Vista City Council
October 13, 2026

ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: C6
Prepared by:

Erin Adams, Administrative Programs Manager
Daniel Carns, Capital Projects Manager Meeting Date: October 13, 2026 Approved by:

Matt Atteberry, Acting Department Director
John Conley, City Manager Agenda Location: Consent Calendar SUBJECT: CIP 8398 – THE WAVE IMPROVEMENTS PHASE 1 – FLOW RIDER RESURFACING PROJECT – AWARD OF CONTRACT
RECOMMENDATION: Adopt City Council Resolution No. 2026- , awarding a contract to Pacific Surf Designs, Inc. for Design / Build Services for the Wave Improvements Phase 1 – Flow Rider Resurfacing Project (CIP No. 8398).

CORRELATION TO CITY COUNCIL GOALS: Parks and Recreation.

PRIOR ACTION: On June 6, 2026, adopted City Council Resolution No. 2026-98, adopting a Capital Project Budget for Fiscal Years 2026/27 and 2027/28 (Vote: 5-0).

STATEMENT ON THE SUBJECT: Capital Improvement Project (CIP) No. 8398 includes improvements at the Wave Waterpark necessary to extend the serviceable life of the facility and reduce recurring maintenance needs. The existing foam surfacing on the Flow Rider has reached the end of its useful life and requires replacement.

The Flow Rider Resurfacing Project will retrofit the existing Flow Rider with a new durable vinyl surfacing system, including minor concrete modifications necessary to accommodate the new surface. The improvements are intended to provide a more durable, maintainable, and long-term surfacing solution.

Staff issued a Request for Proposals (RFP) for design / build services for the Wave Improvements Phase 1 –Flow Rider Resurfacing on June 10, 2026. The RFP was advertised on the City’s website and the City’s procurement portal, OpenGov. On July 23, 2026, the following proposal was received:

Bidder’s Name Office Location
Pacific Surf Designs, Inc. San Diego, CA
Staff reviewed the proposal based upon predetermined criteria identified in the RFP, including experience with similar projects, methodology and strategic plan, long term maintenance concerns, cost proposal within City’s budget and ability to meet project requirements.

Staff recommends awarding a contract to Pacific Surf Designs, Inc. for design / build services for the Wave Improvements Phase 1 – Flow Rider Resurfacing Project.

AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, adopted City Council Resolution No. 2026-171. Vote: 5-0

ACTION:

____________________________
Clerk/Secretary

Department: Engineering Item No: C6
Prepared by:

Erin Adams, Administrative Programs Manager
Daniel Carns, Capital Projects Manager Meeting Date: October 13, 2026 Approved by:

Matt Atteberry, Acting Department Director
John Conley, City Manager Agenda Location: Consent Calendar

SUBJECT: CIP 8398 – THE WAVE IMPROVEMENTS PHASE 1 – FLOW RIDER RESURFACING PROJECT – AWARD OF CONTRACT

RECOMMENDATION: Adopt City Council Resolution No. 2026- , awarding a contract to Pacific Surf Designs, Inc. for Design / Build Services for the Wave Improvements Phase 1 – Flow Rider Resurfacing Project (CIP No. 8398).

CORRELATION TO CITY COUNCIL GOALS: Parks and Recreation.

PRIOR ACTION: On June 6, 2026, adopted City Council Resolution No. 2026-98, adopting a Capital Project Budget for Fiscal Years 2026/27 and 2027/28 (Vote: 5-0).

STATEMENT ON THE SUBJECT: Capital Improvement Project (CIP) No. 8398 includes improvements at the Wave Waterpark necessary to extend the serviceable life of the facility and reduce recurring maintenance needs. The existing foam surfacing on the Flow Rider has reached the end of its useful life and requires replacement.

The Flow Rider Resurfacing Project will retrofit the existing Flow Rider with a new durable vinyl surfacing system, including minor concrete modifications necessary to accommodate the new surface. The improvements are intended to provide a more durable, maintainable, and long-term surfacing solution.

Staff issued a Request for Proposals (RFP) for design / build services for the Wave Improvements Phase 1 – Flow Rider Resurfacing on June 10, 2026. The RFP was advertised on the City’s website and the City’s procurement portal, OpenGov. On July 23, 2026, the following proposal was received:

Bidder’s Name Office Location
Pacific Surf Designs, Inc. San Diego, CA

Staff reviewed the proposal based upon predetermined criteria identified in the RFP, including experience with similar projects, methodology and strategic plan, long term maintenance concerns, cost proposal within City’s budget and ability to meet project requirements.

Staff recommends awarding a contract to Pacific Surf Designs, Inc. for design / build services for the Wave Improvements Phase 1 – Flow Rider Resurfacing Project.

AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
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MEETING DATE: October 13, 2026 PAGE 2
SUBJECT: CIP 8398 – THE WAVE IMPROVEMENTS PHASE 1 – FLOW RIDER RESURFACING PROJECT – AWARD OF CONTRACT
FISCAL IMPACT: The cost of Phase 1 design, preconstruction services and Phase 2 construction has a Guaranteed Maximum Price of $484,512 as specific in Pacific Surf Designs, Inc.’s proposal. Sufficient funding is budgeted and available in the Fiscal Years 2026/27 and 2027/28 Capital Improvement Budgets in CIP No. 8398, the Wave Improvements Appropriation Account (No. 0026555.578999.8398).

EXHIBITS:

1.City Council Resolution 2026- , awarding a contract to Pacific Surf Designs, Inc. for Design / Build Services for the Wave Improvements Phase 1 – Flow Rider Resurfacing Project (CIP No. 8398)

2.Contract with Pacific Surf Designs, Inc.
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RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, AWARDING A CONTRACT TO PACIFIC SURF
DESIGNS, INC. FOR DESIGN / BUILD SERVICES FOR THE WAVE
IMPROVEMENTS PHASE 1 – FLOW RIDER RESURFACING PROJECT
(CIP NO. 8398)
The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council 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 June 10, 2026 for design/build services.

B. One proposal was submitted in response to the RFP and was evaluated based upon the predetermined set of criteria identified in the RFP.

C. Staff recommends the section of Pacific Surf Designs, Inc. as the consultants to provide design/build services for the Wave Improvements Phase 1 – Flow Rider Resurfacing Project (CIP No. 8398).

2. Action.

A. The contract between the City of Vista and Pacific Surf Designs, Inc. for design/build services for the Wave Improvements Phase 1 – Flow Rider Resurfacing Project is approved and the Mayor is authorized to execute the contract.

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on October 13, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

APPROVED
Walter C. Chung
20261001104650
JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:
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EXHIBIT 1

00105692 1{

DESIGN / BUILD SERVICES FOR THE

WAVE IMPROVEMENTS PHASE I - FLOW RIDER RESURFACING PROJECT CIP NO. 8398
THIS AGREEMENT is made and entered into as of ________________ (Contract Date) by and between the CITY OF VISTA (“City”), a chartered municipal corporation, and PACIFIC SURF DESIGNS, INC. (“Design Builder or DB”). City and DB are sometimes individually referred to as Party” and collectively as “Parties”.

