cc/bsd 2026 AR 02/10 cip 8363 building c improvements project design/build agreement award — Vista City Council, February 10, 2026 (part 1 of 3)

ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: C7
Prepared by:

Allison McLaughlin, Senior Engineer
Erin Adams, Administrative Programs Manager Meeting Date: February 10, 2026 Approved by:

Greg Mayer, Director of Engineering
John Conley, City Manager Agenda Location: Consent Calendar SUBJECT: CIP NO. 8363 BUILDING C IMPROVEMENTS PROJECT – DESIGN/BUILD AGREEMENT AWARD
RECOMMENDATION:

1. Adopt City Council Resolution No. 2026- , approving an agreement with Firestone Builders, Inc. for design/build services for the Building C Improvements Project (CIP No. 8363).

2.Adopt Buena Sanitation District Resolution No. 2026- , approving an agreement with Firestone Builders, Inc. for design/build services for the Building C Improvements Project (CIP No. 8363).

CORRELATION TO CITY COUNCIL GOALS: Routine item not directly related to a specific Council goal.

PRIOR ACTION: On June 11, 2024, adopted City Council Resolution No. 2024-86, adopting a Capital Project Budget for Fiscal Years 2024/25 and 2025/26 (Vote: 5-0).

STATEMENT ON THE SUBJECT: This project is for the renovation and expansion of Building C located at 1165 Taylor Street which is currently being used by the City of Vista Public Works department. The existing building is approximately 4,000 square feet and will be expanded to include approximately 1,400 square feet of additional area. The building interior will be remodeled to include, but not limited to, offices, restrooms, training area, locker rooms, conference room, laundry room and kitchen. The exterior of the building will be renovated to match the adjacent Building A which was completed in 2021.

Award of Design/Build Agreement. On October 6, 2025, staff issued a request for proposals (RFP) for design/build services for the Building C Improvements Project. The RFP was based on best value, with price to be negotiated with the selected firm. The RFP was advertised on the City of Vista’s website and the City’s electronic procurement portal, OpenGov.com. The following two firms responded to the RFP:

Firm Office Location
Faris Construction Oceanside, CA
Firestone Builders, Inc. San Marcos, CA
The proposals were evaluated by staff and ranked based upon predetermined criteria including overall experience and technical competence, experience with projects of similar nature, rates and fees, proposed methods and plan to accomplish the work, and overall proposal. Based on staff’s evaluation of the RFP response, staff recommends the selection of Firestone Builders, Inc. (Firestone) to design and construct CIP No. 8363.

AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, adopted the following: 1) City Council Resolution No. 2026-22.

Vote: 5-0; 2) Buena Sanitation District Resolution No. 2026-01. Vote: 5-0.

MEETING DATE: February 10, 2026 PAGE 2
SUBJECT: CIP NO. 8363 BUILDING C IMPROVEMENTS PROJECT – DESIGN/BUILD AGREEMENT AWARD
The agreement with Firestone includes design, and pre-construction costs in the amount of $177,000. Once design is complete, a Guaranteed Maximum Price and construction schedule will be established for construction, and an amendment for construction will be prepared for Council approval.

FISCAL IMPACT: The cost for Firestone Builders, Inc.to provide the Building C Improvements Project design, and pre-construction services is $177,000. Sufficient funding is budgeted and available in the Fiscal Years 2024/25 and 2025/26 Capital Improvement Budgets in CIP No 8363, in Source Appropriation Account (Nos. 5036620.578999.8363 and 5066515.578999.8363).

EXHIBITS:

1.City Council Resolution No. 2026- , approving an agreement with Firestone Builders, Inc. for design/build services for the Building C Improvements Project (CIP No. 8363)

2.Buena Sanitation District Resolution No. 2026- , approving an agreement with Firestone Builders, Inc. for design/build services for the Building C Improvements Project (CIP No. 8363)

3.Agreement with Firestone Builders, Inc.
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00029213 7
RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, APPROVING AN AGREEMENT WITH FIRESTONE BUILDERS, INC. FOR DESIGN/BUILD SERVICES FOR THE BUILDING C IMPROVEMENTS PROJECT (CIP NO. 8363)
The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

B. Two proposals were submitted in response to the RFP and was evaluated based upon the predetermined criteria identified in the RFP.

C. Staff recommends the selection of Firestone Builders, Inc. as the contractor to provide design/build services for the Building C Improvements Project (CIP No. 8363).

2. Action.

A. The agreement between the City of Vista and Firestone Builders, Inc. for design/build services for the Building C Improvements Project is approved and the Mayor is authorized to execute the agreement.

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on February 10, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

APPROVED
Walter C. Chung
20260129145019
JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:
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EXHIBIT 1

00056393 5
RESOLUTION NO. 2026-

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

BUENA SANITATION DISTRICT, APPROVING AN AGREEMENT WITH FIRESTONE BUILDERS, INC. FOR DESIGN/BUILD SERVICES FOR THE BUILDING C IMPROVEMENTS PROJECT (CIP NO. 8363)
The Board of Directors of the Buena Sanitation District does resolve as follows:

1. Findings. The Board of Directors hereby finds and declares the following:

A. Pursuant to section 3.08.075 of the Vista Municipal Code, a request for proposals (RFP) was issued on October 6, 2025 for design/build services for the Building C Improvements Project (CIP No. 8363)
B. Two proposals were submitted in response to the RFP and was evaluated based upon the predetermined criteria identified in the RFP.

C. Staff recommends the selection of Firestone Builders, Inc. as the contractor to provide design/build services for the Building C Improvements Project (CIP No. 8363).

2. Action.

A. The agreement between the Buena Sanitation District and Firestone Builders, Inc. for design/build services for the Building C Improvements Project is approved and the Chairperson is authorized to execute the agreement.

3. Adoption. PASSED AND ADOPTED at a meeting of the Board of Directors of the Buena Sanitation District held on February 10, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, DISTRICT COUNSEL
By:

APPROVED
Walter C. Chung
20260129145228
JOHN B. FRANKLIN, CHAIRPERSON
ATTEST:

KATHY VALDEZ, CLERK OF THE BOARD
By:
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EXHIBIT 2

00105692 1{

DESIGN / BUILD SERVICES FOR THE

BUILDING C IMPROVEMENTS PROJECT
CIP NO. 8363
THIS AGREEMENT is made and entered into as of ________________ (Contract Date) by and between the CITY OF VISTA and BUENA SANITATION DISTRICT (“City/BSD”), a chartered municipal corporation and a county sanitation district, and Firestone Builders, Inc. (“Design Builder or DB”). City, BSD and DB are sometimes individually referred to as “Party” and collectively as “Parties”.

RECITALS

1.On October 6, 2025, a Request for Proposal (RFP) (Exhibit 3) was issued for design/build services for the Building C Improvements Project – CIP No. 8363; and

2.Two firms submitted proposals and based upon the review of each proposal and interviews with the top firms, Design Builder was selected as the respondent who best met the evaluation criteria specified in the RFP including experience and technical competence, schedule, rates, and financial resources and with whom City/BSD could negotiate an agreement.

NOW THEREFORE, in consideration of the mutual promises and covenants contained herein:

THE PARTIES AGREE:

Section 1: General Scope of Work to Be Performed by DB

1.1 In accordance with the terms set forth in this Agreement and the Design Build Proposal for the Fire Station Interconnect Project (Exhibit 1 attached hereto and incorporated herein), the Building C Improvements Project – CIP No. 8363 shall include, but not be limited to all components outlined and described in Exhibit 1.

1.2 The services provided by the DB shall include, but not be limited to, all services outlined and described in this agreement and the design, and construction services within Exhibit 1.

1.3 The DB shall:

1.3.1 Perform design and pre-construction services (Phase I) on a time and materials basis for an amount not-to-exceed $177,000, as specified in DB’s Project Cost Estimate.

At 90% complete construction documents the DB shall propose a Guaranteed Maximum Price (GMP) which will include, but not be limited to, the cost for all labor, equipment, and material to design and construct the Phase II Project in accordance with all applicable rules, regulations, and laws. If the Parties agree to DB’s proposed GMP, or successfully negotiate an alternative GMP amount, the Parties shall enter into an amendment to this Agreement to fund and undertake Phase II and III of the Project. Under the amendment, the DB fee shall be 10% of the cost of construction defined as the total sum of trade contracts (subcontractors), materials (purchase orders), equipment, self-performed work and general conditions. Any costs incurred by DB in excess of the established GMP shall be the sole responsibility of the DB, unless a Change Order is approved by the City/BSD.

Any savings resulting in the project being completed for less than the amount of the GMP shall belong to the City/BSD.
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EXHIBIT 3

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1.3.2 Provide the proposed GMP to City/BSD by January 1, 2027, and complete the Phase I design services by February 1, 2027, including City/BSD approval of 90% construction drawing package, in accordance with the schedule set forth in Exhibit 1.

Section 2: General Obligations of City/BSD

2.1 City/BSD shall be obligated as follows:

2.1.1 Designate a representative (or representatives) who is/are authorized to act on behalf of City/BSD with respect to the Project, except as to those decisions that require authorization by the Vista City Manager/Executive Director of BSD or Vista City Council/BSD Board of Directors.

2.1.2 Make decisions with reasonable promptness to avoid delay in the orderly progress of DB’s services per the schedule in Exhibit 1.

2.1.3 At the request of DB, City/BSD will use its best efforts to provide DB with any available information about the Project Site (Exhibit 4) geotechnical soil conditions; it will, however, be the responsibility of DB to take all reasonable steps to verify all such information as it deems necessary to perform its services under this Agreement. City/BSD does not warranty to DB the accuracy or completeness of any such information.

2.1.4 Cooperate with DB in identifying, processing and securing required permits and licenses in a timely fashion; however, this duty to cooperate does not relieve DB of its primary obligations to identify, apply for and secure all necessary permits and licenses in a timely manner.

2.1.5 Make payments to DB in the amounts and in accordance with the terms set forth below.

2.1.6 Issue Certificate of Substantial Completion when City/BSD reasonably determines the Project has achieved Substantial Completion as defined below in Section 16.1.

2.1.7 Issue a Notice of Acceptance when City/BSD reasonably determines the Project has achieved Final Completion as defined in Section 16.2.

2.2 City/BSD Review Process. City/BSD shall review the 90% and 100% Construction Drawings (CD’s) including project specifications which shall allow construction of Project in conformity with the Program Document for the Project.

2.2.1 For each DB submission, City/BSD shall have ten (10) working days to review, approve, conditionally approve or deny said set of documents.

Section 3: General Obligations of DB

3.1 DB shall be obligated as follows:

3.1.1 Provide all supervision, labor, equipment, technical expertise, safety equipment, and service operations to complete the Project.

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3.1.2 At all times in performing its services, design and deliver the best possible Project consistent with the standard of care that satisfies the time, monetary, quality and design parameters set forth in this Agreement.

3.1.3 Design and construct the Project on time, consistent with timeframes set forth in the Project Schedule (Exhibit 1), and in such a manner that the GMP or Contract Time of the Project shall not be exceeded, except by written Change Order as provided in Section 14. DB shall provide a master accounting system and matrix using software acceptable to City/BSD that will be updated, expanded and provided to the City/BSD monthly as the Project develops.

3.1.4 Perform all services as expeditiously as is consistent with reasonable skill and care and shall complete the services within each and all of the time periods set forth in the Project Schedule (Exhibit 1).

3.1.5 Any subcontractors performing Project construction must be appropriately licensed by the California Contractors State License Board or other required agency.

3.1.6 Perform or subcontract all design services for the Project utilizing qualified, licensed and sufficiently experienced engineers, and other professionals (“Design Consultants”) as identified in Exhibit 1. DB shall not be permitted to substitute any Design Consultant unless authorized by City/BSD. The fact that the City/BSD approves the subcontracting of any such services will in no way relieve the DB of any of its obligations or responsibilities under this RFP or this Agreement.

3.1.7 INTENTIONALLY LEFT BLANK

3.1.8 Ensure that DBT personnel conduct themselves in a professional manner at all times. Personnel shall be courteous, neat in appearance, and wear visible identification including all personal protective equipment. All equipment must display their company identification, including any subcontractors.

3.1.9 Comply with the California Fair Employment and Housing Act and all other State, Federal and local laws including, but not limited to, those prohibiting discrimination, on account of race, color, national origin, religion, age, sex or handicap.

3.1.10 Take all reasonable steps during the course of the Project so as not to interfere with the ongoing operation of the adjacent residences, businesses and facilities, including but not limited to the following:

3.1.10.1 Not interfere with pedestrian and vehicular access.

3.1.10.2 Take all reasonable steps during the course of construction to control dust in accordance with the provisions in the 2012 Edition of the Standard Specifications for Public Works Construction and most recent Supplement (“Greenbook”). Ensure that all work conforms to the City/BSD of Vista noise ordinance unless authorized by the designated City/BSD representative. The DB shall ensure all DBT personnel comply with all relevant OSHA, Cal/OSHA, and labor and industrial work safety regulations at all times they are on the Project Site.

The DB is responsible for implementing confined space entry procedures in accordance with all applicable laws and regulations.

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3.1.11 Study all applicable laws, codes, ordinances, rules, orders, regulations, and statutes affecting the Project, including but not limited to, zoning, environmental, building, fire and safety codes and coverage, and lien laws, and comply with them in performance of its services. DB shall ensure that the Project design conforms to all applicable federal, state and local laws, statutes, ordinances, rules, regulations, orders or other legal requirements, (collectively “Governmental Requirements”) existing as of the date of this Agreement. However, the City/BSD recognizes that Governmental Requirements and their interpretations by governmental officials (“Code Authority”) are often subject to change at any time, even after issuance of a notice to construct. If, after the date of this Agreement, modifications to the Project are required because of a change in Governmental Requirements or their interpretation by a Code Authority which had not previously been given, or which if given, was different than a prior interpretation of a Code Authority, DB shall make the required modifications to comply with the same. However, in the event of such an occurrence the compensation to DB and the associated design and pre- construction schedule may be subject to an adjustment. Nothing contained in this paragraph shall relieve DB of its obligations to modify the Project at its own expense where DB has failed to design the Project in compliance with Governmental Requirements applicable as of the date of this Agreement.

3.1.12 Obtain all permits necessary to complete the Project. City/BSD shall reimburse cost of permits, except that DB shall be responsible for obtaining and paying for all permits normally obtained by the trades or subcontractors.

3.1.13 Adhere to the provisions of all permits and rules and regulations, including but not limited to those from with the 2012 Edition of the Standard Specifications for Public Works Construction and most recent Supplement (“Greenbook”) and the City/BSD.

3.1.14 Comply with all licensing requirements of the State of California and the City/BSD.

3.1.15 Use reasonable care to avoid damaging existing improvements, buildings, equipment and vegetation adjacent to the Project Site. If DB causes damage to any of this property, DB shall replace or repair said property at no expense to City/BSD and shall not be a basis for seeking an adjustment to the GMP or Contract Time. DB agrees to indemnify City/BSD for any and all fines, penalties, liabilities, cost imposed upon City/BSD, its officers, employees and agents as a result of this Project.

3.1.16 Perform Quality Control (“QC”). Review the drawings and specifications in order to identify and correct errors and omissions and reduce the quantity of Change Orders during the course of construction. Include a detailed review of drawings and designs relative to applicable laws and standards.

3.1.17 Be fully responsible for damages, and liabilities resulting from errors or omissions below the standard of care defined in Section 3.1.19 by DB or DB’s agents, employees, design consultants and contractors; such costs, damages and liabilities shall not be chargeable to the City/BSD nor shall they be a basis for seeking an adjustment in the GMP or Contract Time.

3.1.18 DB agrees to fully assume all risks, and costs associated with such risks, in performing the services and meeting the obligations under this Agreement. DB shall verify actual site conditions, topography, and facility conditions. 02/10/2026 C7 8 of 321

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3.1.18.1 Unanticipated subsurface site conditions.

3.1.18.1.1 City/BSD assumes risks for unanticipated subsurface site conditions provided DB notifies City/BSD in writing within five (5) calendar days of discovery if DB believes it has uncovered or revealed a condition which:

3.1.18.1.1.1 Differs materially form that indicated
in the geotechnical and geological reports.

3.1.18.1.1.2 Is of an unusual nature and differs
materially from conditions ordinarily
encountered and generally recognized as
inherent in the work required by this RFP and
the Design/Build Contract.

3.1.18.1.1.3 Upon receipt of a written notice,
City/BSD shall promptly investigate and if it
determines the conditions do materially differ,
requiring a change in the Work, City/BSD
shall commence the processing of a Change
Order pursuant to Section 14 of the
Design/Build Contract. If City/BSD
determines there is no bona fide Work scope
change or is a minor change, which does not
impact GMP or Contract Time, City/BSD shall
notify DB within ten (10) calendar days.

3.1.18.1.1.4 DB shall not be entitled to an
adjustment in the GMP or Contract Time if DB
knew or should have known of the existence
of such conditions at the time DB submitted
and agreed to GMP or Contract Time; or the
existence of such condition could reasonably
have been discovered as a result of DB’s
obligations regarding geotechnical and
geological investigations and reports as
described in the RFP.

3.1.19 DB shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. Compliance with this section by DB shall not in any way excuse or limit DB’s obligations to fully comply with all other terms in this Agreement.

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personnel” who shall remain on the Project until Final Completion. If any such “key personnel” leave the employment of DB, City/BSD shall have the right to approve the replacement personnel assigned to this Project. DB shall comply with all licensing requirements of the State of California and City/BSD of Vista.

3.1.19.2 Project Manager and Project Design Engineer. Throughout all phases of the Project hereunder, the individual project manager, and project design engineer shall be as reflected in Exhibit 1. So long as the Individual Project Manager and Project Design Engineer remain in the employ of the General Contractor and/or Engineer, such persons shall not be changed or substituted from the Project, or cease to be fully committed to the Project as deemed necessary by the City/BSD in its reasonable discretion, without the prior written consent or instruction of the City/BSD.

3.1.19.3 City/BSD Right to Remove Project Manager, and Project Design Engineer. Notwithstanding the foregoing provisions of Section 3.1.19, if the Individual Project Manager or Project Design Engineer, proves not to be satisfactory to the City/BSD, upon written notice from the City/BSD to the DB, such person or person shall be promptly replaced by a person who is acceptable to the City/BSD in accordance with the procedures set forth below.

3.1.19.4 Replacement Selection of Project Manager and/or Project Design Engineer. Within five (5) working days after receipt of a notice from the City/BSD requesting the replacement of any Individual Project Manager or Project Design Engineer, or promptly following the discovery by the Design Build Team that any Individual Project Manager, or Project Design Engineer is leaving the employ of the DB or Engineer, as the case may be, the replacement/substitution (together with such person’s resume and other information regarding such person’s experience and qualifications) for approval by City/BSD. The replacement/substitution shall commence work on the Project no later than five (5) calendar days following the City/BSD’s approval of such replacement, which approval shall not be unreasonably withheld.

3.1.20 DB agrees and acknowledges that the City/BSD Representative is the only person with authority to approve additions or modifications to Project. Any costs or delays resulting from or associated with additions or modifications implemented without the written authorization of the City/BSD Representative shall be borne exclusively by DB and not be grounds for an increase in the GMP or Contract Time (Exhibit 1) of this Agreement, unless necessary to protect public health, safety or property.

