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HomeMy WebLinkAbout2020-09-22; City Council; Resolution 2020-193RESOLUTION NO. 2020-193 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING THE PROPOSALS RECEIVED, AUTHORIZING AWARD OF A DESIGN-BUILD CONTRACT TO BARNHART-REESE CONSTRUCTION, INC. TO PROVIDE DESIGN-BUILD SERVICES FOR THE FIRE STATION NO. 2 REPLACEMENT PROJECT, CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT NO. 4060 (PROJECT), FOR AN AMOUNT NOT TO EXCEED $11,222,472, AUTHORIZING ADDITIONAL APPROPRIATION IN AN AMOUNT OF $1,433,883, AND DENYING AMG & ASSOCIATES, INC.'S APPEAL. WHEREAS, in November 2016, City of Carlsbad voters approved Measure 0 to rebuild Fire Station No. 2; and WHEREAS, City Council has appropriated a total of $13,000,000 from the General Capital Construction Fund for the Project by adopting Resolutions No. 2016-130, 2017-108, 2018-093 and 2019-092 approving the CIP for fiscal years (FY) 2016-17 ($50,000), FY 2017-18 ($1,000,000), FY 2018- 19 ($9,500,000) and FY 2019-20 ($2,450,000), respectively; and WHEREAS, on Feb. 19, 2020, the Planning Commission adopted Resolution No. 7360, approving the conditional use permit, special use permit and variance required for the new fire station, and Resolution No. 7361 approving the conditional use permit and coastal development permit for the temporary fire station in the Carlsbad City Library parking lot on Dove Lane; and WHEREAS, on April 21, 2020, City Council adopted Resolution No. 2020-065 approving the preliminary design plans and specifications and authorizing the city clerk to advertise for a design-build proposal solicitation; and WHEREAS, on April 22, 2020, in accordance with California Municipal Code (CMC) Section 3.28.085, staff posted a Request for Qualifications (RFQ) on the city website for solicitation of qualifications from prospective design-build firms and received four responses; and Sept. 22, 2020 Item #6 Page 6 of 174 WHEREAS, on June 19, 2020, in accordance with CMC Section 3.28.085, staff posted a Request for Proposals (RFP) on the city website for the four qualified design-build firms and subsequently received two proposals; and WHEREAS, staff has reviewed the RFP responses and found that Barnhart-Reese Construction, Inc. (BRC) submitted the lowest responsive and responsible proposal price for the Project in an amount of $11,222,472; and WHEREAS, the second lowest bidder, AMG & Associates, Inc., has filed an appeal letter objecting to the City's application of section 13.1.10.2 of the RFP in response to a mathematical error in the second lowest bidder's bid; and WHEREAS, staff has reviewed the appeal letter and the second lowest bidder's bid. The mathematical error directly affects the amount of its bid. Contrary to the principles described in the case of Ghilotti Construction Co. v. City of Richmond, 45 Cal.App.4th 897, the second lowest bidder would gain an unfair advantage over BRC if the City awarded the design-build contract to the second lowest bidder because the dollar amount of that bid, when calculated pursuant to section 13.1.10.2 of the RFP, is greater than the dollar amount of BRC's bid; and WHEREAS, applying section 13.1.10.2 of the RFP to resolve this ambiguity complies with the Legislature's intent in enacting the Public Contract Code as described in the case of Kajima/Ray Wilson v. Los Angeles County Metropolitan Transp. Authority, 23 Ca1.4th 305, 314; and WHEREAS, staff recommends that the bid appeal letter by the second lowest bidder be denied; and WHEREAS, an additional appropriation of $1,433,883 in funding is required and has been approved from the Infrastructure Replacement Fund and authorized for the Project; and Sept. 22, 2020 Item #6 Page 7 of 174 WHEREAS, CMC Sections 3.28.040(C)(5) and 3.28.090(B) authorize the city manager to approve change orders in an amount equal to the contingency set at the time of Project award ($1,122,247); and WHEREAS, on Feb. 19, 2020, the city planner reviewed the Project pursuant to the California Environmental Quality Act and the Environmental Protection Ordinance (Title 19) of the CMC and published a Notice of Intent to adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the bid appeal letter by the second low bidder (AMG & Associates, Inc.) is denied. 3. That the lowest proposal value of $11,222,472 submitted by BRC for the Project is accepted, and the mayor is hereby authorized to execute a design-build contract for the Project (attached as Attachment A). That the city manager or designee is hereby authorized to approve construction change orders up to the amount of $1,122,247 for the Project. 5. That the deputy city manager, administrative services, or designee, is hereby authorized and directed to appropriate additional funding from the Infrastructure Replacement Fund to the Project in the amount of $1,433,883. 6. That the city planner has reviewed the Project pursuant to the California Environmental Quality Act and the Environmental Protection Ordinance (Title 19) of the Carlsbad Sept. 22, 2020 Item #6 Page 8 of 174 Municipal Code and published a Notice of Intent to adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. 7. That the award of this contract is contingent upon BRC executing the required contract and submitting the required bonds and insurance policies as described in the contract, within 20 days of adoption of this Resolution. The city manager may grant reasonable extensions of time to execute the contract and assemble the required bonds and insurance policies. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 22nd day of September 2020, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. MATT HALL, Mayor — I P / erkr 60me2 Pepv clew- 00111111111111/111/4/ CA/i•z' BARBARA ENGLESON, City Clerk (SEAL) Sept. 22, 2020 Item #6 Page 9 of 174 ATTACHMENT A ATTACHMENT K CONTRACT WITH DESIGN-BUILD AGREEMENT, SUPPLEMENTAL CONDITIONS AND GENERAL PROVISIONS A TTACHED AS A SEPARATE DOCUMENT IN PLANET BIDS Sept. 22, 2020 Item #6 Page lel i_874 CITY OF CARLSBAD San Diego County, California CONTRACT DOCUMENTS FOR FIRE STATION NO. 2 REPLACEMENT AND TEMPORARY STATION CONTRACT NO. RFP20-1124FAC June 19, 2020 Sept. 22, 2020 Item #6 Page 11 of 174 PROJECT INFORMATION PROJECT NAME: Fire Station No. 2 Replacement and Temporary Station PROJECT NUMBER: 4060 PROJECT MANAGER: Name: Mr. Steven Stewart Address: 1635 Faraday Avenue, Carlsbad, CA 92008 Phone Number: 760-602-7543 Email: steven.stewart@carlsbadca.gov All questions or requests for information of a technical nature should be directed to the Project Manager. PROJECT INFORMATION -2 Fire Station No.2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item 1*6 Page 12 of 174 TABLE OF CONTENTS Item Page Notice Inviting Proposals 04 Instruction to Proposers 07 Proposal Form 20 Proposal Security Form 29 Proposal Bond Form 30 Proposed Subcontractors Form 32 Proposer Information Form 35 Certificate of Insurance 39 Statement Re Debarment 40 Disclosure of Discipline Record 41 Non-collusion Affidavit 43 Public Works Contractor Registration 44 Design Build Agreement Form 45 Labor and Materials Bond 61 Faithful Performance/Warranty Bond 64 Optional Escrow Agreement 67 General Provisions - Design Build 70 TABLE OF CONTENTS -3 Fire Station No.2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 13 of 174 NAME OF PROJECT: CONTRACT NO.: RECEIPT OF PROPOSALS: SCOPE OF WORK: NOTICE INVITING PROPOSALS Fire Station No. 2 Replacement and Temporary Station RFP20-1124FAC Until 4:00 PM on July 29, 2020, the City shall accept electronic proposals on the City of Carlsbad PlanetBids portal (https://www.planetbids.com/portal/portal.cfm?CompanyID=27970), for performing the work as follows: The project scope involves design and permitting for each station with separate sets of design drawings and technical project specifications. Drawings must be comprehensive in architectural and engineering detail, showing project site improvements, underground utilities, foundations for new construction, building envelope construction and interior construction details, all reflecting the character and design intent of the 20% design development bridging documents in Attachment B. Other project elements include: cooperation with city's consultant construction manager, site survey work; city permits; procurement of Sprung Structure and temporary station trailer, repackaging of Sprung Structure; disconnection of utilities and trailer assembly for transportation and transportation to another city site designated by the city's construction manager following use; Title 24 form completion and submission for each design; underground utility access via necessary trenching, connections thereto, disconnections therefrom and pavement replacement; restoration of temporary station site to pre-construction conditions; construction material re-use and waste monitoring to track recyclable content and disposal quantities; Best Management Practices (BMPs) and implementation of QA/QC and Safety protocols. Contractor to retain original Sprung Structure packaging for properly repackaging the structure following use and return to the city. The project also entails coordinating the design, construction and startup of newly installed systems with the city's construction manager and the city's Facilities Engineering and Information Technology Divisions. The Design-Build Contractor will also be responsible for the installation coordination of all systems furniture purchased and installed by the city under separate contract. LOCATION OF WORK: NOTICE INVITING PROPOSALS -4 Document Version: 1.0 Temporary station - 1775 Dove Lane, Carlsbad. Permanent station - 1906 Arenal Road, Carlsbad $10,543,173 425 calendar days from Notice to Proceed to Date of Substantial Completion $1,000 per consecutive calendar day, following date of Substantial Completion A pre-proposal/bid meeting will be held on July 1, 2020 at 10:00AM. The deadline for submitting requests for interpretations of the Contract Documents is July 24, 2020. Fire Station No. 2 Replacement and Temporary Station Current Update: June 19, 2020 Document Date: April 14, 2020 ENGINEER'S ESTIMATE: CONTRACT TIME: LIQUIDATED DAMAGES: PRE-PROPOSAL MEETING: QUESTION DEADLINE: Sept. 22, 2020 Item #6 Page 14 of 174 OBTAINING CONTRACT DOCUMENTS: Proposers may obtain a copy of the Contract Documents from City of Carlsbad PlanetBids portal (https://www.planetbids.com/portal/portal.cfm?CompanyID=27970). To the extent required by section 20103.7 of the Public Contract Code, upon request from a contractor plan room service, the City shall provide an electronic copy of the Contract Documents at no charge to the contractor plan room. It is the responsibility of each prospective Proposer to download and print all Proposal Documents for review and to verify the completeness of Proposal Documents before submitting a Proposal. All Addenda will be posted on PlanetBids. It is the responsibility of each prospective Proposer to check PlanetBids on a daily basis through the close of the bidding period for any applicable addenda. The City does not assume any liability or responsibility for any defective or incomplete copying, excerpting, scanning, faxing, downloading or printing of the Proposal Documents. Information on PlanetBids may change without notice to prospective Proposers. The Contract Documents shall supersede any information posted or transmitted by PlanetBids. No time extensions or other consideration will be given for non-receipt or other circumstance associated with the review or acquisition of Contract Documents. Proposals must be submitted on the City's Proposal Forms in the Contract Documents. PROPOSER QUALIFICATIONS: Proposers shall be a licensed contractor pursuant to sections 7000 et seq. of the Business and Professions Code under the classification of GENERAL ENGINEERING CONTRACTOR (CLASS A) as of the date of submittal of the Proposal Documents and shall maintain such license until final acceptance of the work. The Proposer shall have on its project team California licensed architects and engineers of relevant disciplines responsible for the design for the project. Additional qualifications are included in the Contract Documents. SELECTION PROCESS: The City is issuing this Request for Proposals to the short-listed Design-Build Contractors from a qualifications process. The City's established Nomination Panel will review the Proposals received and may interview each proposing Design-Build Contractor. The Panel will rank the Proposals based on the criteria in the City of Carlsbad Municipal Code, Title 3 Revenue and Finance, Chapter 3.28 Purchasing, Section 3.28.085 Design-Build Contracts and the criteria set forth in the Request for Proposals. The Panel Chair will forward its ranked listing to the Director or designee with a recommendation to award to the Design-Build Contractor presenting the lowest proposal cost. The City Council or designee has final authority for selection. PERIOD FOR AWARD: A period of ninety (90) calendar days from the time of Proposal opening may be required to award contract. No Proposer may withdraw her/his Proposal or Proposal guarantee during this period. Proposers shall assume full responsibility for their Proposal Price during this period and shall make certain that such delay does not restrict the price guarantee. PROPOSAL GUARANTEE: Each Proposal shall be accompanied by cash, a certified or cashier's check or Proposal Bond secured from a surety company satisfactory to the City, the amount of which shall not be less than ten percent (10%) of the submitted Total Proposal Price, made payable to the City as proposal security. The proposal security shall be provided as a guarantee that within ten (10) working days after the City provides the successful proposer the Notice of Award, the successful Proposer will enter into a contract and provide the necessary bonds and certificates of insurance. The proposal security will be declared forfeited if the successful Proposer fails to comply within said time. No interest will be paid on funds deposited with the City. The successful Proposer will be required to furnish a Faithful Performance Bond and a Labor and Material Bond each in an amount equal to one hundred percent (100%) of the Contract Price. Each bond shall be in the forms set forth in the Contract Documents, shall be secured from a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120, and that is a California admitted surety insurer. Pursuant to Section 22300 of the Public Contract Code of the State of California, the successful Proposer may substitute certain securities for funds withheld by District to ensure its performance under the contract. NOTICE INVITING PROPOSALS - 5 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 15 of 174 PREVAILING WAGE RATES AND LABOR COMPLIANCE: This project is subject to prevailing wages and labor compliance per California Labor Code. To this end, Proposer shall sign and submit with its Proposal the Public Works Contractor Registration Certification on the form provided. Failure to submit this form may render the proposal non-responsive. In addition, each Proposer shall provide the registration number for each listed subcontractor in the space provided in the Proposed Subcontractors form. In bidding this Project, it shall be the Proposer's sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its Proposal. A copy of the prevailing wage rates may be obtained via the internet at: www.dir.ca.govidlsr/. NOTICE INVITING PROPOSALS -6 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 16 of 174 INSTRUCTIONS TO PROPOSERS (All language in this section referring to Bidders, shall be understood as applying to pre-qualified respondents to the Request for Proposal and language referring to Bids shall be understood as applying to Proposals) I. SECURING CONTRACT DOCUMENTS. Proposals must be submitted to the City on the Proposal Forms which are a part of the Contract Documents for the Project. The Contract Documents may be obtained from the City of Carlsbad PlanetBids portal (https://ww-vv.planetbids.com/portal/portal.cfm?CompanyID=27970). Prospective proposers are encouraged to telephone in advance to determine the availability of Contract Documents. Addenda will be posted on PlanetBids. Failure to acknowledge all addenda may make a proposal nonresponsive and not eligible for award of the contract. 2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS. At its own expense and prior to submitting its Proposal, each Proposer shall visit the site of the proposed work and fully acquaint itself with the conditions relating to the construction and labor required so that the Proposer may fully understand the work, including but not limited to, difficulties and restrictions attending the execution of the Work under the Contract. Each Proposer shall carefully examine the Drawings, and shall read the Specifications, Contract, and all other documents referenced herein. Each Proposer shall also determine the local conditions which may in any way affect the performance of the work, including local tax structure, contractors' licensing requirements, availability of required insurance, the prevailing wages and other relevant cost factors, shall familiarize itself with all federal, state and local laws, ordinances, rules, regulations and codes affecting the performance of the work, including the cost of permits and licenses required for the work, and shall make such surveys and investigations, including investigations of subsurface or latent physical conditions at the site or where work is to be performed as may be required. Proposers are responsible for consulting the standards referenced in the Contract. The failure or omission of any Proposer to receive or examine any contract documents, forms, instruments, addenda, or other documents, or to visit the site and acquaint itself with conditions there existing shall in no way relieve any Proposer from any obligation with respect to its Proposal or to the contract and no relief for error or omission will be given except as required under State law. The submission of a Proposal shall be taken as conclusive evidence of compliance with this Article. 3. INTERPRETATION OF DRAWINGS AND DOCUMENTS. Prospective Proposers unclear as to the true meaning of any part of the Drawings, Specifications or other parts of the Contract Documents, or finds discrepancies in or omissions from the Drawings and Specifications, may submit to the City a written request for interpretation, clarification, or correction. The prospective Proposer submitting the request is responsible for prompt delivery. Interpretation, clarification, or correction of the Drawings, Specifications or other parts of the Contract Documents will be made only by a written addendum duly issued and a copy of such addenda will be posted on PlanetBids for each prospective Proposer who has downloaded a set of Contract Documents. The City will not be responsible for any other explanation or interpretations of the proposed documents. If a Prospective Proposer becomes aware of any errors or omissions in any part of the Contract Documents, it is the obligation of the Prospective Proposer to promptly bring it to the attention of the City. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of, or interpretation of any provision in the Contract Documents, will be given by any agent, employee or contractor of the City of Carlsbad except as specified in these Instructions to Proposers. No proposer may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as specified in these Instructions to Proposers. INSTRUCTIONS TO PROPOSERS - Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 17 of 174 4. QUESTIONS. Questions regarding this Project may be submitted through PlanetBids. Questions shall be definite and certain, and shall reference applicable drawing sheets, notes, details or specification sections. The deadline to submit questions is identified in the Notice Inviting Proposals. Questions received after the deadline will not be answered. Responses to questions submitted during the bidding period will be published in an addendum and provided to those bidding on the project no later than the date specified in the Notice Inviting Proposals. No other members of the City's staff or City Council should be contacted about this procurement during the bidding process. Any and all inquiries and comments regarding this Proposal must be communicated in writing, unless otherwise instructed by the City. The City may, in its sole discretion, disqualify any Proposer who engages in any prohibited communications. 5. PRE-PROPOSAL CONFERENCE. If a pre-proposal conference is to be held, whether mandatory or not, it shall be stated in the Notice Inviting Proposals. Proposals will not be accepted from any proposer who did not attend a Mandatory Pre-Proposal Conference. The conference will commence at the specified start time and the site visit will begin at the conclusion of the conference. Prospective Proposers who arrive late may be disqualified from the bidding process. Representatives of the City and its consultants, if any, will be present to the extent possible. Questions asked by Proposers at the Pre-Proposal Conference not specifically addressed within the Contract Documents shall be answered in writing and shall be sent to all Proposers present at the Pre-Proposal Conference. A Pre-Proposal conference may include a project site visit. Personal Protective Equipment (PPE) is required of all Job Walk attendees. Attendees are required to wear closed toe shoes, long pants, no sleeveless shirts, safety glasses (may be prescription with side shields if in process areas), safety vests and hard hats. Only those possessing such attire will be allowed on the job Site. City will not provide personal protective equipment to attendees. 