $0 $2,620
3 $600 1 S180 0 $0 $1,055
6 $1,200 10 $1,800 0 $0 $4,100
6 $1,200 27 $-4,860 32 $4.640 $11,800
19 $3,800 42 $7,560 32 $4,640 $19,575
4 $800 -4 $720 0 i $0 $2,620
2 $400 4 $720 0 !
! $0 $1,395
8 $1,600 16 $2,880 36 i
$5,220 $10,800
14 $2,800 24 $4,320 36 $5,220 $14,815
4 $800 0 $0 0 $0 $1,350
4 $800 12 $2,160 0 $0 $3,235
18 $3,600 0 $0 0 so $8,550
3 $600 0 $0 0 $0 $1,425
29 $5,800 ii $2,160 0 $0 $14,560
$881.00
$49,831
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB This page intentionally left blank.
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB tef DESIGn
1420 Sutter Street, 2
nd Fl.
San Francisco, CA 94109
415.391.7918
TEFarch.com
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB ACORD®
CERTIFICATE OF LIABILITY INSURANCE I �
DAT E (MM/OONYYY)
3/29/2023
�
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.
IMPORTANT: If the certifi cate 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 certificate holder in lieu of such endorsement(s).
PRODUCER
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd., Suite 230
Lafayette CA 94549
�2�i�cT Nancv Ferrick
;.��NJ_ c • .-. 510-272-1400
16'1o��ss: [email protected]
I rffc Nol:
INSURER/SI AFFORDING COVERAGE NAIC#
License#· 6003745 INSURER A: XL Soecialtv Insurance Co. 37885 IN SURED TEFARCH-01 INSURER B: Sentinel Insurance Companv 11000 TEF Architecture + Interior Design, Inc. 1420 Sutter Street IN SURER c: HARTFORD INSURANCE COMPANY 38288 San Francisco CA 94109 IN SURER O:
INSURER E:
IN SURER F:
COVERAGES CERTIFICATE NUMBER 1536255916 REVISION NUMBER·
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.
INSR AOOL SUBR POLICY EFF
LTR TYPE OF INSURAN CE ,.,en 'W\ln POLICY NUMBER IMM/OONYYYI
POLICY EXP
IMMIOONYYYl LIMITS
B
B
B
C
A
� X COMMERCIAL GENERAL LIABILITY
D CLAIMS- MADE 0 OCCUR ,__
�
,__
GEN'L AGGREGATE LIMIT APPLIES PER: Fl 0 PRO- POLICY JECT OTHER:
._
AUTOMOBILE LIABILITY
�
ANY AUTO
DLoc
OWNED � SCHEDULED
._ AUTOS ONLY AUTOS ,__ X HIRED X NON-OWNED � AUTOS ONLY I-- AUTOS ONLY
X UMBRELLA LIAB
EXCESS LIAB H
OCCUR
CLAIMS-MADE
DED I X I RETENTION$ 11\ ---
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPRIET ORIPARTNERIEXECUTIVE
OFFICERIMEMBEREXCLUDEO?
(Mandatory In NH)
If ya�, daccriba und'),.
DESCRIPTION OF OPERATIONS below
Professional Liability
Includes Polll!lion Liability
Y/N
□
y
y
y
NIA
y 57SBIM{l6634 4/1/2023 4/1/2024 EACH OCCURRENCE $1,000,000 g��tt�is /E���ncel $1,000,000
MEO EXP (Any one person) $10,000
PERSONAL & ADV INJURY S 1,000,000
GENERAL AGGREGATE S2,000,000
PRODUCTS • COMP/OP AGG $2,000,000
$
y 57SBWRl6634 4/1/2023 4/1/2024 COMBINED SINGLE LIMIT
/Ea accident\ $1,000,000
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE
IPer accident\ $
s
y 57SBWRl6634 4/1/2023 4/1/2024 EACH OCCURRENCE S6,000,000 AGGREGATE $6,000,000
$
y 57WEGGC3286 4/112023 4/1/2024 X I ��frur E I I OTHER E.L. EACH ACCIDENT $1,000,000
E.L. DISEASE - EA EMPLOYEE $1,000,000
E.L. DISEASE. POLICY LIMIT S 1,000,000
DPR5010875 411/2023 411/2024 Per Claim $5,000,000
Aggregate Limit $5,000,000
OESCRJPT ION OF OPERAT ION S I LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached II more space is required) Umbrella Liability policy is a follow-form underlying General Liability/Auto Liability/Employers Liability. Insured owns no company vehicles; therefore, hired/non -owned auto is the maximum coverage that applies.
RE: All Operations of the Named Insured. The City of Salinas, its officers, officials, employees and volunteers are named as Additional Insured for General Liability and Non-Owned and Hired Auto Liability as required by written contract or agreement. General Liability is Primary/Non-Contributory per policy form wording. Insurance coverage includes waiver of subrogation per the attached endorsement(s). 30 Day Notice of Cancellation.
CERTIFICATE HOLDER CANCELLATION 30 Davs Notice of Cancellation
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Salinas ACCORDANCE WITH THE POLICY PROVISIONS.
City Attorney
200 Lincoln Avenue AUTHORIZED REPRESEN TATIVE
Salinas, CA 93901 '
I ,f fl •/ -l1,;_ (2
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB Policy # 57SBWRl6634
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED PROVISIONS - CALIFORNIA
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
A. It is agreed that paragraph (2) of subsections 6.d.
and 6.f. of Section C. - WHO IS AN INSURED is
replaced by the following:
(2) The insurance afforded by paragraph (1) above
does not apply if your acts or omissions, or the
acts or omissions of those acting on your behalf,
that are alleged to have caused the "bodily
injury", "property damage" or "personal and
advertising injury", involve professional
architectural, engineering or surveying services,
including but not limited to:
(a) The preparing, approving, editing of or
failure to prepare or approve, shop
drawings, maps, opinions, reports, surveys,
change orders, field orders, designs,
drawings, specifications, warnings,
recommendations, permit applications
payment requests, manuals or instructions;
(b) Supervisory, inspection, quality control,
architectural, engineering or surveying
activities or services;
(c) Maintenance of job site safety, construction
administration, construction contracting,
construction management, computer
consulting or design software development
or programming service, or selection of a
contractor or programming service;
(d) Monitoring, sampling, or testing service
necessary to perform any of the services
included in a. b. or c. above;
(e) Supervision, hiring, employment, training or
monitoring of others who are performing
any of the services included in a., b. or c.
above.
The insurance afforded to such additional
insured:
(a) Only applies to the extent permitted by law;
and
(b) Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. It is agreed that the following paragraphs are added to the end of subsections 1. and 8. of Section F -
Form SS 51 14 0417
OPTIONAL ADDITIONAL INSURED
COVERAGES; and it is agreed the following
paragraphs replace section b. of subsection 9. of
Section F. - OPTIONAL ADDITIONAL INSURED
COVERAGES. These paragraphs do not attach or
amend the language of any of the other subsections
of Section F - OPTIONAL ADDITIONAL INSURED
COVERAGES:
The insurance afforded by this subsection does not
apply if your acts or omissions, or the acts or
omissions of those acting on your behalf, that are
alleged to have caused the "bodily injury", "property
damage" or "personal and advertising injury",
involve professional architectural, engineering or
surveying services, including but not limited to:
(a) The preparing, approving, editing of or
failure to prepare or approve, shop
drawings, maps, opinions, reports, surveys,
change orders, field orders, designs,
drawings, specifications, warnings,
recommendations, permit applications
payment requests, manuals or instructions;
(b) Supervisory, inspection, quality control,
architectural, engineering or surveying
activities or services;
(c) Maintenance of job site safety, construction
administration, construction contracting,
construction management, computer
consulting or design software development
or programming service, or selection of a
contractor or programming service;
(d) Monitoring, sampling, or testing service
necessary to perform any of the services
included in a. b. or c. above;
(e) Supervision, hiring, employment, training or
monitoring of others who are performing any
of the services included in a., b. or c. above.
The insurance afforded to such additional insured:
(a) Only applies to the extent permitted by law;
and
(b) Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
© 2017, The Hartford
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB Policy # 57SBWRl6634
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
"employees", "volunteer workers",
any partner or member (if you are
a partnership or joint venture), or
any member (if you are a limited
liability company).
b. Real Estate Manager
Any person (other than your "employee" or
"volunteer worker"), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die, but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has
been appointed.
d. Legal Representative If You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this Coverage Part.
The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.
3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain financial interest of more than 50% of
the voting stock, will qualify as a Named
Insured if there is no other similar insurance
available to that organization. However:
a. Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period, whichever is earlier; and
Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
b. Coverage under this provision does not
apply to:
(1) "Bodily injury" or "property damage"
that occurred: or
(2) "Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.
4. Operator Of Mobile Equipment
With respect to "mobile equipment" registered in
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.
However, no person or organization is an insured
with respect to:
a. "Bodily injury" to a co-"employee" of the
person driving the equipment; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
5. Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your permIssIon. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.
However, no person or organization is an
insured with respect to:
a. "Bodily injury" to a co-"employee" of the
person operating the watercraft: or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
�
an insured under this provision.
6. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The person(s) or organization(s) identified in
Paragraphs a. through f. below are additional
insureds when you have agreed, in a written
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a
permit issued by a state or political
subdivision, that such person or organization
be added as an additional insured on your
policy, provided the injury or damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of the permit.
A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.
However, no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
F. - Optional Additional Insured Coverages.
a. Vendors
Any person(s) or organization(s) (referred to
below as vendor), but only with respect to
"bodily injury" or "property damage" arising
out of "your products" which are distributed
or sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products-completed operations hazard".
(1) The insurance afforded to the vendor
is subject to the following additional
exclusions:
This insurance does not apply to:
(a) "Bodily injury" or "property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.
This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
{b) Any express warranty
unauthorized by you;
(c) Any physical or chemical change
in the product made intentionally
by the vendor;
(d) Repackaging, except when
unpacked solely for the purpose of
inspection, demonstration, testing,
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
Policy# 57SBWRl6634
(e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products;
(f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
(g) Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
(h) "Bodily injury" or "property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i) The exceptions contained in
Subparagraphs (d) or (f); or
(ii) Such inspections, adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
course of business, in
connection with the distribution
or sale of the products.
(2) This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or
containing such products.
b. Lessors Of Equipment
(1) Any person or organization from
whom you lease equipment; but only
with respect to their liability for "bodily
injury", "property damage" or
"personal and advertising injury"
caused, in whole or in part, by your
maintenance, operation or use of
equipment leased to you by such
person or organization.
Form SS 00 08 04 05
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB Policy # 57SBWRl6634
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to any
"occurrence" which takes place after
you cease to lease that equipment.
c. Lessors Of Land Or Premises
(1) Any person or organization from
whom you lease land or premises, but
only with respect to liability arising out
of the ownership, maintenance or use
of that part of the land or premises
leased to you.
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a) Any "occurrence" which takes
place after you cease to lease that
land or be a tenant in that
premises; or
(b) Structural alterations, new
construction or demolition
operations performed by or on
behalf of such person or
organization.
d. Architects, Engineers Or Surveyors
(1) Any architect, engineer, or surveyor, but
only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole
or in part, by your acts or omissions or
the acts or omissions of those acting on
your behalf:
(a) In connection with your premises;
or
(b) In the performance of your
ongoing operations performed by
youoronyourbeha�
(2) With respect to the insurance afforded
to these additional insureds, the
following additional exclusion applies:
This insurance does not apply to
"bodily injury", "property damage" or
"personal and advertising injury"
arising out of the rendering of or the
failure to render any professional
services by or for you, including:
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b) Supervisory, inspection,
architectural or engineering
activities.
Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
e. Permits Issued By State Or Political
Subdivisions
(1) Any state or political subdivision, but
only with respect to operations
performed by you or on your behalf for
which the state or political subdivision
has issued a permit
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a) "Bodily injury", "property damage"
or "personal and advertising
injury" arising out of operations
performed for the state or
municipality; or
(b) "Bodily injury" or "property damage"
included within the "productscompleted operations hazard". ---)➔ f. Any Other Party
(1) Any other person or organization who
is not an insured under Paragraphs a.
through e. above, but only with
respect to liability for "bodily injury",
"property damage" or "personal and
advertising injury" caused, in whole or
in part, by your acts or omissions or
the acts or omissions of those acting
on your behalf:
(a) In the performance of your
ongoing operations;
(b) In connection with your premises
owned by or rented to you; or
(c) In connection with "your work" and
included within the "productscompleted operations hazard", but only if
(i) The written contract or written
agreement requires you to
provide such coverage to
such additional insured; and
(ii) This Coverage Part provides
coverage for "bodily injury" or
"property damage" included
within the "productscompleted operations hazard".