3.1.21 DB shall fully cooperate with City/BSD Representative and any of its agents assigned to this project.

3.1.22 The DB shall remain in compliance with the City/BSD of Vista Water Quality Protection Program and, where applicable, City/BSD of San Marcos and County of San Diego’s respective stormwater protection programs and shall exercise every reasonable precaution to prevent the discharge of any material which is not solely storm water (i.e., rain events) to the storm drain system. The DB will be 02/10/2026 C7 10 of 321

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responsible for the complete cleanup of all material that is discharged from the project in violation of the discharge rules.

Section 4: Work Restriction and Bidding Requirement

4.1 DB shall determine how best to package portions of the work for purposes of bidding. DB shall be responsible for selectively bidding all construction work to others and for entering into subcontracts, in DB's own name, with the bidder who in DB’s discretion best meets the monetary, time, and performance requirement of the Project. DB is required to submit a summary of bid results for each bid package. DB shall be responsible for ensuring that these contracts fully comply with all applicable local, state and federal laws, some but not all of which are listed below.

4.2 DB shall hear and decide bid protests and shall develop and maintain bid protest procedures for that purpose. City/BSD shall be timely informed of all bid protests (prior to resolution) and the outcome of said protests.

Section 5: DB’s Phase I Services and Obligations – Design Services

5.1 DB’s services in Phase I shall include those specified in Section 5.1.1 of the RFP.

Section 6: DB’s Phase II Services and Obligations – Construction Services

6.1 Contingent on City/BSD’s approval during Phase I 90% and 100% CDs, Construction Schedule, GMP, and associated contract amendment, DB’s services in Phase II shall include those specified in Section 5.1.2 of the RFP.

Section 7: DB’s Phase III Services and Obligations: Operation/Startup Phase

7.1 DB’s services in Phase III shall include those specified in Section 5.1.3 of the RFP.

Section 8: INTENTIONALLY LEFT BLANK

Section 9: Additional Services

9.1 City/BSD will have the right to direct DB to perform Additional Services beyond those specified in this Agreement. DB may provide Additional Services only if authorized in writing, in advance, by City/BSD and after complying with Section 9.4. The City/BSD may propose changes to the Work of a subcontractor after the bid has been awarded. In the event of a change of this nature, DB will estimate the cost of the Change Order, assist City/BSD in developing drawings and specifications as necessary, solicit a revised bid, negotiate with the subcontractor, present a recommendation for a Change Order to City/BSD, and implement construction as approved by City/BSD.

9.2 For Additional Services which increase the Hard Construction Costs, or other reasonably necessary costs of the Project, DB shall be paid a DB fee of 15% of the total additional labor, equipment, and material costs. This fee includes DB’s office overhead, profit, bonds, and liability insurance. DB shall also be paid a DB fee of 5% of the total subcontractor costs. Regardless of the number of hierarchical tiers of Subcontractors, the 5% which DB fee shall be applied only once to the performing Subcontractor’s total costs. City/BSD will also pay any additional Subcontractor’s insurance or bonding costs.

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9.3 For Additional Services, which result in an extension of the Substantial Completion date, DB and City/BSD shall negotiate the additional costs.

9.4 If at any time DB contends that it is being asked to perform Additional Services, it shall give City/BSD written notice 5 days prior to performing said services indicating that DB intends to seek additional compensation beyond the GMP. Furnishing advance written notice shall be a condition precedent to being able to seek additional compensation from City/BSD.

Section 10: Bonds

10.1 DB shall furnish performance and payment bonds with the names of the obligees designated as the City/BSD in the amount set forth below, as security for the faithful performance and payment of all DB’s obligations under the Agreement. These bonds shall remain in effect at least until thirty (30) days after the filing date of Notice of Completion, except as otherwise provided by law or regulation or by this Agreement. DB shall also furnish such other bonds as are required by this Agreement.

10.1.1 The performance bond shall be in the amount of 100% of the GMP.

10.1.2 The payment bond shall be in the amount of 100% of the GMP amount.

10.2 All bonds shall be in the form prescribed by City/BSD and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, and whose underwriting limitation is sufficient to issue bonds in the amount required by this agreement and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent’s authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required.

10.3 If the surety on any bond furnished by DB is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located, DB shall within seven (7) days thereafter substitute another bond and surety, which must be acceptable to City/BSD.

Section 11: Insurance

11.1 The insurance provisions shall meet the requirements of Exhibit 2 which shall not be construed to limit DB’s indemnity obligations contained in this Agreement.

Section 12: Inspection

12.1 DB shall be responsible for all specialty inspection and material testing and inspections.

The City/BSD shall perform inspection with its own forces. It shall be the responsibility of DB, however, to call for, coordinate and schedule all inspections.

12.2 City/BSD, its consultants, subcontractors, independent testing laboratories as well as other governmental agencies with jurisdictional interests will have access at reasonable times for this observation, inspecting and testing. DB shall provide them proper and safe conditions for such access and advise them of DB’s safety procedures and programs so that they may comply.

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12.3 DB will make, or have made, such inspections and tests, as the City/BSD deems necessary to see that the Work is being accomplished in accordance with the requirements of the Construction Documents or shall in any way limit or modify DB’ s indemnity obligations as provided for within this agreement. Unless otherwise specified, the cost of such inspection and testing will be bid out and carried as a line item in the construction cost. In the event such inspections or tests reveal non-compliance with the requirements of the Construction Documents, DB shall bear the cost of corrective measures deemed necessary by City/BSD, as well as the cost of subsequent re-inspection and re-testing. Neither observations by the City/BSD nor inspections, tests, or approvals by others shall relieve DB from DB’s obligations to perform the Work in accordance with the Construction Documents. DB shall give City/BSD timely notice of readiness of the Work for all required building inspections and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. DB shall give at least 24 hours’ notice for inspections.

12.4 City/BSD has the right to stop or suspend Work activities which will conceal or cover up DB Work product which is to be inspected or tested, or which will interfere with the inspection or testing activities, for a reasonable time and DB will have no right to additional compensation.

Section 13: DB GMP for Services and Reimbursements

13.1 DB shall submit to City/BSD 90% CD’s for plan check. Upon the approval of the 90% CD’s, DB shall, within twenty (20) working days, submit a GMP for approval by City/BSD. The GMP shall include all Hard Construction Costs, DB Contingency Fund, Reimbursable Costs, and DB Fixed Fee for the complete design and construction of the entire Project as specified in the 90% CD’s; provided that:

13.1.1 Said GMP shall be supported by a detailed itemized breakdown that shows: the DB Fixed Fees and the expected Hard Construction Costs for each of the major trades on the Project which will include labor, material expenses, equipment costs, and a reasonable DB Contingency Fund. Said DB contingency fund shall not exceed 5% of the Hard Construction Costs.

13.1.2 All Hard Construction Costs included in the GMP are for direct Construction costs incurred in performing the work, including taxes, delivery and installation. City/BSD shall reimburse DB for the exact amount of subcontract, self-performed work or invoice amount.

No additional DB markup, handling fees, overhead, or other charges are to be added or paid except as otherwise set forth in this agreement. Upon Final Completion of the Project, any amount of Hard Construction Costs or DB Contingency Fund monies not utilized shall result in a deductive Change Order.

13.1.3 The GMP shall include a DB Contingency Fund which can be used by the DB with City/BSD approval. If the Parties mutually agree that there is a sufficient surplus, the DB Contingency Fund will be available to provide additional funds for Change Orders as provided for in Section 14 of this Agreement. This Contingency Fund will not be available for: (1) Work required due to DB’s and/or Contractors/subcontractors failure to perform according to the terms of this Agreement and/or in compliance with the Construction Documents, or (2) uninsured losses resulting from the negligence of DB or its Contractors/subcontractors. All Change Orders, including zero dollar Change Orders, which require the use of the DB Contingency Fund, shall require City/BSD approval.

13.1.4 DB shall prepare, with the cooperation of the City/BSD, alternate bid items to assist in meeting the GMP.

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13.2 DB shall perform the Phase I Services on a time and materials basis for an amount not to exceed $177,000, as specified in DB’s Project Cost Estimate. Except as otherwise expressly provided in this Agreement, as full and complete compensation for performance of all Phase II Services under this Agreement, DB shall be compensated by the GMP sum to be determined at 90% construction documents. Said amounts for the Phase I and Phase II Services shall not be exceeded unless Additional Services are requested pursuant to Section 9 above or a Change Order issued pursuant to Section 14. Unless otherwise expressly provided in this Agreement, the GMP shall include full compensation for all costs of any type incurred by DB in performing all services and obligations under this Agreement, including but not limited to the following:

13.2.1 All Design Consultants.

13.2.2 Estimating, management of design consultants and value engineering.

13.2.3 Construction supervision and project management personnel, including but not limited to superintendents, Project managers, Project secretaries, Project engineers, Project accountants, and all other DB personnel wherever located.

13.2.4 All on-site and off-site equipment, supplies and facilities, including but not limited to, computers, estimating, dictating, communication and accounting equipment, office space, trailers, field equipment and storage facilities.

13.2.4.1 In no case shall the cumulative monthly rental charges to the Project for equipment and Small Tools used by the DB exceed 90% of the fair market value of any one piece of equipment or Small Tools. At City/BSD’s option, the full price for equipment or Small Tools may be paid, and City/BSD may take possession upon completion of the Work.

13.2.5 All home-office and field overhead costs of any type including document control and retention.

13.2.6 All business license costs.

13.2.7 All profit DB intends to earn under this Agreement.

13.2.8 All direct and incidental costs incurred by DB, except for those specifically identified in Section 9.

13.3 DB shall be reimbursed, without markup and only as specified in this Agreement for the following “Reimbursable Costs:”

13.3.1 Any reimbursable cost expressly provided for elsewhere in this Agreement.

13.4 DB agrees and acknowledges the City/BSD retains its full and complete discretion for all legislative actions, including any future appropriations necessary to complete this Project or fund this Agreement. As more fully provided in Section 26, the City/BSD may terminate this Agreement for any reason, including but not limited to, if City/BSD Council fails to appropriate sufficient funds or is unsuccessful at obtaining long term financing.

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Section 14: Change in GMP and Contract Time

14.1 The GMP and Contract Time may only be changed by written Change Order. Change Orders shall be issued only under the following circumstances:

14.1.1 The City/BSD directs DB to perform Additional Services or City/BSD Changes as provided in Section 9.

14.1.2 For reasons expressly provided elsewhere in this Agreement.

14.2 The following procedure shall be followed for the issuance of Change Orders:

14.2.1 Upon the occurrence of any event that gives rise to a Change Order, including any action, inaction, decision or direction by City/BSD or agent for the City/BSD, DB shall give the City/BSD notice of the same within five (5) calendar days. DB shall not proceed with any such services or work until such notice has been given to the City/BSD except if such services or work are necessary to protect public health, safety or property as directed by the City/BSD Representative in writing.

14.2.2 If DB submits a request to change the GMP, DB shall: (1) inform City/BSD of any request to change the GMP or Contract Time at the next Project Team Meeting; (2) provide City/BSD with a list of recommended revisions which DB believes will bring Project within the GMP; and (3) assist City/BSD in reviewing the itemized cost breakdown and recommend revisions so that City/BSD can revise the scope of the Project so that the GMP is not exceeded.

14.2.3 DB’s notice to the City/BSD shall include a detailed and complete estimate of the cost and time impacts associated with the requested Change Order, including all appropriate direct and indirect costs and credits. All such costs and credits shall be accurately categorized into DB Fixed Fee, Reimbursable Costs or Hard Construction Costs. DB shall also provide City/BSD with a realistic estimate of the impact, if any, the Change Order will have on the Contract Time. DB shall provide complete and accurate pricing within ten (10) calendar days of the occurrence of the event that gives rise to a Change Order.

14.2.4 Upon submission of the detailed estimates by the DB, the Parties will attempt to negotiate an appropriate adjustment in GMP and Contract Time. If an agreement is reached, a Change Order reflecting the agreement will be executed by the Parties. If an agreement is not reached, the City/BSD shall have the option to direct the DB to proceed with the subject services and/or work, during which time the DB shall contemporaneously maintain accurate and complete records of all labor, material and equipment utilized in performing the subject services and/or work. These records shall be submitted to the City/BSD and shall become the basis for continued negotiations between the Parties for an equitable adjustment to the GMP and/or Contract Time.

14.2.5 In the event there is any disagreement or dispute between the Parties as to whether the DB is entitled to a Change Order or the amount of the Change Order, the matter shall be resolved in accordance with Section 33. DB shall not have the right to stop or delay in the prosecution of any services or work, including services or work that is the subject of the Change Order, pending this resolution process. Instead, DB shall continue diligently prosecuting all such services and work.

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14.2.6 City/BSD may, in its sole discretion, adjust the GMP or Contract Time for any undisputed amount or time associated with the Change Order or Additional Services.

14.3 All Change Orders, including zero dollar Change Orders which require the use of DB Contingency Fund, irrespective of impact on GMP and Contract Time shall require City/BSD approvals, however City/BSD shall not unreasonably withhold approval for use of contingency funds for changes normally encountered due to unforeseen omissions in the work packages and minor clarifications of the drawings.

Section 15: Payment Terms

15.1 DB shall provide all Phase I Services for the Phase I Fee. DB shall submit certificate and application for payment to the City/BSD on a monthly basis for Phase I Services rendered and costs incurred. The monthly payment shall be based upon percentage of completion of the Schedule of Values plus any Reimbursable Costs as provided in Section 15.3.

15.2 DB shall provide all Phase II Services for the Phase II Fee. DB shall submit certificate and application for payment to City/BSD on a monthly basis for Phase II Services. The monthly payment application shall be based upon the percentage of completion of the Schedule of Values plus any Reimbursable Costs and Hard Construction Costs as provided in Section 15.3 and 15.4, less any payments previously made by the City/BSD and subject to the receipt of unconditional lien releases for all prior payments and if the invoiced amount is not disputed by City/BSD, it shall pay DB ninety five percent (95%) of payment application based upon the percentage complete of the Schedule of Values and 100% of the reimbursable costs within thirty (30) days after receipt of the fully documented invoice. City/BSD will withhold the remaining 5% as security for DB’s full performance.

15.3 DB shall develop and maintain an accurate system for tracking all Reimbursable Costs.

Utilizing this system, DB shall include with each month payment application an itemization of all such Reimbursable Costs actually incurred by DB, during the previous month. If requested by the City/BSD, DB shall provide all backup documentation supporting such Reimbursable Costs.

15.4 DB shall develop and maintain an accurate system for tracking all Hard Construction Costs it incurs on the Project. Utilizing this system, DB shall include with each monthly application for payment an itemization of all Hard Construction Costs actually incurred by DB during the previous month.

15.5 DB shall separately submit to City/BSD certificate and application for payment on a monthly basis for any authorized Additional Services performed by DB. Subject to the receipt of unconditional lien releases for all prior payments and if Additional Services are not disputed by City/BSD, City/BSD shall pay ninety five percent (95%) of the invoiced amount within thirty (30) days of receipt of fully complete invoice. City/BSD will withhold the remaining 5% as security for DB’s full performance.

15.6 Subject to Sections 15.8, City/BSD shall pay DB the five percent (5%) retention being withheld pursuant to Sections 15.2, and 15.5 as part of the “Final Payment” to DB. Final Payment will be made thirty-five (35) days after Final Completion.

15.7 The City Manager/Executive Director will consider the release of the entire retention for subcontractors upon completion of the subcontractors’ work and execution of a disclaimer and unconditional final lien release by the subcontractor.

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15.8 In lieu of withholding retention under this Agreement, at the election of DB, City/BSD will deposit retention amounts into escrow and/or the substitution of securities for money as provided in California Public Contract Code Section 22300.

Section 16: Project Completion

16.1 Substantial Completion shall be that stage in the progress of the construction when all Work on the Project is sufficiently complete in accordance with the Construction Documents so that City/BSD can fully utilize entire Project; Substantial Completion shall further mean that all goods, services and systems to be provided under the terms and conditions of the Construction Documents are in place and have been initially tested, and are operationally functional, subject only to final testing, balancing and adjustments and normal Final Completion punch list Work.

16.2 Final Completion shall be deemed to occur on the last of the following events: (1) recordation of a Notice of Completion for the Project; (2) acceptance of the Project by the City/BSD; (3) issuance of a final Certificate of Occupancy for the Project; (4) submission of all documents required to be supplied by DB to City/BSD under this Agreement, including but not limited to As-Built Drawings, warranties, and operating manuals; (5) and delivery to City/BSD of a Certificate of Completion duly verified by DB.

16.3 DB shall provide City/BSD with a Certificate of Completion, certifying to City/BSD under penalty of perjury that the Project has been completed in accordance with the Construction Documents, all applicable building codes and regulations, all permits, licenses, and certificates of inspection, use and occupancy, and ordinances relating to the Project.

16.4 DB shall provide one set of City/BSD final record drawing documents at the end of construction and one copy in electronic format (“As-Built Drawings”). As-Built Drawings are to be accurate and legible records showing exact location by dimensions, and the exact depth by elevation of underground lines, valves, plugged tees, wiring and utilities.

16.5 DB shall provide a copy of, or make available before destruction, all records (which includes all writings as defined in Evidence Code Section 250) to the City/BSD upon receipt or generation, which shall include a copy of DB’s filing protocol.

Section 17: Contract Time

17.1 The “Contract Time” shall be the number of calendar days stated in Section 1 for DB to achieve Substantial Completion.

17.2 “Time is of the essence” with regard to Contract Time and all milestones listed in the schedule.

17.3 The Contract Time may only be changed by a Change Order as set forth in Section 14.

17.4 Further, an extension in Contract Time will not be granted unless DB can demonstrate through an analysis of the Project Schedule that the increases in the time to perform or complete the Project, or specified part of the Project, beyond the corresponding Contract Time arise from unforeseeable causes beyond the control and without the fault or negligence of DB, its Design Consultants, and subcontractors or suppliers, and that such causes in fact lead to performance or completion of the Project, or specified part in question, beyond the corresponding Contract Time, despite DB’s reasonable and diligent actions to guard against those effects.

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17.5 DB carries the burden of proving an entitlement to an increase in the Contract Time.

Delays attributable to and within the control of Design Support Consultants, or subcontractor or supplier shall be deemed to be delays within the control of DB. No time extension will be allowed for such delays. An increase in Contract Time does not necessarily mean that DB is due an increase in the GMP.

Section 18: Late Completion

18.1 City/BSD and DB recognize that time is of the essence in this Agreement and that City/BSD will suffer financial loss if the Project is not completed within the Contract Time, plus any extensions thereof allowed in accordance with Section 17.3. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by City/BSD if the Project is not completed on time. Accordingly, instead of requiring any such proof, City/BSD and DB agree that DB shall pay as liquidated damages (but not as a penalty) for each calendar day of delay beyond the time specified for Substantial Completion of the Project, the following amounts which DB expressly agrees are “not unreasonable under the circumstances” as defined in California Civil Code §1671(b): $4000 for each calendar day. Liquidated Damages shall not be assessed after the date on which Substantial Completion is achieved pursuant to Section 16.