6. ADDENDA. The City reserves the right to revise the Contract Documents prior to the Proposal submission date. Revisions, if any, shall be made by written Addenda. All Addenda issued by the City shall be acknowledged by the Proposer on PlanetBids and is made part of the Contract Documents. Pursuant to Public Contract Code Section 4104.5, if the City issues an Addendum which includes material changes to the Project less than 72 hours prior to the deadline for submission of Proposals, the City will extend the deadline for submission of Proposals. The City may determine, in its sole discretion, whether an Addendum warrants postponement of the Proposal submission date. Addenda will be posted on PlanetBids. Proposers are responsible for the receipt of all Addenda. The Proposer shall acknowledge the Addenda via PlanetBids prior to bidding. Failure to acknowledge all Addenda may be sufficient cause for rejecting the Proposal. 7. COMPLETION OF PROPOSAL FORMS. Proposals shall only be prepared using the Proposal Forms which are included in the Contract Documents. The use of substitute Proposal Forms other than clear and correct photocopies of those provided by the City will not be permitted. Proposals shall be executed by an authorized signatory as described in these Instructions to Proposers. In addition, Proposers shall fill in all blank spaces (including inserting "N/A" where applicable), and initial all interlineations, alterations, or erasures to the Proposal Forms. Proposers shall neither delete, modify, nor supplement the printed matter on the Proposal Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE PENCIL, OR INSTRUCTIONS TO PROPOSERS -8 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 18 of 174 A TYPEWRITER IS REQUIRED. Deviations from these instructions may result in the Proposal being deemed non-responsive. The following documents must be completed and properly executed including notarization, where indicated, and submitted as a part of the complete Proposal Package: I. Proposal Form 2. Proposal Bond or Proposal Security with check/cash 3. Proposed Subcontractors Form 4. Proposer Information and Experience Form 5. Non-Collusion Affidavit 6. Public Works Contractor Registration Certification 7. Certificate of Insurance 8. Statement of Redebarment 9. Disclosure of Discipline Record 10. Acknowledgement of ALL Addenda on PlanetBids. 1 I. Escrow agreement, as applicable All proposals are to be computed on the basis of the given estimated quantities of work, as indicated in the Proposal, times the unit price as submitted by the Proposer. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the proposals will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. 8. GOVERNING PROVISIONS AND CONDITIONS The specifications contained in City of Carlsbad General Provisions Design-Build take precedence over the specification language contained in the Standard Specifications for Public Works Construction, "The GREENBOOK" latest edition and all errata. This specification addresses the unique conditions in the City of Carlsbad that are not addressed in The GREENBOOK. Therefore, if there is a conflict, the City of Carlsbad General Provisions Design-Build shall control. The GREENBOOK may be purchased at Proposer's/Contractor's local technical bookstore or directly from the publisher. The City of Carlsbad General Provisions Design-Build is available only for download from PlanetBids with Contract Documents. The City does not provide hard copies. When used in the Contract Documents, statement or command phrases (active voice and imperative mood) refer to and are directed at the "Bidder" or "Proposer" or "Contractor" or "Design Builder" as applicable. The specifications are written to the "Bidder" or "Proposer" before award and the "Contractor" or "Design Builder" after award. Before award, interpret sentences written in the imperative mood as starting with "The Proposer shall". Interpret the term "you" as "the Proposer" and interpret the term "your" as "the Proposer's". After award, interpret sentences written in the imperative mood starting with "The Contractor shall" or "The Design Builder shall". Interpret the term "you" as "the Contractor" or "the Design Builder" and interpret the term "your" as "the Contractor's" or "the Design Builder's". 9. MODIFICATIONS OF PROPOSALS. Each Proposer shall submit its Proposal in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Proposal may render it non-responsive and may cause its rejection. Proposers shall not delete, modify, or supplement the printed matter on the Proposal Forms, or make substitutions thereon. Oral, telephonic and electronic modifications will not be considered. INSTRUCTIONS TO PROPOSERS -9 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19,2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 19 of 174 10. PROPOSAL GUARANTEE (BOND). Each proposal shall be accompanied by: (a) cash; or, (b) a certified or cashier's check made payable to City of Carlsbad; or, (c) a Proposal Bond secured from a surety company satisfactory to the City Council, the amount of which shall not be less than ten percent (10%) of the Total Proposal Price, made payable to City of Carlsbad as proposal security. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be a California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The proposal security shall be provided as a guarantee that within ten (10) working days after the City provides the successful proposer the Notice of Award, the successful proposer will enter into a contract and provide the necessary bonds and certificates of insurance. The proposal security will be declared forfeited if the successful proposer fails to comply within said requirements, and City may enter into a contract with the next lowest, responsive, responsible proposer, or may call for new proposals. No interest shall be paid on funds deposited with the City. The proposer's security of the second and third next lowest responsive proposers may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful proposers shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. City will return the security accompanying the proposals of all unsuccessful proposers no later than 90 calendar days after award of the Contract. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her proposal within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the Contract to another proposer. The Proposer shall submit Proposal Bond or Proposal Security with check/cash with the Proposal Package. 11. LABOR AND MATERIAL BOND, AND PERFORMANCE AND WARRANTY BOND REQUIREMENTS. The successful proposer will be required to furnish a Labor and Material Payment Bond and a Performance and Warranty Bond, each in an amount equal to one hundred percent (100%) of the contract price. Each bond shall be secured from a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120 and is admitted by the State of California, and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. Each bond shall be accompanied, upon the request of City, with all documents required by California Code of Civil Procedure Section 995.660 to the extent required by law. All bonding and insurance requirements shall be completed and submitted to City within ten (10) working days from the date the City provides the successful proposer with the Notice of Award. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Contract. The bonds are to be accompanied by an original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 12. SUBSTITUTION OF SECURITY. The Contract Documents call for monthly progress payments based upon the percentage of the Work completed. The City will retain a percentage of each progress payment as provided by the Contract Documents. At the request and expense of the successful Proposer, the City will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300. 13. OPTIONAL ESCROW FOR SECURITY DEPOSIT. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow INSTRUCTIONS TO PROPOSERS -10 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 20 of 174 agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. If the Contractor intends to utilize the escrow agreement included in the Contract Documents in lieu of the percentage retained from each payment (as specified in the Contract Documents), these documents must be completed and submitted with the signed Contract. The escrow agreement may not be substituted at a later date. 14. INSURANCE REQUIREMENTS Prior to commencing work, the successful proposer shall purchase and maintain insurance as set forth in the General Provisions Design-Build. lithe proposal is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. In accordance with the provisions of Labor Code Section 3700, Contractor shall secure the payment of compensation to its employees. Contractor shall sign and file with the City the following certificate prior to performing the work under this Contract: I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. The form of such Certificate of Insurance shall be submitted as a part of the Proposal Package. A certified copy of the certificate of authority of the insurer issued by the insurance commissioner is required. If the Proposal is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII; 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner; And 3) Otherwise meet the City's policy for insurance as stated in City Council Policy # 70, Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the Contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this Contract must be offered by a company meeting the above standards. Any exceptions to the requirements listed in these Instructions to Proposers must meet City Council Policy #70. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the proposal price. 15. LICENSING REQUIREMENTS. Pursuant to Business and Professions Code Section 7028.15 and Public Contract Code Section 3300, all proposers must possess proper licenses for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Business and Professions Code INSTRUCTIONS TO PROPOSERS -11 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 21 of 174 Section 7028.5, the City shall consider any proposal submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the Proposal. The City shall have the right to request, and Proposers shall provide within ten (10) calendar days, evidence satisfactory to the City of all valid license(s) currently held by that Proposer and each of the Proposer's subcontractors, before awarding the Contract. Notwithstanding anything contained herein, if the Work involves federal funds, the Contractor shall be properly licensed by the time the Contract is awarded, pursuant to the provisions of Public Contract Code section 20103.5. 16. SUBCONTRACTORS. Proposer shall set forth the name, address of the place of business, and contractor license number of each subcontractor who will perform work, labor, furnish materials or render services to the proposer on said contract and each subcontractor licensed by the State of California who, under subcontract to proposer, specially fabricates and installs a portion of the Work described in the Drawings and Specifications in an amount in excess of one-half of one percent (0.5%) of the total proposal price, and shall indicate the portion of the work to be done by such subcontractor in accordance with Public Contract Code Section 4104. Proposer shall submit Proposed Subcontractors Form with the Proposal Package. This form will be used by the City to determine the percentage of work that the Proposer proposes to perform. Proposers are cautioned that failure to provide complete and correct information may result in rejection of the Proposal as non-responsive. Any Proposal that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be performed by forces other than the Proposer's own organization will be rejected as non-responsive. Specialty items of work that may be so designated on the Proposed Subcontractors Form "Contractor's Proposal" will not be included in computing the percentage of work proposed to be performed by the Proposer. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor, as the case may be, that the Proposer proposes as installer of said materials. The value of material incorporated in any Subcontractor-installed proposal item that is supplied by the Proposer shall be included as a part of the work that the Proposer proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Proposer proposes to use a Subcontractor to construct or install less than 100 percent of a proposal item, the Proposer shall attach an explanation sheet to the Proposed Subcontractor Form. The explanation sheet shall clearly apprise the City of the specific facts that show the Proposer proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the Contract shall be determined by the City Council in conformance with the provisions of the Contract Documents. The decision of the City Council shall be final. Contractor is prohibited from performing any Work on this Project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. INSTRUCTIONS TO PROPOSERS -12 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 22 of 174 Proposers shall make copies of the disclosure forms as may be necessary to provide the required information to subcontractors. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. 17. PROPOSER INFORMATION AND EXPERIENCE FORM. Each Proposer shall complete the questionnaire provided herein and shall submit the questionnaire along with its Proposal. Failure to provide all information requested within the questionnaire along with the Proposal may cause the Proposal to be rejected as non-responsive. The City reserves the right to reject arty Proposal if an investigation of the information submitted does not satisfy the City that the Proposer is qualified to properly carry out the terms of the Contract. The Proposer shall submit Proposer Information Form with the Proposal Package. 18. NON-COLLUSION AFFIDAVIT. Proposers on all public works contracts are required to submit an affidavit of non-collusion with their proposal. This form (Non-Collusion Affidavit) is included with the Proposal Package and must be signed and dated under penalty of perjury. 19. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION. Pursuant to Labor Code Section 1773, the City has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in San Diego County from the Director of the Department of Industrial Relations for each craft, classification, or type of worker needed to execute this contract. A copy of these prevailing wage rates may be obtained via the internet at www.dir.ca.govidlsr/. In addition, a copy of the prevailing rate of per diem wages is available at the City and shall be made available to interested parties upon request. The successful Proposer shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Proposer to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to Proposal on, be listed in a Proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No proposal will be accepted nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work. If awarded the Contract, the Proposer and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on this Project, it shall be the Proposer's sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this Contract and applicable law in its Proposal. To this end, Proposer shall sign and submit with its Proposal the Public Works Contractor Registration Certification on the form provided, attesting to the facts contained therein. Failure to submit this form may render the Proposal non-responsive. In addition, each Proposer shall provide the registration number for each listed subcontractor in the space provided in the Proposed Subcontractors Form. 20. PREVAILING WAGES. The City has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates are available at the City or may be obtained online INSTRUCTIONS TO PROPOSERS - 13 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 23 of 174 at http://www.dir.ca.gov. Proposers are advised that a copy of these rates must be posted by the successful Proposer at the job site (s). The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for Work. A contractor or subcontractor shall not be qualified to propose on, be listed in a proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Prime Contractor and all subcontractors shall comply with Section 1776 of the Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. 21. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS. In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code Sections 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project. The City may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City or another jurisdiction in the State of California as an irresponsible proposer. 22. SIGNING OF PROPOSALS. All Proposals submitted shall be executed by the Proposer or its authorized representative. Proposers may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Proposal to bind the Proposer to each Proposal and to any Contract arising therefrom. If a Proposer is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Proposal on behalf of Proposer. Only that joint venturer or partner shall execute the Proposal. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Proposer in all matters relating to the Proposal; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Proposer assumed under the Proposal and under any Contract arising therefrom. The Proposal shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name. 23. SUBMISSION OF SEALED PROPOSALS. Once the Proposal and supporting documents have been completed and signed as set forth herein, they shall be placed, along with other required materials, via PlanetBids before the time and day set INSTRUCTIONS TO PROPOSERS -14 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 24 of 174 for the receipt of Proposals. The Proposal Guarantee shall be submitted in a sealed envelope, addressed and delivered or mailed, postage prepaid, to the City before the time and day set for the receipt of Proposals. No oral or telephonic Proposals will be considered. No forms transmitted via the internet, e-mail, facsimile, or any other electronic means will be considered unless specifically authorized by the City as provided herein. Proposals received after the time and day set for the receipt of Proposals will not be accepted. Only where expressly permitted in the Notice Inviting Proposals may Proposers submit their proposals via electronic transmission pursuant to Public Contract Code sections 1600 and 1601. Any acceptable method(s) of electronic transmission shall be stated in the Notice Inviting Proposals. City may reject any Proposal not strictly complying with City's designated methods for delivery. 24. OPENING OF PROPOSALS. Proposals submitted on PlanetBids will be reviewed by the City. City shall consider contract award to the lowest, responsive, responsible Proposer as determined by the City from the base Proposal alone. The City reserves the right to reject any or all Proposals or to waive any irregularities or informalities in any Proposals or in the Bidding process. The Proposal and the terms of the Contract Documents constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City and the Proposer. 25. WITHDRAWAL OF PROPOSAL. Any proposal may be withdrawn via written letter, incurring no penalty, at any time prior to the scheduled closing time for receipt of Proposals. Requests to withdraw Proposals shall be worded so as not to reveal the amount of the original Proposal. Withdrawn Proposals may be resubmitted until the time and day set for the receipt of Proposals, provided that resubmitted Proposals conform to the instructions herein. Proposals may be withdrawn after proposal opening only by providing written notice to City within five (5) working days of the proposal opening and in compliance with Public Contract Code Section 5100 et seq., or as otherwise may be allowed with the consent of the City. 26. PROPOSERS INTERESTED IN MORE THAN ONE PROPOSAL. No Proposer shall be allowed to make, file or be interested in more than one Proposal for the same work unless alternate Proposals are specifically called for. A person, firm or corporation that has submitted a sub-proposal to a Proposer, or that has quoted prices of materials to a Proposer, is not thereby disqualified from submitting a sub-proposal or quoting prices to other Proposers. No person, firm, corporation, or other entity may submit a sub-proposal to a Proposer, or quote prices of materials to a Proposer, when also submitting a prime Proposal on the same Project. 27. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES, AND FEES. Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the Work will be located, unless otherwise expressly provided by the Contract Documents. 28. PERMIT AND INSPECTION FEE ALLOWANCE. Notwithstanding anything contained herein, the Proposal Form contains an allowance for the Contractor's cost of acquiring traffic control permits and for construction inspection fees that may be charged to the Contractor by the Agency of Jurisdiction. The allowance is included within the Proposal Form to eliminate the need by proposers to research or estimate the costs of traffic control permits and construction inspection fees prior to submitting a proposal. The allowance is specifically intended to account for the costs of traffic control permits and construction inspection fees charged by the local INSTRUCTIONS TO PROPOSERS -15 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 25 of 174 Agency of Jurisdiction only. No other costs payable by Contractor to the Agency of Jurisdiction are included within said allowance. If such cost is not contained or specified in the Proposal Form, the Contractor shall include the costs in the other proposal items on the Proposal Form. 29. FILING OF PROPOSAL PROTESTS. Proposers may file a "protest" of a Proposal with the City. In order for a Proposer's protest to be considered valid, the protest must: 1. Be filed in writing within five (5) calendar days after the proposal opening date; 2. Clearly identify the specific irregularity or accusation; 3. Clearly identify the specific City staff determination or recommendation being protested; 4. Specify in detail the grounds for protest and the facts supporting the protest; and 5. