24-209711.PMDB.Exposition_Park.LA.PartA.Questionnaire.docx

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

REAL ESTATE SERVICES DIVISION

PROJECT MANAGEMENT AND DEVELOPMENT BRANCH

Exposition Park Underground Parking Structure, Office of Exposition Park Management Headquarters, Community Center and Park (EPUHC)

Los Angeles, California

REQUEST FOR QUALIFICATIONS

PROJECT NO.: 12509

PART A - QUESTIONNAIRE

· Declaration

· Design-Build Team

· Licensure and Declarations

· Financial Information

· Insurance

· Termination/Failure To Complete; Violations; Claims, Arbitration and Litigation

· Safety Record

· Exhibit 1 – General Statement of Bank Credit

· Exhibit 2 – Bonds and Insurance

August 5, 2024

Exposition Park Underground Parking Structure, Management Headquarters, Community Center & Park

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

REAL ESTATE SERVICES DIVISION

PROJECT MANAGEMENT AND DEVELOPMENT BRANCH

NOTICE TO DESIGN-BUILD ENTITIES

PART A – QUESTIONNAIRE

Name of Design-Build Entity:

IMPORTANT - READ AND COMPLETE PART A - QUESTIONNAIRE BEFORE SIGNING:

Design-build Entity must sign the declaration below, in addition to specific declarations as required, that the information provided in PART A – QUESTIONNAIRE and PART B – EXPERIENCE is true and correct.

1. DECLARATION

I, __________________________________________________, authorized agent of the Design-build Entity, ___________________________________________ (Design-build Entity), hereby declare that the information provided in Part A - Questionnaire and Part B – Experience has been prepared using reasonable diligence and is true and complete to the best of my knowledge. If the proposed Design-build Entity is a corporation, Limited Liability Company, partnership, joint venture, or other legal entity, the information provided shall be certified under penalty of perjury by the Design-build Entity and its general partners or joint venture members.

Printed: Dated:

Signed: Dated:

Printed: Dated:

Signed: Dated:

Printed: Dated:

Signed: Dated:

A person who certifies as true any material matter that he/she/they knows to be false is guilty of a misdemeanor and shall be subject to all legal and penalties accordingly.

2. DESIGN-BUILD TEAM

Design-Build Entity D/B Entity

General Contractor D/B Entity

Identify the firms proposed for this Design-build Entity:

DESIGN CONSULTANTS

Indicate the role in the Design-build team by circling or otherwise indicating either “D/B Entity” or “Subconsultant”.

Architect(s) (D/B Entity or Subconsultant)

Structural Engineer(s) (D/B Entity or Subconsultant)

Landscape Architect(s) (D/B Entity or Subconsultant)

Exposition Park Underground Parking Structure, Management Headquarters, Community Center & Park (EPUHC)

REQUEST FOR QUALIFICATIONS

2. DESIGN-BUILD TEAM (continued)

SPECIALTY CONSULTANTS

Parking Structure Consultant(s)/Design Lead (if not one of consultants listed above) (D/B Entity or Subconsultant)

Transportation Consultant(s)/Design Lead (if not one of consultants listed above) (D/B Entity or Subconsultant)

OTHER CONSULTANTS AS DEEMED NECESSARY

Specialty:

(D/B Entity or Subconsultant)

Specialty:

(D/B Entity or Subconsultant)

Specialty:

(D/B Entity or Subconsultant)

Specialty:

(D/B Entity or Subconsultant)

ATTACH ADDITIONAL SHEETS AS REQUIRED

3. LICENSURE AND DECLARATIONS

1. All Design-build Entities must have a General Contractor actively licensed in the State of California and be registered with the Department of Industrial Relations. Provide the following information.

Company Name:

(Under which license is held)

Contractor’s State License Board, State of California A or B License Number, name under which license is held, and expiration date:

License No. _______________

Name: _______________________________________ Exp. Date: ________

California Department of Industrial Relations

Registration No:_____________________________

a. Has this license ever been revoked?

Yes ___________ No ___________

If so, please explain below or on a separate attachment:

b. Has the company had any violations of the Contractors' State License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code), excluding alleged violations or complaint?