RECITALS

1. On June 10, 2026, a Request for Proposal (RFP) (Exhibit 3) was issued for design/build services for the Wave Improvements Phase 1 – Flow Rider Resurfacing Project – CIP No. 8398; and

2. One firm submitted proposals and based upon the review of the proposal, 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 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 Wave Improvements Phase I - Flow Rider Resurfacing Project – CIP No. 8398 (Exhibit 1 attached hereto and incorporated herein), the Project 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 the Phase I design and pre-construction services and the Phase II construction services for the Guaranteed Maximum Price (GMP) of $484,512 as specified in DB’s Cost Proposal. 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. Any savings resulting in the project being completed for less than the amount of the GMP shall belong to the City.

1.3.2 Complete the Phase I preconstruction and design services by March 1, 2027, including obtaining City approval of 90% and 100% Construction Drawings (CDs), in accordance with the schedule set forth in Exhibit 1.

1.3.3 After City’s issuance of the Notice to Proceed with Phase II construction services, complete the Phase II construction services by May 15, 2027, in accordance with the schedule set forth in Exhibit 1.
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EXHIBIT 2

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Section 2: General Obligations of City

2.1 City shall be obligated as follows:

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

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 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 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 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 reasonably determines the Project has achieved Final Completion as defined in Section 16.2.

2.2 City Review Process. City 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 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.

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 10/13/2026 C6 5 of 76

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provided in Section 14. 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.

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. 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 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 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.

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 recognizes that 10/13/2026 C6 6 of 76

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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 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 of Vista.

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

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 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.

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 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.

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 10/13/2026 C6 7 of 76

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any way excuse or limit DB’s obligations to fully comply with all other terms in this Agreement.

3.1.19.1 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.

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 in its reasonable discretion, without the prior written consent or instruction of the City.

3.1.19.3 City 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, 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.

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 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. 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.

3.1.20 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 (Exhibit 1) of this Agreement, unless necessary to protect public health, safety or property.

3.1.21 DB shall fully cooperate with City Representative and any of its agents assigned to this project.
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3.1.22 The DB shall remain in compliance with the City of Vista Water Quality Protection Program and, where applicable, City 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 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 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 5.2 of the RFP (Exhibit 3).

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

6.1 Contingent on City’s approval during Phase I of 90% and 100% CDs and issuance of the Notice to Proceed with the Phase II construction services, DB’s services in Phase II shall include those specified in Section 5.3 of the RFP (Exhibit 3).

Section 7: INTENTIONALLY LEFT BLANK
Section 8: INTENTIONALLY LEFT BLANK
Section 9: Additional Services

9.1 City 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 and after complying with Section 9.4. The City 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 in developing drawings and specifications as necessary, solicit a revised bid, negotiate with the subcontractor, present a recommendation for a Change Order to City, and implement construction as approved by City.

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 10/13/2026 C6 9 of 76

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once to the performing Subcontractor’s total costs. City will also pay any additional Subcontractor’s insurance or bonding costs.

9.3 For Additional Services, which result in an extension of the Substantial Completion date, DB and City 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 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.

Section 10: Bonds

10.1 DB shall furnish performance and payment bonds with the names of the obligees designated as the City 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 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.

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.

DB shall be responsible for maintaining a record of all inspection reports and shall provide the City with any inspection data upon request. The City shall perform standard inspections with its own forces. It shall be the responsibility of DB, however, to call for, coordinate and schedule all inspections.
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12.2 City, 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.

12.3 DB will make, or have made, such inspections and tests, as the City 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, as well as the cost of subsequent re-inspection and re-testing. Neither observations by the City 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 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 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 Except as otherwise expressly provided in this Agreement, as full and complete compensation for performance of all Phase I and Phase II Services, DB shall be compensated by the GMP sum. The GMP 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:

13.1.1 All Design Consultants.

13.1.2 Estimating, management of design consultants and value engineering.

13.1.3 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.

13.1.4 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.

13.1.4.1 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’s option, the full price for equipment or Small Tools may be paid, and City may take possession upon completion of the Work.

13.1.5 All home-office and field overhead costs of any type including document control and retention.
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13.1.6 All business license costs.

13.1.7 All profit DB intends to earn under this Agreement.

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

13.2 The GMP, as specified in DB’s Cost Proposal, includes all Hard Construction Costs, DB Contingency Fund, Reimbursable Costs, and a 10% DB Fixed Fee for the complete design and construction of the entire Project.

13.2.1 For City approval, DB shall submit a Schedule of Rates of the hourly rates for all labor and equipment applicable to the Phase I Services and Phase II Services.

13.2.2 DB shall perform the Phase I Services on a time and materials basis.

13.2.3 All Hard Construction Costs included in the GMP are for direct Construction costs incurred in performing the work, including taxes, delivery and installation. City 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.

13.2.4 The GMP shall include a DB Contingency Fund which can be used by the DB with City 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 approval.

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

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

13.3.1 The cost of obtaining payment and performance bonds in the amount of $14,112.00 and any other reimbursable cost expressly provided for elsewhere in this Agreement.

13.4 DB agrees and acknowledges the City 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 may terminate this Agreement for any reason, including but not limited to, if City 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 directs DB to perform Additional Services or City 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 or agent for the City, DB shall give the City 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 except if such services or work are necessary to protect public health, safety or property as directed by the City Representative in writing.

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

14.2.3 DB’s notice to the City 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 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 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 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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14.3 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 approvals, however City 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 Except as otherwise expressly provided in this Agreement, DB shall provide all Phase I Services and Phase II Services for the GMP sum.

15.1.1 For the Phase I Services, DB shall submit an application for payment to the City on a monthly basis for services rendered and costs incurred plus the DB Fixed Fee. 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. DB shall include supporting documentation for the monthly application amount for the Phase I Services, such as professional services records that include dates, applicable hourly rate, working times, and a summary of work performed.

15.1.2 For the Phase II Services, DB shall submit an application for payment to City on a monthly basis. 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 and subject to the receipt of unconditional lien releases for all prior payments and if the invoiced amount is not disputed by City, 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, plus the DB Fixed Fee, within thirty (30) days after receipt of the fully documented invoice. City will withhold the remaining 5% as security for DB’s full performance.

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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, 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. DB shall include supporting documentation for the monthly application amount for Hard Construction Costs, such as cover sheet summary of the GMP amount, change orders, all previous approved payments, and current invoice amount; timesheets records or daily field reports showing labor hours and equipment; material invoices or purchase orders; and subcontractor invoices.

15.5 DB shall separately submit to City 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, City shall pay ninety five percent (95%) of the invoiced amount within thirty (30) days of 10/13/2026 C6 14 of 76

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receipt of fully complete invoice. City will withhold the remaining 5% as security for DB’s full performance.

15.6 Subject to Sections 15.8, City 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 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.

15.8 In lieu of withholding retention under this Agreement, at the election of DB, City 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 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; 3) issuance of a final Certificate of Occupancy for the Project; (4) subm ission of all documents required to be supplied by DB to City under this Agreement, including but not limited to As -Built Drawings, warranties, and operating manuals; (5) and delivery to City of a Certificate of Completion duly verified by DB.

