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HomeMy WebLinkAbout04861 - ADVANCED EQUIPMENT CORP FOLDING PANEL PARTITIONS R 20883 ` ' l n ` 1_ `D''OCUMENT TRACKING - y H\ V���V� (ft W xb O y (' 0 I 11� \ Div- Page: 1 Report: All Active Documents Listing Mm,- 7 t,y � 7' \� � ao r� \� - _ � —� December 19,2005 � V11dilfion: ALL Groups,Services�NOC,AREr=PROVUREME" Document# Company Group Service iL Aprvl Date Expire Date Close Date A4840 American Demo C.`u7� PROCUREMENT NOC 03/17/2004 10/01/2005 A4841 Shoring Engineers 6051- PROCUREMENT NOG 03/17/2004 10/01/2005 A4843 Precision Concrete PROCUREMENT NOC 03/17/2004 10/01/2005 A4844 Temecula Mechanical C1051- NOC 03/17/2004 10/01/2005 A4845 K&S Air Conditioning,. p PROCUREMENT NOC 03/17/2004 10/01/2005 A4846 Shasta Fire Protection C65,#- PROCUREMENT NOC 03/17/2004 10/01/2005 A4847 Cove Electric C z-c PROCUREMENT NOC 03/17/2004 10/01/2005 A4850 H C I C 0 1- NOC 03/31/2004 03/01/2005 A4852 CMF Inc CG�*'aL PROCUREMENT NOC 03/31/2004 10/01/2005 A4853 Construction Hardware Co C.(a-A PROCUREMENT NOC 03/31/2004 10/01/2005 A4854 Preferred Ceilings Inc C-(pk PROCUREMENT NOC 03/31/2004 10/01/2005 A4855 J Colavin&Son CADA PROCUREMENT NOC 03/31/2004 10/01/2005 A4856 Invironmentalists Clo4R NOC 03/31/2004 10/01/2005 A4859 Palm Springs Mirror& Glass Inc Ctc'>L PROCUREMENT NOC 03/31/2004 10/01/2005 A4860 Temecula Mechanical Inc G(ey PROCUREMENT NOC 03/31/2004 10/01/2005 A4861 Advanced Equipment Corporation&(n'/ PROCUREMENT NOC 03/31/2004 10/01/2005 A4871 \ V� American Demolition Concrete CuttiLg) PROCUREMENT NOC 04/14/2004 10/01/2005 v( d eCay A4879 (_j�Y DBM-Hatch lnc 61k PROCUREMENT NOC 05/05/2004 10/01/2005 A4880 Y6 � 1� Standard Drywall C}0" - PROCUREMENT NOC 05/05/2004 10/01/2005 A5019 �0 \� Nick Pecoraro Painting & Decorating PROCUREMENT NOC 01/05/2005 12/01/2005 A5020 � oy Arrowwood Works C-6v ��`'r PROCUREMENT NOC 01/05l2005 12/01/2005 A5021 nti(j Vomar Products GUI PROCUREMENT NOC 01/05/2005 12/01/2005 A5041 (� Saddleback Waterproofing &: p PROCUREMENT NOC 02/16/2005 06/01/2006 A5050 Stumbaugh &Associates Inc. c-6V PROCUREMENT NOC 01/05/2005 01/01/2006 A5054 Cookson Doors CtDm PROCUREMENT NOC 03/17/2005 * * * * * * END OFREPORT * * * * * * Return To: City Clerk City of Palm Springs P.O. Box 2743 Palm Springs, California 92263-2743 Filing fee EXEMPT per Government Code 6103 NOTICE OF COMPLETION NOTICE IS HEREBY given that: 1. The City of Palm Springs, California is a municipal corporation, organized and incorporated pursuant to the laws of the State of California. 2. The City Clerk of the City of Palm Springs is authorized and directed to execute, on behalf of said City, any and all Notices of Completion. 3. The address of the City of Palm Springs is City Hall, 3200 E. Tahquitz Canyon Way,Palm Springs, California(P.O. Box 2743, Palm Springs, California 92263-2743). 4. The public work improvement on the hereinafter referred to real property within the city was COMPLETED on the 19th day of September, 2005. 5. The name of the contractor(if named) for such improvement was: Advanced Equipment 6. The public work improvement, which was completed in the City of Palm Springs, County of Riverside, State of California, is described as follows: Palm Springs Convention Center Expansion-Phase II, City Project No. 02-21, Operable Wall Partitions. 7. The property or location of said property is: 277 N. Avenida Caballeros, Palm Springs, California, 92262. 