Yes ___________ No ___________

If so, please explain each incident below or on a separate attachment:

ATTACH ADDITIONAL SHEETS AS REQUIRED.

3. LICENSURE AND DECLARATIONS (continued)

2. All Design-build Teams must include an Architect licensed in the State of California. Provide the following information:

Company Name:

Architect’s License Number, name under which license is held, and expiration date:

License No. ________________

Name: _________________________________________ Exp. Date: _________

a. Has this license ever been revoked?

Yes ___________ No ___________

If so, please explain below or on a separate attachment:

b. Has the company had any violations, disciplinary, and/or enforcement actions such as citations from the California Architects Board, excluding alleged violations or complaint?

Yes ___________ No ___________

ATTACH ADDITIONAL SHEETS AS REQUIRED.

3. LICENSURE AND DECLARATIONS (continued)

3. All Design-build Teams must include a Structural Engineer licensed in the State of California. Provide the following information:

Company Name:

Engineer’s License Number, name which license is held, and expiration date:

License No.__________________________

Name: _________________________________________ Exp. Date: _________

a. Has this license ever been revoked?

Yes ___________ No ___________

b. Has the company had any violations, disciplinary, citations, and/or criminal action from the California Board of Professional Engineers and Land Surveyors, excluding alleged violations or complaint?

Yes ___________ No ___________

3. LICENSURE AND DECLARATIONS (continued)

4. All Design-build Teams must include a Landscape Architect licensed in the State of California. Provide the following information:

Company Name:

Architect’s License Number, name which license is held, and expiration date:

License No. __________________________

Name: ________________________________________________ Exp. Date: _________

a. Has this license ever been revoked?

Yes ___________ No ___________

b. Has the company had any violations, disciplinary, and/or enforcement actions such as citations from the California Architects Board, excluding alleged violations or complaint?

Yes ___________ No ___________

3. LICENSURE AND DECLARATIONS (continued)

5. All Design-build Teams must include a Parking Structure Consultant/Design Lead (if not one of consultants listed above) licensed in the State of California. Provide the following information:

Company Name:

Engineer’s License Number, name which license is held, and expiration date:

a. Has this license ever been revoked?

Yes ___________ No ___________

b. Has the company had any violations, disciplinary, citations, and/or criminal action from the California Board of Professional Engineers and Land Surveyors, excluding alleged violations or complaint?

Yes ___________ No ___________

ATTACH ADDITIONAL SHEETS AS REQUIRED FOR OTHER DESIGN AND SPECIALTY CONSULTANTS

3. LICENSURE AND DECLARATIONS (continued)

6. All Design-build Teams must include a Transportation Consultant/Design Lead (if not one of consultants listed above) licensed in the State of California. Provide the following information:

Company Name:

Engineer’s License Number, name which license is held, and expiration date:

a. Has this license ever been revoked?

Yes ___________ No ___________

b. Has the company had any violations, disciplinary, and/or enforcement actions such as citations from the California Board of Professional Engineers and Land Surveyors, excluding alleged violations or complaint?

Yes ___________ No ___________

3. LICENSURE AND DECLARATIONS (continued)

7. All Design-build Teams must include a <Add Consultant> Provide the following information:

Company Name:

Engineer’s License Number (if applicable), name which license is held, and expiration date:

a. Has this license ever been revoked?

Yes ___________ No ___________

b. Has the company had any violations, disciplinary, citations, and/or criminal action from the California Board of Professional Engineers and Land Surveyors, excluding alleged violations or complaint?

Yes ___________ No ___________

3. LICENSURE AND DECLARATIONS (continued)

8. SKILLED AND TRAINED WORKFORCE DECLARATION

Provide a declaration that the Design-build Entity will comply with all other provisions of law applicable to the project, including, but not limited to, the requirements of Public Contract Code, Division 2, Part 1, Chapter 2.9, Sections 2600 et. seq. and a commitment that the Design-build Entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project that falls within an apprentice-able occupation in the building and construction trades. (Section 10191(c)(1)).