16.3 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.

16.4 DB shall provide one set of City 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 upon receipt or generation, which shall include a copy of DB’s filing protocol.

Section 17: Contract Time

17.1 DB shall achieve Substantial Completion of the Phase I Services and Phase II Services no later than 206 calendar days from the Contract Date (“Contract Time”).

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

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 and DB recognize that time is of the essence in this Agreement and that City 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 if the Project is not completed on time. Accordingly, instead of requiring any such proof, City 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 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. 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 desires a change in the Project, City may issue a Request for Proposal to DB.

DB will be required to respond within the time indicated by City.

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Section 21: Work By Others

21.1 City may perform other work related to the Project at the Project Site by City’s own forces, or let other direct contracts (“City Contractor”). The City will give DB reasonable notice of its intent to do such other work. DB’s work shall take priority over the City Contractor; 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 Contractor to proceed expeditiously.
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21.2 If the proper execution or results of any part of DB’s work depends upon the work by the City or City Contractor, DB shall promptly inspect and report to City in writing any apparent delays, defects, or deficiencies in the City’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’s work as fit and timely for integration with DB’s Work except for latent defects and deficiencies in the City’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’s or City Contractor’s work, property, or person, or if any claim arising out of DB’s performance of the Project by any other contractor is made against DB, by City, any other contractor, or any other person, DB shall promptly repair and/or resolve said claim at no cost to City.

Section 22: Warranties and Guarantees

22.1 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. Prompt notice of defects known to City shall be given to DB. All Defective Work, whether or not in place, may be rejected, corrected, or accepted as reasonably directed by City, 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 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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22.4 DB is to provide City one (1) set of operating and maintenance data manuals, fully bound and indexed, warranties, guarantees, and bonds.

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’s written instructions, either correct that defective work, or if it has been rejected by City 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 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 for all direct, and indirect costs of City, and City 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;
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22.6.2 Require all warranties to be executed, in writing, for the benefit of City;

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

22.6.4 In the event DB’s warranty under Section 22.2 has expired, City 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 at the expiration of the one year warranty.

Section 23: Use and Possession Prior to Completion

23.1 City 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 shall furnish DB a list of items of Work remaining to be performed or corrected on those portions of the Work that City intends to take possession of or use. However, failure of City to list any item of Work shall not relieve DB of responsibility for complying with the terms of this Agreement. City’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 has such possession or use, DB shall be relieved of the responsibility for the loss of or damage to the Work resulting from City’s possession or use. If prior possession or use by City 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. Any such change, assignment or transfer without the prior written consent of the City 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, 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 10/13/2026 C6 18 of 76

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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.

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, 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. When resumed, operations within the area of the discovery shall be as directed by City.

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 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 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, become the property of the City, 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. 10/13/2026 C6 19 of 76

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

26.2.3 Rights of City Preserved: Where DB’s services have been so terminated by City, the termination will not affect any rights or remedies of City against DB then existing or which may thereafter accrue. Any retention or payment of moneys due DB by City 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 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: City 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, become City’s sole and exclusive property. If the Agreement is terminated by City 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, at DB’s office, at all reasonable times, without any direct charge. If approved by the City Manager, 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 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 has or may acquire an interest.

26.6 Payment to DB Due to Termination - DB and the City Manager 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 as reduced by the amount of payments previously made.

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

26.7.1 The price for completed services accepted;
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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 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;

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 is fair and reasonable and if DB gives notice of such disagreement to City 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 expressly assumed the risk of loss, the City Manager shall exclude from the amounts payable to DB under this Section, the fair value, as determined by the City Manager, of property that is destroyed, lost, stolen, or damaged so as to become undeliverable to City.

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

26.10.1 Any claim which City 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.

26.11 Termination of Agreement by DB:

26.11.1 DB may terminate the Agreement upon ten (10) days written notice to City, 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 Ci ty within this time period; or

26.11.1.2 City 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 by DB of a request therefore, unless within said 10-day period City 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 except for those claims specifically enumerated in Section 26.9, herein, and as determined in accordance with the requirements of said Section.
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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. Except as expressly provided in this Agreement, City assumes no liability for DB’s actions and performance; in particular, but without limitation, City 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 is making no deductions from the fees for services being paid to DB and that City is not contributing to any fund on the behalf of DB. DB disclaims the right to any type of additional fee or benefits.

Section 28: Independent Judgment

28.1 Unless otherwise directed in writing by City, 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, other than normal contract monitoring; DB, however, shall possess no authority with respect to any City decision beyond rendition of such information, advice and recommendations. DB shall not have the authority to act as an agent on behalf of City unless specifically authorized to do so by City 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 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, and DB shall convey and transfer all copyrightable interests in such drawings, plans and specifications, documents to City. 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. 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 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 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 has full legal title to and the right to reproduce such materials. DB covenants to defend, indemnify and hold City harmless of any loss, claim or liability in any way related to a claim that 10/13/2026 C6 22 of 76

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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.

Section 31: Force Majeure

31.1 Any party to this Agreement may be excused for any delay or failure to perform its duties and obligations under this Agreement, except for obligations to pay money, but only to the extent that such failure or delay is caused by an Event of Force Majeure as set forth in Section 31.2. If 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 performanc e 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 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. 10/13/2026 C6 23 of 76

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33.2 DB shall submit its written request for additional compensation for work beyond the scope of this Agreement to City pursuant to Section 9. City 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 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.

33.3 If DB disagrees with City’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 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.

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:

Engineering Department
Attn: Daniel Carns
200 Civic Center Drive
Vista, CA 92084
To DB:

Pacific Surf Designs, Inc.

Attn: Richard Alleshouse
3266 Via Bartolo
San Diego, CA 92111
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.
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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.

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 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 right 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 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, 10/13/2026 C6 25 of 76

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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) 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’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 24.]:
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Section 37: Execution
IN WITNESS WHEREOF; the Parties hereto have executed this Agreement as of the Agreement Date.

City”
CITY OF VISTA, a chartered municipal
corporation
BY:

JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
BY:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
BY:

RISK MANAGEMENT REVIEW:

ANALISA HOLBROOK, RISK MANAGER
BY:

APPROVED
Amanda L. Guy
20260902123529
Design Builder”
PACIFIC SURF DESIGNS, INC.

By:

Name/Title
BY:

Name/Title
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Design / Build Services Agreement
Wave Improvements Phase 1 – Flow Rider Resurfacing Project (CIP No. 8398)

00105692 1

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

5. Agreement to Comply With California Labor Law Requirements 10/13/2026 C6 28 of 76

The Global Leaderin Custom SheetWavesProFlowCustomSingleProposal Project: ITM Port Project
December 4, 2023
By Pacific Surf Designs, Inc.