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each of these requirements, the City may reject the protest without further review. If the protest is timely and complies with the above requirements, the City shall review the protest, any response from the challenged Proposer(s), and all other relevant information. The City will provide a written decision to the protestor. The procedure and time limits set forth in this Section 29 are mandatory and are the sole and exclusive remedy in the event of a Proposal protest. Failure to comply with these procedures shall constitute a failure to exhaust administrative remedies and a waiver of any right to further pursue the Proposal protest, including filing a Government Code Claim or legal proceedings. 30. BASIS OF AWARD; BALANCED PROPOSAL. The City shall award the Contract to the lowest responsible Proposer submitting a responsive Proposal. The lowest Proposal will be determined on the basis of the Total Proposal Price. The City reserves the right to reject any or all Proposals and to waive any minor irregularity or informality in such Proposals. The City may reject any Proposal which, in its opinion when compared to other Proposals received or to the City's internal estimates, does not accurately reflect the cost to perform the Work. The City may reject as non-responsive any Proposal which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular proposal items. 31. AWARD PROCESS. Once all Proposals are opened and reviewed to determine the lowest responsive and responsible Proposer, the City Council may award the contract. The apparent successful Proposer should begin to prepare the following documents: (1) the Labor and Materials Bond; (2) the Performance and Warranty • Bond; and (3) the required insurance certificates and endorsements. Once the City notifies the Proposer of the award, the Proposer will have ten (10) working days from the date of this notification to execute the Contract and supply the City with all of the required documents and certifications or the Proposer may forfeit the proposal security and the City may pursue award of the Contract to the next lowest, responsive, responsible Proposer. Once the City receives all the properly drafted and executed documents and certifications from the Proposer, the City shall issue a Notice to Proceed to that Proposer. 32. EXECUTION OF CONTRACT. As required herein, the Proposer to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The City may require appropriate evidence that the persons executing the Contract are duly empowered to do so. The Contract and bond forms to be executed by the successful Proposer are included within these Specifications and shall not be detached. INSTRUCTIONS TO PROPOSERS -16 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 26 of 174 33. BUSINESS LICENSE. The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the Contract. 34. NON-DISCRIMINATION. There shall be no discrimination in employment practices on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation, or any other protected class under applicable law. The City hereby affirmatively ensures that minority, or women business enterprises will be afforded full opportunity to submit proposals in response to this notice and proposers will not be discriminated against on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation, or any other protected class under applicable law. 35. PARTICIPATION OF MINORITY AND WOMEN-OWNED BUSINESSES. The City encourages the participation of minority and women-owned businesses. 36. USE OF RECYCLED MATERIALS. The City encourages proposers, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the City's Engineer. The Contractor shall keep a record of recycled and reused construction material and provide monthly updates to City's construction manager or designee. 37. DESIGN-BUILD SPECIAL REQUIREMENTS This section clarifies the roles and responsibilities for each entity in the Design-Build Project and explains the definitions of services during the Bidding Phase and onwards. If the terms in this Section 37 of these Instructions to Bidders conflict with any terms of the Contract, the terms of the Contract shall govern. The City and Design-Builder commit at all times to cooperate fully with each other and proceed on the basis of trust and good faith to permit each party to realize the benefits afforded under the Contract. 1. Design-Builder's Services and Responsibilities Design Services. Design-Builder shall, consistent with applicable state licensing laws, provide design services, including architectural, engineering and other design professional services, required by this Contract. Such design services shall be provided through qualified, licensed design professionals who are either (i) employed by Design-Builder, or (ii) procured by Design-Builder from independent sources. Nothing in the Contract is intended to create any legal or contractual relationship between City and any independent design professional. Preliminary Services. The City shall provide Design-Builder with City's Project Criteria describing City's program requirements and objectives for the Project. City's Project Criteria shall include City's use, space, price, time, site, performance and expandability requirements. City's Project Criteria may include conceptual documents, design specifications, design performance specifications and other technical materials and requirements prepared by or for City. If City's Project Criteria have not been developed prior to the execution of the contract, Design- Builder will assist the City in developing City's Project Criteria, with such service deemed to be an Additional Service. If the City has developed City's Project Criteria prior to executing the Contract, Design-Builder shall review and prepare a written evaluation of such criteria, including recommendations to the City for different and innovative approaches to the design and construction of the Project. The parties shall meet to discuss Design-Builder's written INSTRUCTIONS TO PROPOSERS -17 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 27 of 174 evaluation of City's Project Criteria and agree upon what revisions, if any, should be made to such criteria. Schematic Design Documents. Design-Builder shall prepare Schematic Design Documents based on City's Project Criteria, as may be revised. The Schematic Design Documents shall include design criteria, drawings, diagrams and specifications setting forth the requirements of the Project. The parties shall meet to discuss the Schematic Design Documents and agree upon what revisions, if any, should be made. Design-Builder shall perform such agreed-upon revisions. Proposal. Based on City's Project Criteria, the Schematic Design Documents, as each may be revised as described in this Section 37, and any other Basis of Design Documents upon which the parties may agree, Design-Builder shall submit a proposal to City (the "Proposal"), which shall include the following unless the parties mutually agree otherwise: 1. A proposed Contract Price for the design and construction of the Project, which price shall be in the form of a lump sum, broken down by general conditions and specification section categories; 2. A schedule and date of Substantial Completion of the Project upon which the Contract Price for the Project is based; 3. All other information necessary for the parties to enter into Contract; and 4. The time limit for acceptance of the Proposal. Review of Proposal. Design-Builder and the City shall meet to discuss and review the Proposal. If City has any comments regarding the Proposal or finds any inconsistencies or inaccuracies in the information presented, it shall promptly give written notice to Design- Builder of such comments or findings. If Design-Builder finds the revisions acceptable, Design- Builder shall, upon receipt of City's notice, adjust the Proposal. Completion of the Contract. Design-Builder's services under the Contract shall be deemed completed upon meeting with City to discuss the Proposal and making those revisions to the Proposal, if any, Design-Builder finds acceptable. Additional Services. Design-Builder shall perform the Additional Services set forth in a separate exhibit to the Contract. The cost for such services shall be as mutually agreed upon by the City and Design-Builder, with the Contract Price for the Contract, being adjusted accordingly. 2. City's Services and Responsibilities Timely Performance. The City shall throughout the performance of the Contract cooperate with Design-Builder. The City shall perform its responsibilities, obligations and services, including its reviews and approvals of Design-Builder's submissions, in a timely manner so as not to delay or interfere with Design-Builder's performance of its obligations under the Contract. City's Project Criteria. The City shall provide Design-Builder with City's Project Criteria. If the City desires that Design-Builder assist the City in developing such criteria as an Additional Service (described in this Section 37), the City shall provide Design-Builder with its objectives, limitations and other relevant information regarding the Project. City Provided Information. The City shall provide, at its own cost and expense, for Design- Builder's information and use, the following, all of which Design-Builder is entitled to rely upon in performing its obligations hereunder: 1. Surveys describing the property, boundaries, topography and reference points for use during construction, including existing service and utility lines; INSTRUCTIONS TO PROPOSERS -18 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 28 of 174 2. Geotechnical studies describing subsurface conditions, and other surveys describing other latent or concealed physical conditions at the Site; 3. Temporary and permanent easements, zoning and other requirements and encumbrances affecting land use or necessary to permit the proper design and construction of the Project; 4. A legal description of the Site; 5. To the extent available, as built and record drawings of any existing structures at the Site; and 6. To the extent available, environmental studies, reports and impact statements describing the environmental conditions, including, but not limited to, Hazardous Conditions, in existence at the Site. INSTRUCTIONS TO PROPOSERS -19 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 29 of 174 PROPOSAL FORM NAME OF PROJECT Fire Station No. 2 Replacement and Temporary Station NAME OF PROPOSER: Barnhart-Reese Construction, Inc. The City Council City of Carlsbad 1635 Faraday Ave, Carlsbad, CA 92008 The undersigned hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and addenda, if any, for the above-mentioned Project. The undersigned has acknowledged receipt, understanding, and full consideration of ANY and ALL addenda to the Contract Documents via PlanetBids. We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project, as described and in strict conformity with the Drawings, and these Specifications for TOTAL PROPOSAL PRICE. IRt Attached is the required Proposal Bond or Proposal Security in the amount of not less than 10% of the Total Proposal Price. Attached is the completed Proposed Subcontractors form. Vi Attached is the completed Proposer Information and Experience form. ir Attached is the fully executed Non-collusion Affidavit. V. Attached is the completed Public Works Contractor Registration Certification form. -V" Attached is the completed Certificate of Insurance form. ,e Attached is the Statement of Redebarment form. • Attached is the Disclosure of Discipline Record. D Attached is the Optional Escrow agreement (if applicable). PROPOSAL FORM -20 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 30 of 174 PROPOSAL FORM PROPOSAL SCHEDULE General Conditions / General Requirements / Bonds $ 1,100,322 Construction — Mobilization Demobilization $ 100,000 Construction — Mobile Office Trailers! Bathhouse $ 50,000 Allowance for S1)G&E Fees (per Addendum 4) S 50,000 Temporary Station Design, Professional and Consulting Services and Permitting $ 120,000 Right-of-Way work $ 200,000 Sprung structure and trailer procurement/installation $ 500,000 Site fencing, lighting, temporary furnishings and certificate of occupancy 20,000 Restoration of site with new slurry seal and restriping $ 95,000 Permanent Station Design, Professional and Consulting Services and Permitting $ 1,060,000 Bus stop relocation and site fencing $ 25,000 Utility connections $ 50,000 Hazardous materials abatement and fumigation $ 30,000 Demolition and site clearing $ 175,000 Survey and elevation monitoring $ 25,000 Construction — concrete and masonry $ 1,250,000 Construction — building shell and roof framing $ 1,732,150 Construction — mechanical/electrical/plumbing /IT infrastructure $ 2,400,000 $ 1,100,000 Construction — interior finishes Site landscaping and final clean up $ 350,000 Coordination with commissioning agent, FF&E, and certificate of occupancy 40,000 Right-of-Way and intersection modifications 750,000 TOTAL PROPOSED LUMP SUM PRICE $ 11,222,472 Proposed changes to mechanical, electrical, plumbing, security, finishes, or other systems and associated lump sum price impacts: None Proposed ideas to enhance the facility in terms of operation, maintenance, lifecycle cost / total cost of ownership and associated lump sum price impacts: TBD Other: PROPOSAL FORM- 21 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 31 of 174 PROPOSAL FORM The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work. TOTAL PROPOSAL PRICE The TOTAL PROPOSAL PRICE on Proposal Schedule: Total Proposal Price in Numbers: 511,222,472 Total Proposal Price in Written Form: Eleven Million, Two Hundred Twenty Two Thousand, Four Hundred Seventy Two Dollars In case of discrepancy between the written price, the numerical price, or the price as submitted via PlanetBids, the PlanetBids price shall prevail. The undersigned agrees that this Proposal Form constitutes a firm offer to the City which cannot be withdrawn for ninety (90) calendar days from and after the Proposal opening, or until a Contract for the Work is fully executed by the City and the lowest responsible proposer, whichever is later. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this Proposal. RECITALS The successful Proposer hereby agrees to sign the contract and furnish the necessary bonds and certificates of insurance within ten (10) working days after the City issues the Notice of Award to the successful Proposer. The Undersigned agrees that in case of failure to execute the required Contract with necessary bonds and insurance policies within said time period, the City may pursue to award the contract to the next lowest responsible Proposer and the Proposal Security of the lowest Proposer may be forfeited. Upon receipt of the signed contract and other required documents, the City will proceed to execute the contract and issue the Notice to Proceed. The time of completion shall commence on the date of the Notice to Proceed, unless otherwise specified. The undersigned agrees to begin the Work within ten (10) working days of the date of the Notice to Proceed, unless otherwise specified. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. The Undersigned Proposer declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California and that this statement is true PROPOSAL FORM -22 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 32 of 174 PROPOSAL FORM and correct and has the legal effect of an affidavit. The following are the Proposer's applicable license number(s), with their expiration date(s) and class of license(s): 912130 I Class A, B I expiration date 03/31/2022 If the Proposer is a joint venture, each member of the joint venture must include the required licensing information. A Proposal submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no Proposal submitted shall be invalidated by the failure of the Proposer to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned Proposer hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted Proposer to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this Proposal is made without connection with any person, firm, or corporation making a Proposal for the same work, and is in all respects fair and without collusion or fraud. Accompanying this Proposal is Proposal Bond Form (Cash, Certified Check, Proposer's Bond or Cashier's Check) for ten percent (10%) of the amount Proposal, payable to City of Carlsbad as Proposal Security and which is given as a guarantee that the undersigned will enter into a contract and provide the necessary bonds and certificates of insurance if awarded the Contract. Organized under the laws of the State of California , the Proposer is: (check one) O an individual O a partnership • a corporation PROPOSAL FORM -23 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 33 of 174 PROPOSAL FORM IF A CORPORATION, SIGN HERE: I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Proposal and all of the representations made herein are true and correct. 1 Name under which business is conducted Barnhart-Reese Construction, Inc. 2 Signature (given and surname and Title) (Note: Signature must be made by a someone who can bind the corporation) Printed/ typed Name Tamela Barnhart Reese, President 3 Place of Business (Full Address: street, number, city, state, zip) 10805 Thorrunint Road, Suite 200 San Diego, CA 92127 4 Telephone Number (858) 592-6500 5 Email TReese@BarnhartReese.com NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED PROPOSAL FORM -26 Document Version: 1.0 Fire Station No. 2 Replacement and Temporary Station Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 34 of 174 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sacramento On July 27, 2020 , before me, Elaine C. McBurney-Wilson, Notary Public, personally appeared Tamela Barnhart Reese who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity(ies), and that by her signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. ELAINE C. IIRCEIURNEY -WILSON I Commission No, 2183895 F, NOTARY PUSLIC-CALIFORNIA 0 SAN DIEGO COUNTY IMy COMM Expires MARCH 18.2021 PLACE NOTARY SEAL ABOVE Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of attached document Proposal Form — Carlsbad Title or type of document: Fire Station 2 Replacement Document Date: July 27, 2020 Number of Pages: 7 Signer(s) other than named above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Tamela Barnhart Reese Corporate Officer — Title(s): President 0 Partner — D Limited General El Individual 0 Attorney in Fact El Trustee 0 Guardian or Conservator 0 Other: Signer is representing: Bamhart-Reese Construction, Inc. Sept. 22, 2020 Item #6 Page 35 of 174 WITNESS my hand and official seal. PROPOSAL FORM List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Corporate Officers: Tamela Barnhart Reese, President Nancy Jane Barnhart, Secretary West Reese, CEO Douglas E. Barnhart, Chairman PROPOSAL FORM -27 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 36 of 174 PROPOSAL FORM Approved as to form this day of 20 Attorney for City of Carlsbad END OF SECTION PROPOSAL FORM -28 Document Version: 1.0 Fire Station No. 2 Replacement and Temporary Station Current Update: June 19, 2020 Document Date: Aril 14, 2020 Sept. 22, 2020 Item #6 Page 37 of 174 PROPOSAL SECURITY FORM (Note: This form is required when cash, certified check or cashier's check, accompanies proposal. If Proposal Bond is being provided, use form Proposal Bond) NAME OF PROJECT: NAME OF PROPOSER: Accompanying this proposal is a Certified / Cashiers check payable to the order of City of Carlsbad, in the sum of dollars ($ ), this amount being ten percent (10%) of the total amount of the proposal. The proceeds of this check shall become the property of the City, provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Perfaimance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her proposal within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another proposer. PROPOSER Required Attachments: 0 Certified Check or Cashiers Check END OF SECTION PROPOSAL SECLTR1TY FORM -29 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 38 of 174 PROPOSAL BOND FORM (Note: This form is not required when other form of Proposer's Security, e.g. cash, certified check or cashier's check, accompanies proposal. In that case, use form Proposal Security) NAME OF PROJECT: Fire Station No. 2 Replacement and Temporary Station NAME OF PROPOSER: Barnhart-Reese Construction, Inc. The makers of this bond are, Barnhart-Reese Construction, Inc. , as Principal, and Federal Insurance Company , as Surety and are held and firmly bound unto the City of Carlsbad, hereinafter called the City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL PROPOSAL PRICE of the Principal submitted to City for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying proposal dated July 29 20 20 If the Principal does not withdraw its Proposal within the time specified in the Contract Documents; and if the Principal provides all required documents to the City and is awarded the Contract; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall affect its obligation under this bond, and Surety does hereby waive notice of any such changes. In the event a lawsuit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation expenses incurred by the City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and expenses. IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this 21st day of July , 20 20 , the name and corporate seal of each corporation. PRINCIPAL: Executed by SURETY Barnhart-Reese Construction, Inc. this 21st day of (Name of Principal) By: th-g July ,2020 , SURETY: (sign here) Federal Insurance Company Wes+ Rees e (Print name here) CEO,Saa-rika.