Declaration

I, _________________________________, authorized agent of the Design-build Entity, hereby declare that __________________________________________________ (Design-build Entity) will comply with all other provisions of law applicable to the Project, including, but not limited to, the requirements of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code, and I commit that the Design-build Entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project that falls within an apprentice-able occupation in the building and construction trades in accordance with the Public Contract Code, Division 2, Part 1, Chapter 2.9, Sections 2600 et. seq

Signed: ________________________________Dated: ____________________

4. FINANCIAL INFORMATION

1. The State will analyze financial qualifications over and above the Design-Build Entity’s ability to bond. The State requires the following information to be submitted in a sealed envelope for review. The State will treat the information as strictly confidential and will maintain it under locked conditions. The information will be destroyed after the analysis and award of the Design-Build Agreement.

2. Information You Must Submit with This Section Includes:

a. Full set of financial statements for the Design-Build Entity’s most recent three (3) complete fiscal years, accompanied by either an audit or review report prepared by an independent Certified Public Accountant. Compiled or internally prepared financial statements will not be accepted. Statements which are older than six months must be supplemented by internally prepared financial statements, which update the information to no more than six months from the date of submission. Such statements must be prepared in accordance with accounting principles generally accepted in the United States of America, including all required informative disclosures. If the Design-Build Entity prepares its financial statements using any other accounting principles, then the Design-Build Entity must provide a reconciliation to United States of America generally accepted accounting principles.

b. Letter from a financial institution in support of available lines of credit or other facilities. See Exhibit 1 (General Statement of Bank Credit) for example.

c. Schedule indicating contracts which have been awarded to the Design-Build Entity, reconciling the original award, any amendments, completed portion and uncompleted portion of such contracts. This is the Design-build Entity’s backlog of work awarded but not yet complete.

d. In situations where Design-Build Entities are Joint Ventures for such purpose as proposing on this Project, all members of the Joint Venture are required to provide their respective financial statements for review.

e. The Design-Build Entity (including all Joint Venture members as applicable) shall disclose any relationships, indicating related party receivables, payables and investments so that this information can be eliminated in the analysis.

f. In addition to Financial Capacity, the financial condition of the Design-Build Entity will be quantitatively analyzed using financial ratios that will examine the Design-Build Entity’s Current Ratio, Debt to Equity Ratio, Net Earnings before Income Tax Ratio, and Revenue to Working Capital Ratio.

g. The State intends to consider the above information and any alternative information the Design-Build Entity can provide to determine, in the State’s sole judgment, that the Design-Build Entity has the capacity to perform the Design-Build Agreement. This information must be submitted with the SOQ.

4. FINANCIAL INFORMATION (continued)

3. Surety and Bonding Requirements

a. Attach a notarized statement from the bonding company the Design-build Entity proposes to use indicating the bonding company’s commitment to provide a performance and payment bond for at least $307 million. Refer to “Exhibit 2” (Bonds and Insurance) attached to this Qualification Questionnaire for bonding requirements for this project.

b. List the names of bonding companies utilized by the firm in the last five (5) years, for projects over $307 million. (State the number of times the bonding company has completed any part of your work during the last five (5) years.)

5. INSURANCE

Refer to “Exhibit 2” (Bonds and Insurance) attached to this Qualification Questionnaire for insurance requirements for this project. Each policy of insurance carried by the Design-build Entity for this project shall be issued by an insurance company approved to do business in California. Bonds shall be issued by a licensed and admitted surety.

1. Attach a notarized statement from the Workers’ Compensation carrier specifying contractor’s current State of California experience modification rating for Workers’ Compensation.

2. Also, attach a declaration from an insurance broker that such limits as described in Exhibit 2 are obtainable by the Design-build Entity submitting this application from an insurance company as described above.

6. TERMINATION/FAILURE TO COMPLETE; VIOLATIONS; CLAIMS, ARBITRATION AND LITIGATION

PLEASE PROVIDE THE FOLLOWING INFORMATION:

1. Provide a declaration certifying that the applying members of the Design-build Entity have not had a surety company finish work on any project within the last ten (10) years.

Declaration:

I, _____________________________________________, authorized agent of the Design-build Entity, hereby certifies that applying members of

_________________________________________________ (Design-build Entity), have not had a surety company finish work on any project within the last ten (10) years.