Aquaventure, Atlantis the Palm
Dubai, UAE
EXHIBIT 1
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ProFlow Custom Single
Proposal:

ITM Port Project
ProFlow Custom Single
December 4, 2023
10/13/2026 C6 30 of 76

Since 2012, Pacific Surf Designs has supplied the highest quality, custom- designed surf simulators for our valued clients around the globe. As action sports enthusiasts ourselves, our attractions incorporate ride elements and characteristics sought out by skate, snow, skim, wake and surf enthusiasts.

We are proud holders of the Guinness World Record for tallest sheet wave, our Supertube product in the South of France and hold patents on novel ride designs, including a first-of-its-kind ProFlow Quarterpipe design that debuted in New York City in 2022. The technology utilized by Pacific Surf Designs is the ONLY solution to last in extreme environments and has been field-tested and proven time and time again.

As true partners, we will work with you and your team from start to finish to ensure that the projects progresses seamlessly. Our belief has been and continues to be if you look good, we look good.

About Us
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YONG YEH
CEO
Yong holds a B.S. in Molecular and Cell
Biology from U.C. Berkeley, a JD from the
University of San Diego School of Law and
an LLM from Georgetown University Law
Center. He has years of corporate and tax
law experience from top-tier law firms in
New York (Weil, Gotshal & Manges) and
Palo Alto (MoFo and Cooley). From his
years working with dozens of different
companies and serving as a VP of an
emerging technology company, Yong has
been exposed to numerous industries and
types of companies.

Company Overview
Our Team

RICHARD

ALLESHOUSE
COO
Richard holds a B.S. in Mechanical
Engineering from U.C. Berkeley, an MBA
from the U.C. San Diego Rady School of
Management and is a registered
Professional Engineer in both Mechanical
and Civil Engineering in the State of
California. Richard has years of engineering
experience in waterpark and construction
management.

Richard previously worked at Wave Loch
Inc. as a field engineer, product manager
and manufacturing engineering manager for
over 5 years. Eager to push design
concepts and innovation in the industry, he
found his outlet in Pacific Surf Designs.

In addition, we have assembled a global team of staff to assist with the manufacturing, installation and maintenance of our attractions. This team works to ensure a seamless design and installation process as well as customer support for any warranty or repairs needed in the future.

References

1.BearX Daycation Resort, College Station, TX ( www.bearx.com): Heath Phillips, p: 979.229.5906, e: [email protected]

2.Wave Island Waterpark, Monteux, France ( www.wavecorner.fr/):

Frederic Bouvard, e: [email protected]

3.Scott’s Pointe, Long Island, NY ( https://scottspointe.com/): Eric Scott, e: [email protected]

4.Whale's Tale Waterpark, Lincoln, NH (whalestalewaterpark.net/): Jeb and Matt Boyd, p: 603.381.5021 or 603.381.6132, e: [email protected] or [email protected]

5.Moon Palace Cancun, Mexico ( www.moonpalacecancun.com/): Anuar Chapur, e: [email protected]. Moon Palace Cancun already had a flowrider on site in addition to our ProFlow Triple and in spite of this, Palace Resorts chose our product for their premium Grand location.

6.Wavehouse Dubai @ Atlantis the Palm, Dubai, UAE
www.atlantis.com/dubai/restaurants/wavehouse): Olivia Wyrick, e:
[email protected]/13/2026 C6 32 of 76

BearX Daycation Resort, Texas
ProFlow Double - 2014
Five Islands Waterpark, Trinidad
ProFlow Double - 2017
Whale’s Tale Waterpark, NH
ProFlow Double - 2017
The Grand Moon Palace, Cancun
ProFlow Triple - 2019
Atlantis the Palm, Dubai
ProSlide Surf Double - 2019
Oasis Waterpark, El Paso
ProFlow Single - 2020
Wave Island Waterpark, France
Supertube - 2015
Additional projects for 2021 Summer installations:

Yanbu Waterpark, Jeddah, KSA, ProFlow Double; Island Waterpark, Long Island, NY, ProFlow Quarterpipe; Goddard Waterpark, Kansas, ProFlow Super Single.10/13/2026 C6 33 of 76

Island Waterpark
ProFlow Quarterpipe - 2022
Genesis Health Clubs
ProFlow Super Single - 2022
OWA Tropic Falls Waterpark
ProFlow Double – Spring 2023
10/13/2026 C6 34 of 76

Executive Summary
Pacific Surf Designs, Inc. proposes to refurbish the FlowRider at The Wave waterpark in vista by building a stainless structure immediately over the existing concrete structure and covering this stainless structure with foam and vinyl. Doing so would address previous design issues, maintain the ride experience and bring the attraction to current industry standards. All materials and details are currently used in the industry and available allowing for the conformance to the timelines put forth by the City of Vista. PSD has a Civil and Mechanical engineer registered within the State of CA on staff to meet all design requirements.
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Design Team
Pacific Surf Designs, Inc. would perform the design build contract from start to finish. Our design, engineering, construction and project management would all be handled by PSD. Al engineering our be handled by Richard Alleshouse as a licensed CA engineer (M34951, C97731).
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Relevant Experience
In addition to the construction of new sheet wave systems, Pacific Surf Designs has performed maintenance on a variety of sheet waves including iterations of the FlowRider almost identical to the FlowRider at The Wave.

PSD carried out full refurbishment projects on FlowRiders at Wild Wadi in Dubai (below right) and Splash Kingdom in Redlands, CA (left). While these refurbishments simply replaced the padding system with foam and vinyl, it did not alleviate the underlying issues of the current system where the foam is below the static water level and any water that enters below the foam has no path to escape.
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Summary of Current FlowRider
PSD has performed many site visits to The Wave over the years and is intimately familiar with the product. While generally acceptable, the current FlowRider suffers from two fatal flaws.

First, the “belly” of the attraction is below the water line. This means that the foam and coating in the belly of the wave is always submerged. This leads to accelerated glue and material failures.

Second, the water that inevitably enters the foam and vinyl padding system has no way out. As a result, gravity will pull this water to the belly of the wave where its head pressure will, over time, cause the foam and vinyl to delaminate from the concrete substrate. Once the water delaminates the foam from the concrete, a pocket of water is formed. When the wave is turned on, the flow pressure then pushes this pocket of water up the wave, delaminating more of the foam from the substrate.

In addition, the organic curves of the wave, while well suited for foam and coat, need to be brought to current standards to allow for the application of foam and vinyl technology.
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Methodology and Strategic Plan
PSD would use industry standards to create design documentation and construction plans to create a stainless steel surface 2-3” above the current concrete structure. By using existing details of our currently installed and time proven attractions, PSD can implement these details to alleviate the issues present with the FlowRider at The Wave.

In addition to a new surface over the existing concrete form, the termination areas of the surface would be re- created with linear terminations to accommodate the installation of foam and vinyl. The curved slopes on either side of the attraction would be replaced by a single angular wall which would allow the installation of foam and vinyl. The implementation of the surface could best be described as creating a “stealth” looking wave vs. an old school rounded edge airplane.
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The steel structure would be comprised of stainless angular cross members installed at approximately 8” on center
transverse across the wave. The left and right sides would slope upward slightly to match the design of current PSD attractions.