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
"Bodily injury", "property damage" or
"personal and advertising injury"
arising out of the rendering of, or the
failure to render, any professional
architectural, engineering or surveying
services, including:
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB
BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b) Supervisory, inspection,
architectural or engineering
activities.
The limits of insurance that apply to additional
insureds are described in Section D. - Limits
Of Insurance.
How this insurance applies when other
insurance is available to an additional insured
is described in the Other Insurance Condition
in Section E. - Liability And Medical Expenses
General Conditions.
No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture or limited liability
company that is not shown as a Named Insured in
the Declarations.
D. LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE
1. The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most
we will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
2. Aggregate Limits
The most we will pay for:
a. Damages because of "bodily injury" and
"property damage" included in the
"products-completed operations hazard" is
the Products-Completed Operations
Aggregate Limit shown in the
Declarations.
b. Damages because of all other "bodily
injury", "property damage" or "personal
and advertising injury", including medical
expenses, is the General Aggregate Limit
shown in the Declarations.
This General Aggregate Limit applies
separately to each of your "locations"
owned by or rented to you.
"Location" means premises involving the
same or connecting lots, or premises
whose connection is interrupted only by a
street, roadway or right-of-way of a
railroad.
Policy # 57SBWRl6634
This General Aggregate limit does not
apply to "property damage" to premises
while rented to you or temporarily
occupied by you with permission of the
owner, arising out of fire, lightning or
explosion.
3. Each Occurrence Limit
Subject to 2.a. or 2.b above, whichever
applies, the most we will pay for the sum of all
damages because of all "bodily injury",
"property damage" and medical expenses
arising out of any one "occurrence" is the
Liability and Medical Expenses Limit shown in
the Declarations.
The most we will pay for all medical expenses
because of "bodily injury" sustained by any
one person is the Medical Expenses Limit
shown in the Declarations.
4. Personal And Advertising Injury Limit
Subject to 2.b. above, the most we will pay for
the sum of all damages because of all
"personal and adv·ertising injury" sustained by
any one person or organization is the Personal
and Advertising Injury Limit shown in the
Declarations.
5. Damage To Premises Rented To You Limit
The Damage To Premises Rented To You
Limit is the most we will pay under Business
Liability Coverage for damages because of
"property damage" to any one premises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.
In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these.
---7 6. How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or
organization who is an additional insured
under this Coverage Part is the lesser of:
a. The limits of insurance specified in a
written contract, written agreement or
permit issued by a state or political
subdivision; or
b. The Limits of Insurance shown in the
Declarations.
Such amount shall be a part of and not in
addition to the Limits of Insurance shown in
the Declarations and described in this Section.
Form SS 00 08 04 05
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB Policy# 57SBWRl6634
If more than one limit of insurance under this
policy and any endorsements attached thereto
applies to any claim or "suit", the most we will pay
under this policy and the endorsements is the
single highest limit of liability of all coverages
applicable to such claim or "suit". However, this
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3. above.
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than 12 months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.
E. LIABILITY AND MEDICAL EXPENSES
GENERAL CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of
the insured's estate will not relieve us of our
obligations under this Coverage Part.
2. Duties In The Event Of Occurrence,
Offense, Claim Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to
it that we are notified as soon as
practicable of an "occurrence" or an
offense which may result in a claim. To
the extent possible, notice should include:
(1) How, when and where the "occurrence"
or offense took place;
(2) The names and addresses of any
injured persons and witnesses; and
(3) The nature and location of any injury
or damage arising out of the
"occurrence" or offense.
b. Notice Of Claim
If a claim is made or "suit" is brought
against any insured, you or any additional
insured must:
(1) Immediately record the specifics of the
claim or "suit" and the date received;
and
(2) Notify us as soon as practicable.
You or any additional insured must see to
it that we receive a written notice of the
claim or "suit" as soon as practicable.
c. Assistance And Cooperation Of The
Insured
You and any other involved insured must:
Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
(1) Immediately send us copies of any
demands, notices, summonses or
legal papers received in connection
with the claim or "suit";
(2) Authorize us to obtain records and
other information;
(3) Cooperate with us in the investigation,
settlement of the claim or defense
against the "suit"; and
(4) Assist us, upon our request, in the
enforcement of any right against any
person or organization that may be
liable to the insured because of injury
or damage to which this insurance
may also apply.
d. Obligations At The Insured's Own Cost
No insured will, except at that insured's own
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent.
e. Additional lnsured's Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional insured
must submit such claim or "suit" to the
other insurer for defense and indemnity.
However, this provision does not apply to
the extent that you have agreed in a
written contract, written agreement or
permit that this insurance is primary and
non-contributory with the additional
insured's own insurance.
f. Knowledge Of An Occurrence, Offense,
Claim Or Suit
Paragraphs a. and b. apply to you or to
any additional insured only when such
"occurrence", offense, claim or "suit" is
known to:
(1) You or any additional insured that is
an individual;
(2) Any partner, if you or an additional
insured is a partnership;
(3) Any manager, if you or an additional
insured is a limited liability company;
(4) Any "executive officer" or insurance
manager, if you or an additional
insured is a corporation;
(5) Any trustee, if you or an additional
insured is a trust; or
(6) Any elected or appointed official, if you
or an additional insured is a political
subdivision or public entity.
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB
BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to
you and any additional insured.
3. Financial Responsibility Laws
a. When this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financial responsibility law, the insurance
provided by the policy for "bodily injury"
liability and "property damage" liability will
comply with the provisions of the law to
the extent of the coverage and limits of
insurance required by that law.
b. With respect to "mobile equipment" to
which this insurance applies, we will
provide any liability, uninsured motorists,
underinsured motorists, no-fault or other
coverage required by any motor vehicle
law. We will provide the required limits for
those coverages.
4. Legal Action Against Us
No person or organization has a right under
this Coverage Form:
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an
insured; or
b. To sue us on this Coverage Form unless
all of its terms have been fully complied
with.
A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this insurance or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured and the
claimant or the claimant's legal representative.
--->� 5. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned
in this policy to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
a claim is made or "suit" is brought.
6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
(1) The statements in the Declarations
are accurate and complete;
(2) Those statements are based upon
representations you made to us: and
Policy # 57SBWRl6634
(3) We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose
Hazards
If unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
because of such failure.
7. Other Insurance
If other valid and collectible insurance is
available for a loss we cover under this
Coverage Part, our obligations are limited as
follows:
a. Primary Insurance
This insurance is primary except when b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
b. Excess Insurance
This insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
(1) YourWork
That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
(2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you
or temporarily occupied by you with
permission of the owner;
(3) Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
"property damage" to premises rented
to you or temporarily occupied by you
with permission of the owner;
(4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance
or use of aircraft, "autos" or watercraft to
the extent not subject to Exclusion g. of
Section A. - Coverages.
(5) Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of "property
damage" to borrowed equipment or
the use of elevators to the extent not
subject to Exclusion k. of Section A. -
Coverages.
Form SS 00 08 04 05
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB Policy # 57SBWRl6634
(6) When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
---)� (7) When You Add Others As An
Additional Insured To This
Insurance
Thal is other insurance available lo an
additional insured.
However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
(a) Primary Insurance
Required By Contract
When
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. If other
insurance is also primary, we will
share with all that other insurance
by the method described in c.
below.
(b) Primary And Non-Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non-contributory with
the additional insured's own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.
Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an
additional insured.
When this insurance is excess, we will
have no duty under this Coverage Part to
defend the insured against any "suit" if any
other insurer has a duty to defend the
insured against that "suit". If no other
insurer defends, we will undertake to do
so, but we will be entitled to the insured's
rights against all those other insurers.
Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and selfinsured amounts under all that other insurance.
We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer's share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.
8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, those rights are
transferred to us. The insured must do
nothing after loss to impair them. At our
request, the insured will bring "suit" or
transfer those rights to us and help us
enforce them. This condition does not
apply to Medical Expenses Coverage.
---)-? b. Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB Policy # 57SBWRl6634
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
HIRED AUTO AND NON-OWNED AUTO
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
This coverage is subject to all provisions in the
BUSINESS LIABILITY COVERAGE FORM not
expressly modified herein:
A. Amended Coverage:
Coverage is extended to "bodily injury" and
"property damage" arising out of the use of a "hired
auto" and "non-owned auto".
B. Paragraph 8. EXCLUSIONS is amended as
follows:
1. Exclusion g. Aircraft, Auto or Watercraft does
not apply to a "hired auto" or a "non-owned
auto".
2. Exclusion e. Employers Liability does not
apply to "bodily injury" to domestic "employees"
not entitled to workers' compensation benefits
or to liability assumed by the "insured" under an
"insured contract".
3. Exclusion f. Pollution is replaced by the
following:
"Bodily injury" or "property damage" arising out
of the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of "pollutants":
a. That are, or that are contained in any
property that is:
(1) Being transported or towed by, handled,
or handled for movement into, onto or
from, the covered "auto";
(2) Otherwise in the course of transit by or
on behalf of the "insured"; or
(3) Being stored, disposed of, treated or
processed in or upon the covered
"auto".
b. Before the "pollutants" or any property in
which the "pollutants" are contained are
Form SS 04 38 09 09
moved from the place where they are
accepted by the "insured" for movement into
or onto the covered "auto"; or
c. After the "pollutants'' or any property in
which the "pollutants" are contained are
moved from the covered "auto" to the place
where they are finally delivered, disposed of
or abandoned by the "insured".
Paragraph a. above does not apply to fuels,
lubricants, fluids, exhaust gases or other
similar "pollutants" that are needed for or
result from the nonnal electrical, hydraulic
or mechanical functioning of the covered
"auto" or its parts, if:
(1) The "pollutants" escape, seep, migrate,
or are discharged or released directly
from an "auto" part designed by its
manufacturer to hold, store, receive, or
dispose of such "pollutants"; and
(2) The "bodily injury" and "property
damage" does not arise out of the
operation of any equipment listed in
paragraphs 15.b. and 15.c. of the
definition of "mobile equipment".
Paragraphs b. and c. above do not apply to
"accidents" that occur away from premises
owned by or rented to an "insured" with
respect to "pollutants" not in or upon a
covered "auto" if:
(1) The "pollutants" or any property in
which the "pollutants" are contained are
upset, overturned or damaged as a
result of the maintenance or use of a
covered "auto"; and
© 2009, The Hartford
(Includes copyrighted material of ISO Properties, Inc , with its permission) DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB Policy# 57SBWRl6634
(2) The discharge, dispersal, seepage,
migration, release or escape of the
"pollutants" is caused directly by such
upset, overturn or damage as a result of
the maintenance or use of a covered
"auto".
4. With respect to this coverage, the following
additional exclusions apply:
a. Fellow employee
Coverage does not apply to "bodily injury" to
any fellow "employee" of the "insured"
arising out of the operation of an "auto"
owned by the "insured" in the course of the
fellow "employee's" employment.
b. Care, custody or control
Coverage does not apply to "property
damage" involving property owned or
transported by the "insured" or in the
''insured's" care, custody or control.
C. With respect to "hired auto" and "non-owned auto"
coverage, Paragraph C. WHO IS AN INSURED is
deleted and replaced by the following:
The following are "insureds":
a. You.
b. Your "employee" while using with your
permission:
(1) An "auto" you hire or borrow; or
(2) An "auto" you don't own, hire or borrow in
your business or personal affairs; or
(3) An "auto" hired or rented by your
"employee" on your behalf and at your
direction.
c. Anyone else while using a "hired auto" or "nonowned auto" with your permission except:
(1) The owner or anyone else from whom you
hire or borrow an "auto".
(2) Someone using an auto while he or she is
working in a business of selling, servicing,
repairing, parking or storing "autos" unless
that business is yours.
(3) Anyone other than your "employees",
partners (if you are a partnership), members
(if you are a limited liability company), or a
lessee or borrower or any of their
"employees", while moving property to or
from an "auto".
(4) A partner (if you are a partnership), or a
member (if you are a limited liability
company) for an "auto" owned by him or her
or a member of his or her household.
d. Anyone liable for the conduct of an "insured"
described above but only to the extent of that
liability.