Signed: ________________________________ Dated: ____________________

6. TERMINATION/FAILURE TO COMPLETE; VIOLATIONS; CLAIMS, ARBITRATION AND LITIGATION (continued)

2. Provide information and details below for any construction or design claim, arbitration or litigation totaling more than five hundred thousand dollars ($500,000) or five (5) percent of the annual value of work performed, whichever is less, settled against any member of the Design-build Entity within the last ten (10) years.

a. PROJECT: _______________________________________________________________________________

Location: _________________________________________________________________________________________

Amount of Claim: $____________________________ Resolution Yes ¨ No ¨ Date: ___________________

Nature of Claim: ___________________________________________________________________________________

Final Status: ______________________________________________________________________________________

b. PROJECT: _______________________________________________________________________________

Location: _________________________________________________________________________________________

Amount of Claim: $____________________________ Resolution Yes ¨ No ¨ Date: ___________________

c. PROJECT: __________________________________________________________________________________

Location: _________________________________________________________________________________________

Amount of Claim: $____________________________ Resolution Yes ¨ No ¨ Date: ___________________

6. TERMINATION/FAILURE TO COMPLETE; VIOLATIONS; CLAIMS, ARBITRATION AND LITIGATION (continued)

3. Provide information and details below for any serious violations of the Occupational Safety and Health Act as provided in Part 1 (commencing with Section 6300) of Division 5 of the Labor Code, settled against any member of the Design-build Entity.

4. Provide information and details of any violations of federal or state law, including, but not limited to, those laws governing the payment of wages, benefits, or personal income tax withholding, or of Federal Insurance Contributions Act (FICA) withholding requirements, state disability insurance withholding, or unemployment insurance payment requirements, settled against any member of the Design-build Entity over the last 10 (10) years. For the purposes of this sub clause, only violations by a Design-build Entity member as an employer shall be deemed applicable, unless it is shown that the Design-build Entity member, in his or her capacity as an employer, had knowledge of his or her subcontractor's violations or failed to comply with the conditions set forth in subdivision (b) of Section 1775 of the Labor Code.

6. TERMINATION/FAILURE TO COMPLETE; VIOLATIONS; CLAIMS, ARBITRATION AND LITIGATION (continued)

5. Provide information and details that the Design-build Entity or its members, any officer of the Design-build Entity or its members, or any employee of the Design-build Entity or its members who has a proprietary interest in the Design-build Entity, has ever been disqualified, removed, terminated for convenience or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation within the last ten (10) years, or in the event of termination of convenience not associated with a violation of law or safety regulation, and if so explain the circumstances. (Public Contract Code Section 10162, as applicable)

6. Provide information and details of any violations by the Design-build Entity of the Contractor’s State License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code), excluding alleged violations or complaints.

6. TERMINATION/FAILURE TO COMPLETE; VIOLATIONS; CLAIMS, ARBITRATION AND LITIGATION (continued)

7. Provide information and details of any conviction of any member of the Design-build Entity of submitting a false or fraudulent claim to a public agency over the last ten (10) years.

7. SAFETY RECORD

Provide a written safety policy, mission statement or other document addressing the company's attitude and responsibility towards worker safety and the safety of the general public during construction. (NOTE: Please do not send full copies of safety manuals. If desired, in addition to the above, an index or Table of Contents from the manual is sufficient.)

1. Provide your Safety Officer’s qualifications, work experience, authority, job duties, percentage of time spent in fulfilling his duties as Safety Officer, and who this individual reports to.

2. Safety Performance:

a. Please consolidate your firm’s injury and illness data for the last three (3) years, starting on January 1, 2021, for the General Contractor and complete the table below. The Occupational Safety and Health Administration’s (OSHA) Industry Group 154 (Business Category), classification 1542, will be used as the applicable standard for the construction of this project. The information provided must be for your company as a whole, and not individual office locations. Provide copies of your OSHA 300 and OSHA 300A logs for the last three (3) years.

Event Year Year Year 3 -Year Avg.

