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25B168 - California Waters Development Inc, dba California Waters
CONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Name: Company Contact: Email: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Contract Administration Lead Department: Contract Administrator/ Ext: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Insurance: Routed By: Bonds: Business License: Sole Source Co-Op CoOp Agmt #: Sole Source Documents: CoOp Name: CoOp Pricing: By: Submitted on: Contract Abstract Form Rev 8.16.23 Authorized Signers: Name, Email (Corporations require 2 signatures) Palm Springs Downtown Park Spray Ground California Waters Development Inc, dba California Waters Mark Pitman mpitman@californiawaters.com Renovation of existing spray ground system at Palm Springs Downtown Park $520,514.75 90 working days from NTP Yes Mark Pitman - mpitman@californiawaters.com Public Works David McAbee/8170 06/25/2025, 1Q 25B168 N/A Yes Yes Yes Procurement N/A No IFB 25-05 N/A N/A N/A 6/26/2025 Anil Cholakkara Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 55575.18100\42920836.2 Revised 10.5.21 1 SHORT FORM CONSTRUCTION CONTRACT CONSTRUCTION CONTRACT 25B168 PALM SPRINGS DOWNTOWN PARK SPRAY GROUND 1. PARTIES AND DATE. This Contract is made and entered into this 25th day of June, 2025 (“Effective Date”) by and between the City of Palm Springs, a California charter city and municipal corporation (“City”) and California Waters Development Inc, dba California Waters, a California Corporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract. 1. RECITALS. 1.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose. 1.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing renovation of the existing spray ground system and related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: C53, C36, C10. 1.3 Project. City desires to engage Contractor to render such services for the renovation of the existing spray ground system within the Downtown Park (“Project”) as set forth in this Contract. 1.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, performance bond, payment bond and insurance documents as required by the Contract. 2.TERMS 2.1 Compensation and Payment. 2.1.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Five Hundred Twenty Thousand Five Hundred and Fourteen Dollars and Seventy-Five Cents ($520,514.75) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City. 2.1.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 55575.18100\42920836.2 Revised 8.9.23 Page 2 of 44 commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments. 2.1.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others. 2.1.4 Contract Retentions. If this Contract is greater than Five Thousand dollars ($5,000), from each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107. 2.1.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4)stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums. 2.1.6 Substitutions for Contract Retentions. Pursuant to California Public Contract Code section 22300, Contractor may substitute securities for any money withheld by the City to ensure the performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, with the State or a federally chartered bank as the escrow agent, who shall return such securities to Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the City, which provides that no portion of the securities shall be paid to Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City shall certify that the Contract has been satisfactorily completed within sixty (60) days of work "completion" as defined in Section 7107(c) of the California Public Contract Code. Securities eligible for investment under this section shall be limited to those listed in Section 16430 of the Government Code, bank or savings & loan certificates of deposit, interest-bearing demand deposit accounts, stand-by letters of credit, or any other security mutually agreed to by Contractor. Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 55575.18100\42920836.2 Revised 8.9.23 Page 3 of 44 2.1.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract. 2.1.8 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items. 2.1.9 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City. 2.2 Period of Performance and Liquidated Damages. 2.2.1 Contractor shall perform and complete all Work under this Contract within 90 working days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Dollars Five Hundred ($ 500) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract. 2.2.2 If Contractor is delayed in the performance or progress of the Work by a Force Majeure Event (as defined herein), then the Contractor shall be entitled to a time extension, as provided herein, when the Work stopped is on the critical path and shall not be charged liquidated damages. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays and the Contractor will not receive an adjustment to the Total Contract Price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the Contract. 2.2.3 A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 55575.18100\42920836.2 Revised 8.9.23 Page 4 of 44 strikes and other organized labor action are beyond the control of Contractor and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. 2.3 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto: •Services/Schedule (Exhibit “A”) •Plans and Specifications (Exhibit “B”) •Special Conditions (Exhibit “C”) •Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) •Public Works Contractor Registration Certification (Exhibit “E”) •Payment and Performance Bonds (Exhibit “F”) •Executive Order N-6-22 Certification (Exhibit “G”) •Fleet Compliance Certification (Exhibit “H”) •Addenda •Change Orders executed by the City •Notice Inviting Bids, if any •Instructions to Bidders, if any •Contractor’s Bid To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor. 2.4 Contractor’s Basic Obligation; Scope of Work. 2.4.1 Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference. 2.4.2 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 55575.18100\42920836.2 Revised 8.9.23 Page 5 of 44 the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis. 2.4.3 Change Orders. Changes to the Contract Time (as defined in Section 3.3) or Total Contract Price shall be in the form of a written Change Order, either signed by both parties or issued unilaterally by the City. No adjustment shall be made to the Contract Time unless the delay impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. Failure to timely request a Change Order shall constitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by the City for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price shall be adjusted to account for costs actually incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount of profit, mark- ups, field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such work. Regardless of ownership, equipment rates shall not exceed the listed prevailing rates at local equipment rental agencies, or distributors, at the time the work is performed. Nothing herein shall prevent the Parties from agreeing to a lump sum cost. 2.4.4 Changes Ordered By City. City may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contract Time, Contractor shall request a Change Order within seven (7) days of receiving the Work Directive. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined. 2.4.5 Changes Requested By Contractor. With respect to any matter that may involve or require an adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and circumstances that gave rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor’s right to a change order. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined. 2.5 Substitutions/”Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 55575.18100\42920836.2 Revised 8.9.23 Page 6 of 44 thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor. The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution. Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400. 2.6 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work. 2.7 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 55575.18100\42920836.2 Revised 8.9.23 Page 7 of 44 2.8 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below-referenced compensation in accordance with compensation provisions set forth in the Contract. 2.9 Labor. 2.9.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Work is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates. 2.9.2 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law. 2.9.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8)hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker. 2.9.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 55575.18100\42920836.2 Revised 8.9.23 Page 8 of 44 respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on a weekly basis and in the format prescribed by the DIR, which may include electronic submission. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 2.9.5 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the DIR. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. 2.9.6 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the DIR. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the DIR against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Contractor or any subcontractor. 2.10 Performance of Work; Jobsite Obligations. 2.10.1 Water Quality Management and Compliance. 2.10.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 55575.18100\42920836.2 Revised 8.9.23 Page 9 of 44 2.10.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site. 2.10.1.3 Other Water Quality Rules Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs. 2.10.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom. 2.10.1.5 Liability for Non-Compliance. Failure to comply with laws, regulations, standards, ordinances, and permits listed in Sections 3.10.1.1, 3.10.1.2, 3.10.1.3, and 3.10.1.4 of the Contract is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit. 2.10.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity. 2.10.1.7 Training. In addition to the standard of performance requirements set forth in this Contract, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.10.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.10.1 as they may relate to the Work provided under this Contract. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph. Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 55575.18100\42920836.2 Revised 8.9.23 Page 10 of 44 2.10.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site. 2.10.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 2.10.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project. 2.10.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. 2.10.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 55575.18100\42920836.2 Revised 8.9.23 Page 11 of 44 extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute. 2.10.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities. 2.10.8 Air Quality. Contractor shall fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the air pollution control district or air quality management district with jurisdiction (Air District) and/or California Air Resources Board (CARB). Although the Air District and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by Air District and CARB to include any item of equipment with a fuel-powered engine. The California Air Resources Board (“CARB”) implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf. Contractors and Subcontractors are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. Contractors must provide, with their Bid, copies of Bidder’s and all listed subcontractors the most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein in “Exhibit H” may render the Bid non-responsive. Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”). Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and any subcontractors’ fleet including, without limitation, all Certificates of Reported Compliance, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the District. Contractor shall indemnify District against any fines or penalties imposed by Air District, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 55575.18100\42920836.2 Revised 8.9.23 Page 12 of 44 2.10.