-+- Rees e (Title and Organization of Signatory) (name of Surety) 555 South Flower Street, 3rd Floor Los Angeles, CA 90071 By: (address of Surety) (213) 612-5511 (sign here) (telephone number of Surety) PROPOSAL BOND FORM -30 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 39 of 174 ito gutaX0. (signature of Attorney-in-Fact) Heather Saltarelli (printed name of Attorney-in-Fact) PROPOSAL BOND FORM 7::4 me A gep-slhetrIL Reese (Print name here) g-esihrit, Bartihdrf-ffeeSe (Title and Organization of Signatory) Required Attachments: O Corporate resolution showing current power of attorney. • Proper notarial acknowledgment of execution by PRINCIPAL. O Proper notarial acknowledgment of execution by SURETY. • President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation. END OF SECTION PROPOSAL BOND FORM-Si Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 40 of 174 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 vst,Ve4,--er. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On JUL 2 1 2020 before me, Date personally appeared Le-Kim H. Luu, Notary Public Here Insert Name and Title of the Officer Heather Saltarelli Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name( %) isim subscribed to the within instrument and acknowledged to me that he/she/t executed the same in his/her/their authorized capacity(), and that by hie/her/their signature( 4 on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. LE-KIM H. LUU COMMISSION # 2316198 3 Notary Public- California sr ORANGE COUNTY My Comm. Expires Deo. 17, 2023 WITNESS my hand and oficiaI seal. Signature Signature of Notaiy Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer — Title(s): Corporate Officer — Title(s). Partner — Limited General Partner — Limited General Individual x Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association www,NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Sept. 22, 2020 Item #6 Page 41 of 174 C L E3 B Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Rhonda C. Abel, Jeri Apodaca, Reece Joel Diaz, Kim Luu, Michael D. Parizino, Rachelle Rheault, Heather Saltarelli and James A. Schaller of Newport Beach, California each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 25' day of March, 2020. 1Q'2a9 I \-tCa-el I twat M. I A.s6istzint Stvrctar‘ Siephi;:n 11. kim2y. Vic PrLsi den t STATE OF NEWJERSEY County of Hunterdon SE On this 25th day of March, 2020 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, to me known to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such officers were duly affixed and subscribed by like authority. KATHERINE J. ADELAAR NOTARY PUBLIC OF NEW JERSEY No, 2316685 Commission Expires July 16, 2024 CERTIFICATION- * Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20,2009 "RESOLVED, that the followingautorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recopizances, contracts and other written commitments of the Company entered into in the ordinary course of business (each a "Written Commitment"): (1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company. under the seal of the Company or otherwise. (2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that suds action is authorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact. (3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to appointin writing any person the attorney- in-fact of the Company with full power and authoring° execute for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the Company as may be specified in such written appointment. which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the Company. and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (ii) the foregoing Power of Attorney is true, correct and in full force and effect. Notarial Seal Given under my hand and seals of said Companies at Whitehouse Station, NJ, this JUL 2 1 2020 eN,,suuD‘ kr.P,Ti NI 13th m ASSiSt.int Sixrdars IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT: Telephone (908) 903- 3493 Fax (908) 903-3656 e-mail: surety@chubb.com Sept. 22, 2020 Combined: FED-VIG-PI-WFIC-AAIC (rev. 11-19) Item #6 Page 42 of 174 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sacramento On July 24, 2020 , before me, Elaine C. McBurney-Wilson, Notary Public, personally appeared West Reese and Tamela Barnhart Reese who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity(ies), and that by their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. ELAINE C NICSURNEY -WILSON Commission No. 2183895 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY My Comm Expires MARCH 18, 2021 SIGNATURE PLACE NOTARY SEAL ABOVE Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of attached document Proposal Bond Form Title or type of document: Carlsbad Fire Station 2 Replacement Document Date: July 21, 2020 Number of Pages: 2 Signer(s) other than named above: Heather Saltarelli Capacity(ies) Claimed by Signer(s) Signer's Name(s): Tamela Barnhart Reese I West Reese [Z] Corporate Officer — Title(s): President I CEO El Partner — 0 Limited 0 General 0 Individual 1:11 Attorney in Fact El Trustee LI Guardian or Conservator 111 Other: Signer is representing: Barnhart-Reese Construction, Inc. Sept. 22, 2020 Item #6 Page 43 of 174 WITNESS my hand and official seal. BARNHART REESE CONSTRUCTION, INC. RESOLUTION OF THE BOARD OF DIRECTORS BE IT RESOLVED THAT: Douglas E. Barnhart West A. Reese Tamela Barnhart Reese "Whose signatures appear below, of this corporation are hereby authorized, from time to time, in the name of this corporation to execute Contract Documents as often as may seem advisable to such persons." "The authority herein conferred shall continue in full force and effect until written notice of its revocation shall be received by said holder of the above described executed prior to any such revocation." Authorized to Sign: Douglas E. Barnhart, Chairman West A. Reese Tamela Barnhart Reese Directors /1-;-223 Douglas E. Barnhart Date I t -2- ?d13 Date 013 Date Date West A. Reese Tamela Barnhart Reese Sept. 22, 2020 Item #6 Page 44 of 174 PROPOSED SUBCONTRACTORS FORM NAME OF PROJECT: NAME OF PROPOSER: Fire Station No. 2 Replacement and Temporary Station Barnhart-Reese Construction, Inc. In compliance with the Subletting and Subcontracting Fair Practices Act Chapter 4 (commencing at Section 4100), Part 1, Division 2 of the Public Contract Code of the State of California and any amendments thereof, Proposer shall set forth below: (a) the name and the location of the place of business, (b) the California contractor license number, (c) the DIR public works contractor registration number, and (d) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Proposer in or about the construction of the work or improvement to be performed under this Contract in an amount in excess of one-half of one percent (0.5%) of the Proposer's Total Proposal Price. Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Proposer shall list each subcontractor who will perform work or labor or render service to the Proposer in or about the work in an amount in excess of one-half of one percent (0.5%) of the Proposer's Total Proposal Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information. If a Proposer fails to specify a subcontractor or if a contractor specifies more than one subcontractor for the same portion of work, then the Proposer shall be deemed to have agreed that it is fully qualified to perform that portion of work and that it shall perform that portion itself. No changes in the subcontractors listed work will be made without the prior approval of the Agency. Attach additional pages as required. (signature of Proposer) PROPOSED SUBCONTRACTORS FORM - 32 Document Version: 1.0 Fire Station No. 2 Replacement and Temporary Station Current Update: June 19, 2020 Document Date: Apnl 14, 2020 Sept. 22, 2020 Item #6 Page 45 of 174 PROPOSED SUBCONTRACTORS FORM Name of Subcontractor Location of Business CSLB Contractor License No. DIR Registration Number Work to be done by Subcontractor % of Work Pat-CL Aviv 5 Syn /40,-./o5 .44 4/4 Aid ftwe Sio.crio . 2 A fil,`Ashem/ 1-ollist c 672qYS-- /606605-y7c, rtigir 54, % „Spor,,, ee$ Pexwt y 67 Z/4 too° o o gen) Gs' "r14 O /ditc, go VOiet fee klret 4 A /lc 011,441 413307P / WO NY /1) t r 0 1 4 0.901's DA W Mat re- C 1 . Caj 0- L16? 7 5- 9, /06060,63cl PUtof f‘ 4r-lit.ltriv o i td P6.5 ir2.9- Pe°0 get41 05424 ReCCO-014 1015(X)02S 63 7457/fr/71 kr At ht '-fler-1"/ A P .sipf . -"glItt.ii'4i OM+ Ili Ri Y e4 Ai -511-X44STrritA ';'° 54 A .'")1101115" Coyek.a SPAM* " I g-• g.).4 LE tiesi At 272 9/t) /woo In A.". ii- , 75-'0 PROPOSED SUBCONTRACTORS FORM -33 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 46 of 174 PROPOSED SUBCONTRACTORS FORM Name of Subcontractor Location of Business CSLB Contractor License No. DIR Registration Number Work to be done by Subcontractor % of Work SAtda . 144466.C4P11 / 3i/o Descan.io 'lye. San Arco', C,? .9goe? i'..73.013 /00 000 /e/i zo4e/scqp,:y , 4)6 70 Ch' . -•70-tfe-k—.t __44:44045446z-- -.17/4rmarit -7-71." 1 ,0-t_ --4°121,......0.,_. -..g... %,..., Reccp-r— (.4).47—,-ckri v_s A i i /at IC en' La i/4194 5-72217 N., ---90--/-777 17 67 Peavt4, grod:,..4 ____p______ /."7 °A - /06006 `11°_z kialArtAT -ew,Trearif se z3-6, let Sa.lfet ,C-dy+. I' '-r—freital,rie-4- re:46171 t 7q-79 3/ -7e-$14 m000 i2 332 -Mormoo* *-4,21"‘e 3 SoA../s A173`41"- V 9 to Of--- -571rio -Con-stipm-4;34/ 1/,$1.*, Glaz;eg d --5.c ° 1 ' ih '61 Vetoc +ç:10000 1016-‘1, u 171/ 8" kii'l °°45 Alicke ail grs Irv;fie,CA e07340 5.pruni 5-1-r-vc+ctr 3', 0, -.2-13/o laVers" nu _s 'Potufv23, ()A 93itizi loococts 585- Rai ve r_s , 5 7 ("70 PROPOSED SUBCONTRACTORS FORM -33 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update; June 19,, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 47 of 174 PROPOSED SUBCONTRACTORS FORM Name of Subcontractor Location of Business CSLB Contractor License No. DIR Registration Nurrd.o. Work to be done by Subcontractor % of Work an rift4fiC 4crr ille 7*-17175 I Cox-1.3174d 4;05-0 y6, peemes.4*. IC*00000 3g9' #47A S4-4 kg. ilier'il.sj/ Cbm•rt 1' 1. Z APS .Sys-fr 0 5 54. Oir 6213 6'0 M0010611 Plymovtni /.3 ,c, 9 6 97 i Mao° I 71 f itvA.c._ Cacy Eteein‘ C. 67 7,PoISIP ioo ooan 2? Perie;c /54/4 r .0 ,o Fpne e Corp Phan jt- 496s114 /000000"5O Fe;,,c c /. PROPOSED SUBCONTRACTORS FORM -33 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19,2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 48 of 174 PROPOSED SUBCONTRACTORS FORM Name of Subcontractor Location of Business CSLB Contractor License No. DIR Registration Number Work to be done by Subcontractor % of Work ittrAcia.'d 1 SQ. LH', 32e Aboo0o Z4,9 970'4 II . 10-0,•''"i 11,5 - ,c• fL liaib S et etkior. 7710 73 /04000 f ni' Pi4s le, 3 76 frew fi ldsmr y -1.5 too 600 is- 1 3 Ca neveil e. 7171 ,), 2.7 5- 90 Coft.d.rucloin na,, woe POorsilut -4175— N44'4 '417r44-. ,51,512Y sie , --Fottere4TPAP 3 1 006 oat, 75-7 -.9,04-3 e 4.7.7, grisr9.44--- _4414 C kriSit 0`.. eft's 414 iloic 93993G 1orS0167z, i aces° i oo 1' 2 lik, F700-,.i". A. V % A+143 v. f -7-r1.4-}, t 792 LAP bo0O/22615 5hu e 3 •s41 -7.-Awr lc v 1 & 5g4t al" ti low it i 7 -30 tetterast4i4'k- / 0 0 0 0 1165" 3 Philo b;1 4.4- Pk. b) / LW ag -13/4,11 xentirvcr. R. 12 e , Trade 3 17 PS" __-'.j' 3&5 A ei PROPOSED SU/3CONTRACTO2S FORM -33 Document Version: 1.0 Fire Station No. 2 Replacement and Temporary Station Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 49 of 174 /e. NAME OF PROJECT: Fire Station No. 2 Replacement and Temporary Station 3. Proposer Address: 10805 Thornmint Road, #200, San Diego, CA 92127 C. Email Address WReese@BarnhartReese.com PROPOSER INFORMATION FORM -35 Document Version: 1.0 Fire Station No. 2 Replacement and Temporary Station Current Update: June 19, 2020 Document Date: April 14, 2020 PROPOSER INFORMATION FORM NAME OF PROPOSER: Barnhart-Reese Construction, Inc. 1. INFORMATION ABOUT PROPOSER (Indicate not applicable ("N/A") where appropriate.) NOTE: Where Proposer is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture. 1. Name of Proposer: Barnhart-Reese Construction, Inc. 2. Type, if Entity: S Corporation a. Facsimile Number (858) 592-1410 b. Telephone Number (858) 592-6500 4. How many years has Proposer's organization been in business as a Contractor? 12 years 5. How many years has Proposer's organization been in business under its present name? 9 years a. Under what other or former names has Proposer's organization operated? J. Reese Construction, Inc. — License #912130 (2007 —2011) Douglas E. Barnhart, Inc. / Barnhart, Inc. — License #439407 (1983 —2007) 6. If Proposer's organization is a corporation, answer the following: a. Date of Incorporation: August 22, 2007 b. State of Incorporation: California c. President's Name: Tamela Barnhart Reese d. Vice-President's Name(s): None Sept. 22, 2020 Item #6 Page 50 of 174 PROPOSER INFORMATION FORM e. Secretary's Name: Nancy Jane Barnhart f. Treasurer's Name: Tamela Barnhart Reese 7. If an individual or a partnership, answer the following: a. Date of Organization: N/A 1:). Name and address of all partners (state whether general or limited partnership): N/A 8. If other than a corporation or partnership, describe organization and name principals: N/A 9. List other states in which Proposer's organization is legally qualified to do business. None 10. What type of work does the Proposer normally perform with its own forces? Barnhart-Reese has concrete crews, as well as staff laborers and drywall teams for drywall hanging, acoustical ceiling and light cage framing work. The laborer staff is capable of door and hardware installation, accessory installation, installation of any barricade apparatuses required to shield the public and staff from the construction area, and perform daily site cleaning. 11. Has Proposer ever failed to complete any work awarded to it? If so, note when, where, and why: PROPOSER INFORMATION FORM -36 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14,2020 Sept. 22, 2020 Item #6 Page 51. of 174 PROPOSER INFORMATION FORM No. 12. Within the last five years, has any officer or partner of Proposer's organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation: No 13. List Trade References: Tom Brown, Sierra Pacific West, 2125 La Mirada Drive, Vista, CA 92081 (760) 599-0755 Sam Passanisi, Neal Electric, 13250 Kirkham Way, Poway, CA 92064, (858) 531-2525 Mr. Bob Cava, Standard Drywall, 9902 Channel Rd., Lakeside, CA 92040, (619) 443-7034 14. List Bank References (Bank and Branch Address): US Bank / Mr. Gordon Boerner, Senior VP & Private Banking Manager 4747 Executive Drive, Suite 1300. San Diego, CA 92121 (858) 334-0756 15. Name of Bonding Company and Name and Address of Agent: Chubb Group of Insurance Companies/Federal 555 S. Flower Street, 3rd Floor, Los Angeles, CA 90071 Mike Parizino, 1301 Dove Street, #200, Newport Beach, CA 92660 [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] PROPOSER INFORMATION FORM -37 Document Version: 1.0 Fire Station No. 2 Replacement and Temporary Station Current Update: June 19,2020 Document Date: April 14,2020 Sept. 22, 2020 Item #6 Page 52 of 174 PROPOSER INFORMATION FORM 2. PERSONNEL ASSIGNMENT The Proposer shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity. Add additional pages to identify ALL Key personnel. Proposer agrees that personnel named in this Proposal will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City. Job Title Name % time on this project Specialized Education Years of construction experience relevant to the project Summarize the experience Executive-in-Charge Douglas E. Barnhart 5% BS, Civil Engineering Texas Tech University 46 Extensive experience in building fire stations and critical infrastructure project, Project Principal West Reese 5% Bachelor of Arts, University of California, San Diego 15 Principal for many D-B projd & fire stations including Bay: Fire Station #2 Sr. Project Manager Chuck McArthur 75% BS, Construction Eng. 8c Technology, Louisiana Tech University 29 Sr. PM for numerous D-B projects for civic & military in San Diego County. General Superintendent Shawn Fisher 100% Maraine Valley CC and Certified Construction Manager (CCM) 23 Superintendent for award- winning Bayside Fire Station #2 for City of San Diego. Project Engineer Shane Liberty 100% Turner School of Construction Management 11 Project Engineer for Bayside Fire Station #2 & Carlsbad's Pine Ave Community Center Architect PIC Mike Asaro 20% BS, Design Arizona State University 33 30+ architect experience including D-B fire station experience with BRC Architect Project Mgr Brad Kerr 80% Bachelor of Architecture University of Cincinnati 19 2 decades of architectural experience including project management of D-B fire station with BRC. 3. VERIFICATION AND EXECUTION These Proposal Forms shall be executed only by a duly authorized official of the Proposer: I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct: Name of Proposer See signature on next page Signature Name Title Date END OF SECTION PROPOSER INFORMATION FORM -38 Document Version; 1.0 Fire Station No. 2 Replacement and Temporary Station Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 53 of 174 cts ide PROPOSER INFORMATION FORM 2. PERSONNEL ASSIGNMENT The Proposer shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity. Add additional pages to identify ALL Key personnel. Proposer agrees that personnel named in this Proposal will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City. Job Title Name % time on this project Specialized Education Years of construction experience relevant to the project Summarize the experience Dir. of Interior Design Adel Smith-Chapman 40% Bachelor of Arts, Environmental & Interior Design, SDSU 40 40+ years of Interior Design experience including D-B fire station with BRC Civil Sr. Project Mgr Nolan Huelsman 5% Bachelor of Science, Civil Engineering SDSU 15 Experienced Civil Engineer; many Public Sector projects including fire stations. Structural PIC Mehdi Rashti 15% Bachelor of Science, Civil Engineering, Univ. of Sussex 41 40+ years of experience teaming w/BRC & Delawie including fire stations. Structural Eng of Record Farzad Hedari 75% Master of Science, Structural Eng., Polytechnic Univ. 25 Extensive experience as ED with project team including ' station & other D-B projects Structural QC Manager Hung Nguyen 10% Bachelor of Science, Civil Engineering SDSU 24 Extensive experience provid QC mgmt. for team includin? fire station & D-B projects. Electrical Engineer Anton Nathanson 50% Bachelor of Science, Civil Engineering, Texas Tech University 15 Experience on 8 fire station projects in CA including Encinitas Fire Station #4. Mechanical NC Chris Deck 33% BSME, Mechanical Engineering, SDSU 29 Decades of public works exr including 150+ projects & many years experience with BRC/Delawie team. 3. VERIFICATION AND EXECUTION These Proposal Forms shall be executed only by a duly authorized official of the Proposer: I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct: Name of Proposer Sec signature on next page Signature Name Title Date END OF SECTION PROPOSER INFORMATION FORM -38 Document Version: 1.0 Fire Station No. 2 Replacement and Temporary Station Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 54 of 174 re PROPOSER INFORMATION FORM 2. PERSONNEL ASSIGNMENT The Proposer shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity. Add additional pages to identify ALL Key personnel. Proposer agrees that personnel named in this Proposal will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City. Job Title Name % time on this project Specialized Education Years of construction experience relevant to the project Summarize the experience Sr. Electrical PM/Design Kevin Sheppard 30% Universal Technical Inst. Assoc. Degree in Circuit Board Design Architecture 19 2 decades of electrical desig & project mgmt. experience including fire stations. Landscape Architect Stephanie Hatton 15% Master of Landscape Architecture, University of AZ, Tuscon 25 Extensive experience with public sector design and D-E project experience. 3. VERIFICATION AND EXECUTION These Proposal Forms shall be executed only by a duly authorized official of the Proposer: I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct: Name of Proposer Barnhart-Reese Construction, Inc. Signature Name West Reese Title CEO Date END OF SECTION July 29_ 2020 PROPOSER INFORMATION FORM -38 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14,2020 Sept. 22, 2020 Item #6 Page 55 of 174 CERTIFICATE OF INSURANCE FORM NAME OF PROJECT: Fire Station No. 2 Replacement and Temporary Station NAME OF PROPOSER: Bamhart-Reese Construction, Inc. Proposer must attach either of the following to this page. X Certificates of insurance showing conformance with the requirements herein for each of: a. Comprehensive General Liability b. Automobile Liability c_ Workers Compensation d. Employer's Liability 0 Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees andfor premiums by the Proposer, will issue to the Proposer Policies of Insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. END OF SECTION CERTIFICATE OF INSURANCE FORM.. 39 Document Version: 1.0 Fire Station No. 2 Replacement and Temporary Station Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 56 of 174 ® ACC)REP CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 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 certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Alliant Insurance Services, Inc. 1301 Dove Street, Suite 200 Newport Beach CA 92660-2436 CONTACT NAME: Amanda Vezzani PHONE FAX (A/C. No. Exn: 949-660-5958 (NC, No): E-MAIL ADDRESS: avezzani@alliant.com INSURER(S)AFFORDING COVERAGE NAIC # INSURER A : Executive Risk Indemnity Inc 35181 INSURED Barnhart-Reese Construction, Inc. 10805 Thornmint Road #200 San Diego CA 92127 INSURER S: Federal Insurance Company 20281 INSURER C: Travelers Property Casualty Co of Amer 25674 INSURER D : INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 235109916 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF INIM/DD/YYYY) POLICY F.XP (NIM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 54303191 8/112020 8/1/2021 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 CLAIMS-MADE X OCCUR ' MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE POLICY. x OTHER: LIMIT APPLIES of PER: LOC PRODUCTS - COMP/OP AGO $ 2,000,000 Deductible $ 5,000 B X — AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY - SCHEDULED AUTOS NON-OWNED AUTOS ONLY Y Y 54303190 8/1/2020 8/1/2021 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ C X UMBRELLA LIAB EXCESS LIAB X _ OCCUR CLAIMS-MADE ZUP61M8248420N F 8/1/2020 8/1/2021 EACH OCCURRENCE $ 8,000,000 AGGREGATE $ 8,000,000 DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N IA Y 54303192 8/1/2020 8/1/2021 X 1 r•V/ZTUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 EL. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Fire Station #2 The City of Carlsbad, its officials, employees and volunteers are named as additional insured per the attached endorsements. Waiver of subrogation applies per the attached endorsements. Excess Liability policy follows form to underlying general liability and auto policies. CERTIFICATE HOLDER CANCELLATION 30 I City of Carlsbad Public Works Contract Administration 1635 Faraday Avenue CA 92008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 0 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 2 /P, 2020 The ACORD name and logo are registered marks of ACftfilyn #6 Page 57 of 174 ACC:PR ID EVIDENCE OF PROPERTY INSURANCE THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. DATE (MMIDDITYYY) 9/10/2020 AGENCY PHONE IA/C. No, ExtI: Alliant Insurance Services, Inc. 1301 Dove St Ste 200 Newport Beach, CA 92660 COMPANY License#: 0C36861 FAX (A/C, No): 949-756-2713 CODE: E-MAIL ADDRESS: SUB CODE; AGENCY CUSTOMER ID #: INSURED LOAN NUMBER Barnhart-Reese Construction 10805 Thornmint Rd Ste200 San Diego, CA 92127 POLICY NUMBER CSNO009761 EXPIRATION DATE 04/04/2022 CONTINUED UNTIL TERMINATED IF CHECKED EFFECTIVE DATE 10/01/2020 THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/DESCRIPTION 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, THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVVITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE 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. COVERAGE INFORMATION PERILS INSURED BASIC BROAD SPECIAL COVERAGE / PERILS / FORMS AMOUNT OF INSURANCE DEDUCTIBLE Builder's Risk $11,222,472 $10,000 REMARKS (Including Special Conditions) Re: Fire Station No. 2 Replacement- 1906 Arenal Road, Carlsbad, CA 92009 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST NAME AND ADDRESS City of Carlsbad Public Works Contract Administration 1635 Faraday Avenue, CA 92008 ADDITIONAL INSURED MORTGAGEE LENDER'S LOSS PAYABLE LOSS PAYEE LOANS AUTHORIZED REPRESENTATIVE ....... ..-- . ..,.------- --- ACORD 27 (2016/03) @ 1993-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Sept. 22, 2020 Item #6 Page 58 of 174 POLICY NUMBER: 54303191 COMMERCIAL GENERAL LIABILITY CO 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWN-f:RS, LESSEES OR CONTRACTOR C - SCHEDULED PEON ORCANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Where required by written contract Where required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. Cgt411.11)21472 0 © ISO Properties, Inc., 2004 Item #6 Page 5330 114 1 0 POLICY NUMBER 54303191 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS .CCAIPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Where required by written contract Where required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 @ ISO Properties, Inc., 2004 Sept. 22, 2020 Item #6 Page 613Cfg? 111' POLICY NUMBER: 54303191 COMMERCIAL GENERAL LIABILITY CG 20 18 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - IVORTGAGEE, ASSIC-JEEE OR LZECErfari This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Person(s) Or Organization(s) Designation Of Premises Where required by written contract Where required by written contract _ Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you and shown in the Schedule. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. cR34.11,4t6lo © Insurance Services Office, Inc., 2012 Item 4*6 Page (P1194 174 1 POLICY NUMBER: 54303191 COMMERCIAL GENERAL LIABILITY 10-02-2461 (Ed. 7-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANC7. FOR SCHEDULED AL1717[ONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Additional Insured: Location Of Covered Operations: As required by written contract As required by written contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect only to the Additional Insured and at the Location Of Covered Operations shown in the Schedule, the following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to the Additional Insured with respect to the Location Of Covered Operations shown in the Schedule under this policy provided that: (1) The Additional Insured is a named insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the Additional Insured. 10-02-2461 (Ed. 7-15) Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. Sept. 22, 2020 Item #6 Page 62 of 174 POLICY NUMBER: 54303191 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL ACIGRCATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): where required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each des- ignated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, ex- cept damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard", and for medi- cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Con- struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Ag- gregate Limit shown in the Declarations nor shall they reduce any other Designated Con- struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Decla- rations, such limits will be subject to the appli- cable Designated Construction Project Gen- eral Aggregate Limit. CG 25 03 05 09 @ Insurance Services Office, Inc., 2008 Page 1 of 2 Sept. 22, 2020 Item #6 Page 63 of 174 B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attrib- uted only to ongoing operations at a single des- ignated construction project shown in the Sched- ule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Construction Project General Aggre- gate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction pro- ject. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 0 Insurance Services Office, Inc., 2008 CG 25 03 05 09 0 Sept. 22, 2020 Item #6 Page 64 of 174 Policy #54303191 b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part 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 claim is made or "suit" is brought. 8. Transfer Or Waiver Of Rights Of Recovery Against Others To Us We will waive the right of recovery we would otherwise have had against another person or organization, for loss to which this insurance applies, provided the insured has waived their rights of recovery against such person or organization In a contract or agreement that is executed before such loss. To the extent that the insured's rights to recover all or part of any payment made under this Coverage Part have not been waived, 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 Coverage C. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mall or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means an electronic, oral, written or other notice, about goods, products or services, designed for the specific purpose of attracting the general public or a specific market segment to use such goods, products or services. "Advertisement' does not include any e-mail address, Internet domain name or other electronic address or metalanguage. 2. "Advertising injury" means injury, other than 'bodily injury", "property damage" or "personal injury", sustained by a person or organization and caused by an offense of infringing, in that particular part of your "advertisement" about your goods, products or services, upon their: a. Copyrighted "advertisement"; or b. Registered collective mark, registered service mark or other registered trademarked name, slogan, symbol or title. 3. "Asbestos" means asbestos in any form, including its presence or use in any alloy, by-product, compound or other material or waste. Waste includes materials to be recycled, reconditioned or reclaimed. 4, "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, Including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 5."Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease; sustained by a person, including resulting death, humiliation, mental anguish, mental Injury or shock at any time. All such loss shall be deemed to occur at the time of the physical injury, sickness or disease that caused it. 6. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in Paragraph a. above; (2) The activities of a person whose home is in the territory described in Paragraph a. above, but is away for a short time on your business; or (3) "Advertising injury" or "personal injury" offenses that take place through the Internet or similar electronic means of communication Form 10-02-1800 (Rev. 09- 17) Sept. 22, 2020 Includes copyrighted material of ISO Properties, Inc., with its permission Item #6 Page 13 of 17 Page 65 of 174 POLICY NUMBER: 54303191 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LEFICNATED CONSTRUCTION PROJrEC CIENE[1,1_ ,CCREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): where required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each des- ignated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, ex- cept damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard", and for medi- cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3 Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Con- struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Ag- gregate Limit shown in the Declarations nor shall they reduce any other Designated Con- struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Decla- rations, such limits will be subject to the appli- cable Designated Construction Project Gen- eral Aggregate Limit. CA.I.0129Tala 0 © Insurance Services Office, Inc., 2008 Item #6 Page Kt 94 1" htt 2 0 B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attrib- uted only to ongoing operations at a single des- ignated construction project shown in the Sched- ule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Construction Project General Aggre- gate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction pro- ject. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. P9gIM? 22 2020 © Insurance Services Office, Inc., 2008 Item #6 Pap tni 0$ V54/9 0 Policy #54303190 COMMERCIAL AUTOMOBILE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FOR 7v7 ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement modifies the Business Auto Coverage Form, 1. EXTENDED CANCELLATION CONDITION Paragraph A.2.b. — CANCELLATION - of the COMMON POLICY CONDITIONS form IL 00 17 is deleted and replaced with the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. 2. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations As Insureds The Named Insured shown in the Declarations is amended to include: 1. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. 2. Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is an "insured" under any other automobile policy; (b) That has exhausted its Limit of Insurance under any other policy; or (c) 180 days or more after its acquisition or formation by you, unless you have given us written notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. — WHO IS AN INSURED — of SECTION II — LIABILITY COVERAGE is amended to add the following: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1. —WHO IS AN INSURED — of SECTION II— LIABILITY COVERAGE is amended to add the following: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor; and (2) The "auto" is leased without a driver. Such leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. However, the lessor is an 'insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: 1. You; 2. Any of your "employees" or agents; or 3. Any person, except the lessor or any "employee" or agent of the lessor, operating an "auto" with the permission of any of 1. and/or 2. above. D. Persons And Organizations As Insureds Under A Written Insured Contract Paragraph A.1 — WHO IS AN INSURED — of SECTION II— LIABILITY COVERAGE is amended to add the following: f. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed under an express provision in a written "insured contract", written agreement or a written permit issued to you by a governmental or public authority to add such person or organization to this policy as an "insured". However, such person or organization is an "insured" only: Form: 16-02-0292 (Rev. 11-16) Page 1 of 3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" Sept. 22, 2020 Item #6 Page 68 of 174 Policy #54303190 (1) with respect to the operation, maintenance or use of a covered "auto"; and (2) for "bodily injury" or "property damage" caused by an "accident" which takes place after: (a) You executed the "insured contract" or written agreement; or (b) The permit has been issued to you. 3. FELLOW EMPLOYEE COVERAGE EXCLUSION B.5. - FELLOW EMPLOYEE — of SECTION II — LIABILITY COVERAGE does not apply. 4. PHYSICAL DAMAGE — ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. — TRANSPORTATION EXPENSES — of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day for temporary transportation expense, subject to a maximum limit of $1,000. 5. AUTO LOAN/LEASE GAP COVERAGE Paragraph A. 4. — COVERAGE EXTENSIONS - of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add the following: c. Unpaid Loan or Lease Amounts In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the loan or lease for a covered "auto" minus: 1. The amount paid under the Physical Damage Coverage Section of the policy; and 2. Any: a. Overdue loan/lease payments at the time of the "loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not returned by the lessor: d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and e. Carry-over balances from previous loans or leases. We will pay for any unpaid amount due on the loan or lease if caused by: 1. Other than Collision Coverage only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; 2. Specified Causes of Loss Coverage only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto"; or 3. Collision Coverage only if the Declarations indicate that Collision Coverage is provided for any covered "auto. 6. RENTAL AGENCY EXPENSE Paragraph A. 4. — COVERAGE EXTENSIONS — of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add the following: d. Rental Expense We will pay the following expenses that you or any of your "employees" are legally obligated to pay because of a written contract or agreement entered into for use of a rental vehicle in the conduct of your business: MAXIMUM WE WILL PAY FOR ANY ONE CONTRACT OR AGREEMENT: 1. $2,500 for loss of Income incurred by the rental agency during the period of time that vehicle is out of use because of actual damage to, or "loss" of, that vehicle, including income lost due to absence of that vehicle for use as a replacement; 2. $2,500 for decrease in trade-in value of the rental vehicle because of actual damage to that vehicle arising out of a covered "loss"; and 3. $2,500 for administrative expenses incurred by the rental agency, as stated in the contract or agreement. 4. $7,500 maximum total amount for paragraphs 1., 2. and 3. combined. 7. EXTRA EXPENSE — BROADENED COVERAGE Paragraph A.4. — COVERAGE EXTENSIONS — of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add the following: e. Recovery Expense We will pay for the expense of returning a stolen covered "auto" to you. 8. AIRBAG COVERAGE Paragraph B.3.a. - EXCLUSIONS —of SECTION III — PHYSICAL DAMAGE COVERAGE does not apply to the accidental or unintended discharge of an airbag. Coverage is excess over any other collectible Insurance or warranty specifically designed to provide this coverage. 9. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT - BROADENED COVERAGE Paragraph C.1.b. — LIMIT OF INSURANCE - of SECTION III - PHYSICAL DAMAGE is deleted and replaced with the following: b. $2,000 is the most we will pay for "loss" in any one "accident" to all electronic equipment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. 10. GLASS REPAIR — WAIVER OF DEDUCTIBLE Form: 16-02-0292 (Rev. 11-16) Page 2 of 3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" Sept. 22, 2020 Item #6 Page 69 of 174 Policy #54303190 Under Paragraph D. - DEDUCTIBLE — of SECTION III — PHYSICAL DAMAGE COVERAGE the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Paragraph D.- DEDUCTIBLE — of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add the following; If this Coverage Form and any other Coverage Form or policy Issued to you by us that is not an automobile policy or Coverage Form applies to the same "accident", the following applies: 1. If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Paragraph A.2.a. - DUTIES IN THE EVENT OF AN ACCIDENT, CLAIM, SUIT OR LOSS of SECTION IV - BUSINESS AUTO CONDITIONS is deleted and replaced with the following: a. In the event of "accident', claim, "suit" or "loss", you must promptly notify us when the "accident" is known to: (1) You or your authorized representative, if you are an individual; (2) A partner, or any authorized representative, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer, insurance manager, or authorized representative, if you are an organization other than a partnership or limited liability company. Knowledge of an "accident", claim, "suit' or "loss" by other persons does not imply that the persons listed above have such knowledge. Notice to us should include: (1) How, when and where the "accident' or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons or witnesses. 13. WAIVER OF SUBROGATION Paragraph A.5. - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of SECTION IV— BUSINESS AUTO CONDITIONS is deleted and replaced with the following: 5. We will waive the right of recovery we would otherwise have against another person or organization for 'loss" to which this insurance applies, provided the "insured" has waived their rights of recovery against such person or organization under a contract or agreement that is entered Into before such "loss". To the extent that the "insured's" rights to recover damages for all or part of any payment made under this insurance has not been waived, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. 14. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph 8.2. — CONCEALMENT, MISREPRESENTATION or FRAUD of SECTION IV — BUSINESS AUTO CONDITIONS - is deleted and replaced with the following; If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not void coverage under this Coverage Form because of such failure. 15. AUTOS RENTED BY EMPLOYEES Paragraph 8.6. - OTHER INSURANCE of SECTION IV — BUSINESS AUTO CONDITIONS - is amended to add the following: e. Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 16. HIRED AUTO — COVERAGE TERRITORY Paragraph B.7.b.(5). - POLICY PERIOD, COVERAGE TERRITORY of SECTION IV — BUSINESS AUTO CONDITIONS is deleted and replaced with the following: (5) A covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 45 days or less; and 17. RESULTANT MENTAL ANGUISH COVERAGE Paragraph C. of SECTION V DEFINITIONS is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death as a result of the "bodily injury" sustained by that person. Form: 16-02-0292 (Rev. 11-16) Page 3 of 3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" Sept. 22, 2020 Item #6 Page 70 of 174 Policy # 54303190 4. Loss Payment Physical Damage Coverages At our option, we may: a. Pay for, repair or replace damaged or stolen property; b. Return the stolen property, at our expense We will pay for any damage that results to the "auto" from the theft, or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the "loss", our payment will include the applicable safes tax for the damaged or stolen property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary ID secure our rights and must do nothing after "accident" or "loss" to impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the ''insured" or the "insured's" estate will not relieve us of any obligations under this Coverage Form. 2. Concealment; Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, intentionally conceals or misrepresents a material fact concerning: a. This Coverage Form; b. The covered "auto"; c. Your interest in the covered "auto"; or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. 4. No Benefit To Bailee — Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other provision of this Coverage Form. 5. Other insurance a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Covered Autos Liability Coverage this Coverage Form provides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own; or (2) Primary while it is connected to a covered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c. Regardless of the provisions of Paragraph a. above, this Coverage Form's Covered Autos Liability Coverage is primary for any liability assumed under an "insured contract". d. 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. 6. Premium Audit a. The estimated premium for this Coverage Form Is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance, if any. The due date for the final premium or retrospective premium is the date shown as the due date on the bill. If the estimated total premium exceeds the final premium due, the first Named Insured will get a refund. b. If this policy is issued for more than one year, the premium for this Coverage Form will be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 9 of 12 Sept. 22, 2020 Item #6 Page 71 of 174 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 99 03 04 (Ed. 7- 08) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 8/1/2020 at 12:01 A. M. standard time, forms a part of (DATE) Policy No. 54303192 of the Federal Insurance Comapny (NAME OF INSURANCE COMPANY) issued to Barnhart-Reese Construction, Inc. Endorsement No. Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for the blanket waiver offered by this endorsement shall be 0.00 % of total California premium. Schedule Person or Organization Job Description Where required by written contract Where required by written contract WC 99 03 04 (Ed. 7-08) Sept. 22, 2020 Item #6 Page 72 of 174 Sept. 22, 2020 Item #6 Page 73 of 174 Endorsement No. 8 Effective Date: 05/01/2020 @12:01 a.m. Standard Time at the address of the Named Insured Policy Number: CM004315-01-2020 Insured Name: Barnhart-Reese Construction, Inc. Issuing Company: AXIS Surplus Insurance Company Additional (Return) Premium: $9, If the Endorsement Effective Date is blank, then the effective date of this Endorsement is the Inception Date of the Policy. ADDITIONAL INSURED (PRIMARY/NON-CONTRIBUTORY) ENDORSEMENT THIS ENDORSEMENT MODIFIES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies the: C-PRO PLUS - CONTRACTOR'S PROFESSIONAL AND POLLUTION LIABILITY POLICY WITH SUBGAP INDEMNITY COVERAGE In consideration of the premium charged, it is agreed that: The persons or organizations listed below shall be considered an additional Insureds under this Policy, but solely as set forth in Section III. DEFINITIONS, Paragraph N.5: Schedule of Additional Insureds: As required by written contract in effect prior to any related Claim It is further agreed that for the additional Insureds listed in the Schedule of Additional Insureds above, Section V. GENERAL CONDITIONS AND LIMITATIONS, Paragraph 0. Other Insurance is amended by adding the following: Solely as respects Coverage B — Contractor's Pollution Liability, this insurance is primary and non- contributory where required by a written contract or written agreement executed prior to the commencement of any associated Pollution Condition giving rise to a Claim made against an Insured designated in the Schedule of Additional Insureds. When this insurance is primary and non-contributory, our obligations are not affected by any other insurance carried directly by such additional Insured whether it is stated to be primary or excess coverage. However, regardless of the provisions above, we will not extend any insurance coverage to such an additional Insured person or organization: (1) That is not available to you under the terms of this Policy; or (2) That is broader than required by the written contract or written agreement referred to above. Nothing in this endorsement shall operate to increase the Limits of Liability of this Policy as shown on the DECLARATIONS. All other terms and conditions of the Policy shall apply and remain unchanged. CM 0069 (Ed. 01 16) Page 1 of 1 Sept. 22, 2020 Item #6 Page 74 of 174 Sept. 22, 2020 Item #6 Page 75 of 174 Policy # CM004315-01-2020 R. Severability Misrepresentations, concealment, breach of condition or violation of any duty under this Policy by one Insured shall not prejudice the interest or coverage of another Insured under this Policy. S. Subrogation and Recovery In the event of any payment under this Policy, we will be subrogated to all of your rights of recovery therefore against any person or organization, and you shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. You shall do nothing to prejudice such rights. We will have no rights of subrogation against any Insured hereunder, or against your clients if prior to the Claim, a waiver of subrogation was so required and accepted under a specific written contractual undertaking by you for such client. Any recoveries shall be applied first to us up to the amount we have paid for Damages, Loss and Claim Expense; then, to you as recovery of Self Insured Retention amounts paid as Damages, Loss and Claim Expense. END OF SECTION CM Sept. 2J,d2 Rid) Item #6 P Jag Aot3e174 Sept. 22, 2020 Item #6 Page 77 of 174 STATEMENT OF DEBARMENT NAME OF PROJECT: Fire Station No. 2 Replacement and Temporary Station NAME OF PROPOSER: Barnhart-Reese Construction, Inc. 1. Have you or any of your subcontractors ever been debarred as an irresponsible proposer by another jurisdiction in the State of California? 0 YES X NO 2. If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: By: fte(i.,r (sign here) West Reese, CEO (print name/title) Page 1 of J. pages of this Redebarment form END OF SECTION STATEMENT OF DEBARMENT -40 Document Version: 1.0 Fire Station No. 2 Replacement and Temporary Station Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 78 of 174 DISCLOSURE OF DISCIPLINE RECORD NAME OF PROJECT: Fire Station No. 2 Replacement and Temporary Station NAME OF PROPOSER: Barnhart-Reese Construction, Inc. Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. I. Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? LI YES X NO 2. Has the suspension or revocation of your contractor's license ever been stayed? O YES X NO 3. Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? O YES X NO 4. Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? O YES X NO Page 1 of 2 pages of this Disclosure of Discipline form DISCLOSURE OF DISCIPLINE RECORD - 41 Document Version: 1.0 Fire Station No. 2 Replacement and Temporary Station Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 79 of 174 DISCLOSURE OF DISCIPLINE RECORD 5. If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. N/A (If needed attach additional sheets to provide full disclosure.) 6. If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. N/A (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: By: (sign here) West Reese, CEO (print name/title) Page 2 of 2 pages of this Disclosure of Discipline form END OF SECTION DISCLOSURE OF DISCIPLINE RECORD -42 Document Version: 1.0 Fire Station No. 2 Replacement and Temporary Station Current Update: June 19, 2020 Document Date: April 14,2020 Sept. 22, 2020 Item #6 Page 80 of 174 NON COLLUSION AFFIDAVIT NAME OF PROJECT: Fire Station No. 2 Replacement and Temporary Station NAME OF PROPOSER: Barnhart-Reese Construction, Inc. The undersigned declares: I am the CEO of Barnhart-Reese Construction , the party making the foregoing Proposal. The Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Proposal is genuine and not collusive or sham. The Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal. The Proposer has not directly or indirectly colluded,' conspired, connived, or agreed with any Proposer or anyone else to put in a sham proposal, or to refrain from bidding. The Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Proposal Price of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the Proposal Price, or of that of any other Proposer. All statements contained in the Proposal are true. The Proposer has not, directly or indirectly, submitted his or her Proposal Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a Proposer that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Proposer. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed July 28 , 20 20 at San Diego California [state]. Signature Name West Reese Title CEO END OF SECTION NON COLLUSION AFFIDAVIT -43 Document Version: 1.0 Fire Station No. 2 Replacement and Temporary Station Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 81 of 174 PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION NAME OF PROJECT: Fire Station No. 2 Replacement and Temporary Station NAME OF PROPOSER: Barnhart-Reese Construction, Inc. Proposer hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations. Name of Proposer: Barnhart-Reese Construction, Inc. DIR Registration Number: 1000000044 DIR Registration Expiration: June 30, 2021 Proposer further acknowledges: 1. Proposer shall maintain a current DIR registration for the duration of the project. 2. Proposer shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of proposal opening and maintain registration status for the duration of the project. 3. Failure to submit this form or comply with any of the above requirements may result in a finding that the proposal is non-responsive. Signature Date July 28, 2020 Name West Reese Title CEO END OF SECTION PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION -44 Document Version: 1.0 Fire Station No. 2 Replacement and Temporary Station Current Update: June 19,2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 82 of 174 DESIGN BUILD AGREEMENT FORM NAME OF BIDDER: Barnhart-Reese Construction, Inc. This Contract No. RFP20-1124FAC is made and entered into this day of , 2020, by and between the City of Carlsbad, a municipal corporation hereinafter called "City," and Barnhart-Reese Construction. Inc. (hereinafter called "Design-Builder"), whose principal place of business is 10805 Thornmint Road, Suite 200. San Diego, CA 92127. The term "Design-Builder" includes his or her agents, representatives, employees, or subcontractors of any tier. VVITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows: SCOPE OF WORK. The Design-Builder shall perform all work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the work required in strict compliance with the Contract Documents for the following: NAME OF PROJECT: Fire Station No. 2 Replacement and Temporary Station ("Project") The Design-Builder and its surety shall be liable to the City for any damages arising as a result of the Design-Builder's failure to comply with this obligation. TIME OF COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City's Notice to Proceed. The Design-Builder shall complete all Work required by the Contract Documents within 425 calendar days from the commencement date stated in the Notice to Proceed. The phrase "calendar day" as used here in the Contract has the meaning of consecutive days. The phrase "working day" as used in this Contract, shall have the same meaning as otherwise defined in Section 6-7.2 of the General Provisions. By its signature hereunder, Design-Builder agrees the time for completion set forth above is adequate and reasonable to complete the Work. CONTRACT PRICE. The City shall pay to the Design-Builder as full compensation for the performance of the Contract, subject to any additions or deductions made in accordance with the Contract Documents, and including all applicable taxes and costs, the sum of Eleven Million. Two Hundred Twenty-Two Thousand. Four Hundred Seventy Two Dollars and Zero Cents Dollars ($ 11,222,472.00 ). Payment shall be made as set forth in Section 9 of the General Provisions. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code section 9203. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Design-Builder will pay the City the sum of $1,000 for each and every consecutive calendar day of delay beyond the time of completion prescribed in the Contract, as Liquidated Damages and not as a penalty or forfeiture. If this is not paid, the Design-Builder agrees the City may deduct that amount from any money due or that may become due the Design-Builder under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents. CONTRACT DOCUMENTS The "Contract Documents" includes the following: DESIGN BUILD AGREEMENT FORM -45 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 83 of 174 DESIGN BUILD AGREEMENT FOEIVZ a Notice Inviting Bids a Instructions to Bidders a Bid Form a Bid Bond or Bid Security • Proposed Subcontractors a Bidder Information • Certificate of Insurance a Statement of Non-debarment • Disclosure of Discipline Record o Non-Collusion Affidavit a Public Works Contractor Registration Certification a Contract a All Addenda * Labor and Materials Bond a Faithful Performance and Warranty Bond a Optional Escrow Agreement (if applicable) a City of Carlsbad General Provisions - Design-Build • Project Criteria a Technical Specifications for the project • Plans and Drawings a Permits • City of Carlsbad, "Standard Specifications and Drawings," as last revised • Standard Specifications for Public Works Construction "Greenbook", latest edition and including all errata o Part 1 General Provisions o Part 2 to Part 8 (Construction Materials, Construction Methods, Existing Improvements, Pipeline System Rehabilitation, Temporary Traffic Control, Street Lighting and Traffic Signal Systems, Landscaping and Irrigation) • Standard Plans for Public Works Construction, latest edition and including all errata • Applicable Local Agency Standards and Specifications, as last revised • Approved and fully executed change orders a Any other documents contained in or incorporated by reference into the Contract Documents The Design-Builder shall complete the Work in strict accordance with the Contract Documents as indicated, specified, and implied. The requirements of the various sections or documents comprising the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. Any items of Work not indicated or specified, but which are essential to the completion of the Work, shall be provided at the Design- Builder's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Design-Builder to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. This Contract shall supersede any prior agreement of the parties. PAYMENT For all compensation for Design-Builder's performance of Work under this Contract, City shall make payment to the Design-Builder per the General Provisions of this Contract. The Engineer will close the DESIGN BUILD AGREEMENT FORM -46 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 84 of 174 DESIGN BUILD AGREEMENT FORM estimate of Work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code section 9203. INDEPENDENT INVESTIGATION Design-Builder has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the Work and is aware of those conditions. The Contract price includes payment for all Work that may be done by Design-Builder, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Design-Builder by City about underground conditions or other job conditions is for Design-Builder's convenience only, and City does not warrant that the conditions are as thus indicated. Design-Builder is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. HAZARDOUS WASTE AND OTHER UNUSUAL CONDITIONS If the Contract involves digging trenches or other excavations that extend deeper than four feet below the surface Design-Builder shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Design-Builder believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. Design-Builder acknowledges review and receipt of the Hazardous Building Materials Survey, attached to the RFP as Attachment H. Design-Builder shall abate all hazardous materials identified in Attachment H, and other hazardous waste identified at the Project, consistent with all applicable law. Regarding those conditions unrelated to Attachment H, the City shall promptly investigate those conditions. City shall issue a change order under the procedures described in this Contract if City finds that the conditions: 1. do materially differ from those conditions referenced in Attachment H, or 2. do involve other hazardous waste unrelated to Attachment H, and 3. such discovery causes a decrease or increase in Design-Builder's costs of, or the time required for, performance of any part of the Work. If a dispute arises between City and Design-Builder whether the conditions (1) materially differ from those identified in Attachment H, or (2) involve additional hazardous waste unrelated to Attachment A, or (3) cause a decrease or increase in the Design-Builder's cost of, or time required for, performance of any part of the Work, Design-Builder shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. Design-Builder shall retain any and all rights provided either by this Contract or by law which pertain to the resolution of disputes and protests between the contracting parties. MMIGRATION REFORM AND CONTROL ACT Design-Builder certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1524) and has complied and will comply with these requirements, including, DESIGN BUILD AGREEMENT FORM -47 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 85 of 174 DESIGN BUILD AGREEMENT FORM but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. PREVAILING WAGES. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773. A copy of a schedule of said general prevailing wage rates is available at http://www.dinca.gov, on file in the office of the City Engineer and is incorporated by reference in this Contract. Pursuant to California Labor Code, section 1774, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Contractor shall comply with California Labor Code, section 1776, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. INDEMNIFICATION. For that portion of the Work governed by Civil Code section 2782.8: A. Design-Builder shall assume the defense of, pay all expenses of defense that do not exceed the Design-Builder's proportionate percentage of fault, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability related to Design-Builder's negligence, recklessness, or willful misconduct, directly or indirectly arising from or in connection with the performance of the Contract or Work; or from any failure or alleged failure of Design-Builder's negligence, recklessness, or willful misconduct to comply with any applicable law, rules or regulations including those relating to safety and health; except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method that do not exceed the Design- Builder's proportionate percentage of fault. Design-Builder shall also defend and indemnify the City against any challenges to the award of the Contract to Design-Builder to the extent such challenges relate to Design-Builder's negligence, recklessness, or willful misconduct, and Design-Builder will pay all costs, including defense costs for the City that do not exceed the Design-Builder's proportionate percentage of fault. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Design-Builder shall also defend and indemnify the City against any challenges to the award of the Contract to Design-Builder, arising in whole or in part from alleged inaccuracies or misrepresentation by the Design-Builder to the extent such challenges relate to Design.- Builder's negligence, recklessness, or willful misconduct, and Design-Builder will pay all costs, including defense costs for the City that do not exceed the Design-Builder's proportionate percentage of fault. Defense costs include the cost of separate counsel for City, if City requests separate counsel. For that portion of the Work not governed by Civil Code section 2782.8: B. Design-Builder shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Design-Builder to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or DESIGN BLUM AGREEMENT FORM -48 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 86 of 174 DESIGN BUILD AGREEMENT FORM willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Design-Builder shall also defend and indemnify the City against any challenges to the award of the contract to Design-Builder, and Design-Builder will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Design-Builder shall also defend and indemnify the City against any challenges to the award of the contract to Design-Builder, arising in whole or in part from alleged inaccuracies or misrepresentation by the Design-Builder, whether intentional or otherwise, and Design-Builder will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. INSURANCE Design-Builder shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the Work hereunder by the Design-Builder, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy # 70. A. Coverages and Limits: Design-Builder shall maintain the types of coverages and minimum limits indicated herein: 1. Commercial General Liability (CGL) Insurance: Insurance Services Office (ISO) Form CG 00 01 covering CGL written on an "occurrence" basis, including products-completed operations, personal & advertising injury, with limits no less than $5,000,000 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. 2. Business Automobile Liability Insurance: $5,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the Contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. 3. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. 4. Professional Errors and Omissions Insurance: Throughout the duration of this Contract and four (4) years thereafter, the Design Engineer shall maintain professional errors and omissions insurance (professional liability) for Work performed in connection with this Contract in the minimum amount of five million dollars ($5,000,000). Design-Builder shall provide evidence of compliance with these insurance requirements by providing a Certificate of Insurance. 