A. Average Number of Employees.

B. Hours Worked.

C. Number of Fatalities.*

D. Permanent Total Disabilities (PTD)

E. Lost Workday Cases (LWC)

F. Lost Time Injuries (LTI) [Rows C+D+E]

G. Lost Time Injury Rate (LTIR)

H. Lost Work Days

I. Lost Work Day Severity Rate

J. Restricted Workday Cases (RWC)

K. Medical Treatment Cases (MTC)

L. Total Recordable Cases. [Rows F+J+K]

M. Total Recordable Incident Rate (TRIR)

N. Environmental Occurrences

* For each fatality, please attach a description of the accident, including cause, actions taken resulting from that fatality and actions taken to prevent future fatalities.

7. SAFETY RECORD (continued)

b. Please provide your Worker's Compensation Experience Ratings (Experience Modification Rating (EMR)) for the past three (3) years, starting on January 1, 2021.

1.

2.

3.

(EMR)

(EMR)

(EMR)

Please attach the endorsement page from your policy listing your EMR, or have your insurance carrier or broker provide this information on their letterhead. The information is available from your worker’s compensation insurance carrier.

Insurance Carrier: ___________________________________________________________

Contact for Insurance Information: ______________________________________________

Title:_________________________ Telephone: _________________ Fax:______________

If your EMR exceeds 1.0 for any one or more years, please explain:

EXHIBIT 1

STATE OF CALIFORNIA

GENERAL STATEMENT OF BANK CREDIT

(Date)

Bank Reference # ------------------------------------------

In connection with the qualification of

(Name of Design-build Entity)

We hereby declare that said Design-build Entity has been extended a line of credit in a total amount not exceeding $ _____________________________ to perform a Design-build Agreement on the California Highway Patrol Replacement Facility (Project) with the Department of General Services of the State of California, and that such credit will not be withdrawn or reduced without notice to the Department of General Services, Real Estate Services Division, Project Management and Development Branch.

This letter is signed with the understanding that it is a document to be used by the State of California for the Department of General Services only for the purpose of determining the financial resources of said Design-build Entity available for use in performing a Design-build Agreement on the Project, which may be awarded by the Department.

This General Statement of Bank Credit supersedes and replaces any General Statement of Bank Credit from the same Bank, which may have been filed with the current Design-build Entity’s Statement of Experience and Financial Condition and will EXPIRE with the Annual Contractor’s Statement of Experience and Financial Condition for which the line of credit was issued.

(Name of Bank)

(Address)

(Signature of Bank Representative)

(Printed Name and Title)

(Phone)

NOTE: This form is optional and may be used to augment your Working Capital or help your firm establish a rating when completed by your bank; if they prefer, one with the same provisions may be issued on the bank’s own letterhead.

END OF EXHIBIT 1

EXHIBIT 1 – GENERAL STATEMENT OF BANK CREDIT EPUHC

Project No. 12509 August 5, 2024

EXHIBIT 2

BONDS AND INSURANCE

1. Bonds

a. Design-build Entity shall furnish to the State of California, prior to the awarding of any Agreement, a surety bond in favor of the State of California in the amount of not less than one hundred (100%) of the amount of Contract, to guarantee faithful performance of Contract and a payment bond, of not less than 100% of the contract, each in the form attached to the Design-build Agreement. The Performance Bond shall guarantee repair or replacement of deficient, defective, or faulty materials and workmanship for a period of one year following completion of the project unless otherwise required in the Contract Documents. Bond shall be issued by a licensed and admitted surety.

b. State of California acknowledges that any faithful performance and payments bonds provided by Design-build Entity shall not apply to errors or omissions in the furnishing of professional services in connection with architecture or engineering services provided by Design-build Entity or its consultants.

2. Insurance

Design-build Entity shall not commence work under this Design-build Agreement until all insurance has been obtained that is required under this section and such insurance has been verified by the State of California, nor shall Design-build Entity allow any Subcontractor to commence work on its Contract until all similar insurance required of the Subcontractor has been so obtained and approved. Design-build Entity shall furnish the State of California with three (3) copies of each required certificate of insurance and endorsement, as provided below.

Insurance Requirements: Design-build Entity shall have the following insurance coverages:

a. Workers’ Compensation Insurance and Employer’s Liability Insurance

Design-build Entity shall maintain during the life of the Contract Workers’ Compensation Insurance and Employer’s Liability Insurance for all of its employees employed on the project as described herein. Said insurance shall comply with the following:

1) Workers’ Compensation Insurance in compliance with the laws of the State of California and any applicable federal statutes.