8. City Project No: 02-27 Agreement No. A4861 Resolution No. 20883 DATED: ITY OF PALM SPRINGS By: Cmof�i Allen F. Smoot/Project Administrator JAMES THOMPSON, being duly sworn, says: That he is the City Clerk of aforesaid City of Palm Springs, California,the corporation that executed the foregoing notice;that he makes this verification on behalf of said corporation;that he has read the foregoing Notice of Completion, and knows the content thereof, and that the facts stated therein are true; that as said City Clerk, he makes this verification on behalf of said municipal corporation. City Clerk Index er 2005-0791957 \11\ (IIIII IIIIIII II(IIIIIII IIIII III IIIIIII III IIIII IIII IIII 0/26120of 2 60R DOC fx 2005-0791957 09/26/2005 08:00A Fee:NC Page 1 of 2 PLEASE COMPLETE THIS INFORMATION Recorded in Official Records RECORDING REQUESTED BY: County of Riverside Larry W. Ward Assessor, County Clerk d Recorder AND WHEN RECORDED MAIL TO: I(IIIII iiliill ii IIIIIIII IIIII III iiilill III IIIII+III(III City Clerk M s "1 "u PAGE SIZE DA PCOR NOCOR SMF LEXA1 City of Palm Springs P.O. Box 2743 Z Palm Springs, California 92263-2743 l/ A R L COPY LONG REFHND NCHG Space above this line for recorder's use only r Tom' Space DTT: NOTICE OF COMPLETION v TP Title of Document Tn AREA FOR REG"ORDEVS USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3:00 Additional Recording Fee Applies) ACR 238P-AS4REO(Rev,0212003) - � x File Edit-_Cenerate Letters Transactions Reports Maintenance- Quit_ Gen Letters Transaction Reports Manitenance twit Exrt Program { f r Ak r '-sf "g f- .i F:, ' " - rt=- i _i E, ,y- t3- A -}y-{ ram-•- `f_ i _ - _- .i � r 44 "1 D0 {imellt 4 61 licalA� PRt5�1 EMENT - �! 11CtiY@ i ? 7Y Doculnellt ' DesailmliioD: Ca ntion Ctr EXP Phase 2 Trade 35 (less ARemates 1,2 4,5,7 A 9) Financials' — ¢ AI1W'oval'Dalle.- D3t81t20D4 EXprf'e.D.>ite, 1i7iU1t20l15 Closed"Date: -! /- . - ` -:, - Owed �FIQ 2131�J _ r ogylallyr. Advanced ElpDI1r11elN-: $lkR<ftloll: lnslwanceDezuirc�nt PBid�dl::colpor. 1 Address: PI Fax: ( ) - FAA selvlce JNOc City :rZ : SStIQ 21D3._tE3_€j I a - _ D�u�ulce�tatrts: h7o d:elfitic�te onTde. =_ _ - DocumetrtTrmckingltenrs fDbI c ick-Ireading'to Solt) =� a -.iterri Due8p: !r66ipleted .AmtlFdded ArntPaid - _ —.-_. iToCM for slgs Jll lti 0.00i 000i t>lta FrkiilJ Dte Cod .-., 47119l0A 071271p# ;To Proc for Distribution _ t 1 If _� 0,001 1U5t01405 ; 001 -there's no incr or deer in$$in fill 1 j1 1 Il 04 0 04} � , e ' ' € x l0fil10145 ;002-incr$1,050.00-infile J; i f [ 1,45II,00� 4.00i .a # - Namjuw19/05 NOC1oA stotaketorecoli ,t l y 109126/055 ? NOC 200 5-0 791 95 7- in file ;1 1 a1 1 t3,4U, 0.001 � i next:_ . -.rind-A Dour Trk,Aotes. Add flew Docu -Delete Docu e Previwts Insurance i'auFel�In =-Add Itew T[k, bell Trkn Nem 6mle s s 4JOStart L A :� :' 400r Gam _',Java Console A lieatian.,. �Fastrack D... ��► � �"�� �� 2;38 PM CITY OF PALM SPRINGS PALM SPRINGS CONVENTION CENTER EXPANSION PHASE U CONSTRUCTION CHANGE ORDER To: Advanced Equipment Date: May 17, 2005 2401 W. Commonwealth Avenue Project No. 02-27 Fullerton, CA 92833 _C gnge Order No. - F r ase Order No. 416635 Attn: Frank Manning . �� reement No. A4861 Account No. 4283-50003 Description of Change to be Made: DescrrTUR F-R G°.N8;TRL)0 4 ()�\� Add/Deduct Amount 1. Backcharge to open finish wall and install backing for door stops Deduct: <$ 467.00> not provided on shop drawings TOTAL DEDUCT: <$467.00> AUTHORIZATION FOR CHANGE: 1) PCO 809 Summary of Cost/Time Original Contract Price $ 499,630.00 Total of all Previous Change Orders $ 1.050.00 Total of this Change Order $ <467.00> Total Contract Price $ 500.213.00 This Change Order(increases) (decreases) (unchanged) the contract time by wo king da s. I have received a copy of this Change Orp6r Constr. Manager: Q and the above AGR�E IC arer ceptable Approval: Date: 0 to the contra or. / / ; Turner Co str ctio oPpa City Approval By: `"9` L �-� Submitted By. Date: tt[7 05 tiN. S DI ON Own R e tative Title: SR./VICE PRESIDENT Approved by: Date: Date: OCTOBER 27 