D. With respect to the operation of a "hired auto" and
"non-owned auto", the following additional
conditions apply:
1. OTHER INSURANCE
a. Except for any liability assumed under an
"insured contract" the insurance provided by
this Coverage Form is excess over any
other collectible insurance.
However, if your business is the selling,
servicing, repairing, parking or storage of
"autos", the insurance provided by this
endorsement is primary when covered
"bodily injury" or "property damage" arises
out of the operation of a customer's "auto"
by you or your "employee".
b. When this Coverage Form and any other
Coverage Form or policy covers on the
same basis, either excess or primary, we
will pay only our share. Our share is the
proportion that the Limit of Insurance of our
Coverage Form bears to the total of the
limits of all the Coverage Forms and policies
covering on the same basis.
2. TWO OR MORE COVERAGE FORMS OR
POLICIES ISSUED BY US
If the Coverage Form and any other Coverage
Form or policy issued to you by us or any
company affiliated with us apply to the same
"accident", the aggregate maximum Limit of
Insurance under all the Coverage Forms or
policies shall not exceed the highest applicable
Limit of Insurance under any one Coverage
Form or policy. This condition does not apply to
any Coverage Form or policy issued by us or an
affiliated company specifically to apply as
excess insurance over this Coverage Form.
E. The following definitions are added:
G. LIABILITY AND MEDICAL EXPENSES
DEFINITIONS:
1. "Hired auto" means any "auto" you lease,
hire, rent or borrow. This does not include
any auto you lease, hire, rent or borrow
from any of your "employees", your partners
(if you are a partnership), members (if you
are a limited liability company),
Form SS 04 38 09 09
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB Policy# 57SBWRl6634
or your "executive officers" or members of
their households.
This does not include a long-term leased
"auto" that you insure as an owned "auto"
under any other auto liability insurance
policy or a temporary substitute for an
"auto" you own that is out of service
because of its breakdown. repair, servicing
or destruction.
2. "Non-owned auto " means any "auto" you
do not own, lease, hire, rent or borrow
which is used in connection with your
business. This includes:
a. "Autos" owned by your "employees" your
partners (if you are a partnership),
members (if you are a limited liability
company), or your "executive officers",
or members of their households, but
only while used in your business or your
personal affairs.
b. Customer's "auto" that is in your care,
custody or control for service.
Form 55 04 38 09 09 Page 3 of 3
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WORKERS' COMPENSATION BROAD FORM ENDORSEMENT
EXTENDED OPTIONS
Policy Number: 57WEGGC3286 Endorsement Number:
Effective Date: 04/01/2023 Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address: TEF Architecture+ Interior Design, Inc. 1420 Sutter Street
San Francisco, CA 94109
Section I of this endorsement expands coverage provided under WC 00 00 00.
Section II of this endorsement provides additional coverage usually only provided by endorsement.
Section Ill of this endorsement is a Schedule of Covered States.
You may use the index to locate these coverage features quickly:
SUBJECT
SECTION I
PARTS ONE and TWO
01 We Will Also Pay
PART-THREE
02 How This Insurance Works
PART-SIX
03 Transfer of Your Rights and Duties
04 Liberalization
SECTION II
VOLUNTARY COMPENSATION
INSURANCE
05 Voluntary Compensation Insurance
A. How This Insurance Applies
B. We Will Pay
C. Exclusions
D. Before We Pay
E. Recovery From Others
F. Employers' Liability Insurance
EMPLOYERS' LIABILITY STOP GAP
ENDORSEMENT
06 Employers' Liability Stop Gap
Coverage
A. Stop Gap Coverage Limited to
Montana, North Dakota, Ohio,
Washington, West Virginia and
Wyoming
INDEX
PAGE
2 2
2 2
2 2
2 2
2 2
2 2
3 3
3 3
3 3
3 3
SUBJECT
B. Part One Does Not Apply
C. Application of Coverage
D. Additional Exclusions
E. West Virginia
EXTENDED OPTIONS
01 Employers' Liability Insurance
02 Unintentional Failure to Disclose
Hazards
03 Waiver of Our Right to Recover from
Others
04 Foreign Voluntary Compensation
A. How This Reimbursement Applies
B. We Will Reimburse
C. Exclusions
D. Before We Pay
E. Recovery From Others
F. Reimbursement For Actual Loss
Sustained
G. Repatriation
H. Endemic Disease
05 Longshore and Harbor Workers'
Compensation Act Coverage
Endorsement
SECTION Ill
01 Schedule of Covered States
3 3
3 3
4 4
4 4
4 4
4 4
5 5
5 5
5 5
6 6
Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00)
Process Date: 3/2912023
Policy Expiration Date: 0410112024
© 2000, The Hartford
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB PARTS ONE and TWO
1. WE WILL ALSO PAY
D. We Will Also Pay of Part One (WORKERS'
COMPENSATION INSURANCE); and
E. We Will Also Pay of Part Two
(EMPLOYERS' LIABILITY INSURANCE) is
replaced by the following:
We Will Also Pay
We will also pay these costs, in addition to
other amounts payable under this insurance,
as part of any claim, proceeding, or suit we
defend:
1. reasonable expenses incurred at our
request, INCLUDING loss of earnings;
2. premiums for bonds to release
attachments and for appeal bonds in
bond amounts up to the limit of our
liability under this insurance;
3. litigation costs taxed against you;
4. interest on a judgment as required by law
until we offer the amount due under this
law; and
5. expenses we incur.
VOLUNTARY COMPENSATION ANDEMPLOYERS'
LIABILITY COVERAGE
5. Voluntary Compensation Insurance
A. How This Insurance Applies
This insurance applies to bodily inJury by
accident or bodily injury by disease. Bodily
injury includes resulting death.
1. The bodily injury must be sustained by
any officer or employee not subject to the
workers' compensation law of any state
shown in Item 3.A. of the Information
Page.
2. The bodily injury must arise out of and in
the course of employment or incidental to
work in a state shown in Item 3.A. of the
Information Page.
Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00)
SECTION I
PART THREE
2. How This Insurance Applies
Paragraph 4. of A. How This Insurance Applies of
Part 3 (Other States Insurance) is replaced by the
following:
4. If you have work on the effective date of this
policy in any state not listed in Item 3.A. of the
Information Page, coverage will not be afforded
for that state unless we are notified within sixty
days.
PART SIX
3. Transfer Of Your Rights and Duties
C. Transfer Of Your Rights and Duties of Part 6
(Conditions) is replaced by the following:
Your rights or duties under this policy may not be
transferred without our written consent.
If you die and we receive notice within sixty days
after your death, we will cover your legal
representative as insured.
4. Liberalization
SECTION II
If we adopt a change in this form that would broaden
the coverage of this form without extra charge, the
broader coverage will apply to this policy. It will apply when the change becomes effective in your state.
3. The bodily injury must occur in the United
States of America, its territories or
possessions, or Canada, and may occur
elsewhere if the employee is a United States
or Canadian citizen, or otherwise legal
resident, and legally employed, in the United
States or Canada and temporarily away from
those places.
4. Bodily injury by accident must occur during
the policy period.
5. Bodily injury by disease must be caused or
aggravated by the conditions of the
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB officer's or employee's employment. The
officer's or employee's last day of last
exposure to the conditions causing or
aggravating such bodily injury by disease
must occur during the policy period.
B. We Will Pay
We will pay an amount equal to the benefits
that would be required of you as if you and
your employees were subject to the workers'
compensation law of any state shown in Item
3.A. of the Information Page. We will pay
those amounts to the persons who would be
entitled to them under the law.
C. Exclusion
This insurance does not cover:
1. any obligation imposed by workers'
compensation or occupational disease
law or any similar law.
2. bodily injury intentionally caused or
aggravated by you.
3. officers or employees who have elected
not to be subject to the state workers'
compensation law.
4. partners or sole proprietors not covered
under the Standard Sole Proprietors,
Partners, Officers and Others Coverage
Endorsement.
D. Before We Pay
Before we pay benefits to the persons
entitled to them, they must:
1. Release you and us, in writing, of all
responsibility for the injury or death.
2. Transfer to us their right to recover from
others who may be responsible for the
injury or death.
3. Cooperate with us and do everything
necessary to enable us to enforce the
right to recover from others.
If the persons entitled to the benefits of this
insurance fail to do those things, our duty to
pay ends at once. If they claim damages
from you or from us for the injury or death,
our duty to pay ends at once.
E. Recovery From Others
If we make a recovery from others, we will
keep an amount equal to our expenses of
recovery and the benefits we paid. We will
pay the balance to the persons entitled to it.
Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00)
If the persons entitled to the benefits of this
insurance make a recovery from others, they
must reimburse us for the benefits we paid them.
F. Employers' Liability Insurance
Part Two (Employers' Liability Insurance) applies
to bodily injury covered by this endorsement as
though the State of Employment was shown in
Item 3.A. of the Information Page.
This provision 5. does not apply in New Jersey or
Wisconsin.
EMPLOYERS' LIABILITY STOP GAP COVERAGE
6. Employers' Liability Stop Gap Coverage
A. This coverage only applies in Montana, North
Dakota, Ohio, Washington, West Virginia and
Wyoming.
B. Part One (Workers' Compensation Insurance)
does not apply to work in states shown in
Paragraph A above.
C. Part Two (Employers' Liability Insurance) applies
in the states, shown in Paragraph A., as though
they were shown in Item 3.A. of the Information
Page.
D. Part Two, Section C. Exclusions is changed by
adding these exclusions.
This insurance does not cover;
5. bodily mJury intentionally caused or
aggravated by you or in Ohio bodily injury
resulting from an act which is determined by
an Ohio court of law to have been committed
by you with the belief than an injury is
substantially certain to occur. However, the
cost of defending such claims or suits in Ohio
is covered.
13. bodily injury sustained by any member of the
flying crew of any aircraft.
14. any claim for bodily injury with respect to
which you are deprived of any defense or
defenses or are otherwise subject to penalty
because of default in premium under the
provisions of the workers' compensation law
or laws of a state shown in Paragraph A.
E. This insurance applies to damages for which you
are liable under West Virginia Code Annot. S 23-
4-2.
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB
EXTENDED OPTIONS
1. Employers' Liability Insurance
Item 3.8. of the Information Page is replaced by
the following:
B. Employers' Liability Insurance:
1. Part Two of the policy applies to work in
each state listed in Item 3.A.
The Limits of Liability under Part Two are
the higher of:
Bodily Injury
by Accident $500,000 Each Accident
Bodily Injury
by Disease $500,000 Policy Limit
Bodily Injury
by Disease $500,000 Each Employee
OR
2. The amount shown in the Information
Page.
This provision 1 of EXTENDED OPTIONS does
not apply in New York because the Limits Of Our
Liability are unlimited.
In this provision the limits are changed from
$500,000 to $1,000,000 in California.
2. Unintentional Failure to Disclose Hazards
If you unintentionally should fail to disclose all
existing hazards at the inception date of your
policy, we shall not deny coverage under this
policy because of such failure.
3. Waiver of Our Right To Recover From Others
A. 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 any person or organization for whom
you perform work under a written contract
that requires you to obtain this agreement
from us.
This agreement shall not operate directly or
indirectly to benefit anyone not named in the
agreement.
B. This provision 3. does not apply in the states
of Pennsylvania and Utah.
Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00)
4. Foreign Voluntary Compensation and Employers'
Liability Reimbursement
A. How This Reimbursement Applies
This reimbursement provision applies to bodily
injury by accident or bodily injury by disease.
Bodily injury includes resulting death.
1. The bodily injury must be sustained by an
officer or employee.
2. The bodily injury must occur in the course of
employment necessary or incidental to work
in a country not listed in Exclusion C.1. of this
provision.
3. Bodily injury by accident must occur during
the policy period.
4. Bodily injury by disease must be caused or
aggravated by the conditions of your
employment. The officer or employee's last
exposure to those conditions of your
employment must occur during the policy
period.
B. We Will Reimburse
We will reimburse you for all amounts paid by
you whether such amounts are:
1. voluntary payments for the benefits that
would be required of you if you and your
officers or employees were subject to any
workers' compensation law of the state of
hire of the individual employee.
2. sums to which Part Two (Employers' Liability
Insurance) would apply if the Country of
Employment were shown in Item 3.A. of the
Information Page.
C. Exclusions
This insurance does not cover:
1. any occurrences in the United States,
Canada, and any country or jurisdiction
which is the subject of trade or economic
sanctions imposed by the laws or regulations
of the United States of America in effect as of
the inception date of this policy.