2) The Design-build Entity shall maintain Employer’s Liability coverage of one million dollars ($1,000,000) per accident for bodily injury or disease.

3) The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the State for all work performed by the contractor, its employees, agents, and subcontractors.

In signing the Contract, Design-build Entity shall make the following certification, required by Section 1861 of the Labor Law:

“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”

b. Automobile Liability Insurance. Design-build Entity shall maintain motor vehicle liability with limits of not less than two million dollars ($2,000,000) per accident for bodily injury and property damage. The policy shall provide coverage for owned, leased, hired or borrowed vehicles by or on behalf of the Design-build Entity. The policy shall include the Department of General Services and The State of California, its officers, agents, and employees, as additional insureds, but only insofar as the operations under the Contract are concerned. All coverage and limits available to the named insured shall also be available and applicable to the additional insured.

c. Commercial General Liability Insurance. Design-build Entity shall maintain commercial general liability with limits of not less than fifteen million dollars ($15,000,000) per occurrence for bodily injury and property damage liability combined. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. If the aggregate applies “per project or location”, it shall so state on the certificate. The policy shall include coverage for liabilities arising out of premises, operations, independent contractors, products, completed operations, personal and advertising injury, and liability assumed under an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Design-build Entity’s limit of liability. The policy shall include the Department of General Services and the State of California, its officers, agents, and employees, as additional insureds, but only insofar as the operations under the Contract are concerned.

1) The State of California, its officers, agents, employees and servants named as additional insured with respect to work performed under this agreement. This endorsement shall be at least as broad as the CG 20 10 11 85 and separately attached to the certificate of insurance. All coverage and limits available to the named insured shall be available and applicable to the additional insured.

2) Deductibles and Self-Insured Retentions (for Commercial General Liability): Any deductibles or self-insured retentions must be declared to and approved by the State. At the option of the State, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the State of California and the Department of General Services, its officers, agents, employees and servants or the Design-build Entity shall provide a financial guarantee satisfactory to the State guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

d. Professional Liability Insurance/Errors & Omissions Insurance. In the event any Contract specification requires a Contractor to provide professional services, such as but not limited to, architectural, engineering, construction management, surveying, design, etc., a Certificate of Insurance must be provided prior to commencing work evidencing such coverage with a limit of not less than fifteen million dollars ($15,000,000) per occurrence or per claim and aggregate which shall cover claims for any damages caused by a negligent error, act or omission resulting from professional errors and omissions of the Design-build Entity and any of its consultants in connection with the Work provided such claims arise during the period commencing upon the preparation of the construction documents. Such insurance shall be in a form reasonably acceptable to the State of California.

The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of this contract of work. 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 date, the Contractor must purchase “extended reporting” coverage for a minimum of Five (5) years after completion of work.

e. Builders’ Risk Insurance/Installation Floater Insurance. The State shall insure all Work while in the course of construction, reconstruction, remodeling, or alteration, including materials incorporated in the Work, against physical loss or damage resulting from the perils normally insured under an All Risk Builders Risk/Installation Floater policy, including, but not limited to theft, fire, and vandalism. The State will self-insure against Acts of God and natural disasters proclaimed by the State or Federal Government. The State shall issue to the Design-build Entity a “Summary of Coverage” provided under this paragraph and a Certificate of Insurance as part of the executed contract.

1) Design-build Entity shall be responsible for paying a deductible not to exceed the deductible listed in the certificate of insurance issued following binding of the state’s Builder’s Risk/Installation Floater policy.

2) The proceeds under the Builder’s Risk/Installation Floater Insurance taken out by the State will be payable to the State and Design-build Entity as their respective interests, from time to time, may appear.