2005, Project ministrator Distribution: , Original Conformed Copies Conformed - File Col City Clerk (1) Project Administrator (1) Contractor (1) Procurement& Contracting (1) Finance (1) Owner's Representative (1) Turner Construction (1) APPROVED BY CITY COUNCIL off Au\.oinueu �quiprnem Convention Center Exp. Phase 2 CO 2 CITY OF PALM SPRINGS AGREEMENT #4861 CM signed, 6-13-05 PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CONSTRUCTION CHANGE ORDER To: Advanced Equipment Date: May 17, 2005 2401 W. Commonwealth Avenue Project No. 02-27 Fullerton, CA 92833 Change Order No. 2 Purchase Order No. 416635 Attn: Frank Manning Agreement No. A4861 Account No. 4283-50003 Description of Chanqe to be Made: Description Add/Deduct Amount 1. Modify existing panels from Oasis#4 to be used to extend existing Add: $ 1,050.00 operable wall panels at Oasis#1 &#2/New East Exhibit. Existing operable wall panel at Oasis#4 vary in heights from operable wall panels at Oasis#1 and#2. TOTAL ADD: $ 1,050.00 AUTHORIZATION FOR CHANGE: 1) PCO 480 Summary of Cost/Time Original Contract Price $ 499,630.00 Total of all Previous Change Orders $ 0.00 Total of this Change Order $ 1,050.00 Total Contract Price $ &fl0 _ This Change Order(increases) (decreases) (unchanged) the contract time by w rking ays. I have received a copy of this Change Order Constr. Manager and the above AGR RI ES acceptable Approval: Y Date: to the contrac r. Turner o tructio�i o pa y ` City App a. By: Sub mitt d By: Date: W. Gt/1' DICKSON Ow,ner's R9;6�7� Title. VICE PRESIDENT '' e Approved by: Date:� � Date: 5-20-05 Project Admini rator� �o Distribution: GAB �Jas, 4 � -Original Conformed Copies Conformed - File Copv City-Qlerk_ (1) Project Administrator (1) Contractor (1) Procurement&Contracting (1) Finance (1) ATTEST: Owner's Representative (1) 1_7j Turner Construction (1) ?Cil=k ", '2"o iii3 �aiJJ a CITY OF PALM SPRINGS 1N ,i PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II ` tr CT CONSTRUCTION CHANGE ORDER To: Advanced Equipment Date: July 8, 2004,115= 2401 W. Commonwealth Avenue Project No. 02-27 Fullerton, CA 92833 Change Order No. 1 may Purchase Order No. 416635 ? �` Attn: Frank Manning Agreement No. -A486 Account No. 4283-50003 Description of Change to be Made: Description Add/Deduct Amount 1. Incorporate Issued for Construction Plans Volumes 1 of 3, 2 of 3& 3 Add/Ded: $ 0.00 of 3 and Project Specifications Volumes 1 of 2&2 of 2 dated May 10. - - - - - 2004 into your firm's Scope of Work. TOTAL: $0.00 AUTHORIZATION FOR CHANGE: 1) PCO 1 Summary of Cost/Time Original Contract Price $ 499.630.00 Total of all Previous Change Orders $ 0.00 Total of this Change Order $ 0.00 Total Contract Price $ 499.630.00 This Change Order(increases) (decreases) (unchanged) the contract time by workin days. I have received a copy of this C ang rder Constr. Manager: < kqdt and the above gGRE D, RI •S a acceptable Approval: !� / Date: P/to the contrac r. Turner C�n`str c many City Approval By: Submitted By: �`v0, >, Date: ��our rJ Ow e5, e.resentative Title: Ws Scott Dickson Sr. Vice President �1 — �\p p Approved by. B/ Date: Date: 7/14/04 Project Administrator T Distribution: Original Conformed Copies Conformed - File Copy City Clerk (1) Project Administrator (1) Contractor (1) Procurement& Contracting (1) Finance (1) Owner's Representative (1) Turner Construction (1) �Dyr, r` fi.e �III� Irli 6 20U/, FORMER CONSTRUCT ON CO. Advanced Equipment Corporation Folding Panel Partitions AGREEMENT 44861 RES 20883, 3-31-04 AGREEMENT THIS AGREEMENT made this 11th day of June in the year 2004, by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and Advanced Equipment Corporation, hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1-THE WORK