2. any obligation imposed by a workers'
compensation or occupational disease law,
or similar law.
3. bodily 1nJury intentionally caused or
aggravated by you.
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB
4. liability for any consequence, whether
direct or indirect, of war, invasion, act of
Foreign enemy, hostilities (whether war
be declared or not), civil war, rebellion,
revolution, insurrection or military or
usurped power. No endorsement now or
subsequently attached to this policy shall
be construed as overriding or waiving
this limitation unless specific reference is
made thereto.
D. Before We Pay
Before we reimburse you for the benefits to
the persons entitled to them, you must have
them:
1. release you and us, in writing, of all
responsibility for the injury or death,
2. transfer to us their right to recover from
others who may be responsible for their
injury or death,
3. cooperate with us and do everything
necessary to enable us to enforce the
right to recover from others.
If the persons entitled to the benefits paid fail
to do these things, our duty to reimburse
ends at once. If they claim damages from us
for the injury or death, our duty to reimburse
ends at once.
E. Recovery From Others
If we make a recovery from others, we will
keep an amount equal to our expenses of
recovery and the benefits we reimbursed.
We will pay the balance to the persons
entitled to it. If persons entitled to the
benefits make a recovery from others, they
must repay us for the amounts that we have
reimbursed you.
F. Reimbursement for Actual Loss
Sustained
This endorsement provides only for
reimbursement for the loss you actually
sustain. In order for you to recover loss or
expenses under this reimbursement you
must:
1. actually sustain and pay the loss or
expense in money after trial, or
2. secure our consent for the payment of
the loss or expense.
G. Repatriation
Our reimbursement includes the additional
expenses of repatriation to the United States
Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00)
of America necessarily incurred as a direct result
of bodily injury.
Our reimbursement shall be limited as follows:
1. to the amount by which such expenses
exceed the normal cost of returning the
officer or employee if in good health, or
2. in the event of death, to the amount by which
such expenses exceed the normal cost of
returning the officer or employee if alive and
in good health.
In no event shall our reimbursement exceed the
bodily injury by accident limit shown in Item 3.8.
of the Information Page as respects any one
such officer or employee whether dead or alive.
H. Endemic Disease
The word "disease" includes any endemic
diseases.
The coverage applies as if endemic diseases
were included in the provisions of the workers'
compensation law.
5. Longshore and Harbor Workers' Compensation
Act Coverage
General Section C. Workers' Compensation Law
is replaced by the following:
C. Workers' Compensation Law
Workers' Compensation Law means the workers
or workers' compensation law and occupational
disease law of each state or territory named in
Item 3.A. of the Information Page and the
Longshore and Harbor Workers' Compensation
Act (33 USC Sections 901-950). It includes any
amendments to those laws that are in effect
during the policy period. It does not include any
other federal workers or workers' compensation
law, other federal occupational disease law or the
provIsIons of any law that provide
nonoccupational disability benefits.
Part Two (Employers' Liability Insurance), C.
Exclusions, exclusion 8, does not apply to work
subject to the Longshore and Harbor Workers'
Compensation Act.
This coverage does not apply to work subject to
the Defense Base Act, the Outer Continental
Shelf Lands Act, or the Nonappropriated Fund
Instrumentalities Act.
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB SECTION Ill
1. SCHEDULE OF COVERED STATES
CA
A. This endorsement only applies in the states
listed in this Schedule of Covered States.
C. Schedule of Covered States:
B. If a state, shown in Item 3.A. of the Information
Page, approves this endorsement after the
effective date of this policy, this endorsement will
apply to this policy. The coverage will apply in
the new state on the effective date of the state
approval
Countersigned by ___________________ _
Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00)
Authorized Representative
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB DocuSign Envelope ID: M3A924E-ADD6-4DF1-AF3O-63B5BF64E304 RESOLUTION NO. 22560 (N.C.S.)
A RESOLUTION APPROVING MASTER SERVICE AGREEMENTS BETWEEN THE
CITY OF SALINAS AND WALD, RUHNKE & DORST ARCHITECTS, AETYPIC,
BUREAU VERI
TAS, TEF DESIGN, AND LDA PARTNERS FOR
ON-CALL ARCIIlTECTURAL SERVICES
WHEREAS, the Public Works Department has identified the need to utilize on-call consultants to provide architectural services to assist the department with any building projects, and other services related to design and construction of various public works projects; and WHEREAS, on September 16, 2022, the City of Salinas engaged in a Request for Qualifications (RFQ) process to identify firms with the requisite qualifications to provide architectural services; and
WHEREAS, on October 14, 2022, Public Works staff received nine (9) statements of qualifications (SOQ) from consultants; and
WHEREAS, an evaluation committee consisting of Public Works staff reviewed each SOQ and selected the top five (5) based on the criteria set forth in the Request for Qualifications; and
WHEREAS, the award of projects to the selected architectural firms will be based on an additional qualifications-based selection process.
NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council approves the Master Service Agreements between the City of Salinas and Wald, Ruhnke & Dorst Architects, Aetypic, Bureau Veritas, TEF Design and LDA Partners to provide architectural services for various public works projects; and
BE IT FURTHER RESOLVED, that the City Manager is hereby authorized and directed, for and on behalf of the City of Salinas, and as its act and deed, to execute the attached Master Service Agreements; and
BE IT FURTHER RESOLVED, that the City Manager is authorized to execute extensions and/or modifications to the Agreements and to take whatever additional action may be necessary to effectuate the intent of this resolution; and BE IT FURTHER RESOLVED, that the City Engineer or his/her designee is hereby authorized to approve the Consultant's on-going performance of services without the need for subsequent Professional Service Agreements provided the Consultant is, at all times throughout the term thereof, in compliance with the terms and conditions of the Master Service Agreement approved through this Resolution.
Page I I
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB DocuSign Envelope ID: AA3A924E-ADD6-4DF1-AF3D-6385BF64E304 PASSED AND APPROVED this 10th day of January 2023, by the following vote:
AYES: Councilmembers: Barrera, Gonzalez, McShane, Osornio, Rocha, Sandoval and Mayor Craig
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
c,:;=��AS
IBEl1EGtal .. 4a:! ...
Patricia M. Barajas, City Clerk
APPROVED:
c=�·------
Kimbley Craig, Mayor
DocuSign Envelope ID: 665AD0E1-DC6A-4762-9D61-F3A9CA73D1AB
Version: July 2024
AGREEMENT - AMENDMENT NO. [1] TO
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
TEF ARCHITECTURE AND INTERIOR DESIGN, INC. AND CITY OF SALINAS This Amendment No. [1] to the Agreement for Professional Services (the “Amendment”) is entered into this 19th day of November 2024, by and between the City of Salinas (the “City”) and TEF Architecture and Interior Design, Inc., (the “Consultant”). City and Contractor may be individually referred to herein as a “Party” and collectively the City and Contractor may be referred to as the “Parties.”
RECITALS
WHEREAS, the City and Consultant first entered into an Agreement for Professional Services effective July 1, 2024, pursuant to which Consultant agreed to act as and provide certain services to the City for compensation (the “Agreement”); and
WHEREAS, the City and Consultant desire to amend the Agreement to reflect the additional scope to be provided by Consultant, reflect the revised Compensation to be paid to Consultant, and extend the term of the Agreement.
NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:
TERMS
1. The Agreement, Scope of Services section, is amended to add the additional services outlined in the Consultant proposal, attached hereto as Exhibit “A” and incorporated herein by this reference.
2. The Agreement, Compensation section, is amended to increase the not to exceed amount to $252,290.00.
3. The Agreement, Term; Completion Schedule section, is amended to extend the term through December 31, 2025.
4. All other covenants, terms, and conditions set forth in the Agreement and not amended by this Amendment shall remain in full force and effect as if fully set forth herein.
IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Contractor have entered into this Agreement as of the date first written above.
CITY OF SALINAS
___________________________________
René Mendez, City Manager
APPROVED AS TO FORM:
___________________________________
Christopher A. Callihan, City Attorney
Docusign Envelope ID: 159178D9-BD2E-4AC2-9755-B1C1BA35A013
Version: July 2024
TEF ARCHITECTURE AND INTERIOR DESIGN, INC.
____________________________________
Printed name: Maryam Rostami__________
Title: Principal________________________
Docusign Envelope ID: 159178D9-BD2E-4AC2-9755-B1C1BA35A013 City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#25-254, Version: 1
2024 Justice Assistance Grant Acceptance and Memorandum of Understanding with County of Monterey Approve a Resolution authorizing acceptance of the 2024 Justice Assistance Grant (JAG); establishment of the 2024 JAG Grant expense appropriation and corresponding revenue budget of up to $74,970; and authorizing the execution of a Memorandum of Understanding with the County of Monterey for activities related to the 2024 JAG.
City of Salinas Page 1 of 1 Printed on 6/26/2025
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: JULY 1, 2025
DEPARTMENT: SALINAS POLICE DEPARTMENT
FROM: CARLOS ACOSTA, CHIEF OF POLICE
BY: TONYA ERICKSON, POLICE SERVICES ADMINISTRATOR
TITLE: 2024 JUSTICE ASSISTANCE GRANT ACCEPTANCE AND MOU
WITH COUNTY OF MONTEREY
RECOMMENDED MOTION:
a) Adopt a resolution accepting the 2024 Justice Assistance Grant (JAG) in the amount of $74,970 and delegating authority to the City Manager to execute the grant agreement, additional amendments, and all related documents to effectuate the grant; b) Delegating authority to the City Manager to execute a Memorandum of Understanding between the City and County of Monterey for activities related to the 2024 JAG; and c) Adopt the following appropriation and funding source amendments:
1. Establish the 2024 JAG Grant expense appropriation to the Police Department in the amount of $74,970; and
2. Increase the Intergovernmental estimated revenue budget by $74,970.
EXECUTIVE SUMMARY:
The Salinas Police Department, serving as Fiscal Agent for the 2024 Justice Assistance Grant with sub-awardee Monterey County Sheriff’s Department, has been selected to receive the grant award of $74,970. The Department is requesting that City Council accept the grant, establish the appropriation and corresponding revenue budget, and execute the associated MOU with the County of Monterey.
BACKGROUND:
The United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance (BJA) Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows local governments to support a broad range of activities to prevent and control crime based on their local needs and conditions. The formula for allocating JAG funds is based on the FBI’s Uniform Crime Report Page | 2
(UCR) and National Incident-Based Reporting System (NIBRS) crime data. The formula for JAG result in an allocation of funds referred to as a disparate allocation. This occurs when a city or municipality is scheduled to receive an amount one and one-half times greater than a county with concurrent jurisdiction. This JAG grant includes the City of Salinas and the County of Monterey.
Jurisdictions certified as disparate must submit a joint application for the aggregate of funds allocated to them, specifying the amounts and purposes of the funds that are to be distributed to each of the units of local government. A Memorandum of Understanding must be completed, signed, and submitted to the Office of Justice Programs, indicating which agency will serve as the applicant/fiscal agent for the joint funds. The City of Salinas will serve as applicant/fiscal agent.
The total allocation for both jurisdictions is $74,970. The City of Salinas Police Department will receive $55,842 and the Monterey County Sheriff’s Department will receive $19,128.
The prepared Memorandum of Understanding (MOU) details the distribution of funds and names the City of Salinas as the fiscal agent for the grant. The Resolutions authorize the execution of all grant approval documents, the establishment of the 2024 JAG appropriation and related revenue budget to support grant activities, and the execution of the MOU between the City and the County.
The City of Salinas portion of the grant is to be allocated to support the purchase of License Plate Reader (LPR) camera systems to maintain our capabilities to solve a variety of crimes throughout the City. The Sheriff’s Department portion of the grant is to be allocated to purchase new laptops and associated accessories for Patrol Field Training Officers, as well as screen protectors for the CF33 tablets installed in Patrol vehicle. Spending plan modifications are allowable if approved by the Office of Justice Program.
The Police Department is requesting that City Council authorize the acceptance of the 2024 Justice Assistance Grant (JAG) and execution of all necessary documents to effectuate the grant. We are also asking for authorization to establish the 2024 JAG Grant expense appropriation and corresponding revenue budget up to $74,970 to support grant activities. Finally, the Police Department is asking that City Council delegate authority to the City Manager to execute a Memorandum of Understanding between the City and County of Monterey for activities related to the 2024 JAG.
CEQA CONSIDERATION:
Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
CALIFORNIA GOVERNMENT CODE §84308 APPLIES:
No. The City of Salinas has determined that Government Code §84308/Levine Act does apply to this item.