Methodology and Strategic Plan
New approximate
profile of new
surface
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1.Using 2”x2”x3/16” stainless angle, create a series of transverse members just above the existing surface of the wave.

Mount angles to surface using 3/8” threaded rod embedded in epoxy with a leveling nut below and securement nut above. Smooth the shape by installing members every 4’ then filling the center with fairing sticks to create a smooth profile.

2.Install sheets of expanded metal, welded to the angles at 1” on center typical, to create a new surface.

3.Fair the new surface to the existing nozzle using a 3/8” stainless plate to ensure the flow would smoothly transition to the new surface.

Methodology and Strategic Plan
New surface of
expanded metal
Transverse angles
mounted above existing
concrete surface
3/8” transition plate
Existing surface shape
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1.Using 2”x2”x3/16” stainless angle, create a series of transverse members just above the existing surface of the wave.

Mount angles to surface using 3/8” threaded rod embedded in epoxy with a leveling nut below and securement nut above. Smooth the shape by installing members every 4’ then filling the center with fairing sticks to create a smooth profile.

2.Install sheets of expanded metal, welded to the angles at 1” on center typical, to create a new surface.

3.Fair the new surface to the existing nozzle using a 3/8” stainless plate to ensure the flow would smoothly transition to the new surface.

Methodology and Strategic Plan
New surface of
expanded metal
Transverse angles
mounted above existing
concrete surface, 8” on
center typical
Existing surface shape10/13/2026 C6 42 of 76

Transition slides to be squared off with linear terminations.

Any areas where an overhang would be present would be
protected with walk-on grating with gap sizes less than 3/ 8”.

All termination would receive padding and positive affixment. 1a. Straight edge
termination into
lazy river.
1b. New surface to be
installed to be at least
1” above static water
level

2. Create planer, angled
sidewalls each side of
attraction. These would
match details currently used
successfully by Pacific Surf
Designs.

Methodology and Strategic Plan
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The rear pool would no be addressed as any work here would be subjected to water intrusion. Suggest to continue with existing details.

The rear face would be padded in this area with all vinyl secured around the perimeter with linear battens.

The slide would be re-used and the slide path would be
blended to match the new profile. Any slide transitions would be squared off for use with foam and vinyl.

Vertical rear face to be padded with
foam and covered with vinyl and
positively secured with linear battens.

No work in rear pool
or pool walls
Methodology and Strategic Plan
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Install transition plate between existing outflow elevation and new surface elevation. Minimum 4’ in length to allow for smooth transition of flow to new surface.

All edges that are to remain would be squared with a polymer modified and fiber reinforced cementitious patch compound.

Square off all
rounded edges for
application of
foam and vinyl
Install transitional
plate (min. 4’ in
length) between
exiting outflow and
new surface
elevation.

Methodology and Strategic Plan
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1.All structural steel members, fasteners, anchors and materials to be 304SS or better.

2.Stainless steel fabrication and fitment to be completed on site to ensure fit, curve smoothness and alignment.

3.All foam and vinyl materials to be pre-laminated by PSD in a factory environment using proprietary PSD lamination machine.

4.All terminations to be radiused and padded at least 4” down the terminating face unless noted otherwise.

5.Any overhangs created by the new surface structure would prevent entrapment by installation of a walk-on grating similar to T1810 pultruded grating.

Methodology and Strategic Plan
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1.The stainless surface is anticipated to have zero long term issues or maintenance needs.

2.Any resurfacing could be done over the new stainless surface.

3.While surface life varies, similar installations in France and Texas have been in use since 2014 and 2015 respectively.

4.Repair materials can be procured from PSD or directly through the material vendors.

Anticipated Maintenance
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General Fit and Finish
Image from Whale’s Tale Water Park – ProFlow Double with Integral Walkways The overall wave look would be
similar to the surface section here – a
smooth, curved riding surface with
angular sidewalls on both sides.
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Anticipated Maintenance
Item #Description QTY Unit Unit Price Total

DESIGN SERVICES - PHASE I

1.00 Project Administration - Phase I 1 LS $15,000.00 $15,000.00

2.00 90% PSE Submittal 1 LS $45,000.00 $45,000.00

3.00 Final PSE Submittal 1 LS $15,000.00 $15,000.00

4.00 Permitting 1 LS $10,000.00 $10,000.00
85,000.00

CONSTRUCTION SERVICES - PHASE II

1.00 Project Administration/Construction Management - Phase II 1 LS $25,000.00 $25,000.00

2.00 Permit Coordination, Inspection, and Compliance 1 LS $15,000.00 $15,000.00

3.00 Mobilization and Demobilization 1 LS $5,000.00 $5,000.00

4.00 Storm Water Pollution Prevention Measures 1 LS $5,000.00 $5,000.00

5.00 Demolition and Removal 1 LS $8,000.00 $8,000.00

6.00 Stainless Surface Construction 1 LS $146,000.00 $146,000.00

7.00 Flow Rider Resurfacing Installation 1 LS $78,000.00 $78,000.00

8.00 Construction Support (Material Testing, Survey, Special Inspection)1 LS $5,000.00 $5,000.00

9.00 Flow Rider Commissioning 1 LS $10,000.00 $10,000.00

10.00 Miscellaneous 1 LS $10,000.00 $10,000.00
307,000.00
392,000.00
39,200.00
39,200.00
Require performance Bond - 3%$14,112.00
484,512.00TOTALGURANTEEDMAXIMUMPRICE
Design Services Phase I Subtotal
10% Cost of Work Fee
10% Contingency
Project Subtotal
Rates & Fees Breakdown - GMP
Design Services Phase II Subtotal
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Project Schedule

1.90% PSE submittal – 6 weeks

2.10% Final Submittal – 4 weeks

3.Permitting – 8 weeks (can overlap the 10% final submittal to a certain extent)

4.Material procurement – 6 weeks

5.Material processing (off site) – 4 weeks

6.Installation – 4 weeks

7.DOSH certification – 4 weeks
If City council approval can be obtained in September, PSD sees no reason the project could not be completed by May 7th, 2027.
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THE CITY OF VISTA PREVAILING WAGE CERTIFICATION

PREVAILING WAGE AND

RELATED LABOR REQUIREMENTS CERTIFICATION
PROJECT/CONTRACT NO.: between the City of Vista (“City” or “Vista”) and (“Contractor”
or “Bidder”) (“Contract” or “Project”).

I hereby certify that I will conform to the State of California Public Works Contract requirements regarding prevailing wages, benefits, on-site audits with 48-hours’ notice, payroll records, and apprentice and trainee employment requirements, for all Work on the above Project including, without limitation, labor compliance monitoring and enforcement by the Department of Industrial Relations.

I hereby certify that I will also conform to the Federal Labor Standards Provisions regarding minimum wages, withholding, payrolls and basic records, apprentice and trainee employment requirements, equal employment opportunity requirements, Copeland Act requirements, Davis-Bacon and Related Act requirements, Contract Work Hours and Safety Standards Act requirements, and any and all other applicable requirements for federal funding for all Work on the above Project.