3) State’s Builders Risk/Installation Floater Insurance shall provide limited coverage for materials in transit and materials at approved off-site staging areas, and full coverage for materials at the Project site; however, the Design-build Entity is responsible for reviewing the “Summary of Coverage” and reporting values that exceed the limits provided within the Summary of Coverage. Notification to the State does not provide coverage. Value increases must be approved by the insurance carrier and Design-build Entity must have a Certificate of Insurance issued by the insurance carrier showing the increased values. Lacking confirmation from the State’s insurance carrier that additional coverage was procured, the Design-build Entity will be responsible for damages in excess of the coverage limits provided within the Summary of Coverage.

4) Nothing in this paragraph e. shall be construed to relieve the Design-build Entity of Design-build Entity’s responsibilities referred to under this Exhibit 2.

5) Insurance policies referred to in this paragraph e. shall provide the following:

a. That the policies are primary and do not participate with nor are excess over any other valid collectible insurance carried by the Design-build Entity.

b. That the Insurer waives the right of subrogation against the Design-build Entity.

f. Pollution Liability Insurance. Should the scope of work involve any handling, use, or disposing of any environmentally regulated substances and/or hazardous materials including but not limited to asbestos, asbestos containing materials or asbestos contaminated materials, lead paint materials, petroleum, petroleum by-products. The Design-build Entity shall maintain or shall cause the hazardous materials subcontractor(s) to maintain, Pollution Liability coverage for Design-builder Entity’s liability for bodily injury, property damage and environmental damage resulting from pollution and related cleanup costs directly or indirectly caused by the hazardous material mitigation work, or related services to be performed.

1) Coverage shall be provided for work performed on site as well as during handling and transport of hazardous materials.

2) Limit of not less than five million dollars ($5,000,000) per occurrence and shall be required.

3) The Design-build Entity, or the hazardous materials mitigation subcontractor(s), shall maintain this required Pollution Liability coverage during each single period, or multiple periods, of hazardous material mitigation work. This coverage may be effected in conjunction with the Design-build Entity’s General Liability coverage as long as coverage is provided for the Design-build Entity’s liability for bodily injury, property damage and environmental damage resulting from pollution and related cleanup costs directly or indirectly caused by the scope of work or related services within this contract; a separate pollution limit of insurance is required. In cases where the Pollution Liability coverage is not required for the complete term of the Contract, the length of time, and periods of time, that this insurance coverage is required may be determined by the State in accordance with the commencement and cessation dates in the Design-build Entity’s Progress Schedule, as accepted by the State in writing. When timing, conditions, and/or the needs of the State warrant, the State reserves the right to set the term of the Pollution Insurance prior to execution of the contract.

a. The Transporter of hazardous materials, whether the Design-build Entity’ or a subcontractor shall produce to the State a Certificate of Liability Insurance for Pollution Liability Coverage mandated by law with a copy of the MCS-90.

b. The MCS-90 Form is effected through the Transporters Automobile liability insurance carrier.

4) The policy, whether obtained by the Design-build Entity, or by the hazardous materials mitigation subcontractor(s), shall include the Department of General Services and the State of California, its officers, agents, and employees as additional insureds, but only insofar as the operations under the Contract are concerned. All coverage and limits available to the named insured shall also be available and applicable to the additional insured.

5) The insurance certificate shall name the State of California, Department of General Services, as certificate holder.

6) If there is change in the hazardous materials mitigation work, then the Pollution Insurance requirements affected by such change must be effected by an Amendment to the Contract.

g. Aviation Liability Insurance. Should aircraft of any kind be used by the Design-build Entity, and any tier of Subcontractor or anyone else on its behalf, the Design-build Entity shall maintain or cause the operator of the aircraft to maintain Aircraft Public Liability insurance including bodily injury, property damage, and passenger liability, as respects any aircraft owned used, operated, or hired in connection with the Work by Design-build Entity or anyone else in limits of five million dollars ($5,000,000) combined single limit of bodily injury and property damage any one occurrence, each aircraft.

The policy shall include the Department of General Services and the State of California, its officers, agents, and employees, as additional insureds, but only insofar as the operations under the Contract are concerned.

Additional Insured coverage shall be provided in the form of an insured endorsement to the Design-build Entity’s insurance policy. All coverage and limits available to the named insured shall be available and applicable to the additional insured. The endorsement must be attached to the certificate.