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling. 2.10.10 Inspection Of Site. Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work. Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipment, and to determine the Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money– will be allowed as to such matters. 2.10.11 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any work or altering the condition. 2.11 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code. 2.12 Claims; Government Code Claim Compliance. 2.12.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes. 2.12.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. 2.12.3 Filing Claims. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 55575.18100\42920836.2 Revised 8.9.23 Page 13 of 44 request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. 2.12.4 Supporting Documentation. The Contractor shall submit all claims in the following format: 2.12.4.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made 2.12.4.2 List of documents relating to claim: A.Specifications B.Drawings C.Clarifications (Requests for Information) D.Schedules E.Other 2.12.4.3 Chronology of events and correspondence 2.12.4.4 Analysis of claim merit 2.12.4.5 Analysis of claim cost, including calculations and supporting documents 2.12.4.6 Time impact analysis in CPM format 2.12.4.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions. 2.12.4.8 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions. 2.12.5 City’s Response. Upon receipt of a Claim pursuant to this Section, City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days of receipt of the Claim, or as extended by mutual agreement, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the City issues its written statement. 2.12.5.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 55575.18100\42920836.2 Revised 8.9.23 Page 14 of 44 time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, City shall have up to three (3) days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. 2.12.5.2 Within 30 days of receipt of a Claim, City may request in writing additional documentation supporting the Claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. City’s written response to the Claim, shall be submitted to the Contractor within 30 Days (if the Claim is less than $50,000, within 15 Days) after receipt of the additional documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater. 2.12.6 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, within 15 Days of receipt of City’s response or the City’s failure to respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 Days for settlement of the dispute. 2.12.7 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 Days after City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the Parties agree to select a mediator at a later time. 2.12.7.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. 2.12.7.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. 2.12.7.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. 2.12.7.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed. 2.12.8 Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 55575.18100\42920836.2 Revised 8.9.23 Page 15 of 44 Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference or mediation. 2.12.9 Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less: 2.12.9.1 Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both Parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures. The mediation process shall provide for the selection within 15 Days by both Parties of a disinterested third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. 2.12.9.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. 2.12.9.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party. 2.12.10 Government Code Claim Procedures. 2.12.10.1 This section does not apply to tort claims and nothing in this section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code. 2.12.10.2 In addition to any and all Contract requirements pertaining to notices of and requests for adjustments to the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. 2.12.10.3 Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor may not file any action against the City. Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 55575.18100\42920836.2 Revised 8.9.23 Page 16 of 44 2.12.10.4 A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to the Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted. 2.12.11 Non-Waiver. City’s failure to respond to a Claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the Claim being deemed rejected in its entirety and shall not constitute a waiver of any rights under this section. 2.13 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to the termination provisions in this Contract; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice. 2.14 Indemnification. 2.14.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all consequential damages, expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. 2.14.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Contract, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers. Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 55575.18100\42920836.2 Revised 8.9.23 Page 17 of 44 2.15 Insurance. 2.15.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause. 2.15.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract 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 Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage: 2.15.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; and (4) Builders’/All Risk: Builders’/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City). Policies shall not contain exclusions contrary to this Contract. 2.15.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 general aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease; and (4) Builders’/All Risk: Completed value of the project. Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract. 2.15.2.3 Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Contract. Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 55575.18100\42920836.2 Revised 8.9.23 Page 18 of 44 2.15.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies: 2.15.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it. 2.15.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way. 2.15.3.3 Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor. 2.15.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and volunteers. 2.15.4 Builders’/All Risk Policy Requirements. The builders’/all risk insurance shall provide that the City be named as loss payee. In addition, the insurer shall waive all rights of subrogation against the City. 2.15.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and volunteers. Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 55575.18100\42920836.2 Revised 8.9.23 Page 19 of 44 2.15.6 Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence. This insurance shall name the City, its directors, officials, officers, employees, agents and volunteers as additional and insureds with respect to Work performed, and shall otherwise comply with all requirements of this Section. Defense costs shall be paid in addition to the limits. 2.15.7 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 2.15.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated. 2.15.9 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 2.15.10 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing. 2.15.11 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract. 2.16 Bond Requirements. 2.16.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City. Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 55575.18100\42920836.2 Revised 8.9.23 Page 20 of 44 2.16.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City. 2.16.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause. 2.16.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 2.17 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 55575.18100\42920836.2 Revised 8.9.23 Page 21 of 44 damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 2.18 Employee/Labor Certifications. 2.18.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract. 2.18.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 2.18.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same. 2.19 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 55575.18100\42920836.2 Revised 8.9.23 Page 22 of 44 2.20 City Officers and Employees: Non-Discrimination. 2.20.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Contract. 2.20.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Contract nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Contract and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Contract. 2.20.3 Covenant Against Discrimination. In connection with its performance under this Contract, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Contract, and in executing this Contract, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. 2.21 General Provisions. 2.21.1 City’s Representative. The City hereby designates David McAbee, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 2.21.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 55575.18100\42920836.2 Revised 8.9.23 Page 23 of 44 Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval. 2.21.3 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor. 2.21.4 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties. 2.21.5 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: To City: City of Palm Springs Attention: City Manager/ City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Contractor: California Waters Development Inc, dba California Waters 23311 E La Palma Avenue Yorba Linda, CA 92887 Attn. Leanne Harvey - Director, Business Development Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 2.21.6 Time of Essence. Time is of the essence in the performance of this Contract. 2.21.7 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee. 2.21.8 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 55575.18100\42920836.2 Revised 8.9.23 Page 24 of 44 2.21.9 Laws; Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of Riverside, State of California. 2.21.10 Attorneys’ Fees. If either Party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all other costs of such action. 2.21.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original. 2.21.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract. 2.21.13 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability. 2.21.14 Certification of License. 2.21.14.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature. 2.21.14.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826. 2.21.15 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party. 2.21.16 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties. 2.21.17 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing. Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 55575.18100\42920836.2 Revised 8.9.23 Page 25 of 44 2.21.18 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects. 2.22 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6- 22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Attachment “G” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section. [Signatures on Next Page] Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 55575.18100\42920836.2 Revised 8.9.23 Page 26 of 44 SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND CALIFORNIA WATERS DEVELOPMENT INC DBA, CALIFORNIA WATERS IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONTRACTOR: By: ____________________________ By: ________________________________ Signature Signature (2nd signature required for Corporations) Date: ATTEST: Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: 6/26/2025 Item No. 1Q APPROVED AS TO FORM: By: ___________________________ By: _______________________________ City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager – up to $150,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 7/7/2025 7/9/2025 55575.18100\42920836.2 Revised 8.9.23 Page 27 of 44 EXHIBIT “A” SERVICES / SCHEDULE Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 55575.18100\42920836.2 Revised 8.9.23 Page 28 of 44 Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 55575.18100\42920836.2 Revised 8.9.23 Page 29 of 44 Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 55575.18100\42920836.2 Revised 8.9.23 Page 30 of 44 Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 55575.18100\42920836.2 Revised 8.9.23 Page 31 of 44 Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 55575.18100\42920836.2 Revised 8.9.23 Page 32 of 44 EXHIBIT “B” PLANS AND SPECIFICATIONS ATTACHED Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 5%+2' +3'+3' +2' +2' +2' +2.5' -2.5' 462.90 462.42 463.47 463.02 462.20 460.85 462.50 4.8%1.5%1.5%461.33 4.8%461.81 461.002.0%462.27 2.5%463.00 1.5%462.20 463.401.0%460.35 460.25 3.2%462.50 462.10 461.73 461.60 2.0%461.75 463.00 463.00 2.0%2.0%463.20 2.0% 461.49 4.8%2.0%461.75 461.732.0%462.00 1.0% 463.00 476.50 T.O.W. 467.00 T.O.W. -2.5" +2' +1' +2' +2' +3'+3' 461.75 479.00 T.O.W. ALIGN WITH TOP OF BUIDLING 462.50 +1' +1' +1' +1'+1' +2' +1' +2' +1'+3' 476.50 T.O.W. 469.00 T.O.W. 470.00 T.O.W. 471.00 T.O.W. 475.00 T.O.W. 474.00 TOP OF FENCE ELEV, TYP. 474.00 T.O.W. 475.5 T.O.W. 467 4684674664 6 3 468 471 4 6 2 464466.5 469 470 3:1 MIN 2%3:1 465468 467 466 465 472 MIN 2% MAX 4. 9 %3:1 XXX X X APP.DATEBYDATENOJOBSCALEREVISIONSTITLEDESIGNEDDRAWNCHECKEDDATEJOB NO.SHEET SAS, JCSOS2025-02-19SOS24110JOB NUMBER: 24110DOWNTOWN PARKSPRAY GROUND sia AQUATIC STUDIO INC.318 W. KATELLA AVENUE, STE AORANGE, CA 92867(949)229-03501/16" = 1'-0"SHEETTITLEWF1.00 1.CALIFORNIA CODE- POOLS AND DECK TO BE BUILT IN ACCORDANCE WITH THE FOLLOWING REQUIREMENTS: a.CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 116025-116068 AND 1797.182 b.CALIFORNIA CODE OF REGULATION SECTIONS 65501-65551 c.CALIFORNIA BUILDING CODE LATEST EDITION CHAPTER 31B, SECTION 3101-3141 d.LOCAL COUNTY HEALTH DEPARTMENT'S REQUIREMENTS e.ANSI/APSP (FORMERLY NSP1)-1 AMERICAN NATIONAL STANDARD FOR PUBLIC SWIMMING POOLS f.CALIFORNIA CODE OF REGULATIONS TITLE 22, CHAPTER 20 g.CALIFORNIA ELECTRICAL CODE ARTICLE 680 h.CALIFORNIA CONFERENCE OF DIRECTORS OF ENVIRONMENTAL HEALTH GUIDELINES 2.PIPING: a.PIPING IS SHOWN SCHEMATICALLY. HOWEVER, THE PIPE LAYOUT HAS BEEN COORDINATED WITH THE OWNER AND DESIGN TEAM AND IS DEEMED THE BEST LOCATION WHERE PIPES NEED TO BE INSTALLED. CONTRACTOR TO PROVIDE ALTERNATIVE LAYOUT FOR APPROVAL BY ENGINEER IF A DIFFERENT LAYOUT IS REQUIRED. INSTALL IN ACCORDANCE WITH APPLICABLE CODES & REGULATIONS, GOOD PRACTICE, & MANUFACTURER'S RECOMMENDATIONS. MINIMIZE PIPE RUNS, BENDS, & ELBOWS. b.PROVIDE THRUST BLOCK ON PIPE BENDS AS REQUIRED. THRUST BLOCKS ARE REQUIRED FOR PIPES WITH PUSH ON JOINTS. SCHEDULE 40 OR SCHEDULE 80 PVC PIPES THAT ARE SOLVENT WELDED DO NOT REQUIRE THRUST BLOCKS. c.PAINT ALL EXPOSED ABS AND PVC WITH A WATER BASE SYNTHETIC LUCITE PAINT UNLESS PIPING IS LABELED UV RESISTANT. d.USE SOLVENT WELDED ANTI-LEAK FLANGES OR WATER STOP ON ALL PVC PIPE THROUGH CONCRETE POOL SHELL. EMBED FLANGE IN CENTER OF WALL. 3.PUMP STATION: a.MOUNT CHLORINE AND ACID FEED PUMPS ON WALL SHELVES. TUBING ATTACHED TO THE FEED PUMPS TO BE PER MANUFACTURER'S RECOMMENDATIONS. b.PROVIDE INFLUENT AND EFFLUENT PRESSURE GAUGES FOR EACH FILTER. PROVIDE VACUUM GAUGES BEFORE (ON SUCTION SIDE) AND PRESSURE GAUGES AFTER (DISCHARGE SIDE) OF EACH PUMP. c.FLOW METER TO BE INSTALLED IN ACCORDANCE WITH THE MANUFACTURER'S RECOMMENDATIONS FOR CLEARANCES TO FITTINGS OR OBSTRUCTIONS. THE CODE REQUIED FLOW METERS TO BE INSTALLED AT A LOCATION THAT IS READILY ACCESSIBLE. ADDITIONALLY, FLOW METERS TO BE INSTALLED AT EACH FILTER TO DETERMINE FLOW DURING NORMAL AND BACKWASH OPERATION. d.VALVES IN THE EQUIPMENT ROOM SHALL BE IDENTIFIED WITH APPROPRIATE MARKINGS, HAVE NUMBERED TAGS, AND DIAGRAM INDICATING VALVE POSITION DURING FILTRATION AND BACKWASH, AFFIXED DIRECTLY TO OR NEAR THE VALVE. e.MARK ALL PIPES IN EQUIPMENT ROOM AS TO DIRECTION OF FLOW AND FUNCTION. f.PROVIDE HOT WATER LIMITING CONTROLS TO PREVENT SCALDING OF BATHERS IN SPA. MAXIMUM WATER TEMPERATURE IS 104 DEGREES FAHRENHEIT. g.INDOOR PIPES SHALL BE PVC SCH 80 AND OUTDOOR PIPE SHALL BE PVC SCH 40 WITH SOLVENT WELDED FITTINGS EXCEPT THAT THEY SHALL BE CPVC OR TYPE "L" COPPER WITH SWEAT FITTINGS WITHIN 10'-0" FROM THE HEATER OR HEAT EXCHANGER. 4.ELECTRICAL: a.ELECTRICAL CONTRACTOR TO VERIFY ELECTRICAL VOLTAGE AND PHASE PROVIDED PER THE ELECTRICAL CONSULTANT TO THE POOL EQUIPMENT LOCATION PRIOR TO ORDERING POOL EQUIPMENT. b.ELECTRICAL CONTRACTOR TO PROVIDE GROUNDING, GROUND FAULT CIRCUIT INTERRUPTERS, AND LEAKAGE CURRENT COLLECTORS AND MOTOR STARTERS AS REQUIRED TO ALL LIGHTS, ELECTRICAL OUTLETS, AND POOL EQUIPMENT IN ACCORDANCE WITH THE LOCAL ELECTRICAL CODE AND IN COMPLIANCE WITH NEC 680. c.NON-METALLIC ELECTRICAL CONDUIT SHALL BE 18" BELOW FINISH GRADE (PVC) AND 6" WHEN BELOW CONCRETE AND BONDED PER NEC 680 (SEE TABLE 300.5 FOR MORE INFORMATION) d.ALL EXPOSED METALS MEASURING OVER 4” IN DIMENSION WITHIN 5' HORIZONTALLY AND 12' ABOVE THE POOL/SPA SHALL BE BONDED TOGETHER. e.UNDERWATER LIGHTING FIXTURES SHALL BE PER NEC 680-20. f.POOL AND SPA LIGHTS TO BE GFI PROTECTED. g.ELECTRICAL CONTRACTOR TO INSTALL JUNCTION BOX FOR UNDERWATER LIGHTS IN LANDSCAPE AREA, MINIMUM 8" ABOVE WATER SURFACE ELEVATION. h.A CONVENIENCE OUTLET SHALL BE PROVIDED NO CLOSER THAN 10' AND NO MORE THAN 20' FROM WATER'S EDGE AND SHALL BE GFI PROTECTED (PER NEC 680-6). i.PROVIDE ADEQUATE LIGHTING SO PERSONS WALKING ON DECK CAN IDENTIFY HAZARDS AND ALL UNDERWATER AREAS OF POOL ARE ILLUMINATED WITH NO BLIND SPOTS. SEE DECK LIGHTING PLAN BY OTHERS. j.ELECTRIC POOL WATER HEATERS (IF PRESENT)-ALL ELECTRIC POOL WATER HEATERS SHALL HAVE THE HEATING ELEMENTS SUBDIVIDED INTO LOADS NOT EXCEEDING 48 AMPERES AND PROTECTED AT NOT MORE THAN 60 AMPERES. THE AMPACITY OF THE BRANCH-CIRCUIT CONDUCTORS AND THE RATING OR SETTING OF OVERCURRENT PROTECTIVE DEVICES SHALL NOT BE LESS THAN 125 PERCENT OF THE TOTAL LOAD OF THE NAMEPLATE RATING. (ART. 680-9 NEC) k.UNDERGROUND WIRING LOCATION. UNDERGROUND WIRING SHALL NOT BE PERMITTED UNDER THE POOL OR WITHIN THE AREA EXTENDING 5' HORIZONTALLY FROM THE INSIDE WALL OF THE POOL. (ART. 680-10). REFER TO NEC 680-10 FOR EXCEPTIONS TO THIS CODE. 5.CONTRACTOR TO PROVIDE MANUFACTURER'S INSTALLATION AND OPERATIONAL INSTRUCTIONS FOR ALL VALVES AND POOL EQUIPMENT INSTALLED. 6.ALL EQUIPMENT TO BE COMMISSIONED BY THE MANUFACTURER OR MANUFACTURER'S REPRESENTATIVE AS PART OF THE CONSTRUCTION CONTRACT. SPRAY GROUND CONSTRUCTION NOTES 1.RENOVATION OF THE EXISTING SPRAY GROUND SHALL INCLUDE ALL COMPONENTS FOR A FULLY OPERATIONAL AND CODE COMPLIANT SYSTEM PER THESE PLANS. 2.CONSTRUCTION OF THE SPRAY GROUND SHALL INCLUDE BUT NOT LIMITED TO THE FOLLOWING: a.DEMOLITION b.PUMP REPLACEMENT OR MODIFICATION b.a.SPRAY GROUND DISPLAY PUMP MOTOR CHANGE b.b.SPRAY GROUND FILTER PUMP TO BE REUSED b.c.WATERFALL FILTER PUMP TO BE REPLACED WITH NEW PUMP c.FILTERS c.a.SPRAY GROUND FILTERS TO BE REPLACED c.b.WATERFALL FILTER TO BE REPLACED d.BACKWASH TANK ADDITION e.CHEMICAL FEED PUMPS REPLACED e.a.SPRAY GROUND CHLORINE FEED PUMP e.b.SPRAY GROUND ACID FEED PUMP e.c.WATERFALL CHLORINE FEED PUMP e.d.WATERFALL ACID FEED PUMP e.e.PIPING FOR CHLORINE AND ACID FOR EACH SYSTEM f.REPLACE EXISTING CHEMISTRY CONTROLLER FOR EACH SYSTEM g.RELOCATE AND REPLACE CHEMICAL STORAGE TANKS TO NEW CHEMICAL STORAGE AREA h.RELOCATE WATER SOFTENER TO NEW CHEMICAL STORAGE AREA i.PIPING j.ADD SPRAY GROUND SWITCH TO ACTIVATE SPRAY GROUND FEATURE ON A 15 MINUTE TIMER PER PUSH BUTTON k.REPLACE VENT FAN WITH LARGER UNIT IN EQUIPMENT ROOM l.REMOVE CORROSION OR REPLACE CORRODED PARTS IN THE EQUIPMENT ROOM m.POOL PUMP STATION ELECTRICAL n.PROGRAMMING OF THE PHAROS CONTROLLER TO PROVIDE SIX PROGRAMS INCLUDING COORDINATION WITH THE CITY. o.INSTALLATION OF COMBINATION SHOWER & EYEWASH. p.INSTALLATION OF A PUSH BUTTON INCLUDING CONDUIT, WIRE AND CONTROL PANEL MODIFICATION. q.CONTROL PANEL MODIFICATIONS r.FOG SYSTEM START UP AND COMMISSIONING 3.STARTUP AND COMMISSIONING TO BE PERFORMED BY THE CONTRACTOR AFTER SUBSTANTIAL COMPLETION OF THE PROJECT. 4.MAINTENANCE OF THE POOLS SHALL BE INCLUDED FOR A MINIMUM OF 30 DAYS AFTER TURNOVER OR AS REQUIRED BY THE OWNER. 5.REFER TO THE FOLLOWING PLANS BY OTHERS DURING ORIGINAL CONSTRUCTION: a.EQUIPMENT ROOM BUILDING STRUCTURE b.EQUIPMENT ROOM MECHANICAL, PLUMBING, AND VENTILLATION c.ELECTRICAL PLANS OF THE EQUIPMENT ROOM d.LANDSCAPE ARCHITECTURAL PLANS e.ARCHITECTURAL PLANS f.SIGNAGE PLAN g.ORIGINAL SPRAY GROUND PLANS BY FLUIDITY DESIGN CONSULTANTS SPRAY GROUND RENOVATION SCOPE OF WORK SPRAY GROUND EQUIPMENT ROOM SPRAY GROUND CHEMICAL STORAGE Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 OP EN ESOLC Waterfall Filtration P-1.1 P-1.2 Waterfall Pump P-2.2 Jet Pump LP-ACP-A DP-AP-1.3 Fog SkidXFMR-1UV Panel P-2.1 Filter Pump F-2.1A Filter F-2.1B Filter WQ-1.0 Water Softener Equipment Room Tank F-2.2A Basket Strainer F-1.2 Basket Strainer Up Electrical Panels Platform EyewashWQ-2.2 Acid Tank Sump WQ-2.3 Chlorine Tank UV-2.2 UV Sterilizer F-2.2B Wye Strainer APP.DATEBYDATENOJOBSCALEREVISIONSTITLEDESIGNEDDRAWNCHECKEDDATEJOB NO.SHEET SAS, JCSOS2025-02-19SOS24110JOB NUMBER: 24110DOWNTOWN PARKSPRAY GROUND sia AQUATIC STUDIO INC.318 W. KATELLA AVENUE, STE AORANGE, CA 92867(949)229-03501/2" = 1'-0"EQUIPMENT ROOMDEMOLITIONSPRAY GROUNDWF2.01 1.CONTRACTOR SHALL REVIEW AND CONFIRM WITH THE CITY, ANY AND ALL DEMOLITION NOTES BELOW THAT ARE APPLICABLE PER PROJECT SCOPE. 2.THE DEMOLITION CONTRACTOR SHALL VERIFY ALL PROPERTY LINES, LIMITS OF WORK LINES, AND LOT LINES PRIOR TO COMMENCING ANY DEMOLITION WORK. 3.THE DEMOLITION CONTRACTOR SHALL COORDINATE ALL WORK THROUGH THE CITY AND THE OWNER'S REPRESENTATIVE. CONTRACTOR SHALL NOT WILLFULLY PROCEED WITH DEMOLITION WHEN IT IS OBVIOUS IN THE FIELD THAT UNKNOWN OBSTRUCTIONS OR CONDITIONS EXIST THAT MAY NOT HAVE BEEN KNOW DURING PREPARATION OF THESE PLANS. 4.NO CHANGE IN CONTRACT AMOUNT SHALL BE ALLOWED DUE TO ACTUAL OR CLAIMED DISCREPANCIES BETWEEN EXISTING CONDITIONS, AND THOSE SHOWN ON THE PLAN, INCLUDING QUANTITIES CALLED OUT ON PLAN, UNLESS SUCH DISCREPANCIES ARE BROUGHT TO THE IMMEDIATE ATTENTION OF THE GENERAL CONTRACTOR AND OWNER'S REPRESENTATIVE IN WRITING. 5.ALL EXISTING PLANT MATERIAL NOT SPECIFICALLY CALLED OUT TO BE BOXED-UP, OR PROTECTED IN PLACE SHALL BE REMOVED BY THE DEMOLITION CONTRACTOR INCLUDING A REASONABLE AMOUNT OF THE ROOT BALL WITH EACH TREE, OR SHRUB. ALL PLANT MATERIAL REMOVED SHALL BE DISPOSED OF LEGALLY OFF-SITE. 6.THE CONTRACTOR SHALL DISPOSE OF ALL MATERIALS AS NOTED HERE OFF-SITE IN A LEGAL MANNER. 7.THE DEMOLITION BASE SHEET WAS PREPARED FROM EXISTING INFORMATION DOCUMENTED IN THE FIELD. THE INFORMATION REPRESENTED ON THIS PLAN IS NOT FROM `AS-BUILT' PLANS, THEREFORE ALL CONDITIONS SHALL BE VERIFIED BY CONTRACTOR. THE CONTRACTOR SHALL CONFIRM ALL CONDITIONS IN THE FIELD AFFECTING THE SATISFACTORY COMPLETION OF ALL DEMOLITION WORK DESCRIBED ON THE PLAN AND REPORT ANY AND ALL DISCREPANCIES TO THE OWNER/LANDSCAPE ARCHITECT IMMEDIATELY. THE OWNER/LANDSCAPE ARCHITECT SHALL PROVIDE RESOLUTION DIRECTION PRIOR TO PROCEEDING W/ ANY FURTHER DEMOLITION WORK. 8.THIS PLAN IS FOR THE PURPOSE OF IDENTIFYING THE PRESERVATION, REMOVAL, DEMOLITION AND OR SALVAGE OF CONSTRUCTION ITEMS ONLY. 9.THE CONTRACTOR SHALL PROTECT-IN-PLACE ALL ADJACENT PROPERTIES AND IMPROVEMENTS. NOTIFY ADJACENT PROPERTY OWNERS A MINIMUM OF TWENTY-FOUR (24) HOURS IN ADVANCE IF ENCROACHMENT ONTO ADJACENT PROPERTY IS NECESSARY. 10.THE CONTRACTOR SHALL BE RESPONSIBLE FOR REPAIR AND REPLACEMENT OF ANY DAMAGE TO PROPERTIES CAUSED BY HIS OPERATIONS. 11.THE CONTRACTOR SHALL PERFORM ALL CLEARING AND GRUBBING WORK NECESSARY TO ALLOW FOR ALL NEW CONSTRUCTION. 12.THE DEMOLITION CONTRACTOR SHALL BE RESPONSIBLE FOR MAKING HIMSELF FAMILIAR WITH ALL UNDERGROUND UTILITIES, PIPES AND STRUCTURES. CONTRACTOR SHALL TAKE SOLE RESPONSIBILITY FOR COST INCURRED, DUE TO DAMAGE AND REPLACEMENT OF SAID UTILITIES. 