Section 19: Right to Modify Work

19.1 Without invalidating the Agreement and without notice to any surety, City/BSD may at any time or from time to time, order additions, deletions, or revisions in the Project; these will be authorized by a written Change Order prepared and issued by City/BSD. Upon receipt of any such document, DB shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Construction Documents (except as otherwise specifically provided).

19.2 When City/BSD desires a change in the Project, City/BSD may issue a Request for Proposal to DB. DB will be required to respond within the time indicated by City/BSD.

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Section 21: Work By Others

21.1 City/BSD may perform other work related to the Project at the Project Site by City/BSD’s own forces, or let other direct contracts (“City/BSD Contractor”). The City/BSD will give DB reasonable notice of its intent to do such other work. DB’s work shall take priority over the City/BSD Contractors; but the Parties will use their best efforts to coordinate their work so as to minimize the disruption to each other’s work and to allow City/BSD Contractor to proceed expeditiously.

21.2 If the proper execution or results of any part of DB’s work depends upon the work by the City/BSD or City/BSD Contractor, DB shall promptly inspect and report to City/BSD in writing any apparent delays, defects, or deficiencies in the City/BSD’s work that render it unavailable or unsuitable for such proper execution and results. DB’s failure to promptly report such delays, defects, or deficiencies in writing before commencement of the affected work, will constitute an acceptance of the City/BSD’s work as fit and timely for integration with DB’s Work except for latent defects and deficiencies in the City/BSD’s work for which DB will not be responsible.

21.3 If DB or any person or entity working for DB causes damage to the City/BSD’s or City/BSD Contractor’s work, property, or person, or if any claim arising out of DB’s performance of the 02/10/2026 C7 18 of 321

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Project by any other contractor is made against DB, by City/BSD, any other contractor, or any other person, DB shall promptly repair and/or resolve said claim at no cost to City/BSD.

Section 22: Warranties and Guarantees

22.1 DB warrants and guarantees to City/BSD that materials and equipment incorporated into the Project will be new unless otherwise specified and that all work will be in strict accordance with the Construction Documents and will not be defective. Prompt notice of defects known to City/BSD shall be given to DB. All Defective Work, whether or not in place, may be rejected, corrected, or accepted as reasonably directed by City/BSD, provided DB shall not be entitled to an extension in Contract Time or increase in GMP because of any delay or increase in cost attributable to the rejection, correction or acceptance of said work. Defective work may be rejected even if approved by prior inspection.

22.2 The warranty period shall commence when the Certificate of Final Completion is issued or at beneficial use by City/BSD prior to Final Completion, whichever occurs earlier, and extend one (1) year after that date or whatever longer period may be prescribed by laws or regulations or by the terms of any applicable special guarantee or specific provision of the Construction Documents.

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22.5 Correction of Defective Work - If within the designated warranty period, or such longer period as may be required by laws or regulations, the Project or any part of the Project, is discovered to contain defective work, DB shall promptly, without any reimbursement or adjustment in the GMP, and in accordance with City/BSD’s written instructions, either correct that defective work, or if it has been rejected by City/BSD remove it from the Project and replace it with work which is not defective. If circumstances warrant it, including but not limited to, in an emergency, City/BSD or DB may have the defective work corrected or the defective work removed and replaced. In that event, DB shall not be allowed to recover any associated costs, and DB shall reimburse City/BSD for all direct, and indirect costs of City/BSD, and City/BSD shall be entitled to an appropriate decrease in the GMP, to withhold a setoff against amount recommended for payment, or make a claim on DB’s bond if DB has been paid in full.

22.6 With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for Work performed and materials furnished under this Agreement, the DB shall:

22.6.1 Obtain all warranties that would be given in normal commercial practice and as required by the City/BSD;

22.6.2 Require all warranties to be executed, in writing, for the benefit of City/BSD;

22.6.3 Enforce all warranties for the benefit of City/BSD, if directed by City/BSD;

22.6.4 In the event DB’s warranty under Section 22.2 has expired, City/BSD may bring suit at its expense to enforce a subcontractor’s, manufacturer’s, or supplier’s warranty;

22.6.5 DB shall assign all subcontractor, supplier and manufacturer warranties including maintenance contracts from the installer for specialized equipment to cover the limited warranty period to City/BSD at the expiration of the one year warranty. 02/10/2026 C7 19 of 321

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Section 23: Use and Possession Prior to Completion

23.1 City/BSD shall have the right to take possession of or use any completed or partially completed part of the Work if mutually agreed upon by the parties. Before taking possession of or using any Work, City/BSD shall furnish DB a list of items of Work remaining to be performed or corrected on those portions of the Work that City/BSD intends to take possession of or use.

However, failure of City/BSD to list any item of Work shall not relieve DB of responsibility for complying with the terms of this Agreement. City/BSD’s possession or use shall not be deemed an acceptance of any Work under this Agreement, nor relieve the DB of any of its obligations under this Agreement.

23.2 While City/BSD has such possession or use, DB shall be relieved of the responsibility for the loss of or damage to the Work resulting from City/BSD’s possession or use. If prior possession or use by City/BSD delays the progress of the Work or causes additional expense to DB, an equitable adjustment shall be made in the GMP or the Contract Time, and the Agreement shall be modified in writing accordingly.

Section 24: Personal Services and Non-Assignability

24.1 This is a personal services Agreement and, therefore, DB shall not alter the key employees or Design Consultants nor assign or transfer, voluntarily or involuntarily, any of its rights, duties or obligations under this Agreement except upon the prior written consent of City/BSD. Any such change, assignment or transfer without the prior written consent of the City/BSD shall be deemed null and void and constitute a material breach under this Agreement.

Section 25: Indemnification

25.1 To the fullest extent permitted by the law, DB shall indemnify, defend, protect and hold harmless City/BSD, their elected and appointed officers, agents, employees, consultants, (collectively herein the “Indemnitees”), from and against all claims, demands, causes of action, damages, injuries, liabilities, losses and expenses (including, without limitation, reasonable attorneys’ and consultants’ fees and expenses) of any kind whatsoever, arising in whole or in part out of or resulting from DB’s performance of this Agreement, DB’s breach of this Agreement, or the alleged negligent acts or omissions of DB, its architects, engineers, other professionals and consultants, Contractors, suppliers or anyone directly or indirectly employed by any of them or anyone for whose acts they may be liable. The obligations of the DB under this paragraph for errors or omissions, including those of the design professional subcontractors, which includes the Design Subcontractors, consultants, agents and employees thereof (“Design Subcontractors”), which arise from (1) the preparation or approval of maps, drawings, opinions, reports, surveys, designs or specifications, or (2) the giving of or the failure to give directions or instructions shall not be limited to the amount of coverage provided for in the professional liability insurance policy.

If City/BSD is fully reimbursed by DB’s insurance for any loss covered by this paragraph, DB shall have no further obligation for such loss.

25.2 DB’s obligation to indemnify under Section 25.1 shall not extend to such claims, demands, causes of action, damages, injuries, liabilities, losses and expenses, to the extent that such is the result of the active negligence or the willful misconduct of an Indemnitee. DB’s obligation to defend under Section 25.1, if not covered by the insurance to be provided on the Project, shall not extend to such claims, demands, causes of action, damages, injuries, liabilities, losses and expenses, or causes of actions, to the extent that such are caused by the active negligence or the willful misconduct of the Indemnitee, and from no other cause.
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25.3 DB shall ensure that any asbestos or hazardous or toxic substances encountered on the site is properly removed and disposed of in accordance with all state or federal statutes or regulations. DB’s obligation regarding the removal or disposal of asbestos or hazardous or toxic substances, products or materials shall be limited to the proper removal within the Project boundaries and the proper disposal of such materials. The DB agrees to the fullest extent permitted by law, to indemnify, defend, and hold harmless the City/BSD, its elected and appointed officers, employees, agents and consultants from and against any and all claims, suits, demands, liabilities, losses, or costs, including reasonable attorney’s fees and defense costs, resulting or accruing to any and all persons, firms, and any other legal entity, caused by, arising out of or in any way connected with the removal or disposal of any asbestos or hazardous or toxic substances, products or materials that exist on the jobsite whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action.

Section 26: Right to Terminate and Suspend Work

26.1 Archaeological and Paleontological Discoveries: If a discovery is made of an archaeological or paleontological interest, DB shall immediately cease operations in the area of the discovery and shall not continue until ordered by City/BSD. When resumed, operations within the area of the discovery shall be as directed by City/BSD.

26.1.1 Discoveries which may be encountered may include, but are not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, fossils or any item with cultural significance.

26.1.2 DB shall be entitled to an extension of time and compensation in accordance with the provisions of this Agreement.

26.2 Termination of Agreement by City/BSD for Cause: If, through any cause, DB shall fail to fulfill in a timely and proper manner DB’s obligations under this Agreement, or if DB shall violate any of the covenants, agreements or stipulations of this Agreement, City/BSD shall have the right to terminate this Agreement by giving written notice to DB of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. All finished or unfinished documents, data, studies, drawings, maps, plans, specifications, reports, electronic files, and other materials prepared by DB, or any of its agents, Design Consultants or Subcontractors, shall, at the option of the City/BSD, become the property of the City/BSD, and DB shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed amounts payable hereunder, and less any damages caused by DB’s breach.

26.2.1 In the event the Agreement is terminated in accordance with this Section, City/BSD may take possession of the Project and may complete the Project by whatever method or means City/BSD may select.

26.2.2 If the cost to complete the Project exceeds the balance, which would have been due, DB shall pay the excess amount to City/BSD.

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by City/BSD will not release DB from liability. It is agreed that termination hereafter will not in any way release, waiver, or abridge any rights the City/BSD has against DB’s performance bond surety.

26.3 Any dispute as to the amount due or owed to DB upon termination under this section shall be resolved in accordance with Section 26.

26.4 Termination for Convenience by City/BSD: City/BSD may terminate this Agreement at any time and for any reason, by giving specific written notice to DB of such termination and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City/BSD, become City/BSD’s sole and exclusive property. If the Agreement is terminated by City/BSD as provided in this paragraph, DB shall be entitled to receive just and equitable compensation for any satisfactory Work completed to the effective date of such termination. DB hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein.

26.4.1 Records and Documents Relating to Termination: Unless otherwise provided in the Agreement or by statute, DB shall maintain all records and documents relating to the terminated portion of this Agreement for three (3) years after final settlement. This includes all books and other evidence bearing on DB’s costs and expenses under this Agreement.

DB shall make these records and documents available to City/BSD, at DB’s office, at all reasonable times, without any direct charge. If approved by the City Manager/Executive Director, photographs, electronic files, microphotographs, or other authentic reproductions may be maintained instead of original records and documents.

26.5 Upon receipt of the Notice of Termination, DB shall take any action that may be necessary, or that the City Manager/Executive Director may direct, for the protection and preservation of the property related to this Agreement that is in the possession of DB and in which City/BSD has or may acquire an interest.

26.6 Payment to DB Due to Termination - DB and the City Manager/Executive Director may agree upon the whole or any part of the amount to be paid because of the termination. The amount may include a fee proportional to the percentage of work satisfactorily completed. However, the agreed amount may not exceed the total dollar amount authorized by City/BSD as reduced by the amount of payments previously made.

26.7 Failure to Agree on Payment - If DB and City/BSD fail to agree on the whole amount to be paid because of the termination of Project, City/BSD shall pay DB the fair and reasonable amounts determined in good faith by City/BSD as follows, but without duplication of any amounts agreed to above:

26.7.1 The price for completed services accepted;

26.7.2 The costs incurred in the performance of the Project terminated, including initial costs and preparatory expense allocable thereto. These costs are only for Work completed and accepted by the City/BSD based on an audit of all Contractors’ bills of materials and the timecards for Work actually performed;

26.7.3 DB and Design Subcontractor services through the date of termination shall be paid based on actual time spent as documented on timecards. Expenses shall be paid based on invoice and receipts provided by DB;
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26.7.4 Under no circumstances will DB be entitled to any consideration for lost profit or lost opportunity costs;

26.8 If DB does not agree that the amount determined by the City Manager/Executive Director is fair and reasonable and if DB gives notice of such disagreement to City/BSD within thirty (30) days of receipt of payment, then the amount due shall be as later determined pursuant to the Dispute Resolution procedures in Section 26.

26.9 Payment for Property Destroyed, Lost, Stolen or Damaged - Except to the extent that City/BSD expressly assumed the risk of loss, the City Manager/Executive Director shall exclude from the amounts payable to DB under this Section, the fair value, as determined by the City Manager/Executive Director, of property that is destroyed, lost, stolen, or damaged so as to become undeliverable to City/BSD.

26.10 Deductions - In arriving at the amount due DB under this section, there shall be deducted:

26.10.1 Any claim which City/BSD has against DB under this Agreement; and

26.10.2 The agreed price for, or the proceeds of sale of, materials, supplies, or other things acquired by DB or sold under the provisions of this clause and not recovered by or credited to City/BSD.

26.11 Termination of Agreement by DB:

26.11.1 DB may terminate the Agreement upon ten (10) days written notice to City/BSD, whenever:

26.11.1.1 The Project has been suspended under the provisions of Section 26.1 or 26.2, for more than ninety (90) consecutive days through no fault or negligence of DB, and notice to resume Work or to terminate the Agreement has not been received from City/BSD within this time period; or

26.11.1.2 City/BSD should fail to pay DB any monies due it in accordance with the terms of this Agreement and within ninety (90) days after presentation to City/BSD by DB of a request therefore, unless within said 10-day period City/BSD shall have remedied the condition upon which the payment delay was based.

26.11.2 In the event of such termination, DB shall have no claims against City/BSD except for those claims specifically enumerated in Section 26.9, herein, and as determined in accordance with the requirements of said Section.

Section 27: Independent Contractor

27.1 DB and any Design Consultant, Contractor, Subcontractor, agent or employee of DB, shall act as an independent contractor and not as an agent, officer or employee of City/BSD. Except as expressly provided in this Agreement, City/BSD assumes no liability for DB’s actions and performance; in particular, but without limitation, City/BSD assumes no responsibility for paying any taxes, bonds, payments or other commitments, implied or explicit, by or for DB. DB acknowledges that it is aware that because it is an independent contractor, City/BSD is making no deductions from the fees for services being paid to DB and that City/BSD is not contributing to any fund on the behalf of DB. DB disclaims the right to any type of additional fee or benefits. 02/10/2026 C7 23 of 321

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Section 28: Independent Judgment

28.1 Unless otherwise directed in writing by City/BSD, DB shall, in providing the professional services required by this Agreement, arrive at conclusions with respect to the rendition of information, advice and recommendations, independent of the control and direction of City/BSD, other than normal contract monitoring; DB, however, shall possess no authority with respect to any City/BSD decision beyond rendition of such information, advice and recommendations. DB shall not have the authority to act as an agent on behalf of City/BSD unless specifically authorized to do so by City/BSD in writing.

Section 29: Maintenance of Records and Accounting

29.1 DB shall maintain, during the Project and for a period of three (3) years after completion of the Project, accurate and organized records of all costs of any type and all services performed under this Agreement. City/BSD will have the right at any time, including during the performance of all Phases of the Project to audit and copy all such records.

Section 30: Ownership of Documents

30.1 Drawings, plans and specifications, and all reports, studies, tracings, maps, electronic files, and other documents prepared or obtained by DB in the course of performing the work under this Agreement shall be the property of City/BSD, and DB shall convey and transfer all copyrightable interests in such drawings, plans and specifications, documents to City/BSD. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by DB under this Agreement shall, upon request, be made available to City/BSD. City/BSD agrees to use the original plans and drawings for purposes of this construction project only and will not use the original plans or drawings in connection with any other construction project. City/BSD agrees to indemnify, defend and hold harmless DB against any claims, losses, costs or damages as a result of City/BSD's reuse or misuse of such plans, drawings and specifications. In the event of the return of the plans, drawings, or specifications to DB or its representative, DB shall be responsible for their safe return to City/BSD. DB shall be entitled to retain copies of the plans, drawings and specifications for their files. Under no circumstances shall DB fail to deliver any draft or signed and sealed final plans, drawings or specifications to City/BSD upon written demand by City/BSD for their delivery, notwithstanding any disputes between DB and City/BSD concerning payment, performance of Agreement, or otherwise. This covenant shall survive the termination of the Agreement.

30.2 Title to Intellectual Property. DB shall represent that it has secured all necessary licenses, consents or approvals to use the components of any intellectual property, including computer software, used in the rendering of services and the production of the materials for the Project and that City/BSD has full legal title to and the right to reproduce such materials. DB covenants to defend, indemnify and hold City/BSD harmless of any loss, claim or liability in any way related to a claim that City/BSD is violating, as a result of any services rendered by the DB, either any contractual provisions or any federal, state or local law, relating to trade names, licenses, franchises, patents or other means of protecting interests in products or inventions.

Section 31: Force Majeure

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an Event of Force Majeure set forth in Section 31.2 causes a delay or failure in performance of only a portion of the obligations of a Party under this Agreement, then only that portion of performance which was delayed or prevented by such cause shall be deemed excused, and the performance of all other obligations of a Party not so delayed shall not be excused by an Event of Force Majeure. Delay or failure in performance of all other obligations of a Party not so delayed shall not be excused by such Event of Force Majeure. Delay or failure in performance by a Party which is the result of an Event of Force Majeure set forth in Section 31.2 shall be deemed excused for a period no longer than the delay or failure in performance caused by such Event.

31.2 An Event of Force Majeure means an occurrence beyond the control and without the fault or negligence of a Party, including but not limited to unusually severe weather, flood, earthquake, fire, lightning, and other natural catastrophes, acts of God or the public enemy, war, terrorist act, riot, insurrection, civil disturbance or disobedience, strike or labor dispute for which DB is not responsible, expropriation or confiscation of facilities, changes of applicable law, or sabotage of facilities, so long as such Party makes good faith and reasonable efforts to remedy the delays or failures in performance caused thereby. However, DB, in developing the GMP and Project Schedule, has incorporated three (3) days for anticipated adverse weather days that may disrupt work on the Project; DB shall be entitled to relief under this Section for adverse weather only to the extent adverse weather days exceed this amount of days.

31.3 A Party shall give written notice to the other Party as soon after becoming aware of the delay or failure in performance caused by an Event of Force Majeure as is reasonably possible, but in any event within five (5) working days after Party becomes aware of such delay or failure.

31.4 No Event of Force Majeure shall be a basis for monetary adjustment to the GMP. Costs incurred by the DB as a result of a Force Majeure Event will be reimbursed according to the terms of this Agreement from the Contingency Fund.

Section 32: Hazardous Materials

32.1 In the event the DB or any other party encounters asbestos or hazardous or toxic materials at the Project Site, or should it become known in any way that such materials may be present at the Project Site or any adjacent areas that may affect the performance of the DB’s services, the DB may, at his or her option and without liability for consequential or any other damages, suspend performance of services on the Project until the City/BSD retains appropriate specialist consultant(s) or contractor(s) to identify, abate and/or remove the hazardous or toxic materials, and warrant that the Project Site is in full compliance with applicable laws and regulations.