Date:

Proper Name of Contractor:

Signature:

Print Name:

Title:

END OF DOCUMENT
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00043997 1 1 of 4
EXHIBIT 2

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 10/13/2026 C6 52 of 76

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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00043997 1 4 of 4
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. 10/13/2026 C6 55 of 76

EXHIBIT 3
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CIP 8398 Flow Rider Resurfacing Project
June 26, 2026
Pre -Proposals Site Walk Questions & Answers
Question 1: WiII there be a scheduling conflict with the public? Which dates? Answer: October thru March, Park will be closed to public. March to May, there will be swim lessons scheduled at the competition pool.

Question 2: Is there alternative access to the pool?
Answer: Rear Access - There is a maintenance gate in the rear of the park. Contractor can place plywood over the turf in order to move equipment.

Front Access - Front gate is preferred access point. There is a maintenance ramp in the front which is regularly used by the Park.

Question 3: Would City like to keep the Slide in the rear of the Flow Rider? Answer: Yes.

Question 4: What are problems in the rear area of the Flow Rider? Answer: These issues with the back area of the Flow Rider ( know as backwash area) are the same with the ride surface. Water will get under the coating and foam and will either bubble or tear the coating, or cause a water bubble under the foam.

Question 5: Is the City willing to keep the foam cover in the rear area of the Flow Rider? Answer:Flow Rider cover is the main concern of the project. So, any replacement to the rear area is not a requirement of this project. If any work is to be done in the rear area, that can be shown on the Concept Plan.

Question 6: WiII there be any equipment or equipment room replacements? Answer: City does not expect any equipment replacement, except as required by the project.

Question 7: What access is available at the front of the park? Answer: Contractor may enter through the front gate. There is also a maintenance ramp in the front which is regularly used by other personnel at the park.
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July 9, 2026
ADDENDUM NO. 2
To the Contract Documents for:

Wave Improvement Phase I
Flow Rider Resurfacing Project
C.I.P. No. 8398
City of Vista
200 Civic Center Drive
Vista, CA 92084-6240

CITY ENGINEER
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.

Deadline Extension
The deadline to submit questions and to submit proposals is extended by one (1) week to:

July 16th Deadline for Questions & Answers.

July 23rd Deadline to submit proposals.

END OF ADDENDUM
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4854-4480-8083, v. 1

DESIGN/BUILD SERVICES

REQUEST FOR PROPOSALS (RFP)
FOR
WAVE IMPROVEMENTS PHASE I (CIP NO. 8398) – FLOW RIDER

RESURFACING

ENGINEERING DEPARTMENT
SUBMITTAL DEADLINE: THURSDAY, JULY 16TH, 2026, AT 2:00 PM EXHIBIT 3
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DESIGN / BUILD RFP
WAVE IMPROVEMENTS PHASE I (CIP NO. 8398) – FLOW RIDER RESURFACING

TABLE OF CONTENTS

1.0 INTRODUCTION _________________________________________________________ 1

2.0 RESPONSE DUE DATE ____________________________________________________ 1

3.0 PROJECT DESCRIPTION ___________________________________________________ 1

4.0 GENERAL OBLIGATIONS OF DB _____________________________________________ 2

5.0 SCOPE OF WORK ________________________________________________________ 5

6.0 INSURANCE REQUIREMENTS _____________________________________________ 10

7.0 INSPECTION ___________________________________________________________ 10

8.0 CHANGE IN GMP AND CONTRACT TIME _____________________________________ 10

9.0 PROJECT COMPLETION __________________________________________________ 10

10.0 WARRANTIES AND GUARANTEES ________________________________________ 11

11.0 MAINENANCE OF RECORDS AND ACCOUNTING _____________________________ 11

12.0 OWNERSHIP OF DOCUMENTS ___________________________________________ 11

13.0 RESPONSE REQUIREMENTS _____________________________________________ 12

14.0 PUBLIC DISCLOSURE ___________________________________________________ 12

15.0 PROPOSAL SCHEDULE _________________________________________________ 13

16.0 PROPOSAL SELECTION PROCESS _________________________________________ 13

17.0 PROPOSAL EVALUATION CRITERIA _______________________________________ 13

18.0 CONTRACT TERMS AND CONDITIONS _____________________________________ 14

ATTACHMENTS
ATTACHMENT A – Prevailing Wage and Related Labor Requirements Form ATTACHMENT B – DB Cost Proposal
ATTACHMENT C – DB Standard Agreement and Insurance and Bonding Requirements 10/13/2026 C6 60 of 76

DESIGN / BUILD RFP
WAVE IMPROVEMENTS PHASE I (CIP NO. 8398) – FLOW RIDER RESURFACING 1 DESIGN/BUILD SERVICES REQUEST FOR PROPOSALS
WAVE IMPROVEMENTS PHASE I (CIP NO. 8398) – FLOW RIDER RESURFACING

1.0 INTRODUCTION
The City of Vista (City) is soliciting proposals from qualified design-builder (DB) entities for the WAVE IMPROVEMENTS PHASE I (CIP NO. 8398) – FLOW RIDER RESURFACING (Project). The selected DB will provide the City with a turnkey project which includes engineering design, procurement, construction, commissioning, and closeout services for the project. This Request for Proposals (RFP) includes a description of the project, proposal requirements, criteria for selection, and 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.

2.0 RESPONSE 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 THURSDAY, JULY 16, 2026, at 2:00 PM.

OpenGov will state 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.

3.0 PROJECT DESCRIPTION
The WAVE IMPROVEMENTS PHASE I (CIP NO. 8398) – FLOW RIDER RESURFACING will consist of replacing the existing Flow Rider surfacing with a new surfacing system at the Wave Waterpark (101 Wave Drive, Vista, California). The City has encountered ongoing problems with the existing spray- coat foam system, primarily due to its short lifespan of about two years before requiring significant maintenance. Once the surface layer deteriorates, water seeps into the foam, causing maintenance delays for the FlowRider and the surrounding pool during the operating season. After evaluating alternative solutions, the City has determined that upgrading to a modern surfacing system is the preferred option. Based on preliminary market research, the City is interested in a foam-and-vinyl surfacing system, due to its durability and serviceable life, but the City is also open to other surfacing strategies with a proven track record of performance.

The selected DB will be responsible for designing a new surfacing system and concrete substructure, acquiring all necessary permits (including but not limited to, City of Vista Building Permit, California Division of Occupational Safety and Health (“DOSH”), scheduling the work as to minimize disruptions to ongoing operations, procuring all equipment and materials required to implement the projects, and installing the new surfacing, as necessary to achieve a working system per the Project requirements.

The DB will be responsible for any damage to any property of the City, or private property resulting 10/13/2026 C6 61 of 76

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from use, occupancy, or presence of DBT on or about the project site during Project completion. The DB may not seek reimbursement from the City for such damages.

TABLE 3-1 GENERAL PROJECT SUMMARY
Scope of Work
Design, construction, installation, and commissioning of a new surfacing replacement for the Flow Rider
attraction.