STRATEGIC PLAN INITIATIVE:
Approving the proposed Resolution will support the City Council’s Strategic Plan Goal of Public Safety.
Page | 3
DEPARTMENTAL COORDINATION:
The Police Department has coordinated with the Legal Department on the MOU and will coordinate with the Legal and Finance Department during implementation.
FISCAL AND SUSTAINABILITY IMPACT:
Proposed funding from the 2024 Justice Assistance Grant is $74,970. No matching funds are required from the City of Salinas to receive the grant funds, and the Resolution authorizes the establishment of an appropriation and corresponding revenue budget to support grant activities.
Fund Appropriation Appropriation
Name
Total
Appropriation
Amount for
recommendation
FY 24-25
Operating
Budget Page
Last Budget
Action (Date,
Resolution)
3161 tbd tbd $0 $74,970 n/a n/a
ATTACHMENTS:
Resolution - 2024 JAG Acceptance and MOU
Memorandum of Understanding (MOU) – 2024 JAG
2024 JAG Award Package
RESOLUTION NO. __________________ (N.C.S.)
A RESOLUTION ACCEPTING THE 2024 JUSTICE ASSISTANCE GRANT AND THE
EXECUTION OF A MEMORANDUM OF UNDERSTANDING RELATED TO THIS FUNDING WHEREAS, the United States Department of Justice, Bureau of Justice Assistance (BJA) has established the annual Edward Byrne Memorial Justice Grant (JAG) Program to assist local governments in their efforts to prevent and to control crime and to improve the criminal justice system; and
WHERAS, the BJA has determined that the City of Salinas and other local jurisdictions are jointly eligible to apply for and to receive funding through the annual JAG Program, which will allow the City and those other jurisdictions to support a broad range of activities to prevent and to control crime based on their own local needs and conditions; and WHEREAS, the total grant allocation is $74,970, with the City of Salinas portion of $55,842 and the County of Monterey portion, as a disparate agency, of $19,128; and WHEREAS, the City and the County of Monterey are obligated to enter into a Memorandum of Understanding in order to maintain their eligibility to apply for and to receive JAG Program funds.
NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council authorizes the City Manager and the Chief of Police, or their designees, to accept funding in the amount of $74,970, including the execution of all documents necessary to effectuate the grant; and BE IT FURTHER RESOLVED that the Salinas City Council authorizes the establishment of the 2024 JAG expense appropriation and corresponding revenue budget of up to $74,970 to support grant activities; and
BE IT FURTHER RESOLVED that the Salinas City Council authorizes the City Manager to enter into a Memorandum of Understanding between the City of Salinas and the County of Monterey for the 2024 Edward Byrne Memorial Justice Assistance Grant.
PASSED AND APPROVED this 1
st day of July 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
___________________________________
Dennis Donohue, Mayor
ATTEST:
__________________________
Patricia M. Barajas, City Clerk
2024 Local Solicitation JAG Program Page 1 of 5
County-City MOU
MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF SALINAS AND COUNTY OF MONTEREY
2024 LOCAL SOLICITATION:
EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT (JAG) PROGRAM
RECITALS
This Agreement is made and entered into this July 1, 2025, by and amongst the City of Salinas and the County of Monterey, in support of the parties’ FY 2024 Local Solicitation award for an Edward Byrne Memorial Justice Assistance Grant (JAG) from the Bureau of Justice Assistance (BJA), U.S. Department of Justice.
WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of the Agreement is in the best interest of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and
WHEREAS, the City of Salinas and County of Monterey are to receive a disparate allocation of JAG funds in the total amount of $74,970; and WHEREAS, the City of Salinas and County of Monterey have submitted a joint application for the aggregate of funds to be allocated to them, specifying the amount of the funds that are to be distributed to each of them, and the purposes for which the funds will be used; NOW, THEREFORE, the City of Salinas and County of Monterey agree as follows:
TERMS
1. Application for JAG Funds. The City of Salinas and County of Monterey are certified by BJA as disparate and submitted a joint application on October 16, 2024, for the aggregate of funds to be allocated to them, specifying the amount of the funds that are to be distributed to each of them, and the purposes for which the funds will be used.
2. Federal Award and Subrecipient Information. The City of Salinas has approved for the Federal award as indicated below.
Federal Award Identification: 2024 BJA FY 24 Edward Byrne Memorial Justice Assistance Grant (JAG) Program – Local Solicitation
Subrecipient Name: County of Monterey
Subrecipient’s DUNS/UEI Number: JKHSNNJ5H3Y5
Federal Award Identification Number (FAIN): 15PBJA-24-GG-05174-JAGX Federal Award Date: 12/05/2024
2024 Local Solicitation JAG Program Page 2 of 5
County-City MOU
Subaward Period of Performance Start and End Date: 10/01/2023 – 09/30/2027 Amount of Federal Funds Obligated in this agreement: $74,970 Total Amount of Federal Funds Obligated to Subrecipient: $19,128 Total Amount of the Federal Award: $74,970
Federal Award Project Description:
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states and units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions.
Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation) and 8) mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams.
This JAG award will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above. Funded programs or initiatives may include multijurisdictional drug and gang task forces, crime prevention and domestic violence programs, courts, corrections, treatment, justice information sharing initiatives, or other programs aimed at reducing crime and/or enhancing public/officer safety.
2. Allocation of JAG Funds. The City of Salinas and County of Monterey agree to apportion the total Local Solicitation JAG award of $74,970, in the following amounts:
City of Salinas, Salinas Police Department $ 55,842
County of Monterey, Sheriff’s Department $ 19,128
3. Fiscal Agent for Receipt and Distribution of JAG Funds. The City of Salinas shall be the Fiscal Agent for the receipt of JAG funds, and as Fiscal Agent, shall be responsible for the oversight of the administration and distribution of the JAG funds.
4. Authorized Uses and Grant Requirements of JAG Funds. The City of Salinas and County of Monterey agree to develop individualized spending plans as to each party’s respective grant allocation. The City of Salinas plans to use JAG funds to purchase License Plate Readers (LPRs) to enhance capabilities to investigate and solve a variety of crimes. Monterey County plans to use JAG funds to purchase new laptops and associated accessories for the Sheriff’s Department Patrol Field Training Officers, as well as screen protectors for the CF33 tablets installed in Patrol vehicles. Spending plan modifications are allowable if approved by the Office of Justice Programs. All parties to this Agreement, whether the actual grantee (the City of Salinas) or a subgrantee (the County of Monterey) shall comply with all requirements set forth in the 2024 Local Solicitation: Edward Byrne Memorial Justice Assistance Grant (JAG) Program and mandatory award terms and conditions set for by the Office of Justice Programs. 2024 Local Solicitation JAG Program Page 3 of 5
County-City MOU
5. Reporting Requirements of JAG Funds. Each party agrees to meet the reporting requirements of the JAG grant program, which requires detailed reporting, including reporting on subawards, not later than thirty calendar days after the end of each calendar quarter. In order for the Fiscal Agent to comply with the reporting requirements of the JAG program, all parties shall provide a quarterly report to the Fiscal Agent no later than twenty calendar days after the end of each calendar quarter.
6. Establishment of Trust Fund(s). As Fiscal Agent for the receipt and distribution of JAG funds, the City of Salinas shall establish a trust fund in which to deposit the JAG funds. At the City of Salinas’ discretion, the trust fund may or may not be an interest bearing account. The County of Monterey shall also establish a trust fund in which to deposit funds if they elect to receive JAG funds in advance.
7. Term of Agreement. This Agreement shall commence on October 1, 2023 and shall remain in full force and effect through the full appropriation of 2024 JAG funds.
8. Administrative Costs. The City of Salinas agrees to manage the Local Solicitation JAG funds, including submitting quarterly financial and progress reports as required by BJA, at no cost to the grant.
9. Limits on Liability. Nothing in the performance of this Agreement shall impose any liability for claims against the City of Salinas and County of Monterey other than claims for which liability may be imposed by the California Torts Claims Act; further, each party to this Agreement shall be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party.
10. Third Party Rights under Agreement. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement.
11. 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.
12. Termination. Unless otherwise terminated as provided in this Agreement, this Agreement will continue in effect through the full period of appropriation of 2024 Local Solicitation JAG funds.
13. Notices. Unless otherwise provided in this Agreement, any notice, request, consent, instruction, or other document to be given under this Agreement by the City of Salinas or County of Monterey to each other shall be in writing and shall be effective on the date received, as follows:
City of Salinas: County of Monterey:
René Mendez, City Manager Sonia M. De La Rosa, County Administrative Officer City of Salinas County of Monterey
200 Lincoln Avenue 168 W. Alisal St., 3rd floor
Salinas, CA 93901 Salinas, CA 93901
2024 Local Solicitation JAG Program Page 4 of 5
County-City MOU
14. Entire Agreement. This Agreement constitutes the entire agreement between the City of Salinas and County of Monterey relating to the 2024 Local Solicitation JAG funds and as the final expression of the parties with respect to the included terms and conditions, and as a complete and exclusive statement of the terms and conditions of the agreement. The City of Salinas and County of Monterey acknowledge that any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force unless it is in writing and signed by the City of Salinas and County of Monterey.
15. Modifications. No amendments to or changes to this Agreement may be made, except by a writing expressly authorized and signed by the City of Salinas and County of Monterey.
16. Severability. It is the intent of the parties that in the event that any provision herein is held to be invalid, the remaining provisions shall continue in full force and effect unless enforcement of this Agreement so modified would frustrate the purposes of this Agreement.
17. 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.
IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City of Salinas and County of Monterey have executed this Agreement on the date first written above.
City of Salinas
__________________________________
René Mendez, City Manager
APPROVED AS TO FORM:
__________________________________
Christopher A. Callihan, City Attorney
ATTEST:
__________________________________
Patricia Barajas, City Clerk
County of Monterey
__________________________________
Sonia M. De La Rosa
County Administrative Officer
2024 Local Solicitation JAG Program Page 5 of 5
County-City MOU
APPROVED AS TO FORM:
__________________________________
________________, County Counsel
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
Washington, D.C. 20531
Name and Address of Recipient: CITY OF SALINAS
200 LINCOLN AVE
City, State and Zip: SALINAS, CA 93901
Recipient UEI: CHDWBL29G9Z5
Project Title: 2024 JAG for the City of Salinas
and County of Monterey Award Number: 15PBJA-24-GG-05174-JAGX Solicitation Title: BJA FY 24 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation Federal Award Amount: $74,970.00 Federal Award Date: 12/5/24 Awarding Agency: Office of Justice Programs
Bureau of Justice Assistance
Funding Instrument Type: Grant
Opportunity Category: O
Assistance Listing:
16.738 - Edward Byrne Memorial Justice Assistance Grant Program Project Period Start Date: 10/1/23 Project Period End Date: 9/30/27 Budget Period Start Date: 10/1/23 Budget Period End Date: 9/30/27 Project Description:
The disparate jurisdictions of the City of Salinas and County of Monterey will use JAG funds for technology supplies. Specifically, Salinas will use JAG funds to purchase automated license plate reader (LPR) camera systems to enhance capabilities to prevent, investigate, and solve crimes. Monterey County will use JAG funds to purchase new laptops and associated accessories for their Patrol Field Training Officers, as well as screen protectors for the CF33 tablets installed in Patrol vehicles.
Page: 1 of 23
Award Letter
December 5, 2024
Dear Danny Warner,
On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Justice Programs (OJP) has approved the application submitted by CITY OF SALINAS for an award under the funding opportunity entitled 2024 BJA FY 24 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation. The approved award amount is $74,970.
Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award Offer also includes any Other Award Documents.
Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by OJP, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award.
Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds.
Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date.
To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if you haven’t already completed the enrollment process in ASAP. The Entity Administrator should have already received an email from ASAP to initiate this process.
Congratulations, and we look forward to working with you.
Brent J. Cohen
Acting Assistant Attorney General
Office for Civil Rights Notice for All Recipients
The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) enforces federal civil rights laws and other provisions that prohibit discrimination by recipients of federal financial assistance from OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW).
Several civil rights laws, including Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance (recipients) to give assurances that they will comply with those laws. Taken together, these and other civil rights laws prohibit recipients from discriminating in the provision of services and employment because of race, color, national origin, religion, disability, and sex or from discriminating in the provision of services on the bases of age.