Section 33: Disputes

33.1 All claims, counterclaims, disputes, and other matters in question arising under, or relating to, the Agreement or the breach thereof shall be processed in accordance with the provisions of this Section, unless specifically addressed by another provision of this Agreement.

33.2 DB shall submit its written request for additional compensation for work beyond the scope of this Agreement to City/BSD pursuant to Section 9. City/BSD shall make a determination on DB’s request in writing within 7 days of receipt of request and all supporting data. Said request for approval of work beyond the scope of this Agreement shall be made in good faith and accurately reflect the adjustment in project fee or schedule for which DB believes City/BSD is liable, and covers all costs and delays to which DB believes it is entitled as a result of the occurrence of the claimed event. All requests for adjustment in schedule shall include an analysis of the impact of the claimed work on specific activities on the schedule. 02/10/2026 C7 25 of 321

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33.3 If DB disagrees with City/BSD’s determination, DB shall file a claim in writing in accordance with the procedures set forth in Chapter 1.28 of the Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City/BSD in the implementation of the same.

33.4 Pending final resolution of any claim, including litigation, DB shall proceed diligently with performance of the Project, and comply with any direction of City/BSD.

Section 34: Notices

34.1 All notices, demands or other communications hereunder shall be given or made in writing and shall be delivered personally or sent by courier or registered or certified mail, return receipt requested, postage prepaid, addressed to the Party to whom they are directed at the following addresses, or at such other addresses as may be designated by notice from such Party:

To CITY/BSD:

Engineering Department
Attn: Allison McLaughlin
200 Civic Center Drive
Vista, CA 92084

To DB:

Firestone Builders, Inc.
751 Rancheros Dr. Ste 9
San Marcos, CA 92069

Any notice, demand or other communication given or made solely by mail in the manner prescribed in this Section shall be deemed to have been given and to be effective three (3) days after the date of such mailing; provided, however, that any notice, demand or other communication which would otherwise be deemed to have been given on a day which is not a working day shall be deemed to have been given on the next subsequent working day.

Section 35: Miscellaneous Terms

35.1 Representations: Each Party hereto declares and represents that in entering into this Agreement it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each Party further declares and represents that this Agreement is being made without reliance upon any statement or representation of any other Party not contained herein, or any representative, agent or attorney of any other Party.

35.2 Severability: If any term or condition of this Agreement is held to any extent to be invalid or unenforceable, all the remaining terms and conditions shall be enforceable to the fullest extent permitted by law.

35.3 Entire Agreement: This Agreement contains the entire agreement, between the Parties and supersedes all prior negotiations, discussions, obligations and rights of the Parties in respect of each other regarding the subject matter of this Agreement. There is no other written or oral understanding between the Parties. No modification, amendment or alteration of this Agreement shall be valid unless it is in writing and signed by the Parties hereto. 02/10/2026 C7 26 of 321

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35.4 Drafting Ambiguities: The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and that the decision of whether or not to seek the advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each of the Parties hereto. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement.

35.5 Applicable Law: The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California. Venue for mediation, arbitration and/or actions arising out of this Agreement shall be in the City/BSD of Vista, California.

35.6 Waiver: Unless otherwise expressly provided herein, no delay or omission by the Parties hereto in exercising any right or remedy provided for herein shall constitute a waiver of such right or remedy, nor shall it be construed as a bar to or a waiver of any such ri ght or remedy on any future occasion.

35.7 Effect of Headings: Headings appearing in this Agreement are inserted for convenience of reference only, and shall in no way be construed to be interpretations of the provisions hereof.

35.8 Amendments: This Agreement may be modified, amended or supplemented only by the mutual written agreement of the Parties hereto.

35.9 Authorization and Compliance: Each Party represents that it is duly authorized to execute and carry out the provisions of this Agreement.

35.10 Further Assurances: The Parties agree to do such further acts and things and execute and deliver such additional agreements and instruments as the other may reasonably require to consummate, evidence or confirm the agreements contained herein in the manner contemplated hereby.

35.11 Counterparts: This Agreement may be executed by the Parties in one or more counterparts, all of which taken together shall constitute one and the same instrument. The facsimile signatures of the Parties shall be deemed to constitute original signatures, and facsimile copies hereof shall be deemed to constitute duplicate original counterparts.

35.12 Exhibits: All Exhibits are incorporated herein by reference into this Agreement.

35.13 Third Party Beneficiary: Nothing within this Agreement shall create a contractual relationship between the City/BSD and any third party.

35.14 Counterparts; Electronic Signatures; Electronic Delivery: This Agreement may be executed in separate counterparts, none of which need contain the signatures of both Parties, and each of which, when so executed, shall be deemed an original and all together shall constitute and be one of the same instrument. The Parties agree that this Agreement, whether executed by electronic signature, digital signature, or constituting a scanned or electronically reproduced copy or image of this Agreement bearing the signatures of the Parties, will be deemed an original and will represent competent evidence of the execution, terms and existence of this Agreement notwithstanding the failure or inability to produce an original executed Agreement or counterpart thereof, and without the requirement that the unavailability of such original executed Agreement or counterpart thereof first be proven. Further, the exchange of this entire executed Agreement (and/or such exhibit(s) or document(s)) that is in photostatic or portable document format (.pdf) 02/10/2026 C7 27 of 321

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form by electronic mail or by another electronic means shall be considered original(s) and shall constitute effective execution and delivery of the original(s).

Section 36: Prevailing Wages; Labor Law Compliance

This contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works. Design-Builder agrees to execute City/BSD’s Agreement to Comply with California Labor Law Requirements (Exhibit 5) and to comply with the Labor Code to the extent that work under this Agreement is subject to those requirements.

[Continued on page 25Section 37: Execution
Section 37: Execution
Section 37: Execution
Section 37: Execution
.]

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Section 37: Execution

IN WITNESS WHEREOF; the Parties hereto have executed this Agreement as of the Agreement Date.
“City/BSD”

CITY OF VISTA, a chartered municipal
corporation and BUENA SANITATION
DISTRICT, a county sanitation district

BY:

JOHN B. FRANKLIN,

MAYOR/CHAIRPERSON

ATTEST:

KATHY VALDEZ, CITY CLERK/CLERK OF THE
BOARD

BY:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY/DISTRICT

COUNSEL

BY:

RISK MANAGEMENT REVIEW:

ANALISA HOLBROOK, RISK MANAGER

BY:

APPROVED
Amanda L. Guy
20260120133517

“Design Builder”

Firestone Builders, Inc., a California
corporation

By:

Name/Title

BY:

Name/Title

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EXHIBIT LIST

1. Design/Build Services Proposal, Schedule of Rates, and Project Schedule

2. Insurance and Bonding Requirements

3. Request for Proposal (RFP)

4. Project Site

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EXHIBIT 1
Design/Build Services Proposal, Schedule of Rates, and Project Schedule 02/10/2026 C7 31 of 321

City of Vista
Building C Improvements
Proposal by Firestone Builders

Date 12/3/2025

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City of Vista
Building C Improvements
Table of Contents

Cover Page ___________________________________________________________ 1 Table of Contents _____________________________________________________ 2 General Information ___________________________________________________ 3 Experience and Technical Competence _________________________________ 8 Proposed Method to Accomplish the Work _____________________________ 10 Project Organization and Key Personnel _______________________________ 12 Financial Arrangements for DBT Members _____________________________ 15 Minimum Contractor Qualiﬁcations ___________________________________ 16 Schedule of Rates and Fees __________________________________________ 18 Preliminary Design and Construction Schedule ________________________ 21 Exceptions to the Project Information _________________________________ 23 Additional Information _______________________________________________ 24 Resume’s ___________________________________________________________ 27 Certiﬁcate of Insurance ______________________________________________ 30 Bonding Capacity Letter _____________________________________________ 31 Rate Sheet _________________________________________________________ 32 CSLB ______________________________________________________________ 33 DIR Registration ____________________________________________________ 35 02/10/2026 C7 33 of 321

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City of Vista
Building C Improvements

1. General Information
Executive Summary
Firestone Builders is pleased to submit this design–build (DB) overview for your planned building expansion and interior tenant improvements. Our team views this project as an opportunity to upgrade the way the City’s staff experience this facility every day, beyond just adding square footage. As a local general contractor with extensive public-sector and design–build experience, we are committed to delivering a fully functional, code- compliant, durable facility that reﬂects civic pride, delivered safely, on time, and within the approved budget.

Our Design–Build Philosophy
Our DB model is founded on a simple principle: one team, one contract, one shared goal.

Firestone Builders will lead an integrated team of designers, engineers, and key trade partners, eliminating ﬁnger-pointing, compressing the schedule, and providing the City with a single point of accountability.

Key elements of our philosophy include:
• Early collaboration between all stakeholders to align scope, budget, and schedule before design is advanced.
• Open-book, transparent budgeting that shows the City how decisions affect the bottom line.
• Continuous constructability and value analysis to ensure efficient, cost-effective construction.
• Risk management built directly into the process.

This integrated approach is highly effective for building expansions in occupied facilities, as it directly addresses operational continuity, phasing, and staff safety.

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Commitment to the City’s Objectives
We understand the City’s primary objectives are:
•Deliver a high-quality building expansion and interior remodel that supports modern staff needs.
•Maintain continuity of City services and ensure safe access for staff and visitors during construction.
•Protect public funds by staying within the approved budget and minimizing change orders.
•Achieve timely completion with a realistic, achievable schedule.

Our team evaluates every major decision—from material selection to phasing—through the lens of cost, schedule, maintainability, and long-term value for the City.

Design & Preconstruction: Ensuring Success
We believe projects are won or lost before construction begins. Our process front-loads effort in the design and preconstruction phase:
•Programming & Criteria Alignment: We conﬁrm program requirements (layouts, meeting spaces, infrastructure capacity) against existing conditions and code requirements (Title 24/ADA) to prevent later surprises. •Concept Design with Cost Feedback: Our estimating team provides real-time cost models as conceptual plans develop. This real-time feedback loop allows the team to tune scope and systems directly to the City’s budget. •Constructability and Phasing: Our superintendents and key trade partners review drawings at each milestone. For an occupied facility, we develop a detailed phasing plan addressing staff relocations, safe separation of areas, and sequencing disruptive work (often off-hours).
•Guaranteed Maximum Price (GMP): We reﬁne the budget through detailed estimates and prepare a transparent GMP proposal. This provides the City with cost certainty while retaining ﬂexibility to make informed decisions.
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Construction: Safe, Organized, and Predictable
Once construction begins, Firestone Builders ensures the City can focus on operations, not construction headaches. Our approach emphasizes safety, communication, and quality discipline:
• Safety and Site Logistics: We implement a project-speciﬁc safety and logistics plan, including fencing, clear access/egress routes, and material staging that minimizes disruption. Our program aligns with Cal/OSHA and public-works best practices. • Communication & Coordination: Regular progress meetings address the schedule, design clariﬁcations (RFIs), potential changes, and safety. We maintain a clear communication chain so staff always know who to contact. • Quality Assurance & Quality Control (QA/QC): Our process includes pre-installation meetings, thorough submittal reviews, and regular punch-list walks throughout the project to ensure the ﬁnished facility meets or exceeds the City’s standards.

Why Firestone Builders
Firestone Builders offers local public-works experience, a collaborative DB approach, and a culture of accountability. We are committed to:
• Protecting the City’s time with realistic scheduling. • Protecting the City’s budget with disciplined preconstruction and open-book GMP. • Delivering quality that serves staff and the public for decades. • Being a good partner —transparent and solutions-focused from kickoff through warranty.

We look forward to demonstrating what Firestone Builders can deliver.

The following individuals constitute the Design-Build Team (DBT) and will be assigned to the Project:
• Lynn Hankins - Project Manager (PM)
• Nate Huizar - Superintendent (Super)
• Joe El-Maasri – Project Executive
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• Bruno Vasquez – Lead Designer
• Jim Hernandez – Architect of Record
• Paul Christenson - Structural Engineer

Legal Name and Address
• Legal Name: Firestone Builders Inc.
• Address: 751 Rancheros Dr. Ste 9, San Marcos, CA 92069

Legal Form of Company
The company is structured as a Corporation, S-type. The date of California incorporation was August 26, 2004.

Parent Company Identiﬁcation
Firestone Builders Inc. is privately owned and is not a wholly owned subsidiary of a "parent company.

Addresses of Offices Located in San Diego County
The company's office is located at the same address as listed above:
• 751 Rancheros Dr. Ste 9, San Marcos, CA 92069

Number of Employees in San Diego County
Firestone Builders Inc. currently employs 14 individuals in San Diego County.

Name, Title, Address and Telephone Number of Person(s) to Be Assigned to Project 02/10/2026 C7 37 of 321

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Name Title Phone Number
Lynn Hankins Project Manager (760) 571-3945
Nate Huizar Superintendent (760) 759-3455
Bruno Vasquez Designer (760) 304-1234
Jim Hernandez Architect (760) 304-1234
Dina Perez Accounting (760) 557-5498

Name, Title, Address and Telephone Number of Person to Contact Concerning the Proposal
The primary and secondary contacts for this proposal are:
• Joe El-Maasri – Project Executive – (760) 304-1234
• Kevin Elliott – Estimator – (760) 571-3950

Secretary of State Entity Number and California Department of Industrial Relations Number
• FEI # (Secretary of State Entity Number): 201903504
• CSLB # (Contractor's License Number): 615129
• DIR # (CA Department of Industrial Relations Number): 1000010351 • SB-PW # (Small Business Public Works): 2016708

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2. Experience and Technical Competence
Firestone Builders is highly experienced in working in partnership with public agencies, third-party construction managers, and building departments to keep projects on schedule, within budget, and compliant with all code and permitting requirements. Our core team is built around long-term relationships with local architects, engineers, and specialty subcontractors, enabling us to assemble cohesive teams quickly.

We routinely lead projects that combine building expansions, full interior reconﬁgurations, site work, and systems upgrades while facilities remain partially occupied. Our portfolio mirrors the size, scope, and complexity of the Building C project. Below are three representative projects that highlight this expertise.

1. Nativity Prep Academy | Design-Build Tenant Improvement • Project Type: Educational/Institutional Modernization • Scope: Comprehensive Design-Build renovation of the academy’s common areas.

Scope included a new commercial-grade kitchen, upgraded restroom facilities, a multi-purpose room, and ﬂexible learning environments with operable partitions. • Relevance: Matches Project Delivery Method. We utilized Design-Build to manage complex phasing within an semi-occupied campus. The team provided extensive pre-construction cost modeling to balance strict security protocols with programmatic needs.
• Value: $2,100,000
• City/Owner Contact: Joe Bonin – (619) 442-9200

2. Cuyamaca Business Center | Ground-Up Commercial Development • Project Type: Ground-Up Construction & Site Development • Scope: Full site development including Right-of-Way (ROW) improvements, mass grading, shell construction, and interior tenant improvements. • Relevance: Demonstrates Budget & Schedule Control. We successfully led a uniﬁed design and permitting team under a Guaranteed Maximum Price (GMP) structure.

Our team coordinated phased bid packaging to navigate entitlement processes and accelerate the critical path.
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• Value: ~$4,000,000 (Currently in Construction)
• City/Owner Contact: Dr. Smit Patel – (619) 442-6686

3. Vista Magnet Middle School & Foothill Oaks | District Infrastructure • Project Type: Public Works Construction & Design Coordination • Scope: Critical infrastructure upgrades including rooﬁng systems, custom fabrication of drainage solutions, and structural grade beam hardscapes. • Relevance: Local City of Vista Experience. While executed under a traditional contract, this project required extensive Design-Assist capabilities. Our team engineered in-ﬁeld design modiﬁcations and custom drainage solutions to address unforeseen conditions without delaying the schedule. It establishes our strong working relationship with City of Vista inspectors and standards. • Value: $3,600,000
• City/Owner Contact: Brett Harris – (760) 331-8324

Team Continuity The speciﬁc leadership team proposed for Building C (Project Executive, Project Manager, and Superintendent) has successfully collaborated on the projects listed above. This continuity ensures that Firestone Builders’ proven communication protocols, safety standards, and collaborative culture are carried directly into the City of Vista’s project, ensuring efficiency from Day One.

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3. Proposed Method to Accomplish Work
Firestone Builders fully understands the City’s objective to transform Building C into a modern, efficient Public Works facility. Our proposal integrates the 1,400 SF addition and the renovation of the existing 4,000 SF structure into a seamless design-build effort. We are committed to matching the exterior aesthetics of Building A and delivering a grid-tied PV system that offsets the facility's electrical usage.

Local Expertise & Integrated Approach Our method is underpinned by 34 years of continuous operation in North County. This history provides the City with a distinct advantage: we possess deep-rooted relationships with the speciﬁc local subcontractors, inspectors, engineers, and civil personnel required to deliver this project. We leverage these established lines of communication to streamline permitting, expedite inspections, and resolve ﬁeld issues quickly. Our approach is delivered in three coordinated phases— Design & Pre-Construction, Construction, and Operations—ensuring cost, schedule, and constructability are aligned from day one.

Strategic Structural Solution: Off-Site Fabrication to maximize budget efficiency and accelerate the schedule, Firestone Builders proposes utilizing a pre-engineered metal building system for the new addition. By fabricating the structure off-site, we can proceed with site preparation and foundation work simultaneously, signiﬁcantly reducing the overall construction timeline. This method not only offers substantial cost savings but also ensures strict quality control. Crucially, the exterior cladding and ﬁnishes will be custom- selected to match the existing Building A perfectly, ensuring visual continuity across the campus while delivering a robust, low-maintenance structure.

Operational Continuity & Logistics We recognize that the Public Works campus must remain operational. Our team will execute a "zero-downtime" relocation plan for the ﬁve Building C staff members to 1250 Arcadia Ave, handling all physical moving and equipment setup. During construction, we will implement strict site controls to manage noise, dust, and safety, while carefully preserving the existing HVAC system to maximize value.

Technical Execution & Design Management During Phase I, we utilize user-group workshops and detailed site veriﬁcation to validate space needs (offices, locker rooms, 02/10/2026 C7 41 of 321

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laundry, etc.). At every design milestone (Preliminary, 60%, 90%), we provide updated cost models and constructability reviews. This rigorous pre-construction process ensures the GMP negotiations are transparent and the project remains strictly within the City’s budget and schedule constraints.

Project Controls & Communication Firestone Builders employs a robust management suite, utilizing Procore for cloud-based document control (RFIs, Submittals, QA/QC) and Microsoft Project for Critical Path Method scheduling. Communication will be structured and predictable, featuring:
• Weekly Coordination Meetings: Ensuring alignment between the City, the CM, and our design team.
• Regulatory Management: We handle all coordination with the Building Department and outside agencies, covering SWPPP, special inspections, and environmental compliance.
• Closeout: We ensure a smooth transition with comprehensive training, clear as- builts, and a warrantied, commissioned facility ready for immediate use. 02/10/2026 C7 42 of 321

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4: Project Organization and Key Personnel

Project Organization and Key Personnel Statement
Firestone Builders is honored to present our highly qualiﬁed and staffed team for this Design-Build (DB) project. Our team's collective knowledge, technical expertise, and deep- rooted commitment to the North County Community ensure a seamless and successful project delivery. We are committed to maintaining the proposed team composition, and no changes will be made without the City's prior approval.