If the Contractor and/or any employees, subcontractors, or servants has proposed activities that includes the use of a Drone/UAV, the Contractor and/or any employees, subcontractors, or servants shall maintain Drone/UAV coverage (listing the specific aircraft to be used) with a limit of not less than $1,000,000. If Drone/UAV coverage is being added to a general liability policy, there must be a separate endorsement showing proof of coverage. The policy must name the State of California, its officers, agents and employees as additional insured, but only with respect to work performed under the contract. Please note that all separate endorsements must be submitted as separate attachments (not included in the body of the certificate of insurance).

h. Subcontractor Insurance. Design-build Entity shall cause all subcontractors engaged to perform work required of Design-build Entity pursuant to this Contract to maintain insurance coverage and limits meeting or exceeding all the insurance requirements stated herein or maximum amount available for each policy, whichever is greater. All Policy coverage shall be adequate for work performed under this Contract. Subcontractor’s commercial general liability insurance shall include an additional insured endorsement in favor of the State of California, its officers, agents, and employees as respect to work performed under the Contract. For Commercial General Liability coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

i. General Requirements - The following provisions apply to all insurance requirements listed above:

1) Design-build Entity shall procure and maintain 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 and the results of that work by the Design-build Entity, its agents, representatives, employees, or subcontractors.

a. Design-build Entity shall furnish the State with certificates and endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the State before work commences.

b. The State reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

2) Insurance Companies shall be acceptable to Department of General Services (DGS) and Office of Risk and Insurance Management (ORIM). Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-VII, unless otherwise acceptable to DGS, Office of Risk and Insurance Management. Exception may be made for the State Compensation Insurance Fund. If self-insured, review of financial information may be required.

3) Except as otherwise provided for Builders Risk/Installation Floater under paragraph e. above, all coverage shall be in force until the Acceptance of the Work by the Director of DGS. If the insurance expires, the Design-build Entity shall immediately provide a new current certificate or be declared in breach of Contract. The State reserves the right to withhold all progress and retention payments until the breach is cured to the satisfaction of the State. Renewal insurance certificates must be tendered to the State prior to or exactly at the expiration of the previous insurance certificate. There shall be no gap in insurance coverage. This renewed insurance shall be in accordance with the terms of the Contract.

4) Design-build Entity is responsible to notify the State a minimum of five (5) business days before the effective date of any cancellation, non-renewal or material change that affects required insurance coverage.

5) Unless otherwise stated in the contract, the Design-build Entity shall be responsible for any premium deductible or self-insured retention contained within the insurance.

6) All insurance policies required by this contract must allow the State to pay and/or act as the Design-build Entity’s agent in satisfying any self-insured retention (SIR). The choice to pay and/or act as the Design-build Entity’s agent in satisfying any SIR is at the State’s discretion.

7) In the event the Design-build Entity fails to keep in effect at all times the specified insurance coverage, the State may remove the Design-build Entity from the work site and/or may terminate this Contract upon the occurrence of such event, subject to the provisions of this Contract. In the event, the State elects to remove the Design-build Entity from the work site, the Design-build Entity will not be entitled to additional days or compensation.

8) Any insurance required to be carried shall be primary and not excess or contributory, to any other insurance carried by the State.

9) Any required endorsement requested by the State must be submitted with all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance.

10) Minimum Scope of Insurance - Coverage shall be at least as broad as:

a. Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001).

b. Insurance Services Office Form Number CA 0001 covering Automobile Liability, “any auto”, or “all owned, hired and non-owned”.

11) All coverage and limits available to the Design-build Entity shall also be available and applicable to the State.

12) Design-build Entity shall procure and maintain 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 Design-build Entity, his agents, representatives, employees, or subcontractors.

13) With the exception of Builders Risk/Installation Floater, Design-build Entity shall require and verify that all subcontractors maintain insurance coverage and limits meeting or exceeding all the requirements stated herein. Design-build Entity shall ensure that the Department of General Services and the State of California, its officers, agents, and employees, as additional insured on insurance required from subcontractors but only insofar as the operations under the Contract are concerned. For Commercial General Liability coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. The State reserves the right to require the Design-build Entity to provide the subcontractors’ insurance certificates and policies, when so directed by the State.

END OF EXHIBIT 2

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