Financing Type City General Fund
Project Site 101 Wave Drive, Vista CA
Design (Phase I) Completion Date December 31, 2026
Construction (Phase II) Completion
Date May 1st, 2027
Project Budget (Phase I and Phase II) $600,000

4.0 GENERAL OBLIGATIONS OF DB

1.1 The services to be provided by the selected DB are generally to be performed in two “Phases”:

Design and Pre-construction Services (Phase I), and Construction Services (Phase II). 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 and II for a Guaranteed Maximum Price (GMP). This not-to-exceed price will be established for both Phase I and Phase II services, including, but not be limited to: the cost for all labor, equipment, and material to complete the design and reconstruct a fully-functional Flow Rider, permitting, and improvements in accordance with all applicable rules, regulations, and laws and insurance and bonding.
a. The DB shall provide line items for design, permitting, construction, bonding, insurance, and DB contingency in the GMP (See Attachment B) b. A DB fee shall be included as 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.
c. Any costs 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.
d. Any savings at the end of the Project will be deducted from the GMP and returned to the City.
e. The total GMP cost shall not exceed DB’s Project Cost Estimate as described in Section 13.3.

1.2 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 and commission the Flow Rider for customer use.

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. The most significant design parameters are:
a. The Flow Rider surfacing materials must be durable, with a serviceable life of at least 10/13/2026 C6 62 of 76

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10 years before replacement is needed. Selected material must be UV resistant, and chemical resistant.
b. All alterations shall integrate seamlessly with the existing equipment, pumps and surrounding pool.
c. All alterations shall not significantly change the user’s experience. DB team shall maintain existing flow characteristics, wherever feasible.

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.

4. Design the Flow Rider so that any alteration to the structure and materials will not significantly change the user experience.

5. Perform all services as expeditiously as is consistent with reasonable skill and care and shall complete the services by May 15th, 2027 (before the park opens for the 2027 summer season).

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

7. 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.

8. Comply with all State, Federal and local labor laws including, but not limited to, those prohibiting discrimination, on account of race, color, national origin, religion, age, sex or handicap.

9. Take all reasonable steps during the course of the Project so as not to interfere with the ongoing operation of the Waterpark, adjacent residences, businesses and facilities, including but not limited to the following:
a. Coordinate all work activities with waterpark maintenance and operations staff. 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.

10. Study all applicable laws, codes, ordinances, rules, orders, regulations, and statutes affecting the Project, including but not limited to, zoning, environmental, building, health, fire and safety codes and coverage, and lien laws, and comply with them in performance 10/13/2026 C6 63 of 76

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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 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.

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.

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

12. Use reasonable care to avoid damaging existing improvements, waterpark facilities, buildings, structures, 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.

13. 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 related to applicable laws.

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

15. 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 the Design/Build Contract. a. 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.
b. 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 10/13/2026 C6 64 of 76

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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. The replacement/substitution shall commence work on the Project no later than five (5) calendar days following the City’s approval of such replacement, the approval of which approval shall not be unreasonably withheld.

16. 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.

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

18. 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.cityofvista.com/city-services/city- departments/water-quality-protection for information.

19. 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 and Davis-Bacon Wage Determinations established by the U.S. Department of Labor. The DB shall pay the higher of the State and Federal prevailing wage rates.

20. 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
Services required of the DB include those during Design and Construction 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 description required for a comprehensive design and construction program for Phase II. The scope of work includes, but is not limited to, the following:

1. Project Management
a. Develop and implement Project Management Plan and Procedures b. Monthly project status reports
c. Submit invoices with backup documentation for all hard design and construction costs. d. Coordination/interface with the City and its other consultants/contractors e. Progress meetings
f. Interface and communications with other agencies including DOSH g. Vendors and subcontractor management
h. Document control
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i. Schedule and budget control
j. Quality assurance and quality control

2. Design Services – Phase I
a. 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:
b. Provide preliminary (90%) Construction Drawings and Details which include Civil, Mechanical, and material installation details. Provide any supporting design analyses and calculations for each discipline as determined by the City. DB shall submit electronic copies for City review. The City shall provide comments within ten (10) working days of each submittal.
c. Prepare Final Construction Drawings and Details, supporting calculations, material details, and specifications suitable for obtaining City approval. d. Engineering plans and details show all alterations to the Flow Rider structure, equipment and new material specifications and details.
i. Technical reports such as structural reports, if required by the Building Official. ii. All other technical drawings, schedules, calculations, diagrams and specifications, designated by the DB Design Engineer or the City, to set forth in detail the requirements for construction of the Project. e. DB shall determine and establish the sequence of construction, and if appropriate, identify separate bid packages to accomplish phased construction of the Project. f. DB shall develop and submit to City for approval prior to implementation a Project Management Plan and Procedures to include the following:
i. Project status reports monthly.
ii. Coordination/interface with the City and its other consultants and contractors. iii. 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. iv. Progress meetings.
v. Interface and communications with other agencies.
vi. Vendors and subcontractors management.
vii. Document control.
viii. Quality assurance and quality control.
g. Obtain written approval from the City of the drawings and specifications for each of the following design phases:
i. 90% Construction Drawing and Details, and specifications. ii. Final Construction Drawing and Details
iii. 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 10/13/2026 C6 66 of 76

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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 the responsibility of the DB. h. Obtain all required permits from any Authority Having Jurisdiction (AHJ), including but not limited to, City of Vista Building Department, DOSH, or CAL-OSHA. i. 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.
j. 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.
k. 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 related to Code Compliance Laws. Provide evidence of QC review upon City request.
l. Establish a Critical Path Method (CPM) Construction Schedule. Monitor, update and report to keep the Project on schedule.
m. Identify, contract, and procure long lead items.
n. Identify all permit requirements and prepare applications and support documents necessary for obtaining all permits. Permit fees will be borne by the City. Obtain all necessary permits and licenses, including but not limited to, City of Vista Building Permits, or DOSH permits.

3. Construction Services – Phase II
a. After City formally approves the Final Construction Drawing, Specifications, Materials, and Construction Schedule, 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.
b. The DB’s Phase II Services shall include but are not limited to:
c. Execute subcontracts, in DB's own name, with the Proposer best meeting the monetary, time, and performance requirements of the Project in the professional opinion of the DB.
d. Coordinate all construction activities with other Waterpark construction and maintenance work.
e. Procure all other equipment and materials required to construct the projects. f. Perform construction management, and administration services during the construction of the Project.
g. Provide an updated budget report on a monthly basis, certified by the project design engineer, which records actual expenditures compared to remaining budget. Each report shall update the City with the project budget status and any value engineering alternatives for the City to amend the budget.
h. Be responsible for and coordinate all construction means, methods, techniques, sequences and procedures.
i. Conduct biweekly project team meetings with the City and appropriate design and construction team members and provide meeting minutes to the participants during the course of construction to review the status of the Project. 10/13/2026 C6 67 of 76

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j. Conduct contractor meetings, as necessary, to provide technical input. k. 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.
l. 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.
m. 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 Acceptance and Completion.
n. 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.
o. Maintain a complete and up-to-date set of Construction Documents in the Projects field office at all times during construction which reflects all changes and modifications, and at the end of construction prepare for City a complete set of Project documents, along with one hardcopy, and one electronic set of drawings depicting As-Built conditions for the Project.
p. Ensure the Project Site is maintained in a clean, neat, sanitary and safe condition free from accumulation of waste materials or 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. q. Develop a mutually agreed upon program to abate and minimize noise, dust, and disruption to access for parking and services at all times for adjacent business entities and residences.
r. 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.
s. 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:
i. a statement and definition of QA/QC goals;
ii. an identification of QA/QC criteria and elements;
iii. development of the Project QA/QC implementation plan; 10/13/2026 C6 68 of 76

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iv. development of the QA/QC materials, components, equipment and system testing plans; and,
v. enforcement of the plans and specifications.
t. 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. u. 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.
v. Keep City informed of the progress and quality of the design and construction of the Project.
w. Develop a Project-specific Change Order Administration Plan for review and approval by the City. Upon written approval of the Plan, the DB shall initiate implementation.