13.THE CONTRACTOR SHALL CONFIRM AND PROTECT ALL EXISTING UTILITY SERVICES & METERS IN PLACE 14.THE CONTRACTOR SHALL CONTACT DIG ALERT PRIOR TO ANY DEMOLITION OR CONSTRUCTION FOR VERIFICATION OF UNDERGROUND UTILITIES. DEMOLITION NOTES ITEM DESCRIPTION DEMOLITION LEGEND SYMBOLTAG FAN CHLORINE STORAGE TANKS SPRAY GROUND CARTRIDGE FILTERS WATERFALL FILTRATION SYSTEM INCLUDING PUMP, CARTRIDGE FILTER, OZONE/UV, CHEMISTRY CONTROLLER, PIPING, ETC. THE CONCRETE PAD DIMENSION IS 36" X 42" X 3" HIGH. A B C D TO BE REMOVED SPRAY GROUND CHEMISTRY CONTROLLERE ITEM DESCRIPTION PROTECT IN PLACE LEGEND SYMBOLTAG REUSE AND RELOCATE EXISTING UV UNIT1 REUSE AND RELOCATE 8" WYE STRAINER2 UV PANEL3 TO REMAIN PLATFORM TO ACCESS SURGE TANK4 TRANSFORMER5 LIGHTING PANEL6 ELECTRICAL PANEL7 WATERFALL DISPLAY PUMP8 SUMP PUMP9 1 2 3 4 6 5 7 8 9 POTABLE WATER MAKEUP WATER AUTOMATIC FILL SYSTEM AND FOG SYSTEM PIPING10 SPRAY GROUND DISPLAY PUMP - REMOVE AND REPLACE MOTOR ONLY11 11 A A BB EYE WASH STATION - RELOCATE TO NEW CHEMICAL STORAGE AREA12 12 C D 10 WATER SOFTENER - RELOCATE TO NEW CHEMICAL STORAGE AREA13 13 E FOG SYSTEM14 14 TAG RENOVATE LEGEND SYMBOL ITEM DESCRIPTION THE ITEMS BELOW ARE EXISTING AND SHALL BE PROTECTED IN PLACE YET REQUIRE SPECIFIC RENOVATION WORK. REFER TO MATERIALS SCHEDULE FOR ADDITIONAL INFORMATION. RENOVATE ALL RUSTED EQUIPMENT. CONTRACTOR TO REMOVE AND REPLACE OR REFURBISH RUSTED EQUIPMENT IN THE PUMP STATION. CONTRACTOR TO VISIT SITE PRIOR TO BID.I TO RENOVATE 1 Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 OP EN ESOLC P-1.2 Waterfall Pump P-2.2 Jet Pump LP-ACP-A DP-AP-1.3 Fog SkidXFMR-1UV Panel P-2.1 Filter Pump Equipment Room Tank F-2.2A Basket Strainer F-1.2 Basket Strainer Up Electrical Panels Platform Sump OP EN ESOLC P-1.2 Waterfall Pump P-2.2 Jet Pump LP-ACP-A DP-AP-1.3 Fog SkidXFMR-1UV Panel P-2.1 Filter Pump Equipment Room Tank F-2.2A Basket Strainer F-1.2 Basket Strainer Up Electrical Panels Platform Sump APP.DATEBYDATENOJOBSCALEREVISIONSTITLEDESIGNEDDRAWNCHECKEDDATEJOB NO.SHEET SAS, JCSOS2025-02-19SOS24110JOB NUMBER: 24110DOWNTOWN PARKSPRAY GROUND sia AQUATIC STUDIO INC.318 W. KATELLA AVENUE, STE AORANGE, CA 92867(949)229-03501/2" = 1'-0"WF3.01 EXISTING SPRAY GROUND DISPLAY PUMP PACO (EXISTING)MODEL 50123 LC (EXISTING) REPLACE EXISTING MOTOR TO 15 HP AND CHANGE PUMP IMPELLER, 612 GPM @ 55' TDH, 11.33" IMPELLER, 15 HP, 84% EFFICIENCY 11 MANUFACTURER / CONTACT QUANTITY NOTESNAMEMODELITEM EQUIPMENT SCHEDULE 5 2 3 4 EXISTING UV UNIT EXISTING EXISTING STARTUP AND COMMISSION BY MANUFACTURER1 EXISTING SPRAY GROUND FILTER PUMP REUSE EXISTING PUMP, 155 GPM @ 60' TDH, 3 HP, 208-230/460VAC, 3 PHASE SPRAY GROUND SAND FILTER (NEW)PENTAIR TR100C 4.91 SF FILTER AREA EACH (9.8SF TOTAL), USE ACTIVATED FILTER MEDIA INSTEAD OF SAND PER "DRYDEN AQUA" 2 WATERFALL FILTER PUMP (NEW)PENTAIR INTELLIFLO 40 GPM @ 60' TDH W/ VFD DRIVE, 208V, 12.4 AMPS, 1Ø, 2590 W, 3 HP, 450 TO 3450 RPM1 WATERFALL SAND FILTER (NEW)PENTAIR TR50C 2.46SF FILTER AREA, USE ACTIVATED FILTER MEDIA PER "DRYDEN AQUA"16 10 7 8 9 SPRAY GROUND CHEMISTRY CONTROLLER (NEW)BECS TECHNOLOGY BECSYS5 STARTUP AND COMMISSION BY MANUFACTURER1 WATERFALL CHEMISTRY CONTROLLER (NEW) VENT FAN (NEW)FANTECH FR160 EXTEND 6" PVC PIPE AND INSTALL NEW VENT FAN, 116W, 120V, 1Ø, 0.99 AMPS1 200 GALLON DOUBLE WALL BACKWASH TANK (NEW)CHEM-TAINER TC4152DC PROVIDE NECESSARY CONNECTIONS FOR VALVED DISCHARGE TO SUMP1 11 EXISTING WYE STRAINER REUSE EXISTING STRAINER 12 8" WAFER STYLE BUTTERFLY VALVE W/ ACTUATOR (NEW)PENTAIR FIGURE AR1 INTERLOCK VALVES (VALVE B TO BE NORMALLY OPEN AND VALVE A TO BE NORMALLY CLOSED) - PUSH BUTTON CHANGES VALVE POSITION 2 PENTAIR (EXISTING)PENTAIR (EXISTING)1 EXISTING EXISTING 1 BECS TECHNOLOGY BECSYS5 STARTUP AND COMMISSION BY MANUFACTURER1 1.ALL EQUIPMENT SPECIFIED SHALL MEET THE APPLICATION FOR WHICH IT IS BEING UTILIZED PER MANUFACTURER'S RECOMMENDATIONS. 2.REFER TO FLOW SCHEMATICS FOR THE REQUIRED EQUIPMENT AND PLACEMENT RELATIVE TO ALL OTHER COMPONENTS. CONTRACTOR IS RESPONSIBLE FOR PROVIDING ALL COMPONENTS FOR A FULLY FUNCTIONING SYSTEM SHOWN ON THOSE SHEETS. NOT ALL COMPONENTS MAY BE SHOWN ON THE SCHEMATIC. 3.PUMPS, FILTERS, HEATERS, AND ALL EQUIPMENT ON THE FLOOR OF THE PUMP STATION SHALL BE LOCATED ON HOUSEKEEPING PADS AT A MINIMUM OF 4" ABOVE THE FINISHED FLOOR LEVEL. 4.EPOXY COAT REQUIRED FOR ALL WET SURFACES ON ALL PUMPS. 5.CONTRACTOR TO VERIFY ALL EQUIPMENT DIMENSIONS PRIOR TO PURCHASE AND INSTALLATION OF EQUIPMENT. 6.CONTRACTOR TO INSTALL PUMP BASE, GUIDE RAILS, AND BRACKETS PER MANUFACTURER'S REQUIREMENTS AS OCCURS. 7.CONTRACTOR SHALL SUBMIT SHOP DRAWINGS FOR REVIEW FOR EACH CONTRACTOR SUPPLIED EQUIPMENT ITEM PRIOR TO INSTALLATION. 8.INSTALLATION DETAILS FOR ALL EQUIPMENT ITEMS SHALL BE PER RESPECTIVE EQUIPMENT MANUFACTURER'S SHOP DRAWINGS AND RECOMMENDED INSTALLATION REQUIREMENTS. 9.ALL EQUIPMENT INCLUDING VALVES SHALL BE IDENTIFIED BY CORROSION RESISTANT PERMANENT TAGS THAT CORRESPOND TO THE DESIGNATION ON THE AS-BUILT DRAWINGS AND DOCUMENTATION. 10.SERVICE FLANGES, VALVES, OR UNIONS SHALL BE PROVIDED FOR ALL COMPONENTS OF THE SYSTEM (I.E., PUMPS, FILTERS, UV EQUIPMENT, HEAT EXCHANGERS, SOLENOID VALVES, ETC.) THAT REQUIRES MAINTENANCE OR REPLACEMENT TO ALLOW FOR QUICK REMOVAL FROM SYSTEM WITHOUT THE NEED TO CUT OR BREAK PIPING. 11.ALL VALVES SHALL BE ROTATED/ORIENTED PER MANUFACTURE'S RECOMMENDATIONS. 12.ADD CHECK VALVES ON ALL BACKWASH PIPING FOR EACH SYSTEM. 13.ALL ANCHORING SYSTEMS SHALL BE 316 S.S. REGARDLESS OF LOCATION UNLESS NOTED OTHERWISE. 14.WATERPROOF BACKWASH SUMP AS OCCURS. 15.FIRE RATED PIPE PENETRATIONS & WALL DETAILS PER ARCHITECT PLANS. 16.THE PUMP STATION PRECAST CONCRETE VAULT SHOP DRAWINGS AND STRUCTURAL CALCULATIONS SHALL BE SUBMITTED BY THE CONTRACTOR FOR REVIEW AND APPROVAL. 17.CONTRACTOR TO PROVIDE FLASHING/SEALS FOR ALL BUILDING/STRUCTURE WALL PENETRATIONS. PUMP STATION CONSTRUCTION NOTES 1.CONTRACTOR TO PROVIDE PIPE SUPPORTS PER EQUIPMENT MANUFACTURER'S REQUIREMENTS AND SPECIFICATIONS AND PER THE PROJECT SPECIFICATIONS. 2.ALL D.I.P. SHALL BE CLASS 350 UNLESS NOTED OTHERWISE. 3.ALL UNDERGROUND MECHANICAL JOINT FITTINGS SHALL BE SUPPLIED WITH RESTRAINING BOLTS (RJ FITTINGS). 4.ALL BURIED PVC PIPE GREATER THAN 6"∅ SHOWN ON PLANS SHALL BE C900 UNLESS NOTED OTHERWISE. ALL BURIED PVC PIPE 4"∅ OR LESS SHALL BE SCH 40 PVC. 5.ALL PVC PIPE ABOVE GRADE SHALL BE SCH 80 PVC FOR ALL SIZES. 6.ALL STAINLESS-STEEL PIPE SHOWN ON PLANS SHALL BE MINIMUM TYPE 304L SCH 10 UNLESS NOTED OTHERWISE. 7.REFER TO MEP OR CIVIL ENGINEER PLANS FOR PIPE CONNECTIONS NOT SHOWN ON THESE PLANS. 8.ALL PIPING SHALL BE LABELED FOR FUNCTION (I.E., FILTER DISCHARGE, SKIMMER SUCTION, ETC.) AND FOR FLOW DIRECTION. 9.CONTRACTOR SHALL PROVIDE AIR RELIEF VALVES FOR ALL PIPING HIGH POINTS WITHIN THE PUMP STATION. 10.PAINT ALL PVC PIPE W/ COMPATIBLE PAINT. PUMP STATION PIPING NOTES 3 4 4 5 6 7 8 10 PUMP STATION - PLAN Scale: 1/2" = 1'-0"EQUIPMENT ROOMSPRAY GROUNDPLAN1 BACKWASH PIPING AT CELING (TYP) CONNECT TO EXISTING 2" SUCTION CONNECT TO EXISTING 6" DISCHARGE 2 1 3 4 5 6 7 8 3 4" LIGHTING CONDUITS (5 TOTAL) 3 1" FOG HOSE CONDUIT (6 TOTAL) 4 6" WATERFALL DISCHARGE 1 3 4" ANEMOMETER CONDUIT 2 CONSTRUCTION NOTES 6" VENTILATION EXHAUST 6 8" JET DISCHARGE HEADER 7 1" WATER SUPPLY FOR DECK HOSE BIB 5 8 6" WATERFALL SUCTION 2" SUMP DISCHARGE 9 4" RAINFALL DIVERSION VALVE 10 3" WATERFALL POOL OVERFLOW 11 8" JET PUMP SUCTION 3" SPRAY GROUND FILTER PUMP SUCTION 12 13 1 9 PIPING AT CEILING SEE CEILING PLAN 9 10 11 TO CHEMICAL STORAGE AREA - PIPING PER WF4.01 (INSTALL BALL VALVES AS SHOWN & PER DETAILS) 12 13 Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 OP EN ESOLC P-1.2 Waterfall Pump P-2.2 Jet Pump LP-ACP-A DP-AP-1.3 Fog SkidXFMR-1UV Panel P-2.1 Filter Pump Equipment Room Tank F-2.2A Basket Strainer F-1.2 Basket Strainer Up Electrical Panels Platform Sump APP.DATEBYDATENOJOBSCALEREVISIONSTITLEDESIGNEDDRAWNCHECKEDDATEJOB NO.SHEET SAS, JCSOS2025-02-19SOS24110JOB NUMBER: 24110DOWNTOWN PARKSPRAY GROUND sia AQUATIC STUDIO INC.318 W. KATELLA AVENUE, STE AORANGE, CA 92867(949)229-03501/2" = 1'-0"WF3.02 EXISTING SPRAY GROUND DISPLAY PUMP PACO (EXISTING)MODEL 50123 LC (EXISTING) REPLACE EXISTING MOTOR TO 15 HP AND CHANGE PUMP IMPELLER, 612 GPM @ 55' TDH, 11.33" IMPELLER, 15 HP, 84% EFFICIENCY 11 MANUFACTURER / CONTACT QUANTITY NOTESNAMEMODELITEM EQUIPMENT SCHEDULE 5 2 3 4 EXISTING UV UNIT EXISTING EXISTING STARTUP AND COMMISSION BY MANUFACTURER1 EXISTING SPRAY GROUND FILTER PUMP REUSE EXISTING PUMP, 155 GPM @ 60' TDH, 3 HP, 208-230/460VAC, 3 PHASE SPRAY GROUND SAND FILTER (NEW)PENTAIR TR100C 4.91 SF FILTER AREA EACH (9.8SF TOTAL), USE ACTIVATED FILTER MEDIA INSTEAD OF SAND PER "DRYDEN AQUA" 2 WATERFALL FILTER PUMP (NEW)PENTAIR INTELLIFLO 40 GPM @ 60' TDH W/ VFD DRIVE, 208V, 12.4 AMPS, 1Ø, 2590 W, 3 HP, 450 TO 3450 RPM1 WATERFALL SAND FILTER (NEW)PENTAIR TR50C 2.46SF FILTER AREA, USE ACTIVATED FILTER MEDIA PER "DRYDEN AQUA"16 10 7 8 9 SPRAY GROUND CHEMISTRY CONTROLLER (NEW)BECS TECHNOLOGY BECSYS5 STARTUP AND COMMISSION BY MANUFACTURER1 WATERFALL CHEMISTRY CONTROLLER (NEW) VENT FAN (NEW)FANTECH FR160 EXTEND 6" PVC PIPE AND INSTALL NEW VENT FAN, 116W, 120V, 1Ø, 0.99 AMPS1 200 GALLON DOUBLE WALL BACKWASH TANK (NEW)CHEM-TAINER TC4152DC PROVIDE NECESSARY CONNECTIONS FOR VALVED DISCHARGE TO SUMP1 11 EXISTING WYE STRAINER REUSE EXISTING STRAINER 12 8" WAFER STYLE BUTTERFLY VALVE W/ ACTUATOR (NEW)PENTAIR FIGURE AR1 INTERLOCK VALVES (VALVE B TO BE NORMALLY OPEN AND VALVE A TO BE NORMALLY CLOSED) - PUSH BUTTON CHANGES VALVE POSITION 2 PENTAIR (EXISTING)PENTAIR (EXISTING)1 EXISTING EXISTING 1 BECS TECHNOLOGY BECSYS5 STARTUP AND COMMISSION BY MANUFACTURER1 PUMP STATION - CEILING PLAN Scale: 1/2" = 1'-0"EQUIPMENT ROOMSPRAY GROUNDCEILING PLAN1 11 12 12 1 VALVE B (N.O.) VALVE A (N.C.) DASHED LINES INDICATE IRRIGATION PIPING AT CEILING LIGHTS AT CEILING (4 TYP) 4'-1"6'-0"2 1 3 4 5 6 7 82'-0"3 4" LIGHTING CONDUITS (5 TOTAL) 3 1" FOG HOSE CONDUIT (6 TOTAL) 4 6" WATERFALL DISCHARGE 1 3 4" ANEMOMETER CONDUIT 2 CONSTRUCTION NOTES 6" VENTILATION EXHAUST 6 8" JET DISCHARGE HEADER 7 1" WATER SUPPLY FOR DECK HOSE BIB 5 8 6" WATERFALL SUCTION 2" SUMP DISCHARGE 9 4" RAINFALL DIVERSION VALVE 10 3" WATERFALL POOL OVERFLOW 11 8" JET PUMP SUCTION 3" SPRAY GROUND FILTER PUMP SUCTION 12 13 9 10 11 12 13 Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 TankTank APP.DATEBYDATENOJOBSCALEREVISIONSTITLEDESIGNEDDRAWNCHECKEDDATEJOB NO.SHEET SAS, JCSOS2025-02-19SOS24110JOB NUMBER: 24110DOWNTOWN PARKSPRAY GROUND sia AQUATIC STUDIO INC.318 W. KATELLA AVENUE, STE AORANGE, CA 92867(949)229-03501/2" = 1'-0"WF3.03 EXISTING SPRAY GROUND DISPLAY PUMP PACO (EXISTING)MODEL 50123 LC (EXISTING) REPLACE EXISTING MOTOR TO 15 HP AND CHANGE PUMP IMPELLER, 612 GPM @ 55' TDH, 11.33" IMPELLER, 15 HP, 84% EFFICIENCY 11 MANUFACTURER / CONTACT QUANTITY NOTESNAMEMODELITEM EQUIPMENT SCHEDULE 5 2 3 4 EXISTING UV UNIT EXISTING EXISTING STARTUP AND COMMISSION BY MANUFACTURER1 EXISTING SPRAY GROUND FILTER PUMP REUSE EXISTING PUMP, 155 GPM @ 60' TDH, 3 HP, 208-230/460VAC, 3 PHASE SPRAY GROUND SAND FILTER (NEW)PENTAIR TR100C 4.91 SF FILTER AREA EACH (9.8SF TOTAL), USE ACTIVATED FILTER MEDIA INSTEAD OF SAND PER "DRYDEN AQUA" 2 WATERFALL FILTER PUMP (NEW)PENTAIR INTELLIFLO 40 GPM @ 60' TDH W/ VFD DRIVE, 208V, 12.4 AMPS, 1Ø, 2590 W, 3 HP, 450 TO 3450 RPM1 WATERFALL SAND FILTER (NEW)PENTAIR TR50C 2.46SF FILTER AREA, USE ACTIVATED FILTER MEDIA PER "DRYDEN AQUA"16 10 7 8 9 SPRAY GROUND CHEMISTRY CONTROLLER (NEW)BECS TECHNOLOGY BECSYS5 STARTUP AND COMMISSION BY MANUFACTURER1 WATERFALL CHEMISTRY CONTROLLER (NEW) VENT FAN (NEW)FANTECH FR160 EXTEND 6" PVC PIPE AND INSTALL NEW VENT FAN, 116W, 120V, 1Ø, 0.99 AMPS1 200 GALLON DOUBLE WALL BACKWASH TANK (NEW)CHEM-TAINER TC4152DC PROVIDE NECESSARY CONNECTIONS FOR VALVED DISCHARGE TO SUMP1 11 EXISTING WYE STRAINER REUSE EXISTING STRAINER 12 8" WAFER STYLE BUTTERFLY VALVE W/ ACTUATOR (NEW)PENTAIR FIGURE AR1 INTERLOCK VALVES (VALVE B TO BE NORMALLY OPEN AND VALVE A TO BE NORMALLY CLOSED) - PUSH BUTTON CHANGES VALVE POSITION 2 PENTAIR (EXISTING)PENTAIR (EXISTING)1 EXISTING EXISTING 1 BECS TECHNOLOGY BECSYS5 STARTUP AND COMMISSION BY MANUFACTURER1 2 4 10 PUMP STATION - SECTION Scale: 1/2" = 1'-0"EQUIPMENT ROOMSPRAY GROUNDSECTION1 2 45 6 7 8 3 3 4" LIGHTING CONDUITS (5 TOTAL) 3 1" FOG HOSE CONDUIT (6 TOTAL) 4 6" WATERFALL DISCHARGE 1 3 4" ANEMOMETER CONDUIT 2 CONSTRUCTION NOTES 6" VENTILATION EXHAUST 6 8" JET DISCHARGE HEADER 7 1" WATER SUPPLY FOR DECK HOSE BIB 5 8 6" WATERFALL SUCTION 2" SUMP DISCHARGE 9 4" RAINFALL DIVERSION VALVE 10 3" WATERFALL POOL OVERFLOW 11 8" JET PUMP SUCTION 3" SPRAY GROUND FILTER PUMP SUCTION 12 131'-0"AIRGAP3'-5"3'-5"Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 5%+2' +2.5' 462.90 462.42 463.47 463.02 462.20 460.85 462.50 4.8% 462.27 2.5%463.00 1.5%462.20 462.50 462.10 461.73 463.002.0%463.20 4.8%2.0%461.75 461.732.0%1.0% 463.00 476.50 T.O.W. 467.00 T.O.W. +2' +2' +3'+3' 479.00 T.O.W. ALIGN WITH TOP OF BUIDLING 462.50 +1' +1'+1' +2' +1' +2' +1'+3' 476.50 T.O.W. 469.00 T.O.W. 470.00 T.O.W. 471.00 T.O.W. 475.00 T.O.W. 474.00 TOP OF FENCE ELEV, TYP. 474.00 T.O.W. 475.5 T.O.W. 467 468467468 471 466.5 469 470 3:1 MIN 2%3:1 468 467 466 465 472 MIN 2%3:1 EEE XXX X X WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWAPP.DATEBYDATENOJOBSCALEREVISIONSTITLEDESIGNEDDRAWNCHECKEDDATEJOB NO.SHEET SAS, JCSOS2025-02-19SOS24110JOB NUMBER: 24110DOWNTOWN PARKSPRAY GROUND sia AQUATIC STUDIO INC.318 W. KATELLA AVENUE, STE AORANGE, CA 92867(949)229-03501/16" = 1'-0"AREA SITECHEMICAL STORAGEWF4.01 CHEMICAL STORAGE AREA - SITE PLAN Scale: 1/16" = 1'-0"PLAN1.THE PIPING PLAN IS DIAGRAMMATIC. ROUTING AND FINAL LAYOUT TO BE FIELD DETERMINED BY CONTRACTOR AND ANY CHANGES TO THE PLANS SHALL BE APPROVED BY THE ENGINEER PRIOR TO CONSTRUCTION. 