Proposed Project Organization and Responsibilities
Our project organization is structured to ensure clear communication, streamlined execution, and accountability across all phases of the project. The Design-Build Team (DBT) is led by Firestone Builders as the General Contractor (GC) and prime consultant, working in tight collaboration with our key personnel and sub-consultants.

Organizational Chart
Key Personnel and Team Roles
• Prime Consultant (General Contractor): Firestone Builders - The prime consultant holds the overall responsibility for the entire Design-Build process, including project delivery, budget, schedule, quality control, safety, and managing all consultants and subcontractors. Firestone Builders will serve as the single point of contact and accountability for the City.
• Sub-Consultants - All necessary design sub-consultants (e.g., structural, MEP, civil, etc.) will be managed by Firestone Builders and will work under the direction of the Project Designer to ensure cohesive, constructible design documents.

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Key Personnel Responsibilities and Commitment
Role Key Personnel Core Responsibilities Project
Commitment
Project
Executive Joe El-Maasri
Visionary leadership, establishing
strong partnerships, and executive
oversight for successful outcomes.
20%
Project Manager Lynn Hankins
Day-to-day management during
phase 2&3, budget/schedule control,
managing communication, and
documentation from inception to
completion.
75%
Project Designer Bruno Vasquez
Leading design development,
navigating complex code
requirements, managing the
permitting process, and providing
design support during construction.
75%
Superintendent Thomas Huizar
Full-time on-site operations
leadership during the construction
phase, subcontractor coordination,
schedule management, quality
control, and safety (OSHA 30
certiﬁed).
100% (Full-
Time)
Project
Coordinator
(Accounting)
Dina Perez
Managing all ﬁnancial aspects
(AP/AR), contract administration, and
insurance compliance, ensuring
meticulous ﬁnancial control.
40%
All key personnel are committed to the project for the duration of their respective roles.

Resumes of all key personnel are provided in the Appendix of this proposal.

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Local Expertise and Capacity
Utilization of Local Firms and Expertise
Firestone Builders and our key personnel have a strong and sustained presence of over 34 years in Vista and North County. Our extensive history of successful project delivery in this region ensures an unparalleled familiarity with all local laws, ordinances, regulations, policies, requirements, and permitting processes. This local expertise is critical to mitigating unforeseen challenges, accelerating the permitting phase, and ensuring seamless compliance, which directly translates into on-time and on-budget project completion.

Capacity and Workload
Firestone Builders possesses the robust capacity to execute this work within the required time limitations. The proposed staffing level is planned to ensure dedicated attention without overstretching resources:
• Our Superintendent is 100% dedicated to this project during construction, ensuring constant on-site leadership and focus.
• The remainder of the key personnel have time allocated based on project demands, ensuring a strong presence while maintaining efficiency: Project Executive at 20%, Project Manager at 75%, Designer at 75%, and Project Coordinator (Accounting) at 40%.

Our current and planned workload is carefully managed, allowing us to fully commit the necessary workforce and resources to the success of this project. The depth of experience and the strategic staffing plan demonstrate that Firestone Builders is not only knowledgeable but also staffed to perfection, ready to deliver this project with excellence.

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5. General Contractor Statement: Financial Arrangement for DB Proposal

Firestone Builders is pleased to submit this statement regarding the ﬁnancial arrangement for our Design-Build (DB) proposal to the City of Vista.

As a dedicated and ﬁnancially stable S-type corporation, Firestone Builders will be the single entity fully responsible and liable to the City of Vista for the entire scope of work, including design and construction services, under the resulting contract. Our corporate structure allows for a streamlined ﬁnancial and contractual relationship, providing the City with a single point of accountability.

Liability and Team Arrangements
The City of Vista requires a statement addressing ﬁnancial arrangements between joint venture members as they relate to liability. Since Firestone Builders is not a Joint Venture Team, this speciﬁc requirement for inter-member ﬁnancial arrangements is not applicable.

However, we conﬁrm that our internal ﬁnancial structure ensures that all costs, liabilities, and obligations associated with the project, including those related to our key team members, will be managed and guaranteed by Firestone Builders as the sole contractual party.
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6. Minimum Contractor Qualiﬁcations

Firestone Builders Inc. is pleased to submit this statement conﬁrming that we possess all required licenses, qualiﬁcations, and ﬁnancial capacity necessary to successfully execute the Design-Build (DB) proposal for the Bldg. C expansion.

We understand the requirement that the Design-Build submission must include a contractor who possesses the applicable California Contractor's license and must also submit evidence of ﬁnancial capability to be bonded for such projects.

Required Licenses and Registration
Firestone Builders, Inc. is fully licensed and registered in the State of California:
• California Contractor's License (CSLB): Our license #615129 is current and active.

Our classiﬁcations include B-GENERAL BUILDING and A-GENERAL ENGINEERING.

This conﬁrms we have the applicable license required for this type of general construction and engineering project.
• DIR Public Works Contractor Registration: We are fully registered with the Department of Industrial Relations (DIR) for public works. Our registration, 1000010351, is DIR Approved with an expiration date of 2028-06-30.

Financial Capability and Bonding
We have secured evidence of our ﬁnancial capability and bonding capacity as required. • Surety Credit Letter (Bond Cap): Contractors Bonding and Insurance Company has provided a letter conﬁrming our bonding ability. The letter indicates a willingness to entertain a $5,000,000 single job size with an aggregate bonding limit of $10,000,000. This ﬁnancial capability demonstrates our ability to secure the necessary Performance and Payment Bonds upon contract award. The surety company, Contractors Bonding and Insurance Company, carries a current A.M. Best rating of A+ XIV and is an admitted surety in the state of California. • Performance and Payment Bonds: Our surety has a present intention to provide the required Performance and Payment Bonds should Firestone Builders, Inc. be awarded the contract and enter into a mutually acceptable agreement. 02/10/2026 C7 47 of 321

Page 17 of 29 ends

Firestone Builders, Inc. is conﬁdent that our proven qualiﬁcations, current licensing, and conﬁrmed bonding capacity meet or exceed all minimum requirements for this project.

We look forward to partnering with the City of Vista on the successful completion of the Bldg. C expansion.

Attachments:
• Contractors Bonding and Insurance Company Letter of Bondability • CSLB License Detail for License #615129
• DIR Public Works Contractor Registration #1000010351

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7. Schedule of Rates and Fees

Firestone Builders is pleased to present the following Schedule of Rates and Fees for the Design-Build delivery of the City of Vista's Building C Expansion. Our commitment is to provide transparency and a cost structure that ensures the City receives maximum value through efficiency and superior quality.

Project Cost Estimate
This comprehensive cost estimate reﬂects our current understanding of the Project requirements and scope. It is organized by Project Phase to provide a clear path to establishing the Guaranteed Maximum Price (GMP), which will be negotiated at the 90% Construction Document milestone. We emphasize our role as a key partner in the Design and Pre-Construction phase to optimize cost and constructability.

Project Cost Summary
Project Phase Estimated
Cost Notes
Phase I: Design and Pre-
Construction $177,000 Includes all design, engineering, geotechnical, civil compliance, bidding.

Phase II: Construction $TBD @ 90%
CD’s
Includes all procurement, labor, materials,
equipment, and General Conditions costs.

Phase III:

Operation/Start-up
$TBD @ 90%
CD’s
Includes ﬁnal commissioning, training, and
closeout.

Total Estimated Project
Cost TBD Comprehensive Cost Estimate.

Project Cost Estimate Assumptions & Concerns
All assumptions used in this estimate are noted below to maintain complete transparency 02/10/2026 C7 49 of 321

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• Assumptions Used: Firestone Builders assumes the existing building has fully functioning wet and dry utilities, no roof or structure water leaks, no slab moisture problems, a fully functioning HVAC system, electrical appropriately sized.

Additionally, Firestone Builders proposes using an off-site fabricated metal structure similar to the existing building C.
• Areas of Concern: Our team has identiﬁed speciﬁc pre-construction variables that require diligent management, namely municipal stormwater compliance and the handling of native soil conditions. We have proactively accounted for robust SWPPP implementation and close coordination with geotechnical engineers to mitigate risks associated with subgrade preparation and any unforeseen subsurface obstacles. It is important to note that these areas of focus are strictly limited to preliminary site work; once the building pad is poured and certiﬁed, we foresee no further concerns and anticipate a seamless vertical construction process. • Special Inspections: Note that the cost for all required Special Inspections will be paid by Firestone Builders.

Project General Conditions
Our General Conditions are managed efficiently to support the highest levels of quality, safety, and project coordination. Per RFI question 8 phase 2 & 3 cost estimates will be developed during the initial phase of work and ﬁnalized at 90% CD’s.

Cost of Work Multipliers (Fee)
Firestone Builders proposes a competitive and comprehensive overhead and proﬁt rate designed to cover the full scope and risk proﬁle of this complex Design-Build project. This rate is applied to the Cost of Work for each major phase as it is released and bid to subcontractors.
• Overhead & Proﬁt (OH&P) Percentage Rate: 10%
• Liability Insurance Multiplier: 1.5%
• Payment & Performance Bonding: 1.5%
This transparent multiplier ensures that all of Firestone Builders' corporate overhead, proﬁt margin, and general liability costs are clearly accounted for throughout the project.

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Change Orders
To ensure consistency and efficiency in managing project adjustments, the following ﬁxed Overhead & Proﬁt (OH&P) rate will be applied to all subsequent changes to the major phases of the Project. This rate applies equally to both additive and deductive changes, conﬁrming our commitment to fair and balanced contract administration. • Change Order (CO) Overhead & Proﬁt Percentage Rate: 12% • Payment & Performance Bond Rate: 1.5%
• Liability Insurance Rate: 1.5%

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8: Preliminary Design and Construction Schedule

Firestone Builders is pleased to present a preliminary schedule that balances aggressive efficiency with the high-quality standards the City of Vista expects. Our team has analyzed the project deliverables to develop a streamlined timeline that prioritizes early "dry-in" to maximize trade overlap and ensure a predictable turnover date.

Schedule Overview Our Design-Build approach integrates the pre-construction and execution phases to mitigate delays. The project timeline is structured into three primary phases:
• Design & Permitting: 9–12 Months
• Submittals & Procurement: 2-3 Months
• Construction: 9 Months

Construction Phase Breakdown
Once mobilization begins, our ﬁeld team will execute a tight critical path schedule, moving from site preparation to structural erection and interior ﬁnishes.

Site Work & Structure (Weeks 1–15)
• Mobilization & BMPs: Site security, erosion control, and staging setup (3 Weeks). • Demolition: Pad and utility demo, concurrent with interior demolition in the existing structure (2 Weeks).
• Concrete & Structure: Forming, pouring the pad and curing (4 Weeks) followed immediately by the erection of the metal structure (4 Weeks). • Building Envelope: We target a rapid "roof in" milestone (2 Weeks) to weather-tight the building.

Interior Rough-in & Finishes (Weeks 16–36)
• Systems & Framing: Implementation of interior waste changes/under-slab plumbing (2 Weeks), followed by wall framing (2 Weeks) and MEP rough-in (3 Weeks). 02/10/2026 C7 52 of 321

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• Walls & Ceilings: Drywall hang, tape, and texture (3 Weeks), followed by painting and ACT/Grid installation (1 Week each).
• Final Finishes: Installation of doors, millwork (2 Weeks), and ﬂooring (2 Weeks). • Completion: Final MEP trim (3 Weeks) and a dedicated week for Punch List and closeout to ensure a ﬂawless handover.

Schedule Considerations & Risk Mitigation
Per the RFP requirements, we have identiﬁed speciﬁc areas that require proactive management to maintain this schedule:
• Long-Lead Procurement: The 2-3 month submittal/procurement window is critical for the metal structure, electrical, and long lead time items. Firestone Builders will prioritize the early release of these packages during the design phase to prevent supply chain bottlenecks.
• Existing Conditions: As this includes an expansion and interior renovation (speciﬁcally waste line changes), unforeseen underground obstructions are a risk.

Native soil conditions will need to be assessed during the geotechnical phase. • Permitting Duration: The 9-month design/permit duration allows for standard review times. However, our Design-Build team will maintain active communication with City reviewers to expedite plan checks where possible.

Firestone Builders is committed to driving this schedule proactively, ensuring the Building C Expansion is delivered to the City of Vista on time and on budget.

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9: Exceptions to Project Information

Statement of No Exceptions
Firestone Builders has conducted a comprehensive review of the bid documents provided by the City of Vista. We appreciate the clarity and thoroughness of the provided Project Information and the Sample Agreement included in Appendix A.

In accordance with the proposal requirements, Firestone Builders certiﬁes that we take no exceptions to the Project Information, including the Sample Agreement terms. We are prepared to execute the contract as presented and look forward to a collaborative partnership with the City on this expansion.
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10: Additional Information

Insurance Coverage
Firestone Builders maintains comprehensive insurance coverage that meets or exceeds industry standards to protect all stakeholders throughout the project lifecycle. • Coverage: We carry full General Liability, Workers' Compensation, and Excess/Umbrella liability policies for the Prime Respondent and our co-venture partners.
• Documentation: Please refer to the attached copy of our current Certiﬁcate of Insurance (COI) for speciﬁc policy limits, deductibles, and exclusions.

Safety Policy & Implementation
At Firestone Builders, safety is not just a policy; it is the foundation of our culture. The personal safety and health of each employee and trade partner is paramount, taking precedence over operating productivity whenever necessary.

Our safety program is governed by a comprehensive Injury and Illness Prevention Program (IIPP), to ensure strict compliance with Cal/OSHA standards.

Implementation on the City of Vista Jobsite:
• Hazard Assessment: We conduct site-speciﬁc inspections at least monthly, with high-hazard areas inspected weekly or daily. We will utilize a Job Hazard Analysis (JHA) referenced in the attached documentation to identify risks before work begins. • Training: All employees receive mandatory training on critical subjects including Emergency Action Plans, Hazard Communication, and Material Handling. We ensure every worker is trained on the speciﬁc hazards of their job assignment prior to starting work.
• Communication: We maintain open, two-way communication regarding safety through regular safety meetings and a system for anonymous hazard reporting without fear of reprisal.

In-House Resources & Technology
Firestone Builders leverages premier construction technology to ensure seamless project delivery, accurate modeling, and real-time collaboration. 02/10/2026 C7 55 of 321

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• Project Management: We utilize Procore, a cloud-based platform that connects the ﬁeld to the office, ensuring the City of Vista has real-time access to daily logs, RFIs, and submittals.
• Document Control: We use Bluebeam for digital plan management, allowing for precise, collaborative markups and instant distribution of plan revisions. • Design & Modeling: Our design partners utilize modern CAD and BIM tools to visualize the expansion, identify clashes early, and streamline the transition from concept to construction.

Self-Performance & Labor Relations
To control schedule critical path and ensure the highest quality standards, Firestone Builders maintains the capability to self-perform key trades. • Self-Performed Scope: We utilize our own skilled workforce for Demolition, General Labor, and Plumbing. This allows us to rapidly mobilize and control the schedule during the crucial early stages of the project.
• Labor Relations: Firestone Builders operates as an open-shop contractor and has no signatory agreements with labor unions. This structure allows us to solicit the most competitive pricing from a wide pool of qualiﬁed subcontractors.

Design-Build (DB) Process & GMP Development
Our Design-Build approach is collaborative and iterative. We utilize the following process to develop a Guaranteed Maximum Price (GMP) that minimizes risk and maximizes value for the City of Vista.
• Timing of the GMP We recommend establishing the GMP at the ﬁrst design submittal (approximately 90% design completion). This timing strikes the perfect balance: the design is deﬁned enough to provide a ﬁrm price, but ﬂexible enough to incorporate ﬁnal client adjustments without costly change orders. • Calculation of the GMP The GMP is calculated using an "Open Book" methodology.

We aggregate competitive bids from subcontractors for all trade packages, add our self-performed work costs, and apply the agreed-upon fees and general conditions.

This provides the City of Vista with complete cost transparency. 02/10/2026 C7 56 of 321

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Managing Unknowns & Escalation We mitigate the risk of unknowns through rigorous planning and preparation.
• Escalation: We lock in pricing for volatile materials early (early procurement) and carry speciﬁc escalation allowances based on current market trends. • Contingency: We identify potential "unknowns" during the design phase and assign speciﬁc contingencies to them, rather than inﬂating the overall budget.

The Conceptual Estimating Process Our estimating process moves from the conceptual to details.
• Conceptual: We use historical data from similar facility expansions to build a budget framework.
• Schematic: As the design evolves, we perform quantity take-offs on major systems (structural, MEP) using Bluebeam take-off software.
• Detailed: We reﬁne the estimate iteratively, providing the City with updated "cost checks” to ensure the design remains aligned with the budget.

Input from Specialty Contractors
We engage key specialty contractors (Mechanical, Electrical, Plumbing) early in the design phase. Their input on constructability and material availability allows us to "value engineer" the project in real-time, preventing costly redesigns later.

Primary Challenges in Establishing GMP
The primary challenges usually involve market volatility and deﬁning scope gaps. We overcome these by deﬁning a clear "Basis of Design" early and pre-purchasing long-lead equipment to protect the project against price spikes.

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Page 27 of 29 ends

Joe El-Maasri, Project Executive
As an esteemed business leader and visionary, Joe El-Maasri brings a wealth of experience to the Vista Building C Project. In his role as President and Project Executive at Firestone Builders, he has spearheaded the company’s growth, establishing strong partnerships throughout the San Diego community. With over two decades of extensive experience in the construction industry, he offers unmatched knowledge and expertise.

Joe’s career has been distinguished by a focus on commercial improvements, along with successful involvement in ground-up construction projects. Having navigated the complexities of similar ventures, his in-depth understanding of the intricacies inherent in such projects positions him as a seasoned professional capable of seamlessly guiding the Vista Building C Project toward success.

The proposed project aligns seamlessly with his extensive background in construction and project management. His proven track record of managing complex projects and navigating regulatory requirements demonstrates his ability to ensure successful outcomes. Joe is eager to bring his multifaceted expertise to this project and contribute to the continued success of Vista Building C Roof Project in this impactful endeavor.

Lynn Hankins, Project Manager

With an exemplary project management career spanning over two decades, Lynn assumes the pivotal role of Project Manager for the Vista Building C Project.

Renowned for her specialization in handling complex projects, Lynn brings a wealth of experience to the forefront. Her core focus lies in meticulous budget and schedule management, coupled with the delivery of comprehensive project documentation from inception to completion.

In her role, Lynn is committed to fostering transparent and clear communication channels with the City, design team members, and the construction team. This collaborative approach ensures a uniﬁed effort in delivering the project at an exceptional level of quality. Lynn's motivation and results-oriented mindset drive her to leverage extensive skills in strategic planning and problem-solving, bringing leadership, enthusiasm, and dedication to her role as Project Manager.

Lynn's attention to detail stands unparalleled in the industry, complemented by her ability to maintain project schedules and inject creativity where possible to expedite timelines while keeping projects under budget. Her unique blend of experience, strategic acumen, and a creative problem-solving approach positions Lynn as a key asset in steering the Vista Building C Project to a successful completion.