Some recipients of DOJ financial assistance have additional obligations to comply with other applicable nondiscrimination provisions like the Omnibus Crime Control and Safe Streets Act of 1968, which prohibits discrimination on the basis of religion in addition to race, color, national origin, and sex. Recipients may also have related requirements regarding the development and implementation of equal employment opportunity programs.
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OCR provides technical assistance, training, and other resources to help recipients comply with civil rights obligations.
Further, OCR administratively enforces civil rights laws and nondiscrimination provisions by investigating DOJ recipients that are the subject of discrimination complaints. In addition, OCR conducts compliance reviews of DOJ recipients based on regulatory criteria. These investigations and compliance reviews permit OCR to evaluate whether DOJ recipients are providing services to the public and engaging in employment practices in a nondiscriminatory manner.
For more information about OCR, your civil rights and nondiscrimination responsibilities, how to notify your employees or beneficiaries of their civil rights protections and responsibilities and how to file a complaint, as well as technical assistance, training, and other resources, please visit www.ojp.gov/program/civil-rights-office/outreach. If you would like OCR to assist you in fulfilling your civil rights or nondiscrimination responsibilities, please contact us at askOCR@o jp.usdoj.gov or www.ojp.gov/program/civil-rights-office/about#ocr-contacts.
Memorandum Regarding NEPA
NEPA Letter Type
OJP - Ongoing NEPA Compliance Incorporated into Further Developmental Stages NEPA Letter
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party.? Accordingly,?prior to obligating?funds for any of the specified activities, the grantee must first determine if any of the specified activities will be?funded by the grant. ?The specified activities requiring environmental analysis are:
a. New construction;
b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c.? A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or d.? Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an inciden e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories.
Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see https://www.bja.gov/Funding/nepa.html.
NEPA Coordinator
First Name
Orbin
Middle Name
no value
Last Name
Terry
Award Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.
Recipient Information
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Recipient Name
CITY OF SALINAS
UEI
CHDWBL29G9Z5
Street 1
200 LINCOLN AVE Street 2
City
SALINAS
State/U.S. Territory
California
Zip/Postal Code
93901
Country
United States
County/Parish
no value
Province
no value
Award Details
Federal Award Date
12/5/24
Award Type
Initial
Award Number
15PBJA-24-GG-05174-JAGX
Supplement Number
00 Federal Award Amount
$74,970.00
Funding Instrument Type
Grant
Assistance Listing
Number
Assistance Listings Program Title
16.738 Edward Byrne Memorial Justice Assistance Grant Program Statutory Authority
Pub. L. No. 90-351, Title I, Part E, subpart 1 (codified at 34 U.S.C. 10151-10158); see also 28 U.S.C. 530C(a). [X] I have read and understand the information presented in this section of the Federal Award Instrument.
Project Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.
Solicitation Title
2024 BJA FY 24 Edward Byrne Memorial Justice
Assistance Grant (JAG) Program - Local Solicitation
Application Number
GRANT14284444
Awarding Agency
OJP
Program Office
BJA
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Grant Manager
Letha Bell
Phone Number
202-702-8112
E-mail Address
[email protected]
Project Title
2024 JAG for the City of Salinas and County of Monterey Performance Period Start
Date
10/01/2023
Performance Period End Date
09/30/2027
Budget Period Start Date
10/01/2023
Budget Period End Date
09/30/2027
Project Description
The disparate jurisdictions of the City of Salinas and County of Monterey will use JAG funds for technology supplies. Specifically, Salinas will use JAG funds to purchase automated license plate reader (LPR) camera systems to enhance capabilities to prevent, investigate, and solve crimes. Monterey County will use JAG funds to purchase new laptops and associated accessories for their Patrol Field Training Officers, as well as screen protectors for the CF33 tablets installed in Patrol vehicles. [X] I have read and understand the information presented in this section of the Federal Award Instrument.
Financial Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. [X] I have read and understand the information presented in this section of the Federal Award Instrument.
Award Conditions
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.
Condition 1
Meaningful access requirement for individuals with limited English proficiency The recipient, and any subrecipient at any tier, must take reasonable steps to ensure that individuals with limited English proficiency (LEP) have meaningful access to their programs and activities to comply with Title VI of the Civil Rights Act of 1964 (Title VI), which prohibits discrimination on the basis of national origin, including discrimination against individuals with LEP. Such steps may require providing language assistance services, such as interpretation or translation services. The Department of Justice guidance on compliance with this requirement may be found at "Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons" (67 Fed. Reg. 41455-41472) (https:// www.federalregister.gov/d/02-15207) and is incorporated by reference here.
Condition 2
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Compliance with general appropriations-law restrictions on the use of federal funds (FY 2024) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions that may be set out in applicable appropriations acts are indicated at https://ojp.gov/funding/Explore/FY24AppropriationsRestrictions.htm, and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.
Condition 3
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38.
Among other things, 28 C.F.R. Part 38 states that recipients may not use direct Federal financial assistance from the Department to support or engage in any explicitly religious activities except when consistent with the Establishment Clause of the First Amendment and any other applicable requirements. An organization receiving Federal financial assistance also may not, in providing services funded by the Department of Justice, or in their outreach activities related to such services, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice.
Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. In addition, Part 38 states that a faith-based organization that participates a Department of Justice funded program retains its independence from the Government and may continue to carry out its mission consistent with religious freedom and conscience protections in Federal law.
Recipients and subrecipients that provide social services under this award must give written notice to beneficiaries and prospective beneficiaries prior to the provision of services (if practicable) which shall include language substantially similar to the language in 28 CFR Part 38, Appendix C, sections (1) through (4). A sample written notice may be found at https://www.ojp.gov/program/civil-rights-office/partnerships-faith-based-and-other-neighborhood-organizations.
In certain instances, a faith-based or religious organization may be able to take religion into account when making hiring decisions, provided it satisfies certain requirements. For more information, please see https://www.ojp.gov/ funding/explore/legaloverview2024/civilrightsrequirements.
Condition 4
Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award.
Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices:
Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award.
By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance.
Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may Page: 6 of 23
result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award.
Condition 5
Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards.
Condition 6
Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this award from OJP.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334.
In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.
Condition 7
Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).
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Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
Condition 8
Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.
Condition 9
Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").
Condition 10
Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.
Condition 11
Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.
Condition 12
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program.
Among other items, 28 C.F.R. § 42.106(d), 28 C.F.R. § 42.405(c), and 28 C.F.R. § 42.505(f) contain notice requirements that covered recipients must follow regarding the dissemination of information regarding federal nondiscrimination requirements.
Condition 13
Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a Page: 8 of 23
subrecipient at any tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status.
The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here.
Condition 14
Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at [email protected]. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.
Condition 15
Employment eligibility verification for hiring under the award
1. The recipient (and any subrecipient at any tier) must-- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).
B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both--
(1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens.
C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1).
D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.
4. Rules of construction
A. Staff involved in the hiring process
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For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds.
C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at [email protected]. E-Verify employer agents can email E-Verify at E[email protected].
Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.
Condition 16
Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.
Condition 17
Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements.
Condition 18
Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information.
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The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information.
1. In accepting this award, the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
Condition 19
OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees.
Condition 20
Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract Page: 11 of 23
(if contract would exceed $250,000)), and are incorporated by reference here.
Condition 21
Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding.
Condition 22
Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2021, will satisfy this condition.
In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after January 1, 2021, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award.
Condition 23
Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
Condition 24
Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient.
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The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.
Condition 25
Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "highrisk" for purposes of the DOJ high-risk grantee list.
Condition 26
Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.
Condition 27
Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (firsttier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).
Condition 28
Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards Consistent with Executive Order 14074, “Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety,” OJP has prohibited the use of federal funds under this award for purchases or transfers of specified equipment by law enforcement agencies. In addition, OJP requires the recipient, and any subrecipient (“subgrantee”) at any tier, to put in place specified controls prior to using federal funds under this award to acquire or transfer any property identified on the “controlled equipment” list. The details of the requirement are posted on the OJP web site at https://www.ojp.gov/funding/explore/prohibited-and-controlled-equipment (Award condition:
Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards), and are incorporated by reference here.
Condition 29
Restrictions on "lobbying"
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In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.
Condition 30
All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/ funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here.
Condition 31
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." Among other items, 28 C.F.R. § 54.140 contains notice requirements that covered recipients must follow regarding the dissemination of information regarding federal nondiscrimination requirements.
Condition 32
The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority.
Condition 33
Verification and updating of recipient contact information The recipient must verify its Grant Award Administrator, Financial Manager, and Authorized Representative contact information in JustGrants, including telephone number and e-mail address. If any information is incorrect or has changed, the award recipient’s Entity Administrator must make changes to contact information through DIAMD.
Instructions on how to update contact information in JustGrants can be found at https://justicegrants.usdoj.gov/training/ training-entity-management.
Condition 34
FFATA reporting: Subawards and executive compensation
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The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).
Condition 35
Body-worn cameras, policies and procedures
In accepting this award, the recipient agrees not to use award funds for purchases of body-worn cameras or related expenses for any agency unless that agency has policies and procedures in place that reinforce appropriate agency Use of Force policies and training and address technology usage, evidence acquisition, data storage and retention, as well as privacy issues, accountability and discipline.
Condition 36
Body armor - compliance with NIJ standards and other requirements Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards, and is listed on the NIJ Compliant Body Armor Model List. In addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information and the NIJ Compliant Body Armor List may be found by following the links located on the NIJ Body Armor page: https://nij.ojp.gov/ topics/equipment-and-technology/body-armor. In addition, if recipient uses funds under this award to purchase body armor, the recipient is strongly encouraged to have a "mandatory wear" policy in effect. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty.
Condition 37
The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents.
Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds; referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s).
Condition 38
Any written, visual, or audio publications funded in whole or in part under this award, with the exception of press releases, shall contain the following statements: "This project was supported by Grant No. <AWARD_NUMBER> awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." The current edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities.
Condition 39
Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to Page: 15 of 23
interior content), and on any pages from which a visitor may access or use a Web-based service, including any pages that provide results or outputs from the service: "This Web site is funded in whole or in part through a grant from the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement.
Condition 40
Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.
Condition 41
The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project.
Condition 42
Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.
Condition 43
Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds.
Condition 44
The recipient agrees that no funds under this grant award (including via subcontract or subaward, at any tier) may be used for unmanned aircraft systems (UAS), which includes unmanned aircraft vehicles (UAV), or for any accompanying accessories to support UAS.
Condition 45
Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds.
Condition 46
Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gov/ gsp_grantcondition.
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The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended.
Condition 47
Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award.
Condition 48
In accepting this award, the recipient agrees that grant funds cannot be used for Facial Recognition Technology (FRT) unless the recipient has policies and procedures in place to ensure that the FRT will be utilized in an appropriate and responsible manner that promotes public safety, and protects privacy, civil rights, and civil liberties and complies with all applicable provisions of the U.S. Constitution, including the Fourth Amendment’s protection against unreasonable searches and seizures and the First Amendment’s freedom of association and speech, as well as other laws and regulations. Recipients utilizing funds for FRT must make such policies and procedures available to DOJ upon request.
Condition 49
Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system.
Condition 50
Law enforcement task forces - required training
Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement.
The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates.
Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org).
Condition 51
Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient.
Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA.
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The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity.
Condition 52
Establishment of trust fund
If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout.
Condition 53
All State and Local JAG recipients must submit quarterly Federal Financial Reports (SF-425). Additionally, State JAG and Local JAG Category Two ($25K or more) must submit semi-annual performance reports through JustGrants and Local JAG Category One (Less than $25K) must submit annual performance reports through JustGrants. Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website: https:// bjapmt.ojp.gov/. For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage (https://bjapmt.ojp.gov/help/jagdocs.html). Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation.
Condition 54
Required data on law enforcement agency training
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Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, deescalation of conflict, and constructive engagement with the public.
Condition 55
Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2022 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2022), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum- - (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via an Award Condition Modification (ACM)). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.)
Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "atrisk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through an Award Condition Modification (ACM), the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award.
Condition 56
If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. With the exception of Forensic Genetic Genealogy, no profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Booking agencies should work with their state CODIS agency to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA Booking Operational Procedures Manual).
Condition 57
Recipients utilizing award funds for forensic genealogy testing must adhere to the United States Department of Justice Interim Policy Forensic Genealogical DNA Analysis and Searching (https://www.justice.gov/olp/page/file/1204386/ download), and must collect and report the metrics identified in Section IX of that document to BJA.
Condition 58
Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICSrelevant "eligible records".
In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition.