2.PIPE TYPE, MATERIALS, AND SUPPORTS SHALL CONFORM TO THE PROJECT SPECIFICATIONS. IN ADDITION, PIPE SHALL BE IN CONFORMANCE WITH UBC, UPC, LOCAL AND NATIONAL BUILDING CODE REQUIREMENTS. 3.PARALLEL PIPE RUNS SHALL BE INSTALLED WITHIN COMMON TRENCHES WHENEVER FEASIBLE. 4.ALL PIPING SHALL BE UNIFORMLY AND CONTINUOUSLY SUPPORTED OVER ITS ENTIRE LENGTH AND ROUTE. 5.ALL ELECTRICAL CONDUITS SHALL BE INSTALLED USING SWEEP FITTINGS IN CONFORMANCE WITH LOCAL AND NATIONAL BUILDING CODES. 6.ALL PIPING TO HAVE A POSITIVE SLOPE TO THE EQUIPMENT ROOM FOR DRAINING. 7.PRESSURE TEST ALL PIPING PER PROJECT SPECIFICATIONS. KEEP PIPING UNDER PRESSURE TESTING CONDITIONS DURING TRENCH BACKFILL/COMPACTION AND DURING THE INSTALLATION OF WATER FEATURE CONCRETE BASIN. 8.ALL UNDERGROUND PIPING SHALL BE PVC SCHEDULE 40 UNLESS OTHERWISE DESIGNATED WITHIN THE PLANS AND SPECIFICATIONS. 9.ALL PIPING RUNS SHALL HAVE THRUST BLOCKS AT ALL CHANGE IN DIRECTION AS REQUIRED BY THE UNIFORM PLUMBING CODE. SCHEDULE 40 PIPE WITH SOLVENT WELDED CONNECTIONS DO NOT REQUIRE THRUST BLOCKS. PIPING NOTES EQUIPMENT ROOM CHEMICAL STORAGE AREA 6 2 4 15 PUSH BUTTON LOCATION CONDUIT 6 WF5.01 3 4 3/4"Ø PVC - SPRAY GROUND CHLORINE PIPE 1 2 CONSTRUCTION NOTES 1 1 2"Ø POTABLE WATER FROM PS TO WATER SOFTENING SYSTEM5 3/4"Ø PVC - SPRAY GROUND ACID PIPE 3/4"Ø PVC - WATERFALL CHLORINE PIPE 3/4"Ø PVC - WATERFALL ACID PIPE 6 1 1 2"Ø POTABLE WATER FROM WATER SOFTENER TO PUMP STATION 3 SCALE: 1/2" = 1'-0" ENLARGEMENT 4'-0" Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 XXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWAPP.DATEBYDATENOJOBSCALEREVISIONSTITLEDESIGNEDDRAWNCHECKEDDATEJOB NO.SHEET SAS, JCSOS2025-02-19SOS24110JOB NUMBER: 24110DOWNTOWN PARKSPRAY GROUND sia AQUATIC STUDIO INC.318 W. KATELLA AVENUE, STE AORANGE, CA 92867(949)229-0350AREA PLANCHEMICAL STORAGEWF4.02 CHEMICAL STORAGE AREA - PLAN Scale: 1/2" = 1'-0" 1.ON THE CHEMICAL STORAGE ROOM DOOR, A HAZARDOUS MATERIALS IDENTIFICATION SIGN SHALL BE PLACED INDICATING: CORROSIVE LIQUID 2.ALL LETTERING SHALL BE IN CAPITAL LETTERS ON A CONTRASTING BACKGROUND (I.E., WHITE ON RED, WHITE ON BLACK). LETTERS SHALL NOT BE LESS THAN 2 INCHES IN HEIGHT. 3.SIGNS SHALL BE OF DURABLE CONSTRUCTION AND SUITABLE FOR THE ENVIRONMENT IN WHICH THEY ARE POSTED. CHEMICAL STORAGE AREA SIGNAGE SPRAY GROUND CHLORINE FEEED PUMP STENNER 45MHP10 120V, 1Ø, 1.7 AMPS1C1 MANUFACTURER / CONTACT QUANTITY NOTESNAMEMODELITEM EQUIPMENT SCHEDULE E1 C2 D1 D2 SPRAY GROUND ACID FEED PUMP WATERFALL CHLORINE FEED PUMP WATERFALL ACID FEED PUMP 50 GALLON CHLORINE STORAGE TANK EXISTING EXISTING USE EXISTING EQUIPMENT AND RELOCATE HERE1 50 GALLON ACID STORAGE TANKE2 E3 WATER SOFTENING SYSTEM RESIN TANKS (EXISTING) E5 E4 BOLLARD VESTIL MFG CORP BOL SERIES #BOL-36-4.5 SEE DETAIL 3 SHEET WF5.0311 CHAIN LINK FENCE W/ GATE PER DETAIL PER DETAIL SEE DETAIL 6 SHEET WF5.0460' CHEMICAL SHED VENT FAN DAYTON 1TDN5 115V, 0.30 AMPS, 1Ø, CONNECT TO SWITCH AND PROGRAMMABLE TIMER2E6 E7 OUTDOOR DRUM CABINET GLOBAL INDUSTRIAL #316104 220 GALLON CAPACITY2 STENNER 45MHP10 120V, 1Ø, 1.7 AMPS1 STENNER 45MHP10 120V, 1Ø, 1.7 AMPS1 STENNER 45MHP10 120V, 1Ø, 1.7 AMPS1 EXISTING EXISTING USE EXISTING EQUIPMENT AND RELOCATE HERE1 EXISTING EXISTING RENTAL EQUIPMENT (NO POWER REQUIRED) - DAISY CHAIN TOGETHER PER MFG RECOMMENDATIONS4 E8 COMBINATION SHOWER & EYEWASH HAWS MODEL 8300 SEE DETAIL 3 SHEET WF5.05, 1-1/4" CONNECTION TO POTABLE WATER LINE1 E9 PIPE AT CEILING PER DETAIL PER DETAIL SEE DETAIL 1 SHEET WF5.03PER DETAIL E10 SODIUM HYPOCHLORITE SIGN PER DETAIL PER DETAIL SEE DETAIL 2 SHEET WF5.021 E11 MURIATIC ACID SIGN PER DETAIL PER DETAIL SEE DETAIL 1 SHEET WF5.021 EXIS TI N G F A N 30'-0" D2 C2 E2 EXISTING SEWAGE PIT E3 E3 E3 E3 D1 C1 E113'-7"4'-8"11'-0"E4 E4 E5 E5 E6 E6 E7 E7 1.5"Ø 1.5"Ø CHLO RI N E S H E D ACID S T O R A G E S H E D 3 4 1/2" FLEXIBLE PIPE ENCASED IN 1-1/2" STEEL PIPE PVC - SPRAY GROUND CHLORINE PIPE 1 2 CONSTRUCTION NOTES 1 1 2"Ø POTABLE WATER FROM PS TO WATER SOFTENING SYSTEM5 1/2" FLEXIBLE PIPE ENCASED IN 1-1/2" STEEL PIPE PVC - SPRAY GROUND ACID PIPE 1/2" FLEXIBLE PIPE ENCASED IN 1-1/2" STEEL PIPE PVC - WATERFALL CHLORINE PIPE 1/2" FLEXIBLE PIPE ENCASED IN 1-1/2" STEEL PIPE PVC - WATERFALL ACID PIPE 6 1 1 2"Ø POTABLE WATER FROM WATER SOFTENER TO PUMP STATION 2'-6"5'-0"5'-0"5'-0"5'-0"120'-0"2'-6"1'-912"5'-0"5'-0"1'-912"3'-0"5'-0"3'-0"5 6 2 4 1 3 5 6 2 4 1 3 EXISTING ELECTRICAL PANELS E8 E9 (TYP AS REQUIRED) INSTALL VALVES PER DETAILS HERE (TYP) E10 E11 Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 06 PUSH BUTTON LOCATION (SECTION)APP.DATEBYDATENOJOBSCALEREVISIONSTITLEDESIGNEDDRAWNCHECKEDDATEJOB NO.SHEET SAS, JCSOS2025-02-19SOS24110JOB NUMBER: 24110DOWNTOWN PARKSPRAY GROUND sia AQUATIC STUDIO INC.318 W. KATELLA AVENUE, STE AORANGE, CA 92867(949)229-0350AS SHOWNDETAILSCONSTRUCTIONWF5.01 EXISTING GROUND CONNECT CONDUIT AND WIRE TO CONTROL PANEL CONDUIT PER ELECTRICAL PLAN 3'-6"4'-0"1'-6"SPRAY GROUND PUMP STATION TOW 476.5 TOW 479.0 TOPS 467.0 455 460 465 470 475 480 455 460 465 470 475 480 SCALE: 1/2"=1'-0" FF 463.0 FF 458.33 ADD ALTERNATE #1: HATCHED AREA INDICATE EXCAVATION AND INSTALLATION OF CONDUIT AS SHOWN - CONTRACTOR TO PROVIDE COST AS AN ADD ALTERNATE #1 PARKING GARAGE EXISTING VENT CAP NEW VENT FAN VENT CONNECTION VENT CONNECTION 4 WF5.03 4 WF5.03 PUSH BUTTON J-BOX 4 WF5.02 5 WF5.02 Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 APP.DATEBYDATENOJOBSCALEREVISIONSTITLEDESIGNEDDRAWNCHECKEDDATEJOB NO.SHEET SAS, JCSOS2025-02-19SOS24110JOB NUMBER: 24110DOWNTOWN PARKSPRAY GROUND sia AQUATIC STUDIO INC.318 W. KATELLA AVENUE, STE AORANGE, CA 92867(949)229-0350AS SHOWNDETAILSCONSTRUCTIONWF5.02 01 0204 0305 06 MURIATIC ACID SIGN SODIUM HYPOCHLORITE SIGNSPRAY GROUND PUSH BUTTON CHEMICAL FEED PUMP & PIPINGJUNCTION BOX NOT USED 0 13 3 1 2 4 RED COLOR 1 BLUE COLOR 2 YELLOW COLOR 3 WHITE COLOR 4 1. SIGN SIZE AND COLORS TO BE PER CODE. 2. SIGN TO BE LOCATED OUTSIDE OF WHERE THE CHEMICALS ARE LOCATED. 3. MOUNT SIGN 60 " ABOVE FINISHED GRADE ON THE DOOR OF THE STORAGE ROOM. NOTES SCALE: NTS 0 02 3 1 2 4 RED COLOR 1 BLUE COLOR 2 YELLOW COLOR 3 WHITE COLOR 4 1. SIGN SIZE AND COLORS TO BE PER CODE. 2. SIGN TO BE LOCATED OUTSIDE OF WHERE THE CHEMICALS ARE LOCATED. 3. MOUNT SIGN 60 " ABOVE FINISHED GRADE ON THE DOOR OF THE STORAGE ROOM. NOTES SCALE: NTS TO POOL INLET 1'-0"6"CHEMICAL STORAGE TANK 1 FLEXIBLE PRESSURE RATED POLYETHYLENE TUBING PER CHEMICAL FEED PUMP MANUFACTURER'S RECOMMENDATION 2 CHEMICAL FEED PUMP 3 PIPE TO TUBE ADAPTER 4 ISOLATION VALVE - LOCATE WHERE INDICATED ON THE PLAN5 1/2" SCHEDULE 40 PVC FLEXIBLE PIPE ENCASED IN 1-1/2" STEEL PIPE PER 1/WF5.036 1/2" SCHEDULE 80 PVC PIPE 7 PIPE SUPPORT WHERE REQUIRED 8 RECIRCULATION PIPING 9 CHEMICAL INJECTOR PER MANUFACTURER'S RECOMMENDATION10 POWER OUTLET (INTERLINKED WITH CHEMISTRY CONTROLLER) - OUTLET TO BE INSTALLED NEXT TO CHEMISTRY CONTROLLER IN EQUIPMENT ROOM 11 BALL CHECK VALVE 12 1. LOOP THE FLEXIBLE POLYETHYLENE TUBING AROUND CIRCULATION PIPE AND CONNECT BELOW THE MAIN FILTER RECIRCULATION PIPING. NOTES 1 2 2 4 5 6 8 7 6 4 2 58 10 9 12 3 11 1'-6" SCALE: NTS SPRAY GROUND PUSH BUTTON PER "SQUARE D", MODEL XB4BT845 WITH PLATE COVER SUITABLE FOR OUTDOOR INSTALLATION INCLUDE SINGLE GANG WEATHER PROOF WALL PLATE PER "RACO", MODEL 5175-1. PUSH BUTTON SHUTS ALL SPA EQUIPMENT. THE RESET BUTTON RETURNS THE PUMP TO NORMAL OPERATION. PROVIDE WIRES AS REQURIED. REFER TO ELECTRICAL PLANS. 1 A SIGN WITH LETTERS MATCHING EXISTING SIGN COLOR, HEIGHT, AND MATERIAL INDICATING "SPRAY GROUND SWITCH" SHALL BE POSTED AT THE SWITCH LOCATION 2 1 2 3 FRONTSECTION SCALE: NTS UNDERWATER JUNCTION BOX PER "PEM", MODEL J11 WITH WATERSTOP AND GROUNDING LUG - LOCATION PER PLAN 1 2 3 4 CONDUIT AND WIRE SIZE PER ELECTRICAL PLAN5 CORDSEAL SCALE: 1-1/2"=1'-0" TO PUSH BUTTON TO SPRAY GROUND CONTROL PANEL 1 2 3 4 5 Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 01 0204 0305 06 PIPE AT CEILING CONDUIT CONNECTION TO VENT NOT USED NOT USED APP.DATEBYDATENOJOBSCALEREVISIONSTITLEDESIGNEDDRAWNCHECKEDDATEJOB NO.SHEET SAS, JCSOS2025-02-19SOS24110JOB NUMBER: 24110DOWNTOWN PARKSPRAY GROUND sia AQUATIC STUDIO INC.318 W. KATELLA AVENUE, STE AORANGE, CA 92867(949)229-0350AS SHOWNDETAILSCONSTRUCTIONWF5.03 PIPE SUPPORT BOLLARD SCALE: 1-1/2"=1'-0" 3/8" TO 1/2" 3/4" TO 1 1/4" 1 1/2" TO 3" 3 1/2" TO 5" 6" TO 8" 4'-0" 4'-5" 5'-3/4" 8'-1/4" 10'-0" KB-TZ2 (SS) STRUT SPACING HILTI KB-TZ2 (ICC ESR-4266) DIAMETER 400 600 800 1000 1000 KB-TZ2 (SS) KB-TZ2 (SS) KB-TZ2 (SS) KB-TZ2 (SS) STRUT SPACING PER TABLE 2 1 3/8"Ø 3/8"Ø 1/2"Ø 1/2"Ø 1/2"Ø PVC PIPE SIZE MAX. HANGING LOAD RATING (LBS) EMBED 2" 2" 2" 3-1/4" 3-1/4" 4 3 2 1 3 4 PIPE CLAMP (SIZED TO MATCH PIPE) 3 12 GAGE CHANNEL PER "UNISTRUT" P1000 SERIES (1-5/8" X 1-5/8")4 5 5 EXPANSION ANCHOR PER TABLE 5 CONCRETE WALL (6" MINIMUM THICKNESS) 1 PIPE LAYOUT AND SIZE PER PLAN 2 EXPANSION ANCHOR TABLE SCALE: 1"=1'-0"SCALE: 3"=1'-0" 3 4 PIPE SUPPORT PER DETAIL 2 THIS SHEET 1 2 1'-9" 1 3 4 5 6 7 5 1-1/2" SCHEDULE 10 STEEL PIPE 8 1 2" FLEXIBLE SCH 40 PVC PIPE9 6 7 2 9 8 1-1/2" POTABLE WATER FROM PUMP STATION TO WATER SOFTENING SYSTEM 1-1/2" POTABLE WATER FROM WATER SOFTENING SYSTEM TO PUMP STATION 1 2" FLEXIBLE PVC ENCASED IN 1-1/2" STEEL PIPE - SPRAY GROUND ACID PIPE 1 2" FLEXIBLE PVC ENCASED IN 1-1/2" STEEL PIPE - WATERFALL ACID PIPE 1 2" FLEXIBLE PVC ENCASED IN 1-1/2" STEEL PIPE - SPRAY GROUND CHLORINE PIPE 1 2" FLEXIBLE PVC ENCASED IN 1-1/2" STEEL PIPE - WATERFALL CHLORINE PIPE 3 4.5" BOLLARD PER "VESTIL MFG CORP", BOL SERIES #BOL-36-4.51 2 ANCHOR BOLT KIT PER "VESTIL MFG CORP", BOL-ABK-4, 3 4"X4-1/4" BOLTS, 3 4" BOLT HOLD REQUIRED, 3-1/4" DEPTH OF BOLT HOLE EXISTING CONCRETE FLOOR 3 6" PVC VENT PIPE 1 2 3 4" PVC MALE ADAPTER 3 4"Ø ELECTRICAL CONDUIT PER PLAN 1 2 3 3'-0"41 2" 8"3-1/4"1 2 3 ENLARGEMENTPARKING GARAGE CEILING 10 10 SCALE: 3"=1'-0" Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 06 CHAIN LINK FENCE APP.DATEBYDATENOJOBSCALEREVISIONSTITLEDESIGNEDDRAWNCHECKEDDATEJOB NO.SHEET SAS, JCSOS2025-02-19SOS24110JOB NUMBER: 24110DOWNTOWN PARKSPRAY GROUND sia AQUATIC STUDIO INC.318 W. KATELLA AVENUE, STE AORANGE, CA 92867(949)229-0350AS SHOWNDETAILSCONSTRUCTIONWF5.04 1.BARBED WIRE NOT REQUIRED. 