5. Builders Risk (Course of Construction): Throughout the design-build period until final completion of the Project, a Project specific Builder's Risk (Course of Construction) insurance policy, covering all Work other than design (including testing and commissioning) at the Project site, while in transit and at any temporary off-site location; all materials supplies, machinery, fixtures and equipment intended to become a permanent part of the Project or for permanent use in the Project or incidental to the DESIGN BUILD AGREEMENT FORM -49 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 87 of 174 DESIGN BUILD AGREEMENT FORM construction; all temporary structures that are to be used in or incidental to the fabrication, erection, testing, or completion of the Project to the extent the cost thereof is included in the Work upon which the contract price is based, while on or about the Project site awaiting or during construction. The Builder's Risk policy: a) shall be written on a completed value basis in an amount not less than the full replacement value of the Project ($13,000,000); b) shall be written on an "All Risk" (Special Perils) coverage form, including reinstatement of limit after loss and no coinsurance penalty provisions; c) shall specifically cover loss or damage arising out of faulty workmanship or materials or design error; d) shall include coverage for delay costs to a maximum amount of $1,000 per day to include loss of revenue, loss of investment income, continued payment of debt service, and the costs of Project redesign if a covered loss ensues as a result of a design error. The City shall provide information as reasonably requested by the Design-Builder or insurance company, where necessary to complete insurance applications. The Builder's Risk insurance policy shall extend until final completion of the Project. B. Pollution/Environmental Impairment Liability: $2,000,000 per loss and annual aggregate applicable to bodily injury; property damage, including loss of use of damaged property or of property that has not been physically damaged or destroyed; clean-up costs, including first party cleanup of the City's property and third party cleanup, and bodily injury costs if Project pollutants impact other properties; and defense, including costs, fees and expenses incurred in the investigation, defense, or resolution of claims. Coverage shall include completed operations and shall apply to sudden and non-sudden pollution conditions. Coverage shall apply to construction activities and to acts, errors or omissions arising out of, or in connection with, Design-Builder's scope of work under this Contract. Coverage shall also apply to non-owned deposit sites or "NODS" that shall protect against, for example, claims regarding bodily injury, property damage, or cleanup costs involving NODS. Coverage may be arranged under a Design-Builder's Pollution Liability policy, as part of a Professional Liability policy, by any combination thereof, or by other insurance meeting the requirements of Section 12, if pollution liability coverage is provided for both construction activities and professional services. Coverage shall include transport and disposal of contaminants (including asbestos and lead) and shall include liability assumed under contract. Coverage is preferred by the City to be occurrence based. However, if provided on a claims-made basis, Design-Builder warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract, and that continuous coverage shall be maintained or an extended discovery period will be exercised for a period of five (5) years beginning from the time Work under this Contract is completed. DESIGN BUILD AGREEMENT FORM -50 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 88 of 174 DESIGN BUILD AGREEMENT FORM B. Additional Provisions: Design-Builder shall ensure that the policies of insurance required under this Contract with the exception of Workers' Compensation, Pollution Liability and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions: 1. The City, its officials, employees, and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Design- Builder; products and completed operations of the Design-Builder; premises owned, leased, hired or borrowed by the Design-Builder. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. 2. The Design-Builder's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the Design-Builder's insurance and shall not contribute with it. 3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. 4. Coverage shall state that the Design-Builder's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. C. Notice of Cancellation: Each insurance policy required by this Contract shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. D. Deductibles and Self-Insured Retention (SIR.) Levels: Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the Design-Builder shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. E. Waiver of Subrogation: All policies of insurance required under this Contract shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials, employees, or volunteers. F. Subcontractors: Design-Builder shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all requirements stated in this Section 12. G. Acceptability of Insurers: Insurance must be placed with insurers admitted to conduct the business of insurance in the State of California that have a rating in Best's Key Rating Guide of at least A-: VII, or with a surplus line carrier appearing on the List of Approved Surplus Line Insurers, ("LASLI") with a Best's Key Rating Guide of at least A: X. Insurers, and corresponding policies required by this Section, must also comply with all other aspects of City Council Policy # 70. DESIGN BUILD AGREEMENT FORM -51 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 89 of 174 DESIGN BUILD AGREEMENT FORM H. Verification of Coverage: Design-Builder shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this Contract. The certificates and endorsements for each insurance policy required by the Contract must be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements must be in forms approved by the City and must be received and approved by the City before the Contract is executed by the City. I. Cost of Insurance: The Cost of all insurance required under this Contract shall be included in the Design-Builder's bid. J. Errors and Omissions: If the City determines that the Design-Builder's negligence, misconduct, errors or omissions in the performance of Work under this Contract has resulted in expense to City greater than would have resulted if there were no such negligence, errors or omissions in the plans or Contract specifications, Design-Builder shall reimburse City for all additional expenses incurred by the City, including engineering, construction or restoration expense. Nothing in this Contract is intended to limit City's rights under any other section of the Contract Documents. CLAIMS AND LAWSUITS. All claims by Design-Builder shall be resolved in accordance with Public Contract Code section 9204. In addition, all claims by Design-Builder for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104). If a conflict arises between section 9204 and Article 1.5, section 9204 shall apply. Notwithstanding the provisions of this section of the Contract, all claims shall comply with the Government Tort Claims Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this Contract. i. Assertion of Claims. Design-Builder hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this Contract and not in anticipation of litigation or in conjunction with litigation. False Claims. Design-Builder acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Design-Builder may be subject to criminal prosecution. Government Code. Design-Builder acknowledges that California Government Code section 12650 et seq., and the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. iv. Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. v. Debarment for False Claims. Design-Builder hereby acknowledges that the filing of a false claim may subject the Design-Builder to an administrative debarment proceeding wherein the Design-Builder may be prevented from further bidding on public contracts for a period of up to five years. DESIGN BUILD AGREEMENT FORM -52 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item 4*6 Page 90 of 174 DESIGN BUILD AGREEMENT FORM vi. Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. vii. Debarment from Other Jurisdictions. Design-Builder hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Design-Builder or subcontractor from participating in future contract bidding. viii. jurisdiction. Design-Builder agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Contract is San Diego County, California. MAINTENANCE OF RECORDS. Design-Builder shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Design-Builder does not maintain the records at Design-Builder's principal place of business as specified above, Design-Builder shall so inform the City by certified letter accompanying the return of this Contract. Design-Builder shall notify the City by certified mail of any change of address of such records. LABOR CODE PROVISIONS. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. SECURITY. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this Contract for any obligation established by this Contract. Any other security that is mutually agreed to by the Design-Builder and the City may be substituted for monies withheld to ensure performance under this Contract. UNFAIR BUSINESS PRACTICES. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the Design-Builder or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Design-Builder, without further acknowledgment by the parties. PROVISIONS REQUIRED BY LAW AND DESIGN-BUILDER COMPLIANCE. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein. If, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. The Design- Builder shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to the Work. BIDDER'S BOND CONDITIONS. DESIGN BUILD AGREEMENT FORM -53 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19,2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 91 of 174 DESIGN BUILD AGREEMENT FORM A. If the City shall accept the bid or proposal of the Design-Builder within the time specified in the request for proposals ("Proposal"), or within such time period as may be agreed to by the City and Design-Builder, the Design-Builder shall: 1. Enter into a Contract with the City in accordance with the terms of such Proposal. 2. Provide the City with such performance and payment bonds required by the request for proposals, with a corporate surety admitted in the jurisdiction of the Project and otherwise acceptable to the City. B. If Design-Builder fails without cause to perform the obligations of the Bond, then Design- Builder shall pay to the City the difference, not to exceed the amount of the Bond, between the amount specified in the Proposal and such larger amount for which the City may in good faith contract with another party to perform the work covered by said Proposal. 1. Payment of the Bond Amount is the extent of the Surety's liability to the City for default under the Bond. C. If Design-Builder shall perform the obligations, then this obligation shall be null and void, otherwise to remain in full force and effect. D. The Design-Builder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the City in the Bond Amount set forth above, as provided herein. E. Upon default of Design-Builder of the Bond, payment shall be due and payable to the City within thirty (30) calendar days of receipt by both the Design-Builder and Surety of written Notice of Default from the City. The notice shall be given by the City with reasonable promptness, identifying the Bond and the Project and including a statement of the amount due and the basis for such calculation. F. The Surety waives notice of, and any defenses based on or arising out of, any time extension to issue Notice of Award agreed to in writing by the City and Design-Builder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed ninety (90) days from the date the Proposal was due. Any further extension of time requires the Surety's written consent. G. No suit or action shall be commenced under the Bond prior to thirty (30) calendar days after the Notice of Default required above is received by Design-Builder and Surety and in no case later than one (1) year after Proposal due date. 1. If the Design-Builder declares bankruptcy, the Surety agrees that the Design-Builder is not a necessary or indispensable party to any suit or action by the City against the Surety to enforce the Surety's obligations under the Bond. H. If the Bond has been furnished to comply with a statutory requirement in the location where the Project is located, then any provision in the Contract that conflicts with a statutory requirement shall be deemed deleted and replaced by provisions conforming to such statutory requirement. The intent is that the Bond shall be construed as a statutory bond conforming to the applicable statutes. I. No right of action shall accrue on the Bond to any person or entity other than the City or its executors, administrators, or successors, unless some other party is named in the Bond as a dual obligee. J. Unless otherwise noted on the Bond, written notice under the Bond to Surety, the City or Design-Builder shall be mailed or delivered to the address shown on the first page of the Bond. K. The Surety represents that it is admitted to act as an authorized corporate surety in the State of California. Surety and Design-Builder, intending to be legally bound hereby, subject to the DESIGN BUILD AGREEMENT FORM -54 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 92 of 174 DESIGN BUILD AGREEMENT FORM terms of the Contract, do each cause the Bond to be duly executed on its behalf by its authorized officer, agent, or representative. L. If the Bond is issued in connection with a subcontractor's proposal to a Design-Builder, the term Design-Builder in the Bond shall be deemed to be Subcontractor and the term the City shall be deemed to be Design-Builder. LABOR AND MATERIALS BOND CONDITIONS. A. The Design-Builder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay for labor, services, materials and equipment furnished by Claimants for use in the performance of the Design-Build Contract. B. If the Design-Builder promptly makes payment of all sums for all labor, services, materials, and equipment furnished for use in the performance of the Design-Build Contract, then the Surety's obligations under this Bond are null and void. Otherwise the Surety's obligations shall remain in full force and effect. C. Every Claimant who has not been paid in full before the expiration of a period of ninety (90) days after such Claimant provided or performed the last of the work, services or labor, or furnished the last of the materials or equipment for which said claim is made, may have a right of action on this Bond. 1. Claimants shall provide written notice to the Surety and send a copy, or notice thereof, to City and Design-Builder, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim, and the last date such work, services or labor were performed, or the last materials or equipment were furnished in furtherance of the Design-Build Contract. 2. If Claimant does not have a direct contract with Design-Builder, the notice shall identify the person or entity with whom Claimant contracted and who has not made payment to Claimant. D. When a Claimant has satisfied the conditions above, the Surety shall promptly take the following actions at the Surety's expense: 1. Send an answer to that Claimant, with a copy to the City and Design-Builder, within sixty (60) days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any disputed portions or amounts. 2. Pay or arrange for payment of any undisputed amounts. E. The Surety's total obligation shall not exceed the Bond Amount, plus the amount of reasonable attorney's fees provided for in the Contract. 1. If the Surety fails to discharge its obligations under Section 20(D) above, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to successfully recover any sums found to be due and owing to the Claimant. If Claimant does not recover the entire amount claimed in its notice under Section 20(C) above, then such attorney's fees shall be reduced in proportion to the amount actually recovered. 2. The Surety shall not be liable to the City, Claimants or others for obligations of the Design-Builder that are unrelated to the Design-Build Contract, and the Contract Balance shall not be reduced or set off on account of any such unrelated obligations. F. The Surety hereby waives notice of changes to the Design-Build Contract, including changes within the general scope, or of time or price, or to related subcontracts or purchase orders. G. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the State in which the Project is located. Such suit or action must be DESIGN BUILD AGREEMENT FORM -55 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 93 of 174 DESIGN LUILD AGREEMENT FORM filed within one (1) year from the date: a) on which the Claimant sent a claim to the Surety; or, b) on which the Claimant last performed labor or services or furnished materials or equipment on the Project, whichever occurs first. If the provisions are prohibited by law, the minimum period of limitation available to sureties in the jurisdiction in which the Project is located shall be applicable. 1. If the Design-Builder declares bankruptcy, the Surety agrees that the Design-Builder is not a necessary or indispensable party to any legal action by any party against the Surety to enforce the Surety's obligations under this Bond. H. If this Bond has been furnished to comply with a statutory requirement in the location where the Project is located, then any provision herein that conflicts with a statutory requirement shall be deemed deleted and replaced by provisions conforming to such statutory requirement. The intent is that this Bond shall be construed as a statutory bond conforming to the applicable statutes. I. Upon written request of any person or entity appearing to be a potential Claimant on this Bond, Design-Builder shall promptly furnish a copy of this Bond or shall permit a copy to be made. J. A Claimant is any individual or entity having a direct contract with the Design-Builder or having a contract with a subcontractor that has a direct contract with the Design-Builder to furnish services, labor, materials or equipment for use in the performance of the Design-Build Contract. 1. A Claimant may include amounts owed by the Design-Builder for design and other professional services furnished or performed by Claimant regardless of whether such services might form the basis for a mechanic's lien under applicable State law. K. Unless otherwise noted below, written notice under this Bond to Surety, City:or Design- Builder shall be mailed or delivered electronically or by hard mail to the contact information on this Contract. L. If this Bond is issued for a Contract between the Design-Builder and a subcontractor, the term Design-Builder in this Bond shall be deemed to be the bonded subcontractor and the term City shall be deemed to be Design-Builder. M. The Surety represents that it is admitted to act as an authorized corporate surety in the state in which the Project is located. Surety and Design-Builder, intending to be legally bound hereby, subject to the terms set out above, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. PERFORMANCE AND WARRANTY BOND CONDITIONS. A. The Design-Builder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the City for the performance of the Design-Build Contract. B. If the Design-Builder performs its obligations under the Design-Build Contract, then the Surety's obligations under this Bond are null and void, except to participate in meetings. C. The Surety hereby waives notice of changes to the Design-Build Contract, including changes within the general scope, or of time or price, or to related subcontracts or purchase orders. D. If there is no default in the City obligations under the Design-Build Contract, then the Surety's obligation under this Bond shall arise after the following steps have been taken by the City, as a condition precedent to a Bond claim: 1. The City has first provided written notice to the Design-Builder and Surety, that the City is considering declaring the Design-Builder in default and has requested and DESIGN BUILD AGREEMENT FORM - 56 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 94 of 174 DESIGN BUILD AGREEMENT FORM attempted to arrange a meeting with the Design-Builder and Surety, to be held not later than fourteen (14) days after receipt of City's notice, to discuss methods of performing the Design-Builder's obligations under the Design-Build Contract. If the City, Design-Builder and Surety agree, the Design-Builder shall be allowed a reasonable time to perform its obligations under the Design-Build Contract, but such an agreement shall not waive the City's right, if any, subsequently to declare the Design-Builder in default; 2. The City declares the Design-Builder to be in default, terminates the Design-Build Contract and notifies the Surety in writing; and 3. The City has agreed to pay the balance remaining under the Design-Build Contract (i.e., the total amount payable by the City to the Design-Builder thereunder less amounts properly paid by the City to the Design-Builder, the "Contract Balance") to: . 