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Bruno Vasquez, Project Designer

Bruno Vasquez is a seasoned design professional with over 20 years of experience preparing design projects and construction documents. His extensive background allows him to navigate complex code requirements while ensuring that projects are both functional and aligned with client goals.

For the Vista Building C Project, Bruno is responsible for leading the development of the design plans and managing the permitting process with the City of Vista.

His expertise in design and regulatory compliance ensures a smooth approval process and a strong foundation for project success.

Once permitting is secured, Bruno will continue to support the project manager through the construction phase, offering design insight and technical guidance to ensure the project is executed according to the approved plans. His combination of deep technical knowledge, practical ﬁeld experience, and commitment to quality makes him an invaluable part of the project team, helping deliver a state-of-the-art environment for City of Vista team and the community it serves.

Thomas Nathaniel Huizar, Superintendent

Thomas Nathaniel Huizar is an experienced Superintendent with a strong background in commercial tenant improvements and ADA-compliant construction. With over a decade of hands-on experience, Thomas brings a detail-oriented and solution-driven approach to managing complex multi-staffed construction projects.

He has successfully completed multiple similar projects, making him uniquely familiar with the operational goals, quality expectations, and compliance standards. His understanding of sensitive construction requirements, including accessibility and regulatory coordination — ensures smooth execution in occupied or sensitive environments.

Thomas holds an OSHA 30 certiﬁcation, reinforcing his commitment to maintaining a safe, compliant, and efficient jobsite. As Superintendent for the Vista Building C Project, he will lead all on-site operations, including subcontractor coordination, schedule management, and quality control. He is responsible for maintaining daily logs, tracking schedule milestones, and ensuring all work is performed in accordance with approved plans, codes, and standards.

With a proven track record, OSHA-certiﬁed safety knowledge, and a client- focused mindset, Thomas is well-positioned to help deliver a successful and compliant buildout for the City of Vista team.
02/10/2026 C7 59 of 321

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Dina Perez, Project Coordinator

With an impressive 25 years of experience, Dina would serve as the Project Coordinator for the Vista Building C Project. Specializing in Accounts Payable, Accounts Receivable, Contract Administration, and Insurance Compliance, Dina is a seasoned professional adept at managing the ﬁnancial intricacies of large-scale construction projects.

Her expertise lies in maintaining meticulous control over project ﬁnances and ensuring ﬂawless coordination between vendors, clients, and internal teams. Dina's proﬁciency extends to contract administration, where her keen attention to detail guarantees compliance with project requirements. Her longevity in the construction industry is a testament to her dedication and reliability in handling the ﬁnancial aspects crucial to project success.

Dina has a proven track record of managing complex ﬁnancial portfolios within the construction industry. With an unwavering commitment to precision and efficiency, she plays a vital role in ensuring the Vista Building C Project progresses smoothly through its ﬁnancial landscape.

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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

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

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

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

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

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

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

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

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

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

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

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

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

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

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

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

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

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

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

AUTOS ONLY
11/6/2025
Kirk Miller Insurance Agency, Inc.
10636 Scripps Summit Court #110
San Diego CA 92131
Jodi Hollow
(858) 240-2593
[email protected]
Firestone Builders, Inc
751 Rancheros Drive #9
San Marcos CA 92069-3043
SCOTTSDALE INS CO 41297
TRUCK INS EXCHANGE 21652
STATE COMPENSATION INS FUND 35076

25.26 Master
A BI/PD DED @ $5K Per Occ BCS2002688 06/01/2025 06/01/2026 1,000,000
100,000
Excluded
1,000,000
2,000,000
2,000,000
B 604742329 06/01/2025 06/01/2026
2,000,000
A
0 XLS2007199 06/01/2025 06/01/2026
5,000,000
5,000,000
C Y 9263541-2024 11/14/2025 11/14/2026 1,000,000
1,000,000
1,000,000

PROOF OF COVERAGE

PROOF ONLY

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02/10/2026 C7 62 of 321

2025 Personnel Rate Sheet
Effective January 1, 2025

At Firestone Builders, Inc., we take pride in delivering high-quality construction management and general contracting services across a wide range of commercial and public-sector projects.

Our team consists of experienced professionals dedicated to efficiency, accuracy, and excellence at every phase of construction.

The following rate schedule reflects our standard hourly billing rates for personnel and support services. These rates apply to work performed under time-and-materials contracts, change orders, preconstruction services, or when otherwise specified in our agreement.

Personnel Hourly Rate
Principal / Officer $250.00
Construction Project Manager $150.00
Construction Manager $150.00
Construction Superintendent $125.00
Architect $175.00
Designer $125.00
Mechanical Engineer $175.00
Electrical Engineer $175.00
Structural / Civil Engineer $175.00
CAD Draftsman / Operator $ 85.00
Cost Estimator $125.00
Clerical / Administrative $ 50.00
Surveying Crew $325.00
Field Crew & Tool Truck $300.00

Additional Charges
• Printing / Reprographics: Direct Cost + 15%
• Mileage: $0.70 per mile
• Consultants: Direct Cost + 15%

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Data current as of 12/3/2025 8:09:24 AM
Home | Online Services | License Details
Contractor's License Detail for License # 615129
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations.

Business Information

FIRESTONE BUILDERS INC
751 RANCHEROS DR SUITE 9
SAN MARCOS, CA 92069
Business Phone Number:(760) 304-1234
Entity Corporation
Issue Date 03/16/1991
Reissue Date 03/28/2005
Expire Date 03/31/2027
License Status
This license is current and active.

All information below should be reviewed.

Classifications
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with WESTERN SURETY COMPANY .

Bond Number: 69839186
Bond Amount: $25,000
Effective Date: 01/01/2023
Contractor's Bond History
Bond of Qualifying Individual
The qualifying individual CHUCRI NABIH EL-MAASRI certified that he/she owns 10 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required.

Effective Date: 09/28/2010
BQI's Bond History
CSLB complaint disclosure is restricted by law (B&P 7124.6 ) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disclosable actions. 
Only construction related civil judgments reported to CSLB are disclosed (B&P 7071.17 ). Arbitrations are not listed unless the contractor fails to comply with the terms. Due to workload, there may be relevant information that has not yet been entered into the board's license database. B - GENERAL BUILDING
A - GENERAL ENGINEERING
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Copyright © 2025 State of California
Workers' Compensation
This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number:9263541
Effective Date: 11/14/2022
Expire Date: 11/14/2026
Workers' Compensation History
Workers' compensation classification code(s):
8810 - Clerical Office Employees
5606 - Contractors-executive level supervisors
8742 - Salespersons-Outside
For a description of the workers' compensation classification code(s) listed for this licensee, contact the licenseeʼs insurance carrier.

Contact information for the licensee's insurer is available by clicking the insurer link above. Classification codes are also available on the Workers' Compensation Insurance Rating Bureau's classification search page.

The board does not verify or investigate the accuracy of classification codes displayed.

Miscellaneous Information
03/28/2005 - LICENSE REISSUED TO ANOTHER ENTITY
Back to Top Conditions of Use Privacy Policy Accessibility Accessibility Certification
02/10/2026 C7 65 of 321

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1000010351 - FIRESTONE BUILDERS, INC.
1000010351 - FIRESTONE BUILDERS, INC.

Customer Account Lookup
PWCR
1000010351
Contractor Status
CSLB
615129
Business Phone
DIR Approved
02/10/2026 C7 66 of 321

Address
760-304-1234
Ext
Registration Start Date
2025-07-01
Legal Entity Name
FIRESTONE BUILDERS, INC.

Doing Business As (DBA)
Firestone Builders, Inc.

Business Structure
President
Joe El-Maasri
Email
joe@ﬁrestonebuilders.com
Registration End Date
2028-06-30
-- None --
Crafts
General Engineering General Building
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Mailing Address
330 Racheros Dr Ste 226
Mailing Address - City

SAN MARCOS
Mailing Address - State
CA
Mailing Address - Zip
92069
Mailing Address - Country
usa
Physical Address
751 Rancheros Dr. Ste 9
Physical Address - City
San Marcos
Physical Address - State
CA
Physical Address - Zip
92069
Physical Address - Country
United States02/10/2026 C7 68 of 321

Related Lists
Registration Dates 8
Terms & Conditions
Privacy Policy
Disclaimer
Nondiscrimination Notice
Accessibility
dir.ca.gov
Copyright 2024 State of California
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EXHIBIT 2
Insurance and Bonding Requirements
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00043997 1 1 of 4

INSURANCE AND BONDING REQUIREMENTS
Contractor shall procure and maintain for the duration of the Contract, and for one year thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1.Commercial General Liability (“CGL”): Insurance Work Office Form CG 00 01 covering CGL on an “occurrence” basis, including products, completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.

2.Automobile Liability: Insurance Work Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.

3.Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4.Surety Bonds as described below.

Contractor shall also provide the additional coverages checked below and at least as broad as:

5. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if Project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

6. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the Project and no coinsurance penalty provisions.

7. Professional Liability (if Design/Build), with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

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

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer shall reduce or eliminate such X
X
X
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00043997 1 2 of 4
deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

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

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.

2. For any claims related to this Project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers.

Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.

Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.

If the Project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such Projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.

Claims Made Policies
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the Contract or the beginning of Contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of Contract work.
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00043997 1 3 of 4

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the Contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of Contract work.

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

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

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

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

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

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.

Surety Bonds
Contractor shall provide the following Surety Bonds if checked:

1. Bid Bond.

2. Payment Bond and Performance Bond.

3. Maintenance Bond.
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The Payment Bond and the Performance Bond shall be in an amount equal to the Contract Ceiling Price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the Contract is for longer than one year a Maintenance Bond equal to 10% of the Contract price is required.

Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

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

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EXHIBIT 3
Request for Proposals
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Page 1 of 1 ends

October 29, 2025
ADDENDUM NO. 1
To the Contract Documents for:

Building C Improvements
C.I.P. No. 8363
To All Contract Document Holders of Record: All contract drawings, specifications, contract documents and other bidding directives remain unchanged except drawings, specifications, sections or parts of sections added to, revised, deleted or clarified by this Addendum.

CHANGES TO THE BIDDING AND CONTRACTURAL DOCUMENTS

1.Instructions to Bidders:

Plans for the existing Building C were added as Appendix D for reference.

END OF ADDENDUM
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Page 1 of 2 ends

November 6, 2025

ADDENDUM NO. 2

To the Contract Documents for:

Building C Improvements
C.I.P. No. 8363

To All Contract Document Holders of Record: All contract drawings, specifications, contract documents and other bidding directives remain unchanged except drawings, specifications, sections or parts of sections added to, revised, deleted or clarified by this Addendum.

CHANGES TO THE BIDDING AND CONTRACTURAL DOCUMENTS

1. Instructions to Bidders:

Plans for the existing Building A were added as Appendix E for reference.

END OF ADDENDUM

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Page 2 of 2 ends

Prospective Bidders shall acknowledge their receipt of this Addendum No. 1 and its incorporation into the bid submitted by executing this document in the designated space below and submitting this document with their bid:

I hereby acknowledge that I have received Addendum No. 1 and its provisions have been incorporated into the attached bid proposal.
_______________________________________________________________________ By
____________________________________ ________________________ Company Date
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November 10, 2025
ADDENDUM NO. 3
To the Contract Documents for:

CHANGES TO THE BIDDING AND CONTRACTURAL DOCUMENTS

1.Instructions to Bidders:

Pre-Proposal Meeting Agenda and Sign-In Sheet included here. 02/10/2026 C7 79 of 321

02/10/2026 C7 80 of 321

END OF ADDENDUM02/10/2026 C7 81 of 321

REQUEST FOR PROPOSALS (RFP)

FOR PROFESSIONAL SERVICES

FOR

BUILDING C IMPROVEMENTS

CIP 8363

Issue Date: October 6, 2025

Mandatory Pre-Proposal Meeting – October 29, 2025 at 10:00 AM at 1165 Taylor St.

Submittal Deadline: December 3, 2025 at 2:00 PM

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REQUEST FOR PROPOSALS

CIP 8363 – BUILDING C IMPROVEMENTS

1.0 INTRODUCTION

The City of Vista is soliciting proposals from qualified design-builder entities (DB) for the Building C Improvements Project (CIP 8363) (Project). The selected DB will provide the City with engineering design and construction services for the Project.

This Request for Proposals (RFP) includes a description of the proposal requirements, criteria for selection, and the scope of services to be provided by prospective DBs.

The selected DB must provide a design-build team (DBT) for the Project comprised of professional engineers, sub-consultants and sub-contractors. All DBT members must be licensed/registered in the State of California under their respective professions.

Interested DBs shall review and utilize the data provided in this RFP and Appendices, previous relevant work, and additional resources during the proposal phase to determine the necessary level of effort required for the project.

All Consultants must create an account on the City’s Electronic Bidding System, OpenGov Procurement to submit a proposal. Consultants can register using the ‘Sign Up’ link at the top of the page at:

https://procurement.opengov.com/portal/cityofvista

Once registered, Consultants must download this solicitation in order to appear on the Bidder’s List as a “Prospective Bidder.” Consultants that fail to specifically download this solicitation will not appear on the Bidders’ List and will be unable to participate or be considered for this RFP. See further instructions related to OpenGov Procurement under Section VIII (Proposal), below.

The Consultant and all subconsultants shall have a City of Vista Business License prior to award of contract. Business licenses can be obtained at www.vistabl.com . A City of Vista Business License is not required to propose on this request for proposals.

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2.0 BACKGROUND AND PROJECT DESCRIPTION

Building C is located at 1165 Taylor Street and is currently used by the City of Vista Public Works department. The building is in need of renovation and expansion to better serve the needs of the City.

The existing building is approximately 4000 SF and will be expanded to include approximately 1400 SF of additional area. The building interior will be remodeled to include, but not limited to, offices, restrooms, training area, locker rooms, conference room, laundry room and kitchen, with preservation of the HVAC system which is relatively new. The building will also include a grid-tied solar photovoltaic (PV) system intended to generate 100% of the electrical energy used at the facility.

The building exterior will be renovated to match the adjacent Building A which was completed in 2021.

The DB will present a design analysis in the Preliminary Design submittal to demonstrate the concept of the project is fully understood.

During the renovation project, the five employees currently working out of Building C will need to be temporarily relocated to 1250 Arcadia Ave. This location was most recently used as a temporary fire station. Office equipment relocation and setup will be included in the scope of work.

The project vicinity map is provided in Appendix C.

3.0 GENERAL OBLIGATIONS OF DB

3.1 The services to be provided by the selected DB are generally to be performed in three “Phases”: Design and Pre-construction Services (Phase I), Construction Services (Phase II), and Operation/Start-up Services (Phase III).

The services to be provided in each Phase are specified below in Section 5.0 (Scope of Work). The selected DB shall:

1. Perform all services, work and obligations as described herein for Phase I for a not to exceed price as specified in DB’s Project Cost Estimate. At 90% complete construction documents during Phase I, a Guaranteed Maximum Price (GMP) will be established for the Phase II and III services, which will include, but not be limited to the cost for all labor, equipment, and material to design and build fully functional facilities, site work, permitting, and improvements in accordance with the all applicable rules, regulations, and laws and insurance and bonding. The DB shall provide line items for bonding, insurance, and fifteen (15) percent DB contingency in the GMP. The DB fee shall be a percentage of the cost of construction defined as the total sum of trade contracts (subcontractors), materials (purchase orders), equipment, self-performed work and general conditions. The DB fee shall not be applied to bonds or contingency amounts. Any costs 02/10/2026 C7 84 of 321

incurred by DB in excess of said GMP shall be the sole responsibility of the DB, unless a Change Order is approved by the City. Any Savings at the end of the Project will be deducted from the GMP and returned to the City. The total cost for Phases I, II and III shall not exceed DB’s Project Cost Estimate as described in Section 13.3.7.

3.2 The selected DB shall be obligated as follows:

1. Provide all supervision, labor, equipment, technical expertise, safety equipment, and service operations to complete the Project.

2. At all times in performing its services, design and deliver the best possible Project consistent with the standard of care that satisfies the time, monetary, quality and design parameters set forth in this RFP and the Design/Build Contract.

3. Design and construct the Project on time, consistent with timeframes set forth in the Project Schedule, and in such a manner that the GMP or Contract Time of the Project shall not be exceeded, except by written Change Order as provided in the Design/Build Contract. DB shall provide a master accounting system and matrix using software acceptable to City that will be updated, expanded and provided to the City monthly as the Project develops.

4. Perform all services as expeditiously as is consistent with reasonable skill and care and shall complete the services within each and all of the time periods set forth in the Project Schedule.

5. Perform all construction on the Project utilizing subcontractors appropriately licensed by the California Contractors State License Board or other required agency.

6. Perform or subcontract all design services for the Project utilizing qualified, licensed and sufficiently experienced engineers, and other professionals (“Design Consultants”) as identified in the Project Schedule. DB shall not be permitted to substitute any Design Consultant unless authorized by City. The fact that the City approves the subcontracting of any such services will in no way relieve the DB of any of its obligations or responsibilities under this RFP or the Design/Build Contract.

7. Review all technical reports relating to the Project Site; and determine and advise City if any additional needed studies are warranted. DB shall perform said studies as authorized by City. The costs of said studies are Reimbursable Costs to be paid by the City without markup.
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8. Ensure that DBT personnel conduct themselves in a professional manner at all times. Personnel shall be courteous, neat in appearance, and wear visible identification including all personal protective equipment. All equipment must display their company identification, including any subcontractors.

9. Comply with the California Fair Employment and Housing Act and all other State, Federal and local laws including, but not limited to, those prohibiting discrimination, on account of race, color, national origin, religion, age, sex or handicap.

10. Take all reasonable steps during the course of the Project so as not to interfere with the ongoing operation of the adjacent residences, businesses and facilities, including but not limited to the following:

a. Not interfere with pedestrian and vehicular access.

b. Take all reasonable steps during the course of construction to control dust in accordance with the provisions in the latest edition of the Standard Specifications for Public Works Construction and most recent Supplement (“Greenbook”).

Ensure that all work conforms to the City of Vista noise ordinance unless authorized by the designated City
representative. The DB shall ensure all DBT personnel comply with all relevant OSHA, Cal/OSHA, and labor and industrial work safety regulations at all times they are on the Project Site.

The DB is responsible for implementing confined space entry procedures in accordance with all applicable laws and
regulations.

11. Study all applicable laws, codes, ordinances, rules, orders, regulations, and statutes affecting the Project, including but not limited to, zoning, environmental, building, fire and safety codes and coverage, and lien laws, and comply with them in performance of its services. DB shall ensure that the Project design conforms to all applicable federal, state and local laws, statutes, ordinances, rules, regulations, orders or other legal requirements, (collectively “Governmental Requirements”) existing as of the date of the Design/Build Contract. However, the City recognizes that Governmental Requirements and their interpretations by
governmental officials (“Code Authority”) are often subject to change at any time, even after issuance of a notice to construct. If, after the date of the Design/Build Contract, modifications to the Project are required because of a change in Governmental Requirements or 02/10/2026 C7 86 of 321

their interpretation by a Code Authority which had not previously been given, or which if given, was different than a prior interpretation of a Code Authority, DB shall make the required modifications to comply with the same. However, in the event of such an occurrence the compensation to DB and the associated design and pre- construction schedule may be subject to an adjustment. Nothing contained in this paragraph shall relieve DB of its obligations to modify the Project at its own expense where DB has failed to design the Project in compliance with Governmental Requirements applicable as of the date of the Design/Build Contract.