2.FENCE MESH TO BE 1" HIGH. 3.FENCE HEIGHT IS 9'-0" ("H"). NOTES Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 0204 0305 06 NOT USED NOT USED NOT USED APP.DATEBYDATENOJOBSCALEREVISIONSTITLEDESIGNEDDRAWNCHECKEDDATEJOB NO.SHEET SAS, JCSOS2025-02-19SOS24110JOB NUMBER: 24110DOWNTOWN PARKSPRAY GROUND sia AQUATIC STUDIO INC.318 W. KATELLA AVENUE, STE AORANGE, CA 92867(949)229-0350AS SHOWNDETAILSCONSTRUCTIONWF5.05 NOT USED COMBINATION SHOWER & EYEWAY SCALE: NTS Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 APP.DATEBYDATENOJOBSCALEREVISIONSTITLEDESIGNEDDRAWNCHECKEDDATEJOB NO.SHEET SAS, JCSOS2025-02-19SOS24110JOB NUMBER: 24110DOWNTOWN PARKSPRAY GROUND sia AQUATIC STUDIO INC.318 W. KATELLA AVENUE, STE AORANGE, CA 92867(949)229-0350NTSSCHEMATICPIPINGWF6.01 N.C. BYPASS N.O.N.O.WATERLEVELCONTROLLERWL SENSOR WF CONTROL PANEL (CP)CONTROLSREFER TOSCHEMATICN.C. BYPASS N.O.N.O.WATERLEVELCONTROLLERWLSENSORRUN TOHOMECONTROLMP2"2"BACKWASHTOPANELINTEGRAL FILTER PUMP SPRAYGROUND 3"3"WATERFALLTOPIWATERFALL FILTER PUMP 2"RUN TOHOMECONTROLPI 2"PANELINTEGRAL TO PUMP POTABLEWATER2"TANKPIDISPLAY PUMP 6" 6"8" PI 4"TO(17) JETDISCHARGES6"RUN TOHOMECONTROLPANELINTEGRAL TO PUMP MP2"2"BACKWASHTOTANK3"3"2"MP 2"2"PI UPSTREAM DIM PER MFG RECOMMENDATION DOWNSTREAM DIM PER MFG RECOMMENDATION2"1.5" 6" 1.5" 1.5" PIWATERFALL DISPLAY PUMP 6" 5"6" PI 4"WATERFALLFROMTOWATERFALLRUN TOHOMECONTROLPANELINTEGRAL TO PUMP 6"FROMACIDFROMCHLORINESTORAGE2"2"2"6"STORAGEAREAAREA3" PI 3" SPRAYGROUND 3" TUBING (TYP)FROMACIDFROMCHLORINESTORAGE3"STORAGEAREAAREATUBING (TYP) 3" 6"RUN TOHOMECPRUN TOHOMECPV1 V2 INTERLOCK V1 & V2 OPERATING WATER LEVEL SURGE TANK OVERFLOW LINE GRAVITY FROM SPRAYGROUND RUN TOHOMESUMP PANELRUN TOHOMESUMP PANELSANITARY TO SEWER UV STERILIZER REVERSIBLE SCREEN UPSTREAM DIM PER MFG DOWNSTREAM DIM PER MFGTO1.5" STORAGE CHEMICAL 1.5" TO AREA STORAGE CHEMICAL FROM AREA PRV PRV PRV 3/4" 1.5" 1.5"(6) FOGTO3/4"PRV 3/4"WF DECKHOSE BIBBWF DECK3/4"REVERSIBLESCREEN(6) 1"TROUGHS1-1/2" 1-1/2" 1-1/2" 1-1/2" 1.5" WATER FEATURE PUMP STATION FLOW DIRECTION 3 WAY VALVE FLOW METER FLOW TRANSMITTER FLOAT VALVE GATE VALVE GLOBE VALVE BALL VALVE BUTTERFLY VALVE CHECK VLAVE SOLENOID VALVE MOTOR OPERATED VALVE UNION CONNECTION FLANGE CONNECTION PLUG OR CAP SIGHT GLASS PIPE W/ SIZE ELECTRICAL WIRE DIAL THERMOMETER PRESSURE SUSTAINING VALVE THERMOCOUPLE TEMPERATURE CONTROLLER TEMPERATURE SWITCH TEMPERATURE CONTROL VALVE PIPE CONNECTION HOME RUN ELECTRICAL CONNECTION HOME RUN PI FI PRESSURE INDICATOR FLOW INDICATOR PI FI PUMP SUMP PUMP CHEMICAL FEED PUMP SAND FILTER CONTROL PANEL BASKET STRAINER CHEMISTRY CONTROLLER X"Ø BLIND FLANGE CONCENTRIC REDUCER ECCENTRIC REDUCER WYE STRAINER FLOOR DRAIN FLOOR SINK HOSE BIBB W/ VACUUM BREAKER TITI TETE TCTC TSTS TCVTCV ANEMOMETER DESCRIPTIONSYMBOL MECHANICAL SYMBOLS Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 TUBING (TYP) TO PUMP STATION FROM WATERSOFTENERPUMP STATION PUMP STATION TO PUMP STATION TO PUMP STATION TO PUMP STATION TO APP.DATEBYDATENOJOBSCALEREVISIONSTITLEDESIGNEDDRAWNCHECKEDDATEJOB NO.SHEET SAS, JCSOS2025-02-19SOS24110JOB NUMBER: 24110DOWNTOWN PARKSPRAY GROUND sia AQUATIC STUDIO INC.318 W. KATELLA AVENUE, STE AORANGE, CA 92867(949)229-0350NTSSCHEMATICPIPINGWF6.021.5"CHLORINE STORAGE TANK ACID STORAGE TANK1.5"1.5"1.5"1.5"1.5"CHEMICAL STORAGE AREA FLOW DIRECTION 3 WAY VALVE FLOW METER FLOW TRANSMITTER FLOAT VALVE GATE VALVE GLOBE VALVE BALL VALVE BUTTERFLY VALVE CHECK VLAVE SOLENOID VALVE MOTOR OPERATED VALVE UNION CONNECTION FLANGE CONNECTION PLUG OR CAP SIGHT GLASS PIPE W/ SIZE ELECTRICAL WIRE DIAL THERMOMETER PRESSURE SUSTAINING VALVE THERMOCOUPLE TEMPERATURE CONTROLLER TEMPERATURE SWITCH TEMPERATURE CONTROL VALVE PIPE CONNECTION HOME RUN ELECTRICAL CONNECTION HOME RUN PI FI PRESSURE INDICATOR FLOW INDICATOR PI FI PUMP SUMP PUMP CHEMICAL FEED PUMP SAND FILTER CONTROL PANEL BASKET STRAINER CHEMISTRY CONTROLLER X"Ø BLIND FLANGE CONCENTRIC REDUCER ECCENTRIC REDUCER WYE STRAINER FLOOR DRAIN FLOOR SINK HOSE BIBB W/ VACUUM BREAKER TITI TETE TCTC TSTS TCVTCV ANEMOMETER DESCRIPTIONSYMBOL MECHANICAL SYMBOLS Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 APP.DATEBYDATENOJOBSCALEREVISIONSTITLEDESIGNEDDRAWNCHECKEDDATEJOB NO.SHEET SAS, JCSOS2025-02-19SOS24110JOB NUMBER: 24110DOWNTOWN PARKSPRAY GROUND sia AQUATIC STUDIO INC.318 W. KATELLA AVENUE, STE AORANGE, CA 92867(949)229-0350NTSSCHEMATICSMODIFIEDCONTROLSWF7.01 PDB1 480V,3Ø,60HZ & GND G FMP CIRCUIT PROTECTION BY OTHERS FEEDER SHORT 480V 3Ø 15 HP PUMP FOG 21A 1T1 1T2 1T3 F1 F3F2 100A MDS 100A 480V CLASS J CURRENT LIMITING FUSES FOG PANEL P3.1 4.8A 3 HP 3Ø MS-2.1 480V FILTER PUMP MP1 P-2.1 MP2 GG L1 L2 L3 VFD-1.2 U V W P24 F 480V 3Ø 3 HP PUMP WATERFALL 4.8A P1.2 MP3 GG L1 L2 L3 VFD-2.2 U V W P24 F 480V 3Ø 15 HP PUMP JET 18.8A P2.2 ENCLOSURE WALL MOUNT NEMA 1 12" DEEP SIZE ESTIMATED TYPICAL DOOR LAYOUT EXHAUST FAN INTAKE FAN60"CONVENIENCE RECEPTACLE RJ45 PLUG CONDUIT ENTRY HUBS TO PRESERVE RATING USE TYPE 3R THIS PANEL ENCLOSURE IS RATED TYPE 3R. FIELD WIRE BY OTHERS SHORT CIRCUIT RATING: THIS CONTROL PANEL WAS DESIGNED TO BE CONNECTED TO A POWER SOURCE CAPABLE OF DELIVERING NOT MORE THAN 5 KA AVAILABLE FAULT CURRENT. COMMON DEVICE R This panel is Listed to applicable UL Standards and requirements by UL. Field wiring or field components are not Listed under this mark. 5T1 5T2 5T3 5G INDOOR 3T1 3T2 3T3 36" START SIGNAL (SEE PAGE 4) UMP UV STERILIZER ALARM SIGNAL TO PLC 480V 3Ø 3L1 3L2 3L3 1 2 3 4 CC VIA 5-5+ 0-10VDC FROM CPB PDB2 NDB N A B C X3X2X1 H3H2H1 30A 480V X0 F4 F6F5 40/3 CBS X0 15KVA 3Ø,4WIRE 480-120/208V X1 X2 X3 H1 H3H2 XFMR-1 2T1 2T2 2T3 4T1 4T2 4T3 4G 3L1 3L2 3L3 4L1 4L2 4L3 4L1 4L2 4L3 5L1 5L2 5L3 5L1 5L2 5L3 CP-A U.V. 2.0 R1 1 2 R2 3 4 DPA/LPA/CPB ENCLOSURE WALL MOUNT NEMA 1 12" DEEP SIZE ESTIMATED TYPICAL DOOR LAYOUT EXHAUST FAN INTAKE FAN30"INDOOR 24" CPA HS-2.1 HS-1.2 HS-2.2 MS 2.1 7 8 40A 40A CB1 1/1 CB2 1/1 T-STAT 5 CB1 10/1 6 5 CPA FAN POWER VAULT 2.75A 1Ø 120V 87 EXHAUST FAN CB2 15/1 CB3 15/1 109 FLOATS DUPLEX SUMP PUMP PANEL 6 REMOTE START/ STOP 1 2 7 8 PROVIDED BY OTHERS CB4 15/1 1211 CB5 15/1 1413 SUMP 1/2 HP 9.8A 115V PUMP #1 SUMP 1/2 HP 9.8A 115V PUMP #2 CONTROL PUMP #1 PUMP #2 (SEE PAGE 4) (SEE PAGE 3) (SEE PAGE 4) BLK BLK BLK BLK BLK BLK BLK BLK BLK BLU BLU BLK BLK BLK GRN BLU BLU BLK BLK BLK GRN BRN BLU WHT RED RED RED RED WHT BLK BLK BLK BLK BLK BLK BLK BLK BLK BLK BLK BLK BLK BLK BLK BLK BLK BLK BLK BLK BLK BLU BLU BLU BLU RED WHT RED WHT RED WHT RED WHT RED WHT 9 5 9 5 #16-BLU #16-BLU #16-WHT #16-RED RED WHT L1 T1 L2 T2 L3 T3 #2-BLK #8-BLK #8-BLK #14-BLK #14-BLK #12-BLK #10-BLK #10-BLK #8-RED #8-WHT #8-RED #16-WHT #16-RED #14-WHT #14-RED #14-WHT #14-RED #14-WHT #14-RED #14-WHT #14-RED #14-BLK #14-BLK #14-BLK #16-BRN #16-BLU 1.ORIGINAL PANEL FABRICATED BY TOTAL CONTROL 2.U.L. 508A LISTED INDUSTRIAL CONTROL PANEL TO BE FABRICATED AND LABELED PER U.L. 508A. 3.GFI BREAKERS TO BE RATED AT 6MA GROUND FAULT FOR PERSONEL PROTECTION. 4.DOOR MOUNTED INDICATING LIGHTS TO BE LED TYPE. 5.CONTROL PANEL TO BE MODIFIED BY RSD-TOTAL CONTROL, 26021 ATLANTIC OCEAN DRIVE, LAKE FOREST, CALIFORNIA, (949)380-7878, APEARSON@RSD.NET. 6.CONTRACTOR TO PROVIDE SIX PROGRAMS FOR THE PHAROS CONTROLLER AS PART OF THE CONTROL PANEL MODIFICATIONS. 7.SPRAY GROUND PROGRAMS SHALL BE COORDINATED WITH THE CITY. COORDINATION IS INCLUDED IN THE CONTRACTOR'S BID. 8.PROGRAMMING OF PHAROS CONTROLLER TO BE PROVIDED BY FOUNTAIN SUPPLY COMPANY, (661)254-5777, MIKE@FOUNTAINSUPPLY.COM. CONTROL PANEL CONSTRUCTION NOTES Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 APP.DATEBYDATENOJOBSCALEREVISIONSTITLEDESIGNEDDRAWNCHECKEDDATEJOB NO.SHEET SAS, JCSOS2025-02-19SOS24110JOB NUMBER: 24110DOWNTOWN PARKSPRAY GROUND sia AQUATIC STUDIO INC.318 W. KATELLA AVENUE, STE AORANGE, CA 92867(949)229-0350NTSSCHEMATICSMODIFIEDCONTROLSWF7.02 CC B NN CB6 15/1 15 16 120V WATER DEDICATED GFCI RECEPTACLE WQ 1.0 AA B 17 18 CB7 15/1 19 20 CB8 15/1 SOFTENER 15/2GFI CB9 PUMP FILTER 21 22 208V 1Ø 1/2 HP 5.4A MS-1.1 P-1.1 HS-1.1 CB10 15/1 23 24 120V DEDICATED GFCI RECEPTACLE WQ 1.1 25 26 120V DEDICATED GFCI RECEPTACLE WQ 2.1 CB11 15/1 OZONATOR OZONATOR MS-1.1 AUX 9 5 CR-2.1 27 28 CB12 15/1 500W 120- 12VAC LC-1.1 29 30 500W 120- 12VAC LC-1.1 12VAC 16 X 9W WHITE WATERFALL LIGHTS 12VAC 34 X 9W RGB JET LIGHTS PROVIDED BY OTHERS RED WHT RED WHT RED WHT RED RED RED WHT RED WHT RED WHT RED WHT L1 T1 L2 T2 13 14 L1 T1 L2 T2 #14-WHT #14-RED #14-WHT #14-RED #14-WHT #14-RED #14-WHT #14-RED #14-WHT #14-RED #14-WHT #14-RED#14-RED CONTROLLER AIC 1.01 R1 R2 R3 C C C L L L SET THE RELAY JUMPERS TO THE C POSITION FOR INTERLOCKED FEED PUMPS BECSys 5 C1 C2 R1GLN N R2 N C3 R3 N R4 C L C4 R4 N SURGE PROTECTOR (BY OTHERS) IN OUT R1 R2 R3 C C C L L L SET THE RELAY JUMPERS TO THE C POSITION FOR INTERLOCKED FEED PUMPS BECSys 5 C1 C2 R1GLN N R2 N C3 R3 N R4 C L C4 R4 N ALARM TO PLC SURGE PROTECTOR (BY OTHERS) IN OUT ALARM TO PLC ORP CONTROLLER AIC 2.01 PH/ORP DEDICATED GFCI RECEPTACLE 120V ACID PUMP DEDICATED GFCI RECEPTACLE 120V CHLORINE PUMP WQ 2.2 WQ 2.3 DEDICATED GFCI RECEPTACLE 120V ACID PUMP DEDICATED GFCI RECEPTACLE 120V CHLORINE PUMP WQ 2.2 WQ 2.3 1.ORIGINAL PANEL FABRICATED BY TOTAL CONTROL 2.U.L. 508A LISTED INDUSTRIAL CONTROL PANEL TO BE FABRICATED AND LABELED PER U.L. 508A. 3.GFI BREAKERS TO BE RATED AT 6MA GROUND FAULT FOR PERSONEL PROTECTION. 4.DOOR MOUNTED INDICATING LIGHTS TO BE LED TYPE. 5.CONTROL PANEL TO BE MODIFIED BY RSD-TOTAL CONTROL, 26021 ATLANTIC OCEAN DRIVE, LAKE FOREST, CALIFORNIA, (949)380-7878, APEARSON@RSD.NET. 6.CONTRACTOR TO PROVIDE SIX PROGRAMS FOR THE PHAROS CONTROLLER AS PART OF THE CONTROL PANEL MODIFICATIONS. 7.SPRAY GROUND PROGRAMS SHALL BE COORDINATED WITH THE CITY. COORDINATION IS INCLUDED IN THE CONTRACTOR'S BID. 8.PROGRAMMING OF PHAROS CONTROLLER TO BE PROVIDED BY FOUNTAIN SUPPLY COMPANY, (661)254-5777, MIKE@FOUNTAINSUPPLY.COM. CONTROL PANEL CONSTRUCTION NOTES (NOT USED)(NOT USED) (NOT USED) Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 APP.DATEBYDATENOJOBSCALEREVISIONSTITLEDESIGNEDDRAWNCHECKEDDATEJOB NO.SHEET SAS, JCSOS2025-02-19SOS24110JOB NUMBER: 24110DOWNTOWN PARKSPRAY GROUND sia AQUATIC STUDIO INC.318 W. KATELLA AVENUE, STE AORANGE, CA 92867(949)229-0350NTSSCHEMATICSMODIFIEDCONTROLSWF7.03 GFI RECEPTACLE CONVENIENCE CB13 15/1 L N 1 2 3 4 5 6 7 8 +- - + 60W, 24VDC TO LAN TOUCH PANEL LAN CAT 6E +- CAT 6E +- LAN PUMP P-1.1 H O A SW1 I1 I2 PUMP P-2.1 H O A SW2 I3 I4 PUMP P-1.2 H O A SW3 I5 I6 Q1 Q2 Q3 Q4 3231 VALVE FILL 120V MS R1 WATERFALL PUMP PLC +- I1 I2 PLC 48+24 I3 Q3 Q4 EHERNET +- - + 24VDC 1 2 + DMX #1 SH- PHAROS LPC1EXP +- +-+24 4-20MA LEVEL PRESSURE 41 PLC EXP ANALOG INPUT - A-1 LT-1.01 DMX RJ45 PLUG ON SIDE OF PANEL CAT 6E GFI RECEPTACLE CONVENIENCE ON SIDE OF PANEL INSIDE PANEL T-STAT CB15 1/1 CB16 1/1 INTAKE FAN EXHAUST FAN LV-1.01 CC B NN AA B 3433 VALVE FILL 120V LV-1.02 1.1 FILTER FILTER PUMP P-2.2 H O A SW4 18 19 WATERFALL JET ALARM UV 49+24 AIC 1.01 50+24 AIC 1.02 #1 PLC Q3 EXP #2 Q2 Q2 Q1 Q1 3 +- OK TO RUN WIND #1 WIND #2 #1 +-+24 4-20MA LEVEL PRESSURE 42 - A-2 LT-1.02 +- +-+24 4-20MA ANEMOMETER 43 PLC EXP ANALOG INPUT - A-1 ST-1.01 #2 FILTER PUMP P-1.1 P-1.2 H N 8746 47MS 2.1 CR 2.1 R2 JET PUMP LIGHTSLC 1.1 H N FILTER PUMP P-2.1 IN CPA WQ-2.1 P-2.2 B C 51 52 I1CLOSED E H 53 54 I2OPEN KV-2.01 DIVERTER VALVE LIMIT SWITCHES Q4 CR 2.2 58 59 2 3 OPEN 1 CLOSE KV-2.01 DIVERTER VALVE CR-2.2 56 57 55 #14-WHT#14-RED PS1 SE-SL3011-WF VPN ROUTER SE-ANT250 WI-FI ANTENNA (SHIP LOOSE) COMFILE PI CPI-A070WR BLU BLU BLU BLU BLU BLU RED WHT RED WHT BLU BLU BLU BLU BLU BLU BLU BLU BLU BLU RED WHT IP IP IP IP 1413 1413 1413 RED RED RED RED WHT 18/2 & SHLD 9 1 5 A2A1 A2A1 1413 1413 13 14 1413 13 14 1413 13 14 1413 13 14 #14-RED #14-RED #14-WHT #14-RED #14-RED #14-WHT #16-BLU #16-BRN JUMPER CB14 10/1 #16-WHT#16-RED 3735 OPEN BV.1 36 RED RED WHT 4038 CLOSE BV.2 39 RED RED WHT BV.1 - TO SURGE TANK CLOSE OPEN BV.2 - TO DECK VR 4 45 RED 44 RED START 1.ORIGINAL PANEL FABRICATED BY TOTAL CONTROL 2.U.L. 508A LISTED INDUSTRIAL CONTROL PANEL TO BE FABRICATED AND LABELED PER U.L. 508A. 3.GFI BREAKERS TO BE RATED AT 6MA GROUND FAULT FOR PERSONEL PROTECTION. 4.DOOR MOUNTED INDICATING LIGHTS TO BE LED TYPE. 5.CONTROL PANEL TO BE MODIFIED BY RSD-TOTAL CONTROL, 26021 ATLANTIC OCEAN DRIVE, LAKE FOREST, CALIFORNIA, (949)380-7878, APEARSON@RSD.NET. 6.CONTRACTOR TO PROVIDE SIX PROGRAMS FOR THE PHAROS CONTROLLER AS PART OF THE CONTROL PANEL MODIFICATIONS. 