1.The Surety, in accordance with the terms of the Design-Build Contract; or 2.Another design-builder selected pursuant to requirements below to perform the remaining obligations under the Design-Build Contract. E. When the City has satisfied the conditions of Section 21(D) above, the Surety shall promptly take one of the following actions, at the Surety's expense: I. Arrange for the Design-Builder to perform and complete the remaining obligations under the Design-Build Contract, with consent of the City; 2. Undertake to perform and complete the remaining obligations under the Design-Build Contract itself, through its agents or through independent contractors; 3. Obtain bids or negotiated proposals from qualified design-builders acceptable to the City for a contract for performance and completion of the Design-Build Contract, arrange for a contract to be prepared for execution by the City and a design-builder selected with the City's concurrence, to be secured by performance and payment bonds equivalent to those for the Design-Build Contract, issued by a qualified surety. The Surety shall: 1. make available as work progresses sufficient funds to pay the cost of completion of the Design-Build Contract; and, 2. pay to the City the amount of damages as described in Section 21(G) below; 4. Waive its right to complete the work under Section 21(D) above, and reimburse the City the amount of its reasonable costs to complete the Work; or 5. Deny liability, in whole or in part, and notify the City in writing, citing reasons therefor. F. If the Surety does not proceed as provided in Section 21(E) with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven (7) days after receipt of an additional written notice from the City to the Surety demanding that the Surety perform its obligations under this Bond and stating that the City shall be entitled to enforce any remedy available to the City. If the Surety proceeds as provided in Section 21(E)(4) above, and the City refuses the payment, or the Surety has denied liability, in whole or in part, under Section 21(E)(5) above, the City shall be entitled without further notice to enforce any remedy available to it. G. In any event, the Surety's obligations to the City, and the City's obligations to the Surety, shall not be greater than those of the City and Design-Builder to each other, respectively, under the Design-Build Contract. Subject to commitment by the City to payment of the Contract Balance, the Surety is obligated without duplication for: DESIGN BUILD AGREEMENT FORM -57 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 95 of 174 DESIGN BUILD AGREEMENT FORM 1. The responsibilities of Design-Builder for correction of defective Work and completion of the Project; 2. Additional legal, design professional and delay costs resulting from Design-Builder's default, and resulting from the actions or failure to act of Surety under Section 21(E); and 3. Liquidated damages, or if no liquidated damages are specified in the Design-Build Contract, actual damages caused by delayed performance or non-performance of Design-Builder. H. If the Surety elects to act under Section 21(E), the Surety's total liability shall not exceed the Bond Amount. 1. The Surety shall not be liable to the City or others for obligations of the Design- Builder that are unrelated to the Design-Build Contract, and the Contract Balance shall not be reduced or set off on account of any such unrelated obligations. I. No right of action shall accrue on this Bond to any person or entity other than the City or its heirs, executors, administrators, or successors, unless some other party is named in this Bond as a dual obligee. J. All lawsuits regarding this Bond shall be filed pursuant to Section 13. 1. Any lawsuit filed pursuant to Section 13 shall be commenced within two (2) years after: a) the City declares the Design-Builder in default under Section 21(D); Or, b) Substantial Completion of the Project, whichever occurs first. If the provisions of this Section 21U) are prohibited by law, the minimum period of limitation available to sureties in the jurisdiction in which the Project is located shall be applicable. • 2. If the Design-Builder declares bankruptcy, the Surety agrees that the Design-Builder is not a necessary or indispensable party to any legal action by the City against Surety to enforce the Surety's obligations under this Bond. K. Unless otherwise noted below, written notice under this Bond to Surety, the City or Design- Builder shall be mailed or delivered electronically or by hard mail to the contact information on the Contract. L. If this Bond has been furnished to comply with a statutory requirement in the location where the Project is located, then any provision herein that conflicts with a statutory requirement shall be deemed deleted and replaced by provisions conforming to such statutory requirement. The intent is that this Bond shall be construed as a statutory bond conforming to the applicable statutes. M. The Surety's obligations to the City for warranties of the Design-Builder shall be the same as those required of the Design-Builder under the Design-Build Contract, subject to the time limitation in Section 21(J). Unless otherwise stated below, the Surety's obligation for such warranties excludes: 1. products, materials or equipment covered by a manufacturer's separate warranty; and 2. claims by the City first noticed to Surety in writing more than one year after the effective date of such warranty as specified under the Design-Build Contract. N. The Surety represents that it is admitted to act as an authorized corporate surety in the state in which the Project is located. Surety and Design-Builder, intending to be legally bound DESIGN BUILD AGREEMENT FORM -58 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 96 of 174 DESIGN BUILD AGREEMENT FORM hereby, subject to the terms set out above, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRAc.7,TOR/ DESIGN-BUILDER: CITY OF CARLSBAD, in the State of California riv kext4- I?eere(?e,vic'ehligtvy. (name of Contractor/ Design-Builder) ATTEST: By: sign here) 1 a rYkdi& -ere )re-S (print name name and title) Secretary By: (sign here) (A)c1 -cej, Co (print name and etitle) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. Approved as to form this day of 20 Attorney for City of Carlsbad END OF CONTRACT DESIGN BUILD AGREEMENT FORM -59 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 97 of 174 ELAINE C NICOURNEY -WILSON I Commission No. 2183895 A NOTARY PUBLIC-CALIFORNIA 0 SAN DIEGO COUNTY My Co Expires himpfi 18, 2021 mm CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sacramento On August 26, 2020 , before me, Elaine C. McBurney-Wilson, Notary Public, personally appeared Tamela Barnhart Reese and West Reese who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity(ies), and that by her signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. PLACE NOTARY SEAL ABOVE WITNESS my hand and official seal. SIGNATURE Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of attached document Title or type of document: Design-Build Agreement Form Document Date: August 26, 2020 Number of Pages: 15 Signer(s) other than named above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Tamela Barnhart Reese I West Reese iz Corporate Officer — Title(s): President I CEO El Partner — Limited El General LI Individual El Attorney in Fact El Trustee 171 Guardian or Conservator LI Other: Signer is representing: Barnhart-Reese Construction. Inc. Sept. 22, 2020 Item #6 Page 98 of 174 Bond No. 82447718 Premium Included in Performance Bond LAT. OE AND MATERIAL BO KNOW ALL PERSONS BY THESE PRESENTS THAT WHEREAS, the City of Carlsbad (hereinafter designated as the "City"), by action taken or a resolution passed on 20 has awarded to Barnhart-Reese Construction, Inc. hereinafter designated as the "Principal," a contract for the work described as follows: Contract No. RFP20-1124FAC Name of Project: Fire Station No. 2 Replacement and Temporary Station (the "Project"); and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and Federal Insurance Company as Surety, are held and firmly bound unto the City in the penal sum of Eleven Million Two Hundred Twenty-Two Thousand Four Hundred Seventy Two and no/100 Dollars ($ 11,222,472.00 ), for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, her/his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and her/his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or LABOR AND MATERIAL BOND -60 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 99 of 174 LAA0 . AND MATERIAL BOND modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of her/his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. In the event that Principal is an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. [REMAINDER OF PAGE LEFr INTENTIONALLY BLANK] LABOR AND MATERIAL BOND-Si Fire Station No, 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 100 of 174 By: LABOR AND MATERIAL BOND Executed by CONTRACTOR this 2 clA Executed by SURETY this 21.st day day of Act3v..ii' , 20 20 of August 320 20 CONTRACTOR: Barnhart-Reese Construction, Inc. (name of Contractor) By: (sign here) CA. VIA-C-1 (print name here) (title and organization of signatory) SURETY: Federal Insurance Company (name of Surety) 555 South Flower Street, 3rd Floor, Los Angeles, CA 90071 (address of Surety) (213) 612-5511 (telephone number of Surety) (signature of Attorney-in-Fact) Jeri Apodaca, Attorney in Fact By: (printed name of Attorney-in-Fact) (sign here) (attach corporate resolution showing current power of attorney) (print name here) (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: General Counsel By: Deputy General Counsel END OF LABOR AND MATERIALS BOND LABOR AND MATERIAL BOND -62 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 101 of 174 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _ Orange AUG,B 1 2020 before me, Date personally appeared Le-Kim H. Luu, Notary Public Here Insert Name and Tille of the Officer Jeri Apodaca Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph MV1 H. LIAJ is true and correct. COMMISSION* 2316198 3 .0 Notary Public- California g- ORANGE couNTY E:re_s Dec 1? 2O23 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(jes) Maimed by Signer(s) Signer's Name: _ Corporate Officer — Title(s): _ Partner — Limited General Individual x Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: ari.j" ar, 4•• a, a -.die se It! IV fr WITNESS my hand and official seal. Signature Signer's Name: Corporate Officer — Title(s): Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: ©2014 National Notary Association • wvvw.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Sept. 22, 2020 Item #6 Page 102 of 174 IHUB Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Rhonda C. Abel, Jeri Apodaca, Reece Joel Diaz, Kim Luu, Michael D. Parizino, Rachelle Rhea ult, Heather Saltarelli and James A. Schaller of Newport Beach, California each as their true and lawful Attomey-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertaking and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said Kh_DERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 25" day of March, 2020. 10A1Z I lawn i1 Cliiio ANsist:in t Sccretary Stephen NI I lant..y. Vice President STATE OF NEWJERSEY County of Hunterdon ss. On this 25th day of March, 2020 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, to me known to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn. severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such officers were duly affixed mid subscribed by like authority. Notarial Seal KATHERINE J. ADELAAR NOTARY PUBLIC OF NEW JERSEY No. 2316655 Commission Expires July as, 2024 CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December II, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20,2009; 'RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company entered into in the ordinary course of business (each a "Written Commitment"): (1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise. (2) Each duly appointed attomey-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that sudi action is authorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact. (3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to appoint in writing any person the attorney- in-fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the Company as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commimients. (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested.' I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (ii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station, NJ, this AUG 1 AUG. 2020 C)tturt,--T6.1. \i1.).A.B<. lttt:mt U. t hit irt Asqsitint Sc,„Teta6:' IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT: Telephone (908)903-3493 Fax (908) 903-3656 e-mail surety@chubb.com Combined: 13eptP2VZICHIRDv. 11-19) Item #6 Page 103 of 174 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sacramento On August 25, 2020 , before me, Elaine C. McBurney-VVilson, Notary Public, personally appeared Tamela Barnhart Reese who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity(ies), and that by her signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. ELAINE C MCBURNEY -WILSON I Commission No. 2183895 (.1 z n z NOTARY RUELFC-CALIFORRIA 2 SAN DIEGO COUNTY My Comm Expires MA1391.118, 2021 I PLACE NOTARY SEAL ABOVE WITNESS my hand and official seal. SIGNATURE Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of attached document Labor and Material Bond - Carlsbad Title or type of document: Fire Station No. 2 Replacement Document Date: August 21, 2020 Number of Pages: 3 Signer(s) other than named above: Jeri Apodaca, Attorney-in-Fact Capacity(ies) Claimed by Signer(s) Signer's Name: Tamela Barnhart Reese Corporate Officer —Title(s): President LI Partner — LI Limited LI General [1] Individual 111 Attorney in Fact 1=I Trustee 111 Guardian or Conservator LI Other: Signer is representing: Barnhart-Reese Construction, Inc. Sept. 22, 2020 Item #6 Page 1_04 of 174 Bond No. 82447718 Premium $83,846.00 FAITHFUL P.7a.FORIVIANCE AND WAR NTY BOND KNOW ALL PERSONS BY THESE PRESENTS That WHEREAS, the City of Carlsbad (hereinafter designated as the "City"), by action taken or a resolution passed on 20 , has awarded to Barnhart-Reese Construction, Inc. hereinafter designated as the "Contractor," a contract for the work described as follows: Contract No. RFP20-1124FAC Name of Project: Fire Station No. 2 Replacement and Temporary Station (the "Project"); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated , (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance and warranty of said Contract Documents. NOW THEREFORE, we, Barnhart-Reese Construction, Inc. the undersigned Contractor and Federal Insurance Company as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound Eleven Million Two Hundred Twenty-Two Thousand Four Hundred Seventy Two and no/100 unto the City in the sum of dollars, ($ 11,222,472.00 ), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, her/his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning; and shall indemnify and save harmless the City, its Council, members of the Council, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in enforcing such obligation, all to be taxed as costs and included in any judgment rendered. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall FAITHFUL PERFORMANCE AND WARRANTY BOND- 63 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 105 of 174 FAITHFUL P=FOI_NIANCE E_ND WARRANTY BOND continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or Obtain a proposal or proposals for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible proposer, arrange for a Contract between such proposer, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a proposal from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] FAITHFUL PERFORMANCE AND WARRANTY BOND- 64 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 106 of 174 By: (signat e of Atro7n7ey-in-Fact) Jeri Apodaca, Attorney in Fact FAITHFUL PERFORMANCE AND WARRANTY BOND Executed by CONTRACTOR this 5/72 day of A.A3u_s-t4 , CONTRACTOR: Barnhart-Reese Construction, Inc. Executed by SURETY this 21st day of August , 20 20 . SURETY: Federal Insurance Company (name of Contractor) By: (sign here) vtAziet /Ze-ese (pri0 name here) )-€ç 6u2....3- (title and organization of signatory) By: (sign here) (print name here) (title and organization of signatory) (name of Surety) 555 South Flower Street, 3rd Floor, Los Angeles, CA 90071 (address of Surety) (213) 612-5511 (telephone number of Surety) (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: General Counsel By: Deputy General Counsel END OF PERFORMANCE AND WARRANTY BOND FAITHFUL PERFORMANCE AND WARRANTY BOND- 65 Document Version: 1.0 Fire Station No. 2 Replacement and Temporary Station Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 107 of 174 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 vote,. _Ter,—Swe•rsvt! A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange. Aa2 2020 On before me, _ Date personally appeared Le-Kim H. Luu, Notary Public Here Insert Name and Title of the Officer Jeri Apodaca Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. MCIMH.LUU COMMISSION #2316198 • § .0 Notary Public. California ci ORANGE COUNTY — Dec..17L2lTi I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: _ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer — Title(s): _ Corporate Officer — Title(s): Partner — Limited General Partner — Limited General Individual x Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other: Signer Is Representing: Signer Is Representing: IV( V, IVA dir IV MO lit• .15/ en/V Or Cr Or 41104,110 "'W /X IF S W MA • DI 02014 National Notary Association www.NationalNotaryorg 1-800-US NOTARY (1-800-876-6827) Item #5907 Sept. 22, 2020 Item #6 Page 108 of 174 C H L,I 7-1 E3 Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Rhonda C. Abel, Jeri Apodaca, Reece Joel Diaz, Kim Luu, Michael D. Parizino, Rachelle Rheault, Heather Saltarelli and James A. Schaller of Newport Beach, California each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 2Sth day of March, 2020. e.9\150.A.EZ -76setv--m. [kiwi) '.11 i•:SiSt:.111t Sccretury Qphifn I. Haney . Vice Preisi dent STATE OF NEWJERSEY County of Hunterdon SS. On this 25th day of March, 2020 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, to me lmown to be Assistant Secretary and Vice President, respectively. of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY. WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof that the seals affixed to the foregoing Power of Attomey are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal KATHERINE J. ADELAAR NOTARY PUBLIC OF NEW JERSEY Na. 2316685 Commission Expires July 15, 2024 CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30.2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11,2006; and ACE AMERICAN INSURANCE COMPANY on March 20,2009: "RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company entered into in the ordinary course of business (each a "Written Commitment") (I) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal ofthe Company or otherwise. (2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact. (3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to appoint in writing any person the attorney- in-fact of the Company with full power and authority to execute, for and on behalf of the Company. under the seal of the Company or otherwise, such Written Commitments of the Company as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise. such Written Commitments of the Company as are specified in such written delegation, which specification may be by general type or class of Written Commitments or by specificarion of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested" I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (ii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station, NJ. this AUG.2 1 2020 fJolisK_N•ls e9iLouY. [ ti.);11 Al. I 31100 Id, .A.ssistant S‘vrctary' IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER. PLEASE CONTACT US AT: Telephone (908) 903- 3493 Fax (908) 903-3858 e-mail: surety@chubb.com Combined: EEePtPUF,IC2412Rv. 1 9) Item #6 Page 109 of 174 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sacramento On August 25, 2020 , before me, Elaine C. McBurney-Wilson, Notary Public, personally appeared Tamela Barnhart Reese who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity(ies), and that by her signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. 1 -• ELAINE C MCKINNEY -WILSON 13 Commission No. 2183895 NOTARY PUBLIC-CALIFORNIA 2 Z SAN DIEGO COUNTY My Comm Expires MARCH18. 2021 WITNESS my hand and official seal. SIGNATURE PLACE NOTARY SEAL ABOVE Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of attached document Faithful Performance & Warranty Bond - Carlsbad Title or type of document: Fire Station No. 2 Replacement Document Date: August 21, 2020 Number of Pages: 3 Signer(s) other than named above: Jeri Apodaca, Attorney-in-Fact Capacity(ies) Claimed by Signer(s) Signer's Name: Tamela Barnhart Reese EZI Corporate Officer —Title(s): President O Partner — 0 Limited D General O Individual 0 Attorney in Fact O Trustee 0 Guardian or Conservator O Other: Signer is representing: Barnhart-Reese Construction, Inc. Sept. 22, 2020 Item #6 Page 110 of 174 OPTIONAL ESCROW AGREEMENT NAME OF PROJECT: Fire Station #2 Replacement and Temporary Station NAME OF PROPOSER: Barnhart-Reese Construction ,Inc. This Escrow Agreement for Security Deposits in Lieu of Retention is made and entered into by and between the City of Carlsbad, a municipal corporation, whose address is 1635 Faraday Ave, Carlsbad, California, 92008, hereinafter called "City" and Barnhart-Reese Construction ,Inc. whose address is 10805 Thornmint Road, 4200 San niean, CA 92177 hereinafter called "Contractor" and U.S. Bank whose address is 4747 Executive Drive, 3rd Floor San Diego. CA 92121 hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to section 22300 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for in the amount of $11,222,472.00 dated August 25, 2020 (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. OPTIONAL ESCROW AGREEMENT -66 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 111 of 174 OPTIONAL ESCROW AGREEMENT 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that the City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City Title (Finance Director) Name Signature Address 10805 Thornmint Road, #200 San Diego, CA 92127 For Contractor Title President Name Tamela Barnhart-Reese Signature Address For Escrow Title Agent Name OPTIONAL ESCROW AGREEMENT -67 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 112 of 174 OPTIONAL ESCROW AGREEMENT Signature Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City Title Name Signature Address For Contractor Title President Name Tamela Barnhart-Reese Signature Address 10805 Thornmint Road, #200 San Diego. CA 92127 For Escrow Title Agent Name Signature Address END OF OPTIONAL ESCROW AGREEMENT OPTIONAL ESCROW AGREEMENT -68 Fire Station No. 2 Replacement and Temporary Station Document Version: 1.0 Current Update: June 19, 2020 Document Date: April 14, 2020 Sept. 22, 2020 Item #6 Page 113 of 174