12. Obtain all permits necessary to complete the Project. City shall reimburse cost of permits, except that DB shall be responsible for obtaining and paying for all permits normally obtained by the trades or subcontractors.

13. Adhere to the provisions of all permits and rules and regulations, including those from the latest edition of the Standard Specifications for Public Works Construction and most recent Supplement (“Greenbook”), latest California Building Standards Code (Cal. Code Regs., Title 24), and the City of Vista.

14. Comply with all licensing requirements of the State of California, and the City of Vista.

15. Use reasonable care to avoid damaging existing improvements, buildings, equipment and vegetation adjacent to the Project Site. If DB causes damage to any of this property, DB shall replace, or repair said property at no expense to City and shall not be a basis for seeking an adjustment to the GMP or Contract Time. DB agrees to indemnify City for any and all fines, penalties, liabilities, cost imposed upon City, its officers, employees, and agents as a result of this Project.

16. Perform Quality Control (“QC”). Review the drawings and specifications in order to identify and correct errors and omissions and reduce the quantity of Change Orders during the course of construction. Include a detailed review of drawings and designs relative to applicable laws.

17. Be fully responsible for damages, and liabilities resulting from errors or omissions below the standard of care defined in Section 4.2.19 by DB or DB’s agents, employees, design consultants and contractors; such costs, damages and liabilities shall not be chargeable to the 02/10/2026 C7 87 of 321

City nor shall they be a basis for seeking an adjustment in the GMP or Contract Time.

18. DB agrees to fully assume all risks, and costs associated with such risks, in performing the services and meeting the obligations under the Design/Build Contract. DB shall verify actual site conditions, topography, and facility conditions.

a. Unanticipated subsurface site conditions.

i. City assumes risks for unanticipated subsurface site conditions provided DB notifies City in writing within five (5) calendar days of discovery if DB believes it has uncovered or revealed a condition which:

1. Differs materially form that indicated in the
geotechnical and geological reports.

2. Is of an unusual nature and differs materially from
conditions ordinarily encountered and generally
recognized as inherent in the work required by this
RFP and the Design/Build Contract.

3. Upon receipt of a written notice, City shall
promptly investigate and if it determines the
conditions do materially differ, requiring a change
in the Work, City shall commence the processing
of a Change Order as provided in the Design/Build
Contract. If City determines there is no bona fide
Work scope change or is a minor change, which
does not impact GMP or Contract Time, City shall
notify DB within ten (10) calendar days.

4. DB shall not be entitled to an adjustment in the
GMP or Contract Time if DB knew or should have
known of the existence of such conditions at the
time DB submitted and agreed to GMP or Contract
Time; or the existence of such condition could
reasonably have been discovered as a result of
DB’s obligations pursuant to Sections 5.1.1(13)
and 5.1.1(14).

19. DB shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently 02/10/2026 C7 88 of 321

practicing under similar conditions and in similar locations.

Compliance with this section by DB shall not in any way excuse or limit DB’s obligations to fully comply with all other terms in the Design/Build Contract.

a. Contractor’s License. DB warrants that at least one member of the DB team shall be licensed by the California Contractor’s State License Board as a Class A General Engineering
Contractor. DB is to provide a list of the responsible people within their organizations performing services, which shall include their qualifications and their function, for approval by the City prior to start of services. City and DB shall establish “key personnel” who shall remain on the Project until Final
Completion. If any such “key personnel” leave the employment of DB, City shall have the right to approve the replacement personnel assigned to this Project. DB shall comply with all licensing requirements of the State of California, and City of Vista.

b. Project Manager and Project Design Engineer. Throughout all phases of the Project hereunder, the individual project manager, and project design engineer shall be as reflected in the Project Schedule. So long as the Individual Project Manager and Project Design Engineer remain in the employ of the General Contractor and/or Engineer, such persons shall not be changed or substituted from the Project, or cease to be fully committed to the Project as deemed necessary by the City in its reasonable discretion, without the prior written consent or instruction of the City.

c. City Right to Remove Project Manager, and Project Design Engineer. Notwithstanding the foregoing provisions of Section

4.2.19, if the Individual Project Manager or Project Design Engineer, proves not to be satisfactory to the City, upon written notice from the City to the DB, such person or person shall be promptly replaced by a person who is acceptable to the City in accordance with the procedures set forth below.

d. Replacement Selection of Project Manager and/or Project Design Engineer. Within five (5) working days after receipt of a notice from the City requesting the replacement of any
Individual Project Manager or Project Design Engineer, or promptly following the discovery by the Design Build Team that any Individual Project Manager, or Project Design Engineer is 02/10/2026 C7 89 of 321

leaving the employ of the DB or Engineer, as the case may be, the replacement/substitution (together with such person’s resume and other information regarding such person’s
experience and qualifications) for approval by City. The replacement/substitution shall commence work on the Project no later than five (5) calendar days following the City’s approval of such replacement, which approval shall not be unreasonably withheld.

20. DB agrees and acknowledges that the City Representative is the only person with authority to approve additions or modifications to Project.

Any costs or delays resulting from or associated with additions or modifications implemented without the written authorization of the City Representative shall be borne exclusively by DB and not be grounds for an increase in the GMP or Contract Time, unless necessary to protect public health, safety, or property.

21. DB shall fully cooperate with City Representative and any of its agents assigned to this project.

22. The DB shall remain in compliance with the City of Vista Water Quality Protection Program and, where applicable, respective stormwater protection programs and shall exercise every reasonable precaution to prevent the discharge of any material which is not solely storm water (i.e., rain events) to the storm drain system. The DB will be responsible for the complete cleanup of all material that is discharged from the project in violation of the discharge rules. Please visit https://www.vista.gov/departments/engineering/water-quality- protection for information.

23. Payment of prevailing wages is required for this project. The DB shall satisfy this requirement by reviewing the State of California schedule of general prevailing wage determination made by the Director of Industrial Relations.

24. All DBT members must have a valid business license with the City of Vista prior to the Design/Build Contract being awarded to the selected DB.

5.0 SCOPE OF WORK

5.1 Services required of the DB include those during Design and Pre- Construction, Construction, and Operations/Start-up of the Project. The GMP will be developed based on all management, supervision, labor, services, equipment, tools, supplies, and any other item of every kind and 02/10/2026 C7 90 of 321

description required for a comprehensive design and construction program for Phases II and III. The scope of work includes, but is not limited to, the following:

1. Develop and Implement Project Management Plan and
Procedures

2. Monthly project status reports

3. Coordination/interface with the City and its other
consultants/contractors

4. Progress meetings

5. Interface and communications with other agencies

6. Vendors and subcontractors management

7. Document control

8. Schedule and budget control

9. Quality assurance and quality control

10. Pay for all code requirements such as designer construction inspections, pulling regulatory permits and complying with all other regulatory requirements to complete the Project

5.1.1 Design and Pre-Construction Services – Phase I
Utilizing the latest edition of the Standard Specifications for Public Works Construction and most recent Supplement (“Greenbook”), the latest California Building Standards Code (Cal. Code Regs., Title 24), the current edition of the Vista Standard Special Provisions, current edition of the Regional Standard Drawings, the current edition of the Vista Construction Standards, performance and design criteria, concept drawings, and reports identified in the Design/Build Contract, DB shall:

1. Prepare, organize, and present a design analysis in the Preliminary Design submittal. The DB shall present the preliminary design submittal at the City of Vista offices at the Preliminary Design Workshop to demonstrate the concept of the project is fully understood and the design is based on sound engineering principles. Provide design analyses for each discipline and include the following:
a. An introductory description of the project concepts that addresses the salient points of the design.

b. The identification of any necessary licenses and
permits that are anticipated to be required as part of the 02/10/2026 C7 91 of 321

design and/or construction process.

c. Calculations to support the design.

d. Schematic level drawings.

e. Basis of design.

f. Confirm that there are no wet/dry utility conflicts in the preliminary design.

g. Conceptual Site Plan.

2. Prepare a Final Preliminary Design Report, and construction drawings (60%, 90%), supporting calculations, and
specifications suitable for obtaining City approval and issuance of permits. DB shall submit five (5) hard copies and electronic copies at each submittal phase for City review. The City shall provide comments within ten (10) working days of each submittal.

3. The Contract Documents (CD’s) shall include, without limitation, the following:

a. Architectural and Engineering plans and details, as
recommended by the DB and approved by the City.

b. Technical reports and specifications.

c. All other technical drawings, schedules, calculations, diagrams and specifications, to set forth in detail the requirements for construction of the Project.

4. DB shall determine and establish the sequence of
construction, and if appropriate, identify separate bid packages to accomplish phased construction of the Project.

5. DB shall develop and submit to City for approval prior to implementation a Project Management Plan and Procedures to include the following:

a. Project status reports.

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b. Coordination/interface with the City and its other
consultants/contractors.

c. Project Safety Plan, which shall include a requirement that all accidents, claims and other on-going safety
related issues be reported to the City immediately.

d. Progress meetings.

e. Interface and communications with other agencies.

f. Vendors and subcontractors management.

g. Document control.

h. Schedule and budget control, including a project-
specific plan for defining, tracking and reporting cash flow activity requirements, schedule of values.

i. Quality assurance and quality control.

j. Throughout the design phase, the DB shall provide
scheduling and cost control reports monthly.

6. DB shall conduct workshops at the Final Preliminary Design Report, and 60% Design levels. Workshops shall be held one (1) week after submittal and shall be conducted at City of Vista offices, or by virtual conferences hosted by the DB. City shall provide comments to the DB within two (2) weeks after
submittal. DB shall provide written response to all written comments by the City.

7. Obtain written approval from the City of the drawings and specifications for each of the following design phases: (1) Final Preliminary Design Report; (2) 60% CD’s with specifications; and (3) 90% CD’s with specifications. Said approvals shall be evidenced by written notice to proceed with each subsequent design phase. If the City provides conditional approval, DB shall address all City comments or issues in the next set of drawings developed. City retains the right to withhold approval and require resubmittal of the CD’s. Any delay or additional costs resulting from the re-submittal shall be borne exclusively by DB and not be grounds for an increase in the fees or schedule specified in the Design/Build Contract. Preparation of technical materials and equipment specifications for pre-purchase will be 02/10/2026 C7 93 of 321

the responsibility of the DB.

8. Provide construction cost control estimates during the design to support constructability reviews. Revise these cost control estimates once and other review comments have been
incorporated.

9. Provide updated detailed construction cost estimates to the City at 60% CD’s, and 90% CD’s (GMP established). Furnish
support to a City constructability review team at the 60% and 90% design completion stage. Incorporate the results of this review into the design. Complete the design for all elements of the Project, including but not limited to: survey, civil, geotechnical, geological, hazardous materials, environmental monitoring, construction management, stormwater, and
specialty consulting areas such as for utilities, and other specialty consultants that may be needed for the planning and construction of these types of facilities. Designs shall be prepared by an individual licensed to practice in the State of California.

10. Evaluate alternative construction approaches for all facilities to ensure economical designs that optimize constructability yet meet all codes, conceptual designs, and standard specifications of the Project.

11. Incorporate the requirements of permitting agencies as may become apparent in the course of design. The DB shall apply for and secure all permits and provide all necessary reports, studies and support required to obtain the permits. The Consultant shall develop all appropriate environmental plans, including but not limited to, an air pollution control plan, a noise abatement plan and a hazardous materials management plan.

The Consultant shall submit, manage and obtain approval of an application for a Stormwater Management Permit to the
appropriate authority.

12. Conduct site surveys and geotechnical investigations to the extent necessary for final design. Any information provided by the City may be preliminary in nature and may not have
sufficient accuracy or scope to support final design.

13. Prepare geotechnical and geological reports related to the Project Site, including up to two (2) rounds of City review. If additional investigations are authorized by City, DB shall perform said investigations. The costs of said investigations will be included in the GMP.
02/10/2026 C7 94 of 321

14. Perform Quality Control (QC) Review of the Drawings and Specifications throughout all Phases in order to correct errors and omissions. Include a detailed review of drawings and designs relative to Code Compliance Laws. Organize and publish detailed QC Reports based on all findings.

15. Establish a Critical Path Method (CPM) Construction Schedule.

Monitor, update and report to keep the Project on schedule.

16. Identify, contract, and procure long lead items.

17. Use DB’s Project Cost Estimate submitted with proposal to establish a Guaranteed Maximum Price (GMP), once 90%
construction drawing are complete, including all required components of the GMP as separate line items.

18. Identify all permit requirements and prepare applications and support documents necessary for obtaining all permits. Permit fees will be borne by the City.

5.1.2 Construction Services – Phase II
After City formally approves the Final Preliminary Design Submittal, any required cost estimates, 90% CD’s, Construction Schedule, GMP, and associated contract amendment, City shall issue to DB a written Notice to Proceed with Phase II Services. The DB shall construct the Project in accordance with City-approved plans and associated permits and specifications prepared by the DB to meet or exceed all requirements of the City provided program, schematic design and the performance criteria.

The DB’s Phase II Services shall include but are not limited to:

1. Execute subcontracts, in DB's own name, with the bidder best meeting the monetary, time, and performance requirements of the Project in the professional opinion of the DB.

2. Perform construction management and administration services during the construction of the Project.

3. Be responsible for and coordinate all construction means, methods, techniques, sequences and procedures.

4. Coordinate scheduling of bid packages, submittals, and all design and construction of the Project to ensure the efficient and orderly sequence of the construction of the Project. Monitor and report to the City on actual performance compared to Construction Schedule.

5. Conduct weekly project team meetings with the City and appropriate design and construction team members, and provide 02/10/2026 C7 95 of 321

meeting minutes to the participants during the course of construction to review the status of the Project.

6. Conduct contractor meetings, as necessary, to provide technical input.

7. Ensure the workmanship and materials provided are in accordance with the Project Specifications and meet or exceed quality construction industry standards for this type of work.

8. Provide list of required shop drawing and product submittals.

Review shop-drawing and product submittals for technical and code compliance. Provide copy to the City for review and incorporate comments. Each submittal and shop drawing shall be complete and in sufficient detail to allow ready determination of compliance with contract requirement. Include within submittals items such as: catalog cuts, diagrams, test reports, samples, certifications, warranties, and other such required materials. DB shall have its engineer of record sign all shop-drawing and product submittals. DB shall not order or proceed with
construction without approval from the engineer of record and the City.

9. Provide engineering, contract administration, and staff, including specialists necessary for the functional, safe, on budget and on- schedule completion of the Project, starting with the issuance of a Notice to Proceed from the City and extending through issuance of Notice of Completion and Acceptance.

10. Ensure construction compliance with applicable local, state, and federal codes, building and environmental permit requirements, and construction mitigation documents and enforcement of the Contract Documents. Applicable law includes, but is not limited to, the 1990 Americans with Disabilities Act (ADA) and Title 24 California Code of Regulations (Building Code) as defined in Section 18910 of California Health and Safety Code. DB is responsible as an employer and City representative to comply with all portions of Title 24 and the ADA.

11. Maintain a complete and up-to-date set of Construction Documents in the Projects field office at all times during construction which reflect all changes and modifications, and at the end of construction prepare for City a complete set of Project documents, along with four reproducible, and one electronic set of drawings depicting As-Built conditions for the Project.

12. Ensure the Project Site is maintained in a clean, neat, sanitary and safe condition free from accumulation of waste materials or 02/10/2026 C7 96 of 321

rubbish. Prior to Final Completion, DB shall cause to be removed from and about the Project Site all tools, construction equipment, machinery, surplus materials, waste materials and rubbish.

13. Develop a mutually agreed upon program to abate and minimize noise, dust, and disruption to access for parking and services at all times.

14. Provide surveying, and other contracted services as required to complete Project’s construction inspection and testing tasks. DB shall be responsible for contracting for and scheduling specialty inspections to verify compliance with the plans, specifications and contract documents. City staff will perform standard inspections.

DB is responsible for scheduling and coordinating all inspections and paying for all re-inspections. DB shall coordinate all required inspections in such a manner that the progress of construction is not affected or impacted.

15. Develop, implement and manage a construction phase Quality Assurance/Quality Control (QA/QC) Plan with appropriate reviews and independent procedures to ensure compliance with the Construction Documents. The Plan shall include but not be limited to; 1) a statement and definition of QA/QC goals; 2) an identification of QA/QC criteria and elements; 3) development of the Project QA/QC implementation plan; 4) development of the QA/QC materials, components, equipment and system testing plans; and, 5) enforcement of the plans and specifications.

16. Submit the proposed QA/QC Plan to the City for review prior to commencement of construction. The Plan shall not be
implemented without written approval of the City.

17. Be responsible for preparing the Critical Path Method (CPM) schedule utilized during the Project construction and startup activities. Use Microsoft Project scheduling software (or similar program to be mutually agreed upon) consistent with the City reporting system.

18. Keep City informed of the progress and quality of the design and construction of the Project.

19. Develop a Project-specific plan for defining, tracking and reporting cash flow activity requirements and schedule of values, and submit such plan to the City for review and approval prior to implementation.

20. Develop a Project-specific Change Order Administration Plan for review and approval by the City. Upon written approval of the 02/10/2026 C7 97 of 321

Plan, the DB shall initiate implementation. The Plan shall define the required Change Order procedures, including requirements for requesting, developing, approving, and filing.

21. Implement and maintain an internal records management and Document Control System (DCS) as required to support Project operations. Provide City with the DCS on approved software within fourteen (14) working days after receiving Notice to Proceed with Phase III, provide updated versions of the Construction Schedule on a monthly basis, and provide
immediate notice of any impact on critical path items.

22. The DB shall develop an on-site Project Safety Plan. The DB shall administer and enforce the on-site Project Safety Plan for the Project. The DB shall monitor safety and health issues relating to their workers at the Project Site. This shall include workers in direct employment to the Contractor and workers involved in a subcontracting, equipment supply, or any other project-related oral or written arrangement with the DB.

23. Administer and enforce the Environmental Mitigation Monitoring and Reporting Plan for the Project, if any. The DB shall report a record of environmental issues to the City in a manner consistent with the City’s reporting system.

24. Pay royalties and license fees, if applicable, relating to the rendering of services and the production of materials for the Project.

25. Accidents, claims, and other on-going safety related issues shall be reported to the City in a timely manner.

26. Give all notices and comply with laws, ordinances, rules, regulations, and lawful orders of public authorities relating to the Project.

27. Unless the DB receives the City’s prior approval to substitute equal or better quality materials, the DB warrants to City that material and equipment incorporated in the Project will be new, unless otherwise specified, and that the Project will be of good quality, free from faults and defects, and in strict conformance with the Construction Documents and the Design/Build contract.

28. Notify City in writing when DB believes that the Project has achieved Substantial Completion, participate with City in inspecting the completed construction, prepare punch list, and cause the punch list items to be performed and/or corrected in accordance with the Construction Documents.
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29. Notify City in writing when DB believes that the Project has achieved Final Completion. Assemble and deliver to City upon Final Completion all records, documents, warranties, bonds, guarantees, maintenance/ service contracts, and maintenance and operating manuals. Assist during final acceptance process by furnishing final walk- through(s) and comments.