7.SPRAY GROUND PROGRAMS SHALL BE COORDINATED WITH THE CITY. COORDINATION IS INCLUDED IN THE CONTRACTOR'S BID. 8.PROGRAMMING OF PHAROS CONTROLLER TO BE PROVIDED BY FOUNTAIN SUPPLY COMPANY, (661)254-5777, MIKE@FOUNTAINSUPPLY.COM. CONTROL PANEL CONSTRUCTION NOTES Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 APP.DATEBYDATENOJOBSCALEREVISIONSTITLEDESIGNEDDRAWNCHECKEDDATEJOB NO.SHEET SAS, JCSOS2025-02-19SOS24110JOB NUMBER: 24110DOWNTOWN PARKSPRAY GROUND sia AQUATIC STUDIO INC.318 W. KATELLA AVENUE, STE AORANGE, CA 92867(949)229-0350NTSSCHEMATICSMODIFIEDCONTROLSWF7.04 + DMX IN SH- DMX - + 24VDC PW 1003 G V+V-+ DMX THRU SH- 60 61 START/STOP SIGNAL TO UV PANEL Q1 NO1C1Q2 NO2C2Q3 NO3C3Q4 NO4C4Q5 NO5C5Q6 NO6C6Q7 NO7C7PATHWAY 1004 DMX DEMULTIPLEXOR 1234DI-DMX IN SHLDCOMDI+DI-DI+DI-DMX THRU SHLDCOMDI+DI-DI+V-EARTHGNDV-V+V+COM1234COM1234COM1234COMANALOG OUTPUTS 64 65 0-10VDC TO CP-B PATHWAY 1009 DMX SPLITTER -4 WAY DI-DI+D2-D2+SHLDCOMDMX OUT A DI-DI+D2-D2+SHLDCOMDMX OUT B DI-DI+D2-D2+SHLDCOMDMX OUT C DI-DI+D2-D2+SHLDCOMDMX OUT DDI-DMX IN SHLDCOMDI+DI-DI+DI-DMX THRU SHLDCOMDI+DI-DI+V-EARTHGNDV-V+V+66 67 68 69 70 71 DMX OUT TO JET LIGHTS REMOTE 62 63 TO FOG PANEL START SIGNAL BLU BRN BRN BLU BRN BLU BRN BLUYELYELYELYEL 18/2 TWISTED 18/2 TWISTED 18/2 TWISTED 18/2 & SHLD 18/2 & SHLD 18/2 & SHLD #14-YEL #16-BRN#16-BLU #16-BLU #16-BRN 13 14 VR BUTTERFLY VALVES RELAY 1.ORIGINAL PANEL FABRICATED BY TOTAL CONTROL 2.U.L. 508A LISTED INDUSTRIAL CONTROL PANEL TO BE FABRICATED AND LABELED PER U.L. 508A. 3.GFI BREAKERS TO BE RATED AT 6MA GROUND FAULT FOR PERSONEL PROTECTION. 4.DOOR MOUNTED INDICATING LIGHTS TO BE LED TYPE. 5.CONTROL PANEL TO BE MODIFIED BY RSD-TOTAL CONTROL, 26021 ATLANTIC OCEAN DRIVE, LAKE FOREST, CALIFORNIA, (949)380-7878, APEARSON@RSD.NET. 6.CONTRACTOR TO PROVIDE SIX PROGRAMS FOR THE PHAROS CONTROLLER AS PART OF THE CONTROL PANEL MODIFICATIONS. 7.SPRAY GROUND PROGRAMS SHALL BE COORDINATED WITH THE CITY. COORDINATION IS INCLUDED IN THE CONTRACTOR'S BID. 8.PROGRAMMING OF PHAROS CONTROLLER TO BE PROVIDED BY FOUNTAIN SUPPLY COMPANY, (661)254-5777, MIKE@FOUNTAINSUPPLY.COM. CONTROL PANEL CONSTRUCTION NOTES Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 5%+2' +3'+3' +2' +2' +2' +2.5' -2.5' 462.90 462.42 463.47 463.02 460.00 462.20 460.51 460.29 462.50 461.33 4.8%461.002.0%462.27 2.5%463.00 1.5%462.20 463.40 462.50 463.00 476.50 T.O.W. 467.00 T.O.W. +2' +1' +2' +3'+3' 479.00 T.O.W. ALIGN WITH TOP OF BUIDLING 462.50 479.00 T.O.W. ALIGN WITH TOP OF BUIDLING +1' +1' +2' +1' +2' +1' +1' +1'+1' +2' +1' +2' +1'+3' 476.50 467 468 471 466.5 469 470 472 MIN 2%3:1 XXX X X APP.DATEBYDATENOJOBSCALEREVISIONSTITLEDESIGNEDDRAWNCHECKEDDATEJOB NO.SHEET SAS, JCSOS2025-01-13SOS24110JOB NUMBER: 24110DOWNTOWN PARKSPRAY GROUND sia AQUATIC STUDIO INC.318 W. KATELLA AVENUE, STE AORANGE, CA 92867(949)229-03501/16" = 1'-0"NOTESLEGEND &WF8.01 SPRAY GROUND EQUIPMENT ROOM SPRAY GROUND CHEMICAL STORAGE POWER J FEEDER WIRE NO.CONDUIT POWER GROUND 2#10 1#103/4" Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 OPEN ESOLC P-1.2 Waterfall Pump P-2.2 Jet Pump LP-ACP-A DP-AP-1.3 Fog SkidXFMR-1UV Panel P-2.1 Filter Pump Equipment Room Tank F-2.2A Basket Strainer F-1.2 Basket Strainer Up Electrical Panels Platform SumpXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX APP.DATEBYDATENOJOBSCALEREVISIONSTITLEDESIGNEDDRAWNCHECKEDDATEJOB NO.SHEET SAS, JCSOS2025-01-13SOS24110JOB NUMBER: 24110DOWNTOWN PARKSPRAY GROUND sia AQUATIC STUDIO INC.318 W. KATELLA AVENUE, STE AORANGE, CA 92867(949)229-03501/2" = 1'-0"WF8.02 SPRAY GROUND FILTER PUMP MOTOR PACO MODEL 50123C REPLACE EXISTING MOTOR TO 15 HP, 3Ø, 18.8 AMPS11 MANUFACTURER / CONTACT QUANTITY NOTESNAMEMODELITEM EQUIPMENT SCHEDULE 5 WATERFALL FILTER PUMP PENTAIR INTELLIFLO 40 GPM @ 60' TDH W/ VFD DRIVE, 208V, 12.4 AMPS, 1Ø, 2590 W, 3 HP, 450 TO 3450 RPM1 7 8 9 SPRAY GROUND CHEMISTRY CONTROLLER BECS TECHNOLOGY BECSYS5 STARTUP AND COMMISSION BY MANUFACTURER1 WATERFALL CHEMISTRY CONTROLLER VENT FAN FANTECH FR160 EXTEND 6" PVC PIPE AND INSTALL NEW VENT FAN, 116W, 120V, 1Ø, 0.99 AMPS1 BECS TECHNOLOGY BECSYS5 STARTUP AND COMMISSION BY MANUFACTURER1 5 7 8 EQUIPMENT ROOM - POWER PLAN Scale: 1/2" = 1'-0"CHEMICAL STORAGEEQUIPMENT ROOM &POWER PLAN1 9 J FEEDER WIRE NO.CONDUIT POWER GROUND 2#12 1#123/4" J CHEMICAL STORAGE AREA - POWER PLAN Scale: 1/2" = 1'-0" FAN D2 C2 D1 E6 SPRAY GROUND CHLORINE FEEED PUMP STENNER 45MHP10 120V, 1Ø, 1.7 AMPS1C1 C2 D1 D2 SPRAY GROUND ACID FEED PUMP WATERFALL CHLORINE FEED PUMP WATERFALL ACID FEED PUMP CHEMICAL SHED VENT FAN DAYTON 1TDN5 115V, 0.30 AMPS, 1Ø, CONNECT TO SWITCH AND TIMER2E6 STENNER 45MHP10 120V, 1Ø, 1.7 AMPS1 STENNER 45MHP10 120V, 1Ø, 1.7 AMPS1 STENNER 45MHP10 120V, 1Ø, 1.7 AMPS1 C1 4#12 1#123/4" J J 2#121/2" J J E6 Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 55575.18100\42920836.2 Revised 8.9.23 Page 33 of 44 EXHIBIT “C” SPECIAL CONDITIONS ARTICLE 1. BONDS Concurrently with this Contract, the Contractor shall deliver to the City two identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price. Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 55575.18100\42920836.2 Revised 8.9.23 Page 34 of 44 EXHIBIT “D” CERTIFICATION LABOR CODE - SECTION 1861 I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract. CALIFORNIA WATERS DEVELOPMENT INC DBA, CALIFORNIA WATERS By: Signature Name (print) Title (print) Title (Print) Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 55575.18100\42920836.2 Revised 8.9.23 Page 35 of 44 EXHIBIT “E” Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 Page 1 of 9 EXHIBIT “F” PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Springs (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 Page 2 of 9 (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__). (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. (Attach Attorney-in-Fact Certificate) Title The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 Page 3 of 9 Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 Page 4 of 9 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ♦ Individual ♦ Corporate Officer Title(s) Title or Type of Document ♦ Partner(s) ♦ Limited ♦ General Number of Pages ♦ Attorney-In-Fact ♦ Trustee(s) ♦ Guardian/Conservator Date of Document ♦ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 Page 5 of 9 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Palm Springs (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows: _____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 Page 6 of 9 against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact Title Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto. NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 Page 7 of 9 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ♦ Individual ♦ Corporate Officer Title(s) Title or Type of Document ♦ Partner(s) ♦ Limited ♦ General Number of Pages ♦ Attorney-In-Fact ♦ Trustee(s) ♦ Guardian/Conservator Date of Document ♦ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 Page 8 of 9 EXHIBIT “G” Exhibit H Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 Page 9 of 9 Fleet Compliance Certification. Contractor hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Contractor hereby certifies, subject to penalty for perjury, that the option checked below relating to the Contractor’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct: The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. Contractor and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Contractor shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids). The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Contractor shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4). The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto. Name of Contractor: _____________________________________________ Signature: __________________________________________________ Name: __________________________________________________ Title: __________________________________________________ Date: __________________________________________________ Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 CITY OF PALM SPRINGS 3200 E TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92262 (760) 322-8328 BUSINESS LICENSE CERTIFICATE Fees Paid:$193.00 ISSUANCE OF THIS LICENSE DOES NOT ENTITLE THE LICENSEE TO OPERATE OR MAINTAIN A BUSINESS IN VIOLATION OF ANY OTHER LAW OR ORDINANCE. THIS IS NOT AN ENDORSEMENT OF THE ACTIVITY NOR OF THE APPLICANT'S QUALIFICATIONS. Business Name:CALIFORNIA WATERS DEVELOPMENT, INC. DBA: CALIFORNIA WATERS Owner:CALIFORNIA WATERS DEVELOPMENT, INC. Mailing Address:23311 E LA PALMA AVE YORBA LINDA, CA 92887 License Number:CBL-001275-2023 Expiration Date:07/31/2025 PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO RENEW AND UPDATE THIS LICENSE ANNUALLY. Business Location:23311 E LA PALMA AVE, YORBA LINDA, CA 92887 Business Description:CONTRACTOR - GENERAL TO BE POSTED IN A CONSPICUOUS PLACE Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 6/5/2025 Acrisure Southwest Partners Insurance Services, LLC 18952 MacArthur Blvd., Suite #300 Irvine, CA 92612 949-486-7904 www.patrisk.com 0K07568 Accelerant Specialty Insurance Company 16890 National Specialty Insurance Company 22608 Everest Premier Insurance Company 16045 Hiscox Insurance Company Inc.10200 Underwriters at Lloyd's London 15792 12831State National Insurance Company, Inc. A 1,000,000DACP0000439007/31/2024 7/31/2025 100,000 3 5,000 3 1,000,000 3 Ded $10,000 BI & PD Combined 2,000,000 2,000,000 3 3 Limit: $1,000,000 2,000,000 AGG 7/31/2024 7/31/2025DACP000043900A B GMI116700 7/31/2024 7/31/2025 1,000,000 3 3 3 A DACPX0000058-00 7/31/2024 7/31/2025 5,000,0003 5,000,0003 C 7600026097241 7/31/2024 7/31/2025 3 1,000,000N 1,000,000 1,000,000 D Professional Liability ANE520808124 7/31/2024 7/31/2025 Ea Occ: $2,000,000/Ded $10,000 Ea Claim F Cyber Liability EHJADN00036421 7/31/2024 7/31/2025 Aggregate Limit: $1,000,000 / Ret. $5,000 E Sexual Abuse & Molestation Liability B0621PCAL1012424 3/26/2025 7/31/2026 Per Claim $1,000,000 / Agg $2,000,000 Dave Jacobson Annette Romero aromero@patrisk.com POLLUTION LIABILITY SEE ADDENUM FOR LSD-EQPT COV California Waters LLC California Waters Development, Inc. 23311 E. La Palma Avenue Yorba Linda CA 92887 85654801 3 3 33 3 3 3 City of Palm Springs, and its respective elected officials, officers, employees, agents, and volunteers are named as additional insureds endorsements attached as required by written contract. Excess/Umbrella Liability follows form. City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 Re: Downtown Park, Museum Way & Belardo Road, Palm Springs, CA 92262 coverage includes Primary and Non-contributory and Waiver of subrogation applies and in favor of the additional insureds per *30-Day notice of cancellation / 10-days for non-payment of premium. 85654801 | 24/25 GL/AU/UMB/WC/PROF/POLL/LSD - 25/26 SXL MOL | Annette Romero | 6/5/2025 3:14:30 PM (PDT) | Page 1 of 14 This certificate cancels and supersedes ALL previously issued certificates. Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: LEASED/RENTED EQUIPMENT CARRIER: OHIO SECURITY INSURANCE COMPANY POLICY TERM: 07/31/2024 - 07/31/2025 POLICY NUMBER: BKS66176623 LIMIT: $250,000 / DEDUCTIBLE $500 Acrisure Southwest Partners Insurance Services, LLC California Waters LLC California Waters Development, Inc. 23311 E. La Palma Avenue Yorba Linda CA 92887 25 Certificate of Liability Insurance (03/16) ATTACHMENT HOLDER: ADDRESS: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 85654801 | 24/25 GL/AU/UMB/WC/PROF/POLL/LSD - 25/26 SXL MOL | Annette Romero | 6/5/2025 3:14:30 PM (PDT) | Page 2 of 14 This certificate cancels and supersedes ALL previously issued certificates. Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 California Waters LLC California Waters Development, Inc. DACP000043900 85654801 | 24/25 GL/AU/UMB/WC/PROF/POLL/LSD - 25/26 SXL MOL | Annette Romero | 6/5/2025 3:14:30 PM (PDT) | Page 3 of 14 This certificate cancels and supersedes ALL previously issued certificates. Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 85654801 | 24/25 GL/AU/UMB/WC/PROF/POLL/LSD - 25/26 SXL MOL | Annette Romero | 6/5/2025 3:14:30 PM (PDT) | Page 4 of 14 This certificate cancels and supersedes ALL previously issued certificates. Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 California Waters LLC California Waters Development, Inc. DACP000043900 85654801 | 24/25 GL/AU/UMB/WC/PROF/POLL/LSD - 25/26 SXL MOL | Annette Romero | 6/5/2025 3:14:30 PM (PDT) | Page 5 of 14 This certificate cancels and supersedes ALL previously issued certificates. Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 California Waters LLC California Waters Development, Inc. DACP000043900 85654801 | 24/25 GL/AU/UMB/WC/PROF/POLL/LSD - 25/26 SXL MOL | Annette Romero | 6/5/2025 3:14:30 PM (PDT) | Page 6 of 14 This certificate cancels and supersedes ALL previously issued certificates. Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 California Waters LLC California Waters Development, Inc. DACP000043900 85654801 | 24/25 GL/AU/UMB/WC/PROF/POLL/LSD - 25/26 SXL MOL | Annette Romero | 6/5/2025 3:14:30 PM (PDT) | Page 7 of 14 This certificate cancels and supersedes ALL previously issued certificates. Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 NSIC-GMI-BA-001 (Ed. 08/19)Page 1 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A.ADDITIONAL INSURED BY CONTRACT OR AGREEMENT 1.SECTION II – COVERED AUTOS LIABILITY COVERAGE, paragraph A. Coverage, paragraph 1. Who Is An Insured, is amended by adding the following: a.Any person or organization with respect to the operation, maintenance or use of a covered “auto” covered under this policy, provided that you and such person or organization have agreed in a written contract or agreement, to add such person or organization to this policy as an “insured”. However, such person or organization is and “insured”: (1)Only with respect to the operation, maintenance or use of a covered “auto” covered under this policy; (2)Only for “bodily injury” or “property damage” caused by an “accident” which takes place after you executed the written contract or agreement and during the policy period; and (3)Only for the duration of the contract or agreement. b.How Limits Apply – The most we will pay on behalf of an additional insured is the lesser of: (1)The limits of insurance specified in the written contract or agreement between you and the person or organization you agreed to add as and additional insured; or (2)The Limits of Insurance shown in the Declarations. Such amount shall be part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. c.Additional Insureds Other Insurance – If we cover a claim or “suit” under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or “suit” to the other insurer for defense and indemnity. However, this provision does not apply to the extent you have agreed in a written contract or agreement with the additional insured that this insurance is primary and non-contributory with the additional insured’s own insurance. d.Duties In the Event Of An Accident, Claim, Suit Or Loss – If you have agreed in a written contract or agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in SECTION IV – BUSINESS AUTO CONDITIONS, paragraph A. Loss Conditions, paragraph 2. Duties In the Event Of An Accident, Claim, Suit Or Loss, in the same manner as the Named Insured. California Waters LLC California Waters Development, Inc. GMI116700 85654801 | 24/25 GL/AU/UMB/WC/PROF/POLL/LSD - 25/26 SXL MOL | Annette Romero | 6/5/2025 3:14:30 PM (PDT) | Page 8 of 14 This certificate cancels and supersedes ALL previously issued certificates. Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 NSIC-GMI-BA-001 (Ed. 08/19)Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. B.HIRED AUTO PHYSICAL DAMAGE COVERAGE 1.SECTION III – PHYSICAL DAMAGE COVERAGE, paragraph A. Coverage, paragraph 4. Coverage Extensions, is amended by adding the following: If hired “autos” are covered “autos” for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any “auto” you own, then the Physical Damage Coverages provided are extended to “autos” you hire or borrow, subject to the following limit, deductible and conditions: a.The most we will pay for “loss” to any hired “auto” is: (1)$50,000; or (2)The actual cash value of the damaged or stolen property at the time of the “loss”; or (3)The cost of repairing or replacing the damaged or stolen property with other property of like kind, whichever is smallest, minus a deductible. b.The deductible will be equal to the largest deductible applicable to any owned “auto” for Physical Damage Coverage. c.Hired Auto Physical Damage coverage is excess over any other collectible insurance. d.Subject to the above limit, deductible, and excess provisions, we will provide that Physical Damage Coverage applicable to any covered “auto” you own. e.Subject to a maximum of $1,000 per “accident”, we will also cover the actual loss of use of the hired “auto” if it results from an “accident”, you are legally liable, and the lessor incurs and actual financial loss. f.This coverage extension does not apply to: (1)Any “auto” that is hired, rented or borrowed with a driver; (2)Any “auto” you hire or borrow from any of your “employees” or members of their household; (3)Any “auto” you hire or borrow from any of your partners or members of their household (if you are a partnership); or (4)Any “auto” you hire or borrow from any of your members or members of their household (if you are a limited liability company). C.TOWING AND LABOR 1.SECTION III – PHYSICAL DAMAGE COVERAGE, paragraph A. Coverage, paragraph 2. Towing, is deleted in its entirety and replaced with the following: 2.Towing We will pay towing and labor costs you have incurred, up to the limits shown below, for each classification of covered “auto” shown below, each time a covered “auto” classified below is disabled: a.For private passenger type vehicles, we will pay up to $50.00 per disablement. 85654801 | 24/25 GL/AU/UMB/WC/PROF/POLL/LSD - 25/26 SXL MOL | Annette Romero | 6/5/2025 3:14:30 PM (PDT) | Page 9 of 14 This certificate cancels and supersedes ALL previously issued certificates. Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 NSIC-GMI-BA-001 (Ed. 08/19)Page 3 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. b.For “light trucks”, we will pay up to $75.00 per disablement. “Light trucks” are trucks that have a gross vehicle weight of 10,000 pounds or less. However, the labor must be performed at the place of disablement. D.ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE 1.SECTION III – PHYSICAL DAMAGE COVERAGE, paragraph B. Exclusions, paragraph 3. is amended by adding the following: This exclusion does not apply to the accidental discharge of an airbag. Any insurance we provide for “loss” relating to the accidental discharge of an airbag shall be excess over any other collectible insurance or reimbursement by manufacturer’s warranty. E.LOAN/LEASE GAP COVERAGE 1.SECTION III – PHYSICAL DAMAGE COVERAGE is amended by adding the following: In the event of a “total loss” to a covered “auto” owned or leased by you we will pay your additional legal obligation for any difference between the actual cash value of the covered “auto” at the time of “loss” and the “outstanding balance” of the loan or lease. As used in this provision “outstanding balance” means the amount you owe under the terms of the loan or lease to which the damaged covered “auto” is subject at the time of the “loss” less the amount of the following: a.Overdue payments and financial penalties associated with those payments at the time of “loss”; b.Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear; c.Security deposits not refunded by the lessor; d.Cost for Extended Warranties and additional protections such as but not limited to Credit Life, Health, Accident or Disability Insurance purchased with the lease or loan; e.Carryover, transfer or rollover balances from previous loans or leases; f.Any amount representing taxes; g.Loan or lease termination fees; h.The dollar amount of any unrepaired damage that that occurred prior to the “total loss” of a covered “auto”; i.All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered “auto”; and j.Final payment under a “balloon loan”. 85654801 | 24/25 GL/AU/UMB/WC/PROF/POLL/LSD - 25/26 SXL MOL | Annette Romero | 6/5/2025 3:14:30 PM (PDT) | Page 10 of 14 This certificate cancels and supersedes ALL previously issued certificates. Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 NSIC-GMI-BA-001 (Ed. 08/19)Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. As used in this provision a “balloon loan” is a loan with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. 2.For the purposes of this Loan/Lease Gap Coverage provision, SECTION V – DEFINITIONS is amended by adding the following Definitions: a.“Total loss” means a “loss” in which the cost of repairs plus the salvage value exceeds the actual cash value at the time of “loss”. b.A “balloon loan” is a loan with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. F.EXTENDED CANCELLATION CONDITION 1.COMMON POLICY CONDITIONS, paragraph A. – Cancellation condition applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days’ prior notice of cancellation. G.VEHICLE WRAP COVERAGE 1.SECTION III – PHYSICAL DAMAGE COVERAGE, paragraph A. Coverage, 4. Coverage Extensions, is amended by adding the following: In the event of a “total loss” to a covered “auto” for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, we will pay up to $1,000.00 for vinyl vehicle wraps which are displayed on the covered “auto” at the time of “total loss”. Regardless of the number of autos deemed a “total loss”, the most we will pay under this coverage extension for any one “loss” is $5,000.00. For the purposes of this coverage extension, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. 2.For the purposes of this Vehicle Wrap Coverage provision, SECTION V – DEFINITIONS is amended by adding the following Definitions: “Total loss” means a “loss” in which the cost of repairs plus the salvage value exceeds the actual cash value at the time of “loss”. H.AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 1.SECTION III – PHYSICAL DAMAGE COVERAGE, paragraph B. Exclusions, subparagraphs 5.a. and 5.b. are deleted and replaced with the following: Exclusions 4.c and 4.d do not apply to electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered “auto” at the time of the “loss” and such equipment is designed to be solely operated by the use of power from the “auto’s” electrical system, in or upon the covered “auto” and physical damage coverages are provided for the covered “auto”; or 85654801 | 24/25 GL/AU/UMB/WC/PROF/POLL/LSD - 25/26 SXL MOL | Annette Romero | 6/5/2025 3:14:30 PM (PDT) | Page 11 of 14 This certificate cancels and supersedes ALL previously issued certificates. Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 NSIC-GMI-BA-001 (Ed. 08/19)Page 5 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2.For the purposes of this Audio, Visual and Data Electronic Equipment Coverage provision, SECTION III – PHYSICAL DAMAGE COVERAGE, paragraph B. Exclusions, Paragraph 5 is amended by adding the following: If the “loss” occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100.00 deductible. All other terms and conditions of the policy remain unchanged. 85654801 | 24/25 GL/AU/UMB/WC/PROF/POLL/LSD - 25/26 SXL MOL | Annette Romero | 6/5/2025 3:14:30 PM (PDT) | Page 12 of 14 This certificate cancels and supersedes ALL previously issued certificates. Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 POLICY NUMBER: COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organization(s): Blanket where required by written agreement executed prior to loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. California Waters LLC California Waters Development, Inc. GMI116700 07/31/2024 85654801 | 24/25 GL/AU/UMB/WC/PROF/POLL/LSD - 25/26 SXL MOL | Annette Romero | 6/5/2025 3:14:30 PM (PDT) | Page 13 of 14 This certificate cancels and supersedes ALL previously issued certificates. Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER BLANKET WAIVER OF SUBROGATION This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: Policy No. Endorsement No. 001 Premium $ INCL. Insured: Insurance Company: Everest Premier Insurance Company Countersigned By: -1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual - 1999. 5 California Waters LLC California Waters Development, Inc. 760002609724107/31/2024 85654801 | 24/25 GL/AU/UMB/WC/PROF/POLL/LSD - 25/26 SXL MOL | Annette Romero | 6/5/2025 3:14:30 PM (PDT) | Page 14 of 14 This certificate cancels and supersedes ALL previously issued certificates. Docusign Envelope ID: 3A55F53F-7293-4006-A878-A7EC459B9CF2