The Plan shall define the required Change Order procedures, including requirements for requesting, developing, approving, and filing.
x. Implement and maintain an internal records management and Document Control System as required to support Project operations.
y. 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. z. 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. aa. Pay royalties and license fees, if applicable, relating to the rendering of services and the production of materials for the Project.
bb. Accidents, claims, and other on-going safety related issues shall be reported to the City in a timely manner.
cc. Give all notices and comply with laws, ordinances, rules, regulations, and lawful orders of public authorities relating to the Project.
dd. 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.
ee. 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.
ff. 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.
gg. 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. 10/13/2026 C6 69 of 76

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hh. Prepare as-built construction drawings and specifications. ii. Prepare final accounting and close out reports.

6.0 INSURANCE REQUIREMENTS
The DB shall comply with the insurance and bond provisions set forth in Attachment C.

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

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.

8.0 CHANGE IN GMP AND CONTRACT TIME
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:
a. The City directs DB to perform Additional Services or City Changes. b. For reasons expressly provided elsewhere in the Design/Build Contract.

9.0 PROJECT COMPLETION

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, commissioned, and are operationally functional, subject only to final testing, balancing and adjustments and normal Final Completion Punchlist Work.

2. Final Completion shall be deemed to occur on the last of the following events:
a. Acceptance of the Project by the City;
b. Recordation of a Notice of Completion for the Project; c. 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; and
d. Delivery to City of a Certificate of Completion duly verified by DB.

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.

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) set of hardcopy plans and 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.

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 10/13/2026 C6 70 of 76

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generation, which shall include a copy of DB’s filing protocol.

6. A copy of all approved submittals shall be forwarded to the City at the completion of the Project. All information shall be assembled in such a fashion to fit into a standard file drawer and organized by CSI codes. This copy is in addition to those provided during the course of construction for comment.

10.0 WARRANTIES AND GUARANTEES

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.

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 MAINENANCE OF RECORDS AND ACCOUNTING

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

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, AutoCAD files, 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 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.

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.

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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
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.

Proposal Contents:

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

A. Executive Summary (Inclusive of a one-to-two-page overview that highlights DB’s project approach and commitment to meet or exceed the City’s objectives and ensure a successful project built on time and within budget)
B. Project Team and Organization Chart (Describe project organization, including identification and responsibilities of key personnel, team roles, subcontractors, licenses, relevant experience, and certifications. Must provide an organization chart or similar graphic).

C. Methodology and Strategic Plan (Describe specifically the implementation of the project, overall strategy, design and construction methodology, resurfacing materials, alterations to FlowRider and discussion of long-term maintenance considerations.

Must include concept plan with section detail or similar graphic.) D. Cost Proposal
E. Project Schedule
F. Prevailing Wage and Related Labor Requirements Form (Must be signed)

14.0 PUBLIC DISCLOSURE

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.

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.
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15.0 PROPOSAL SCHEDULE
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 (Approximate) June 4th, 2026
Pre-Proposal Site Walk (Non-mandatory) June 26th, 2026, at 9:00 AM Deadline for Questions July 9th, 2026, at 2:00 PM
Proposals Due July 16th, 2026, at 2:00 PM
Consultant Interviews July 20th, 2026
Est. Notice of DBT Selection July 27th, 2026
Contract and GMP Finalization August 10th, 2026
City Council Contract Award September 22th, 2026
Notice to Proceed September 29th, 2026
Deadline to Complete FlowRider
Commissioning (Phase II)
May 7th, 2027
An optional pre-proposal site walk will be held for this project. It is encouraged that firms attend.

A pre-proposal meeting will not be held for this project.

Consultant Interviews will be a (.ppt) presentation and shall consist of a 15-minute presentation and followed by up to 25 minutes of questions and answers. The presentation will be held in person at 200 Civic Center Drive on the date shown in the table above. After proposals are due, the City will release a detailed interview schedule. Date is subject to change.

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

1. Award will be based on best value not lowest responsible respondent, based on the submitted proposal, and Consultant Interview. Design and construction expertise, design build team’s experience, experience in similar FlowRider retrofit project, and the ability of the firm to meet the City’s Budget, 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.

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
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:
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TABLE 17-1 PROPOSAL EVALUATION CRITERIA
1 DBT’s ability to successfully complete the
project as evidenced from similar FlowRider
retrofit projects
20%
2 DBT’s ability to meet the requirements of the
RFQ within the City’s budget and schedule 20%
3 Methodology and Strategic Plan effectively
communicates the technical competence and
workmanship ability of the DBT to complete the
project.
20%
4 Material properties and conceptual plan
demonstrates the effectiveness to resolve the
City’s long term maintenance concerns with
minimal impacts to the existing FlowRider
Structure.
20%
5 Rates and Fees for Phase I (Design) and Phase
II (Construction) services. 20%
All evaluation criteria is subject to change via an addendum to this RFP.

18.0 CONTRACT TERMS AND CONDITIONS

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.

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

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 project insurance during contract negotiations. 10/13/2026 C6 74 of 76

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THE CITY OF VISTA PREVAILING WAGE CERTIFICATION

PREVAILING WAGE AND

RELATED LABOR REQUIREMENTS CERTIFICATION
PROJECT/CONTRACT NO.: between the City of Vista (“City” or “Vista”) and (“Contractor”
or “Bidder”) (“Contract” or “Project”).

I hereby certify that I will conform to the State of California Public Works Contract requirements regarding prevailing wages, benefits, on-site audits with 48-hours’ notice, payroll records, and apprentice and trainee employment requirements, for all Work on the above Project including, without limitation, labor compliance monitoring and enforcement by the Department of Industrial Relations.

I hereby certify that I will also conform to the Federal Labor Standards Provisions regarding minimum wages, withholding, payrolls and basic records, apprentice and trainee employment requirements, equal employment opportunity requirements, Copeland Act requirements, Davis-Bacon and Related Act requirements, Contract Work Hours and Safety Standards Act requirements, and any and all other applicable requirements for federal funding for all Work on the above Project.

Date:

Proper Name of Contractor:

Signature:

Print Name:

Title:

END OF DOCUMENT
EXHIBIT 5
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