Condition 59
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Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program.
Condition 60
Extreme risk protection programs funded by JAG must include, at a minimum: pre-deprivation and post-deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses; the right to be represented by counsel at no expense to the government; pre-deprivation and post-deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant in Federal court or promulgated by the State's evidentiary body, and sufficient to ensure the full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of the program.
Condition 61
Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order.
Condition 62
Exceptions regarding Prohibited and Controlled Equipment under OJP awards Notwithstanding any provision to the contrary in the other terms and conditions of this award, including in the condition regarding "Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards," the requirements for the “Transfer/Sale of Award-Funded Controlled Equipment to Other LEAs” and the requirements for the “Transfer/Sale of Award-Funded Controlled Equipment to NON-LEAs” do not apply to this award.
Condition 63
Use of program income
Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425.
Condition 64
Initial period of performance; requests for extension.
The recipient understands that for award amounts of less than $25,000 under JAG (Category 1), the initial period of performance of the award is two years. The recipient further understands that any requests for an extension of the period of performance for an award of less than $25,000 will be approved automatically for up to a total of two additional years, pursuant to 34 U.S.C. 10152(f) and in accordance with the program solicitation associated with this award.
Any request for an extension of the period of performance beyond a four-year award period will require approval, and the approval (if any) will be at the discretion of the Director of BJA.
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Condition 65
Withholding of funds for Required certification from the chief executive of the applicant government The recipient may not expend or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government," properly-executed (as determined by OJP), and an Award Condition Modification has been issued to remove this condition.
Condition 66
Withholding of funds for Memorandum of Understanding
The recipient may not expend or draw down any award funds until OJP has reviewed and approved the Memorandum of Understanding (MOU), and an Award Condition Modification has been issued to remove this condition.
Condition 67
NEPA Environmental Assessment - Withholding
The recipient agrees not to expend or draw down any award funds until the program office has verified that the recipient has submitted all necessary documentation required to comply with the Department of Justice Procedures for Implementing the National Environmental Policy Act found at 28 CFR Part 61 and an Award Condition Modification (ACM) has been issued removing this condition.
Condition 68
The recipient agrees to comply with all Federal, State, and local environmental laws and regulations applicable to the development and implementation of the activities to be funded under this award.
Environmental Assessment (EA): The recipient agrees and understands that funded activities (whether conducted by the recipient or subrecipients or contractors) may require the preparation of an EA as defined by the Council on Environmental Quality's Regulations for implementing the Procedural Provisions of the National Environmental Policy Act (NEPA), found at 40 CFR Part 1500. An EA is a concise public document that briefly provides sufficient analysis for determining whether to prepare an environmental impact statement (EIS) or a finding of no significant impact for the proposed activity. If in completing an EA for a proposed activity, potential adverse environmental impacts are identified, the EA will serve as a vehicle for developing either alternative approaches or mitigation measures for avoiding or reducing the identified adverse environmental impacts.
Modifications: Throughout the term of this award, the recipient agrees that for any activity that is the subject of a completed EA, it will inform BJA of-- (1) any change(s) that it is considering making to the previously assessed activity that may be relevant to environmental impact; or (2) any proposed new activities or changed circumstances that may require assessment as to environmental impact, such as new activities that involve the use of chemicals or involve construction or major renovation. The recipient will not implement a proposed change or new activity until BJA, with the assistance of the recipient, has determined whether the proposed change or activity (or changed circumstances) will require additional review under NEPA. Approval for implementation will not be unreasonably withheld as long as any requested modification(s) is consistent with eligible program purposes and found acceptable under a BJA-conducted environmental impact review process.
[X] I have read and understand the information presented in this section of the Federal Award Instrument.
Award Acceptance
Declaration and Certification to the U.S. Department of Justice as to Acceptance By checking the declaration and certification box below, I-- A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this declaration and certification on behalf of the applicant.
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B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance: (1) I have conducted or there was conducted (including by applicant’s legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) I have the legal authority to accept this award on behalf of the applicant.
C. Accept this award on behalf of the applicant.
D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) I understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) I understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise.
Agency Approval
Title of Approving Official
Acting Assistant Attorney General
Name of Approving Official
Brent J. Cohen
Signed Date And Time
12/2/24 11:43 AM
Authorized Representative
[X]
Entity Acceptance
Title of Authorized Entity Official
Police Chief
Name of Authorized Entity Official
Carlos Acosta
Signed Date And Time
1/2/2025 4:05 PM
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City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#25-260, Version: 1
Notice of Withdrawal Guidelines
Approve a Resolution establishing a set of Notice of Withdrawal Guidelines for incidents occurring at facilities managed by the Library & Community Services Department; and authorizing the City Manager to make subsequent updates to the Notice of Withdrawal Guidelines as necessary.
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: JULY 1, 2025
DEPARTMENT: LIBRARY & COMMUNITY SERVICES
FROM: KRISTAN LUNDQUIST, DIRECTOR
TITLE: NOTICE OF WITHDRAWAL GUIDELINES
RECOMMENDED MOTION:
A motion to approve a resolution:
1) Establishing a set of Notice of Withdrawal Guidelines for incidents occurring at facilities managed by the Library & Community Services Department; and 2) Authorizing the City Manager to make subsequent updates to the Notice of Withdrawal Guidelines as necessary.
EXECUTIVE SUMMARY:
Library & Community Services (LCS) provides direct service to residents in City libraries and recreation centers. Staff is required to enforce facility rules and regulations and from time to time, this involves interactions with residents who are non-compliant, or belligerent and in some cases experiencing mental health crises or the results of substance abuse. This can result in various types of interactions that are unpleasant and/or pose a potential safety issue. In an effort to establish clear consequences for different types of actions occurring in LCS facilities, staff recommend the Notice of Withdrawal Guidelines.
BACKGROUND:
In May of 1983 the City Council adopted Resolution No. 11475 relating to withdrawal of consent to remain on facilities owned by the City of Salinas. This resolution gives the City Manager or designee the authority to withdraw consent for an individual to remain on the facility whenever there is a reasonable cause to believe that such person has willfully disrupted the orderly operation of such facility. The resolution also outlines the process by which consent is withdrawn and indicates what interval is appropriate. It indicates that in no case shall the consent be withdrawn for longer than 60 days for the first offense, 120 days for a second offense within a year and 180 days for a third offense within a year.
The Library & Community Services Department has established Rules of Conduct for its libraries and recreation facilities. The Department serves all residents regardless of socio-economic Page | 2
background, gender, sexual orientation, religious affiliation, race and ethnicity. Our spaces need to be safe for patrons and staff alike. While we promote equal access, when a patron or user does not comply with and follow our Rules of Conduct, staff needs a mechanism to address this. On some occasions, a ban is required in order to remove a threat, establish boundaries and enforce the Rules of Conduct. While the 1983 Resolution provides a mechanism to do this, times are different now and the types of incidents staff must deal with are more challenging and require more specific consequences.
Given several incidents over the last year, library staff were provided training from Safer Libraries.
This training provided an overview of the many types of incidents that occur in libraries along with best practices for de-escalation and conflict resolution. Rick Jenkins with Safer Libraries is employed by the City of Seattle Public Library as a security officer. He shared his experiences and talked about the various established consequences for rule violations within his library system.
Following the Safer Libraries Training, staff reviewed the Seattle Public Library and San Francisco Public Library policies for banning patrons. Staff also reviewed the number of bans issued by the Department over the last 5 years. Since 2021, 16 bans have been issued. The highest number in any one year was 7, occurring in 2024.
This item was scheduled to be presented to the Library & Community Services Commission on June 11, 2025. Unfortunately, this meeting was cancelled due to a lack of quorum. At this time, staff is recommending that the City Council adopt the draft Notice of Withdrawal Guidelines modeled after the Seattle Public Library Length of Exclusion Guidelines. Bans of 30-days or more will require a similar process and City Manager approval as outlined in the 1983 Resolution.
CEQA CONSIDERATION:
Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
CALIFORNIA GOVERNMENT CODE §84308 APPLIES:
No
STRATEGIC PLAN INITIATIVE:
This action supports the city Council goal of Public Safety and Youth and Seniors.
DEPARTMENTAL COORDINATION:
The Library & Community Services Department has coordinated with the City Manager’s Office, City Attorney’s Office and Human Resources on this item.
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FISCAL AND SUSTAINABILITY IMPACT:
Fund Appropriation Appropriation
Name
Total
Appropriation
Amount for
recommendation
FY 24-25
Operating
Budget Page
Last Budget
Action (Date,
Resolution)*
NA NA NA NA NA NA NA
* The FY 24-25 Adopted Budget was adopted on June 11, 2024 ATTACHMENTS:
Resolution No. 11475
Resolution
Draft Notice of Withdrawal Guidelines
1 RESOLUTION NO. (N.C.S.)
A RESOLUTION ESTABLISHING NOTICE OF WITHDRAWAL GUIDELINES FOR
FACILITIES MANAGED BY THE LIBRARY AND COMMUNITY SERVICES
DEPARTMENT
WHEREAS, the City of Salinas owns facilities which are open to the public; and WHEREAS, while the vast majority of persons who use the City facilities are law-abiding, use the facilities for the purposes intended and respect the rights of other to use those facilities, there are a small minority of persons who misuse the facilities or who are generally disruptive in their use of facilities; and
WHEREAS, to address those instances where a group or an individual misuses City facilities or are generally disruptive in their use of City facilities, in 1983, the City Council approved Resolution No. 11475 (N.C.S.) relating to withdrawal of consent to remain on City facilities owned by the City; and
WHEREAS, the Library and Community Services Department manages a number of facilities throughout the city which are open to users on a daily basis; and WHEREAS, from time-to-time users of facilities managed by the Library and Community Services Department misuse the facilities and/or create general disruptions which negatively affect other users of the facilities; and
WHEREAS, to address such instances at the facilities managed by the Library and Community Services Department, the City Council finds it necessary to establish guidelines for the withdrawal of consent for use of the facilities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Salinas, as follows:
SECTION 1.
A. The City of Salinas, Library and Community Services Notice of Withdrawal Guidelines attached hereto as Attachment A are hereby approved.
B. The City Manager and his/her designee are hereby authorized to enforce the Notice of Withdrawal Guidelines by notifying a person that consent to remain on the facility has been withdrawn whenever they have made a determination that such person has willfully disrupted the orderly operation of such facility. Such determination shall be documented in writing with a copy of such determination either hand-delivered or mailed to the person subject to the withdrawal of consent, if the person’s name and address are known.
C. Whenever consent is withdrawn for thirty (30) days or more, the person from whom consent has been withdrawn may submit a written request for a hearing on the 2 withdrawal. Such request must be submitted in writing to the Library and Community Services Director, on a form provided by the City, within five (5) calendar days from the time consent was withdrawn. The City Manager shall grant such a hearing no later than five (5) days from the date of receipt of such request and shall cause written notice of the time, location, and date of such hearing to the person making the request.
D. Any person whose consent to use a facility has been withdrawn pursuant to this Resolution, who has not had such consent reinstated, and who willfully and knowingly enters or remains upon such facility during the period for which consent has been withdrawn, is guilty of an infraction and shall be subject to prosecution pursuant to the Salinas Municipal Code. This Paragraph D does not apply to any person who enters or remains on such facility for the sole purpose of applying to the City Manager for the reinstatement of consent or for the sole purpose of attending a hearing on the withdrawal.
E. The City Manager is hereby authorized to update the Notice of Withdrawal Guidelines as he/she determines necessary.
SECTION 2.
All resolutions and parts of resolutions in conflict herewith are hereby repealed as of the effective date of this Resolution and shall not be effective with respect to facilities managed by the Library and Community Services Department.