30. Administer and coordinate the Project contract closeout process and resolve any warranty provision issues. The DB shall report progress of Project contract closeout to the City in a manner consistent with the City’s reporting system.

5.1.3 Operations/Startup Services – Phase III

1. Report progress of Project startup and testing to the City in a manner consistent with the City’s reporting system.

2. Prepare as-built construction drawings and specifications, and as-graded or as-built geotechnical reports.

3. Prepare final accounting and close out reports.

4. Inspect the Project during the one-year general building warranty period, identify items requiring repair, and oversee those repairs. Inspect each component at 180 and 360 days after Final Completion of Project and prepare reports to City, develop budgets and direct all repairs.

6.0 INSURANCE REQUIREMENTS

6.1 The DB shall comply with the insurance and bond provisions set forth in Appendix B.

7.0 INSPECTION

7.1 It shall be the responsibility of DB to call for, coordinate and schedule all Project inspections by the City. Any required special inspections shall be the responsibility of the DB.

7.2 City, its consultants, subcontractors, independent testing laboratories as well as other governmental agencies with jurisdictional interests will have access to the Project site at reasonable times for this observation, inspecting and testing. The DB shall provide them proper and safe conditions for such access and advise them of DB’s safety procedures and programs for compliance.
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8.0 CHANGE IN GMP AND CONTRACT TIME

8.1 The GMP and Contract Time may only be changed with a written Change Order using the procedures provided in the Design/Build Contract.

Change Orders shall be issued only under the following circumstances:

1. The City directs DB to perform Additional Services or City Changes.

2. For reasons expressly provided elsewhere in the Design/Build Contract.

9.0 PROJECT COMPLETION

9.1 Substantial Completion shall be that stage in the progress of the construction when all Work on the Project is sufficiently complete in accordance with the Construction Documents so that City may fully utilize entire Project; Substantial Completion shall further mean that all goods, services and systems to be provided under the terms and conditions of the Construction Documents are in place and have been initially tested, and are operationally functional, subject only to final testing, balancing and adjustments and normal Final Completion Punchlist Work.

9.2 Final Completion shall be deemed to occur on the last of the following events: (1) recordation of a Notice of Completion for the Project; (2) acceptance of the Project by the City; (3) issuance of a final Certificate of Occupancy for the Project; (4) submission of all documents required to be supplied by DB to City as outlined in the Design/Build contract, including but not limited to As-Built Drawings, and warranties; (5) and delivery to City of a Certificate of Completion duly verified by DB.

9.3 The DB shall provide City with a Certificate of Completion, certifying to City under penalty of perjury that the Project has been completed in accordance with the Construction Documents, all applicable building codes and regulations, all permits, licenses, and certificates of inspection, use and occupancy, and ordinances relating to the Project.

9.4 The DB shall provide final record drawing documents (“As-Built Drawings”) to the City at the end of construction in the form of one (1) electronic copy (format to be mutually agreed upon). As-Built Drawings are to be accurate and legible records showing all components of the Project and their exact locations.

9.5 The DB shall provide a copy of, or make available before destruction, all records (which includes all writings as defined in Evidence Code Section 250) to the City upon receipt or generation, which shall include a copy of DB’s filing protocol.

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10.0 WARRANTIES AND GUARANTEES

10.1 The DB warrants and guarantees to City that materials and equipment incorporated into the Project will be new unless otherwise specified and that all work will be in strict accordance with the Construction Documents and will not be defective. All Defective Work, whether or not in place, may be rejected, corrected, or accepted as directed by City. DB shall not be entitled to an extension in Contract Time or increase in GMP because of any delay or increase in cost attributable to the rejection, correction or acceptance of said work. Defective work may be rejected even if approved by prior inspection.

10.2 The warranty period shall commence when the Certificate of Final Completion is issued (irrespective of beneficial use by City prior to Final Completion) and extend one (1) year after that date or whatever longer period may be prescribed by laws or regulations or by the terms of any applicable special guarantee or specific provision of the Construction Documents. The Design/Build contract will contain provisions addressing this issue and steps to correct defective work.

11.0 MAINTENANCE OF RECORDS AND ACCOUNTING

11.1 The DB shall maintain, during the Project implementation time and for a period of three (3) years after completion of the Project, accurate and organized records of all costs of any type and all services performed for the Project. City will have the right at any time including during the performance of all Phases of the Project to audit and copy all such records.

12.0 OWNERSHIP OF DOCUMENTS

12.1 Drawings, plans and specifications, and all reports, studies, tracings, maps, electronic files, and other documents prepared or obtained by DB in the course of performing the work required by this Project Information shall be the property of the City, and DB shall convey and transfer all copyrightable interests in such drawings, plans and specifications, and documents to the City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by DB shall, upon request, be made available to The City. The City agrees to use the original plans and drawings for purposes of this construction project only and will not use the original plans or drawings in connection with any other construction project. City agrees to indemnify, defend and hold harmless DB against any claims, losses, costs or damages as a result of City's reuse or misuse 02/10/2026 C7 101 of 321

of such plans, drawings and specifications. In the event of the return of the plans, drawings, or specifications to DB or its representative, DB shall be responsible for their safe return to City. DB shall be entitled to retain copies of the plans, drawings and specifications for their files. Under no circumstances shall DB fail to deliver any draft or signed and sealed final plans, drawings or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between DB and City concerning payment, performance of Design/Build Contract, or otherwise.

This covenant shall survive the termination of the Design/Build Contract.

12.2 Title to Intellectual Property. DB shall represent that it has secured all necessary licenses, consents or approvals to use the components of any intellectual property, including computer software, used in the rendering of services and the production of the materials for the Project and that the City has full legal title to and the right to reproduce such materials. DB covenants to defend, indemnify and hold the City harmless of any loss, claim or liability in any way related to a claim that the City is violating, as a result of any services rendered by the DB, either any contractual provisions or any federal, state or local law, relating to trade names, licenses, franchises, patents or other means of protecting interests in products or inventions. If DB has reason to believe the use of a required design, process or product is an infringement of a patent, DB shall be responsible for such loss unless such information is promptly given to the City in writing.

13.0 RESPONSE REQUIREMENTS

13.1 Format and Due Date:

Proposals for this solicitation must be submitted electronically through the City’s Electronic Bidding System (OpenGov). Hardcopy proposals will not be accepted. Proposers must create a free account with OpenGov at:
https://secure.procurenow.com/signup .

Registered proposers may obtain proposal materials and view submission procedures for this solicitation on the City’s Open Gov portal at:
https://secure.procurenow.com/portal/cityofvista

Proposers must also download this solicitation in order to appear on the Bidder’s List as a “Prospective Bidder.” Proposers that fail to download this solicitation will not appear on the Bidders’ List and will not receive addenda or be able to submit a proposal. All proposals for this solicitation must be submitted online by December 3, 2025 at 2 P.M. (on the dot). 02/10/2026 C7 102 of 321

OpenGov will determine the official time for the advertised proposal due date and such determination will be final. Any proposals not received in a timely manner on the Proposal Due Date, as described above, will not be considered.

Note: The City of Vista complies with the Americans with Disabilities Act.

If you require reasonable accommodations, please contact the Office of the City Clerk, 760-639-6125, at least forty-eight (48) hours prior to the bid opening.

13.2 General Response Requirements:

1. The City desires to receive proposals from qualified and experienced DBs who demonstrate significant knowledge of design engineering and construction management, and experience and successful
performance on public sector projects of comparable magnitude involving a GMP incorporating both design and construction.

2. The proposal should be concise, well organized and demonstrate the DB’s qualifications and experience applicable to the Project. The proposal shall be inclusive of resumes, graphics, forms, pictures, photographs, dividers, front and back cover, cover letter, etc. Type size and margins for text pages should be in keeping with accepted standard formats for desktop publishing and word processing.

Proposal shall be limited to 25-pages excluding dividers, resumes, and front and back covers.

13.3 Contents:

Proposals submitted in response to this Project Information shall be in the following order and shall include:

13.3.1 General Information

1. Executive Summary.

2. Include a one to two page overview that highlights DB approach and DB’s commitment to meet or exceed the City’s objectives and insure a successful project built on time and within budget.

3. Identification of each DBT member.

4. Legal name and address.

5. Legal form of company (partnership, corporation, joint venture, etc.). If joint venture identify the members of the joint venture and provide all information required under this section for each member.
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6. If company is wholly owned subsidiary of a "parent company," identify the "parent company."

7. Addresses of offices located in San Diego County, if any.

8. Number of employees in San Diego County.

9. Name, title, address and telephone number of person(s) to be assigned to Project.

10. Name, title, address and telephone number of person to contact concerning the proposal.

11. Provide Secretary of State Entity Number and California Department of Industrial Relations Number for each DBT
member.

13.3.2 Experience and Technical Competence

1. Describe DB’s experience in completing similar design/build projects. Include at least three (3) successfully completed projects of similar nature with name of the respective City's Project Manager, phone numbers, project type and total value of completed construction. Projects currently in process may be submitted for consideration. Identify any specific projects and include in your client references where this team has worked together. Reference and include only projects that match or exceed the size and scope of the Project.

13.3.3 Proposed Method to Accomplish the Work

1. Discuss the DB’s understanding of the project, and any suggestions or special concerns that the City and the DB should address for a successful project. Provide a narrative rendition of the technical and management approach proposed for the project and detailed scope of work. Describe DB’s technical and management approach to the project design and construction.

Discuss lines of communication necessary to maintain inspection, design construction and delivery schedules, and software availability for both schedule and management reporting.

13.3.4 Project Organization and Key Personnel

1. Describe proposed Project organization and provide an organizational chart, including identification and responsibilities of key personnel. Indicate role and responsibilities of the prime Consultant and all sub-consultants. Indicate how local firms are being utilized to ensure a strong understanding of local laws, ordinances, regulations, policies, requirements, permitting, etc.

Indicate extent of commitment of key personnel for duration of 02/10/2026 C7 104 of 321

Project and furnish resumes of key personnel. Provide indication of staffing level for the Project. Resumes shall be included in the appendix of the proposal and will not count toward the page limit.

2. DB’s evaluation will consider its entire team, therefore no changes in team composition will be allowed without prior written approval of the City. Describe DB’s capacity to perform the work within the time limitations, considering DB’s current and planned workload and DBT’s workforce.

13.3.5 Financial Arrangements for DBT Members

1. If the DBT is a Joint Venture Team, the DB shall address the proposed financial arrangements between the Joint Venture members as they relate to liability to the City for work to be performed. DB shall submit a team members’ list indicating scope of work, and approximate percentage of contract. Team members must be named on said list if they receive more than $10,000 or more than one-half of one percent (.5%) whichever is less.

13.3.6 Minimum Contractor Qualifications

1. DB submitting qualifications must include a contractor who possesses the applicable California Contractor’s license. DB must also submit evidence of financial capability to be bonded for such projects.

13.3.7 Schedule of Rates and Fees

1. Project Cost Estimate
a. Provide a comprehensive cost estimate with summary and detail including all related costs for the Project.
b. Include cost breakdowns by Project Phase (i.e. Design and Pre-Construction, Construction, and Operation/Start-up). i. Design and Pre-Construction: Services for this
period shall include but not be limited to project
design, cost estimating, constructability review, site
surveys, testing, subcontractor bidding, submittal
review and procurement of long lead items. The
City views the DB’s input and leadership during this
period as an important component of the Project.
c. The Project Cost Estimate will be used to establish a Guaranteed Maximum Price during negotiations, once 90%
construction documents are complete during Phase I.
d. Clearly note all assumptions that were used to create the estimate and clearly note areas of concern.
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e. Note that Special Inspections shall be included in the DB’s scope of work.

2. Project General Conditions: Provide a detailed spreadsheet that completely outlines the Project’s general conditions, including quantities, units, unit costs and totals.

3. Cost of Work Multipliers (Fee): Based on the scope and size of the Project, propose an overhead and profit percentage rate and any other multipliers such as liability insurance to be applied to the cost of work. This rate would apply to each major phase of the Project as it is released and subsequently bid to subcontractors.

4. Change Orders: Indicate an overhead and profit percentage rate to be used on subsequent changes to the major phases of the Project. The negotiated rate shall also apply to deductive changes.

5. Provide Payment, Performance Bond, and Insurance Rates.

13.3.8 Preliminary Design and Construction Schedule

1. Provide Preliminary Design and Construction Schedule considering all Project deliverables. This schedule should reflect major design and construction activities. Outline any concerns regarding the schedule.

13.3.9 Exceptions to Project Information

1. The DB shall certify that it takes no exceptions to the Project Information including the Sample Agreement included in Appendix A. If the DB does take exception(s) to any portion of the document, the specific portion to which exception is taken shall be identified and explained.

13.3.10 Additional Information
This section shall contain all the other pertinent information that is required to be submitted with the proposal in the following order:

1. Description of insurance coverage for prime respondent and co- venture partner(s) (types of coverage and policy limits, deductible, exclusions, and outstanding claims).

2. Provide description of your company’s safety policy and how it would be implemented on this job.

3. Description of in-house resources for prime respondent and co- venture partner(s) (i.e., computer capabilities, software applications, modem protocol, and modeling programs, etc.). 02/10/2026 C7 106 of 321

4. Indicate if contractor self-perform any work, and if so, what trades.

Also indicate if contractor has any union signatory agreements.

5. Describe the DB process and tools for developing a GMP and addressing such issues as:
a. The optimum time to establish the GMP;
b. How the GMP will be calculated;
c. How the DB proposes to deal with unknown issues such as escalation factors
d. The DB conceptual estimating process;
e. Input from specialty contractors; and
f. The primary challenges in establishing the GMP

14.0 PUBLIC DISCLOSURE

14.1. All proposals submitted in response to this Project Information become the property of the City and public records, and as such may be subject to public review. Under the California Public Records Act (California Government Code Section 6250 et seq.) records in the custody of a public entity generally have to be disclosed unless the information being sought falls into one or more of the exemptions to disclosure set out in Government Code Sections 6254 through 6255. The cover letter of the proposal should contain a paragraph that states whether or not DB believes that its proposal does or does not contain information that falls into one of the exemptions of Government Code Sections 6254 through 6255 and whether or not DB considers such information to be confidential.

14.2 In the absence of a declaration, City may be obligated to disclose proposal to any party that requests it. Regardless of assertions of confidentiality, proposal contents may still be disclosed if City, or a court with jurisdiction, determines that such proposal is a public record requiring disclosure.

15.0 PROPOSAL SCHEDULE

15.1 The solicitation receipt and evaluation of proposals and the selection of the DB will conform to the following schedule (Note: Dates are subject to change):
 RFP release by the City – October 6, 2025
 Mandatory Pre-Proposal Meeting – October 29, 2025 at 10:00 AM at 1165 Taylor St.
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 Deadline for questions - November 5, 2025 at 2:00 PM  Addendum(s) release - November 13, 2025
 Proposals due –Thursday, December 3, 2025 at 2:00 PM
 Consultant shortlist (if needed) - December 9, 2025
 Consultant interview (if needed) - December 15, 2025  Notice of DBT selection - December 17, 2025
A mandatory pre-proposal site visit will be held for this project.

Any interviews (if needed) will be virtual presentations followed by questions and answers to be hosted by the selected DB.

All project related questions and requests for clarifications, changes, exceptions, and deviations to the terms and conditions set forth in this solicitation shall be submitted via “Q&A” through the City’s Electronic Bidding System, OpenGov.

All questions must be submitted by the Question Submission Deadline listed in OpenGov.

16.0 PROPOSAL SELECTION PROCESS

16.1 Award will be based on best value not lowest responsible respondent.

Design and construction expertise, relevant team experience, experience in similar projects, rates and fees, will be significant factors. City reserves the right to discuss and negotiate scope, costs, and schedule as needed.

At any time prior to the City of Vista executing a Design/Build Contract with the selected firm, if that DB cannot meet any of the RFP conditions, the City of Vista has the option of selecting another DB. Contracts will be awarded in accordance with the Vista Municipal Code.

16.2 Each Proposal will be reviewed to determine whether it is responsive to the RFP. Failure to comply with the requirements of this RFP may result in a Proposal being rejected as non-responsive. At its sole discretion, however, the City may waive any such failure to meet a requirement of this RFP that is immaterial.

17.0 PROPOSAL EVALUATION CRITERIA

17.1 Selection of the DB will be based on best value, not on lowest responsible respondent. Proposals shall be evaluated and ranked based on best value as determined by the following significant factors and relative weights of importance:

1. 25% - Overall experience and technical competence of the firm(s) 02/10/2026 C7 108 of 321

(including principal firms, joint venture-partners, and sub-consultants) and specific experience and technical competence on projects of a similar nature, considering the types of service required; the complexity of the project; references; and record of performance.

2. 20% - The strength and experience with projects of a similar nature of key personnel who will be dedicated to the Project.

3. 20% - Rates and Fees including Pre-Construction Costs, General Conditions, Cost of Work Multipliers, Preliminary Cost Estimate, Change Order rates, Payment and Performance Bond rates.

4. 20% - Proposed methods and overall strategic plan to accomplish the work in a timely and competent manner, including Design and Construction Schedule.

5. 15% - Combination of the following factors:
a) Conformance to the specified Project Information requirements and format.
b) Organization, presentation, and content of the submittal. c) Knowledge and understanding of the State and local environment and a local presence for interfacing with the City.
d) Financial resources and stability of the principal consultant and/or DBT.
e) Ability to meet the insurance requirements unless City, at its sole discretion, decides to modify or waive the insurance requirements or elects to provide project insurance.

All evaluation criteria is subject to change via an addendum to this RFP.

18.0 CONTRACT TERMS AND CONDITIONS

18.1 Issuance of this Project Information does not commit City to award a contract, or to pay any costs incurred in the preparation of a response to this request. City retains the right to reject any or all submittals. Selection is dependent upon the negotiation of a mutually acceptable contract with the selected DB. No modifications to the standard contract language will be granted.

18.2 Each submittal shall be valid for not less than one hundred and twenty (120) days from the date of receipt.

18.3 All insurance shall be provided at the sole cost and expense of the selected DB, unless the requirement is modified or waived by the City.

City reserves the right to modify the insurance limits or to substitute 02/10/2026 C7 109 of 321

project insurance during contract negotiations.

XIII. ASSIGNED REPRESENTATIVES

The City will assign a responsible representative to administer the contract, and to assist the Consultant in obtaining information. The Consultant also shall assign a responsible representative (Project Manager), who shall be identified in the proposal.

The Consultant’s representative will remain in responsible charge of the Consultant’s duties from the Notice-to-Proceed through project completion. If the Consultant’s Project Manager should be unable to continue with the project, then the Consultant shall notify the City’s representative in writing. The City’s representative shall first approve any substitution of representatives or sub-consultants identified in the proposal in writing. The City reserves the right to review and approve/disapprove all key staff and sub-consultant substitution or removal, and may consider such changes not approved to be a breach of contract. This breach of contract will not apply if the Project Manager leaves the Consulting firm.

Appendix A: Standard Agreement
Appendix B: Insurance and Bonding Requirements
Appendix C: Project Vicinity Map

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00043997 1 1 of 4

EXHIBIT B