PASSED AND APPROVED this 1
st day of July, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
________________________
Dennis Donohue, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
City of Salinas, Library & Community Services
Notice of Withdrawal Guidelines
Duration 1st Offense 2
nd Offense* 3rd Offense* Rule Violation Type
Category A (Library Specific Violations)
Warning 7 days 30 days Failure to comply with a reasonable staff request Warning 3 days 30 days Disruptive behavior
Warning 3 days 7 days Sleeping or lying down
Warning 3 days 7 days Smoking or vaping/tobacco use on property Warning 3 days 7 days Soliciting or conducting survey
Warning 3 days 30 days Camping
Category B (Serious Library Specific Violations)
60 days 90 days 1 year Returned during active exclusion 60 days 90 days 1 year Harassment (discriminatory, obscene, profanity) 60 days 90 days 1 year Restroom misuse
60 days 90 days 1 year Remain on property following Notice of Withdrawal (i.e. refuse to leave) Category C (Drug or alcohol possession or use)
90 days 180 days 1 year Alcohol possession or signs of influence 90 days 180 days 1 year Drug activity – signs of influence Category D (Violation toward person(s) or property)
180 days 1 year 1 year Threat or intimidation of others 180 days 1 year 1 year Property damage – library property 180 days 1 year 1 year Property damage – personal property Category E (serious violation toward person(s) or property 1 year 1 year 1 year Assault/fighting
1 year 1 year 1 year Bomb threat
1 year 1 year 1 year Drug possession, sale or use
1 year 1 year 1 year Indecent exposure or lewd act
1 year 1 year 1 year Malicious fire alarm activity
1 year 1 year 1 year Robbery
Notice of Withdrawal Guidelines, Continued
DRAFT
Duration 1st Offense 2
nd Offense* 3rd Offense* Rule Violation Type
Category E (serious violation toward person(s) or property) 180 days 1 year 1 year Theft of library property over $250 180 days 1 year 1 year Theft – personal property
1 year 1 year 1 year Threat against staff or patrons
60 days 90 days 1 year Trespass in non-public (staff only) area 1 year 1 year 1 year Carrying firearms or weapons
*Means second (or third) violation of the same rule within a one-year period ***Multiple Notices of Exclusion must be served consecutively, not concurrently RESOLUTION NO. 11475 ( N. C. S)
A RESOLUTION OF THE CITY COUNCIL
RELATING TO WITHDRAWAL OF CONSENT TO
REMAIN ON FACILITIES OWNED BY THE
CITY OF SALINAS
WHEREAS, the City of Salinas owns facilities which are
open to the public; and
WHEREAS, while the vast majority of persons who use the City facilities are law- abiding, use the facilities for the purposes intended and respect the rights of others to use those facilities, there are a small minority of persons who misuse the facilities or who disrespect the rights of others or who are generally disruptive in their use of the facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALINAS that the City Council hereby adopts the following rules relating to the withdrawal of consent to remain on a City facility;
A. The City Manager, or an officer or employee designated by him to maintain order on a facility owned or operated by the City of Salinas, may notify a person that consent to remain on the facility has been withdrawn whenever there is reasonable cause to believe that such person has willfully disrupted the orderly operation of such facility.
B. Whenever consent is withdrawn by any authorized officer or employee other than than the City Manager, such officer or employee shall, as soon as is reasonably possible, submit a written report to the City Manager. Such report shall contain all of the following:
1) The description of the person from whom consent
was withdrawn, including, if available, the person' s name, address, and phone number.
2) A statement of the facts giving rise to the withdrawal of consent.
If the City Manager, or, in his absence, a person designated by him for this purpose, upon reviewing the report, finds that there was reasonable cause to believe that such person has willfully disrupted the orderly operation of the facility, he may enter written confirmation upon the report of the action taken by the officer or employee. If the City Manager or, in his absence, the person designated by him, does not confirm the action of the officer or employee within forty- eight ( 48) hours after the time that consent was withdrawn, the action of the officer or employee shall be deemed void and of no force or effect, except that any arrest made during such period shall not for this reason be deemed not to -have been made for probable cause.
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C. Consent shall be reinstated by the City Manager whenever he has reason' to believe that the presence of the person from whom consent was withdrawn willnot constitute a substantial and material threat to the orderly operation of the facility.
In no case shall consent be withdrawn for longer than sixty ( 60) days from the date upon which consent was intially withdrawn for the first offense, 120 days for a second offense within a year and 180 days for a third and subsequent offense within a year.
The person from whom consent has been withdrawn may submit a written request for a hearing on the withdrawal within two weeks from the time consent was withdrawn. Such written request shall state the address to which notice of hearing is to be sent. The City Manager shall grant such a hearing not later than seven days from the date of receipt of such request and shall immediately mail a written notice of the time, place, and date of such hearing to such person.
D. Any person who has been notified by the City Manager or by an officer or employee designated by the City Manager to maintain order on such facility, that consent to remain on the facility has been withdrawn pursuant to subdivision ( A); who has not had such consent reinstated; and who willfully and knowingly enters or remains upon such facility during the period for which consent has been withdrawn is guilty of an infraction.
This subdivision does not apply to any person who enters or remains on such facility for the sole purpose of applying to the City Manager for the reinstatement of consent or for the sole purpose of attending a hearing on the withdrawal.
E. This resolution shall not affect the rights of representatives of employee organizations to enter, or remain upon, such facilities while actually engaged in activities related to representation, as may be permitted by any rule or regulation of the City or as contained in any applicable memorandum of understanding.
PASSED AND ADOPTED this 24th day of May , 1983
by the following vote:
AYES: Councilmen Jim Collins, Paul D. Grennan, Russell Jeffries, Bill O' Brien, Mayor James B. Barnes
NOES: None
ABSENT: None
ATTEST:
I
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City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#25-263, Version: 1
Approval of Agreements for Occupational Medicine Services Approve a Resolution authorizing the City Manager to execute agreements with Agile Occupational Medicine and ProActive Work Health Services for provision of occupational medical services from August 1, 2025 to June 30, 2027 in an amount not to exceed $90,000 per agreement.
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: JULY 1, 2025
DEPARTMENT: HUMAN RESOURCES
FROM: MARINA HORTA-GALLEGOS, HUMAN RESOURCES DIRECTOR
BY: VENISSA ROSA, RISK & BENEFITS ANALYST
TITLE: APPROVAL OF AGREEMENTS FOR OCCUPATIONAL
MEDICINE SERVICES
RECOMMENDED MOTION:
A motion to approve a Resolution delegating authority to the City Manager to execute contracts with Agile Occupational Medicine (“Agile”) and ProActive Work Health Services (“ProActive”) for provision of occupational medical services from August 1, 2025 to June 30, 2027 in an amount not to exceed $90,000 per contract.
BACKGROUND:
Occupational medical services are a critical component of the City of Salinas health and safety programs. These services include evaluation and treatment of job-related injuries and illnesses, fitfor-duty examinations, drug and alcohol testing, Department of Motor Vehicles (DMV) commercial driver physicals, pre-employment physicals (including physicals for Police Officers compliant with the Commission on Peace Officer Standards and Training (POST)), tuberculosis (TB) screening, and other related employment requirements.
Beginning in 2007, the City utilized the services of Pinnacle HealthCare (“Pinnacle”). In 2023 Pinnacle merged with Agile Occupational Medicine and consolidated under the Agile name. No new contract was executed at that time and services continued based on the legacy agreement with Pinnacle. In order to align contracts with current City standards, the Human Resources Department issued a formal Request for Proposals (RFP) for occupational medical services in early 2025.
Submitted proposals were reviewed by a committee consisting of Human Resources, Fire Department, and Library and Community Services Department staff who either routinely work with existing medical service providers or have experience participating in an occupational medicine RFP process. Proposals were evaluated on provider qualifications, service capacity, clinic locations, and references from local agencies. Following proposal evaluation, site tours and interviews were also conducted with prospective clinics. After evaluation the two providers were selected for contract award:
Agile Occupational Medicine is a large provider with 15 locations throughout northern and central California, including two Salinas locations. Agile offers several in-house services Page | 2
such as physical therapy, drug and alcohol testing, acupuncture, vaccinations, x-rays, and DOT physicals. Their size, availability of on-site services, and convenient locations make Agile the city’s primary provider for occupational medical services. ProActive Work Health Services is a newly established provider in Salinas, managed by the former clinic manager of Pinnacle who is familiar with the City’s services needs and protocols. Their single Salinas location provides workers’ compensation evaluations, preemployment physicals, vaccinations, and drug and alcohol testing. While ProActive’s current size and in-house service offerings are more limited than Agile’s, ProActive coordinates with outside facilities to ensure access to services that they do not currently offer on-site. This includes partnerships to fulfill imaging, specialty evaluations, and other medically necessary services, allowing for a high level of care while they continue to develop and expand their in-house abilities. The City will make ProActive available as an alternate option, allowing injured workers to choose their preferred provider.
Staff recommends that both contracts begin on August 1, 2025 and continue through June 30, 2027, concurrently. This allows for flexibility for the duration of the contracts and improved employee experience and access to care.
CEQA CONSIDERATION:
Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
GOVERNMENT CODE SECTION 84308 APPLIES:
No, as these contracts were competitively bid.
STRATEGIC PLAN INITIATIVE:
This item relates to the City Council’s Strategic Goal of providing effective and culturally responsible government.
DEPARTMENTAL COORDINATION:
The Human Resources Department led the RFP process and worked with the Fire Department, and Library and Community Services Department to evaluate responses. The providers will work closely with the City’s Workers’ Compensation Third Party Administrator, CorVel, and City departments to coordinate care.
FISCAL AND SUSTAINABILITY IMPACT:
The costs associated with this contract are covered by an established Internal Services Insurances Fund. Each contract is not to exceed $90,000 over the two-year term, with services billed in accordance with each provider’s submitted fee schedule. There are no fee increases during the term of either contract.
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Fund Appropriation Appropriation
Name
Total
Appropriation
Amount for
recommendation
FY 25-26
Operating
Budget Page
Last Budget
Action (Date,
Resolution)*
7102 64.4530 Biennial Physicals $5,000 $5,000 175 6/17/25, 23269 7102 64.4550 Employee Physicals $20,000 $20,000 175 6/17/25, 23269 7102 64.4560 DMV & Immunizations $10,000 $10,000 175 6/17/25, 23269 7102 64.4570 DOT Testing $10,000 $10,000 175 6/17/25, 23269 7103 64.4600 Workers Comp Claims $5,000,000 $45,000 175 6/17/25, 23269 * The FY 2025-26 Adopted Budget was adopted on June 17, 2025.
ATTACHMENTS:
Resolution
Professional Services Agreement – Agile Occupational Medicine Professional Services Agreement – Proactive Work Health Services Page | 1
RESOLUTION NO. (N.C.S.)
A RESOLUTION TO ENTER INTO PROFESSIONAL SERVICES AGREEMENTS FOR
OCCUPATIONAL MEDICAL SERVICES
WHEREAS, The City of Salinas desires occupational medical services to provide workers’ compensation treatment, pre-employment physicals, drug and alcohol screening, DOT collection services, vaccinations, fitness-for-duty exams, and other employment-related medical services; and
WHEREAS, the City issued a Request for Proposals for occupational medical services in early 2025 to ensure quality service and alignment with City needs and requirements; and WHEREAS, based on review and evaluation of the proposals received, Agile Occupational Medicine and ProActive Work Health Services were determined to be qualified and competent providers; and
WHEREAS, the City desires to enter into a two-year agreement with each provider, from August 1, 2025 through June 30, 2027; and
WHEREAS, the contracts will be funded through the City’s Internal Services Fund, with a not-to-exceed amount of $90,000 per provider over the contract term; NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council hereby authorizes the two separate two-year agreements with Agile Occupational Medicine and ProActive Work Health Services for occupational medicine services; and BE IT FURTHER RESOLVED that the Salinas City Council hereby authorizes the City Manager to execute the agreements between the City of Salinas and Agile Occupational Medicine and the City of Salinas and ProActive Work Health Services each in a total amount not to exceed $90,000.
PASSED AND APPROVED this 1st day of July, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_______________________
Dennis Donohue, Mayor
Page | 2
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
Form: Professional Services Agreement v. July 2024 Page 1 of 16
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SALINAS AND AGILE OCCUPATIONAL MEDICINE
This Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this 1
st day of August, 2025, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and Agile Occupational Medicine (hereinafter “Provider”).
RECITALS
WHEREAS, Provider 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, Provider is willing to render such professional services, as hereinafter defined, on the following terms and conditions.
NOW, THEREFORE, City and Provider agree as follows:
TERMS
1. Scope of Service. The project contemplated and the scope of Provider’s services are described in Exhibit B, attached hereto and incorporated herein by reference.
2. Term; Completion Schedule. This Agreement shall commence on August 1, 2025, and shall terminate on June 30, 2027, 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 Provider for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation of Exhibit B. The total amount of compensation to be paid under this Agreement shall not exceed $90,000.
4. Billing. Provider 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, Provider shall not bill City for duplicate services performed by more than one person. Provider’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; and
(C) A brief description of any costs incurred;
Any such invoices shall be in full accord with any and all applicable provisions of this Agreement.