The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s) of the City Contract's contract Documents entitled: Palm Springs Phase II Palm Springs Convention Center Expansion Phase II City Project No 02-27-35 The work is generally described as follows: All that Work set forth in the Trade Bid Schedule of the bid Forms, as awarded by the City of Palm Springs, pursuant to the Contract Documents for the City Project No. 02-27- 35. ARTICLE 2-COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall be commenced on the date specified the Notice to Proceed by the City and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement and that the City will suffer considerable financial loss if the Work is not completed within the time specified in said Notice to Proceed, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The damages suffered by the City would be extremely difficult or impractical to determine in the event of a breach by the Contractor. Accordingly the City and the Contractor agree that the Contractor shall pay the amount provided in Exhibit G of the contract documents attached hereto as liquidated damages, for each calendar day that the work is not completed in the time set forth. ARTICLE 3-CONTRACT PRICE ($499,630) The City shall pay the contractor for the completion of the Work hereunder in accordance with the Contract Documents in current funds the Contract Price(s) named in the Contractor's Bid and accepted Bid Schedule. ARTICLE 4-THE CONTRACT DOCUMENTS The Contract Documents consist of : notice Inviting Bids, Instructions to Bidders, the accepted Bid and Bid Schedule, the Schedule of Values, Bid Security or Bid Bond, this Agreement Worker's Compensation Certificate, Performance Bond, Multiple Oblige Rider to Performance Bond, Payment Bond, Notice of Award Notice to Proceed, Notice of Completion, General Conditions of the Contract, Supplementary General Conditions of the Contract, the Technical Specifications, Drawings listed in The Schedule of Drawings in the Supplementary General Conditions or in the Index on the Cover of the Drawings, Addenda numbers 1, 2, and 3, inclusive, and all Change Orders, and Work Directive Changes which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 5- PAYMENT PROCEDUERES The Contractor shall submit Applications for Payment in accordance with the provisions of the General Conditions and the Supplementary General Conditions of the Contract. Applications for Payment will be processed by the City as provided in the Contract Documents. ARTICLE 6- NOTICES Whenever any provision of the Contract Documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address know to the giver of the Notice. ARTICLE 7- MISCELLANEOUS Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in said General Conditions and Supplementary General Conditions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due many not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors , assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS ATTEST: a municipal corporation 13 City Clerk CITY MANAGER ® � APPROVED AS TO FORM: „figg/;g,,, �� and �a ° asgderndg pydn'd P�l�µyroved t(L� A a Q B ��Iff y: City Attorne u� � 1 Bee SIGNATURES ON NEXT PAGE l CONTRACTOR:Check one:_Individual _Partnership X Corporation Corporations require two notariF tares:One from each of the following:A.Chairman of Board, President,or any Vice Presiden Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer. By SIGNATURE NOTARIZED ! SIGNATURE NOTARIZED Name: Wesley B. Dickson Evelyn Dickson Title: President Title Secretary / Treasurer Address: 110 Sunset Blvd. Address: 110 Sunset Blvd. Port Twonsend, WA 98368 Port Townsend, WA 98368 State of °,e cL5b.a jj,on State of County of 5"F :' County of 5 P FJ*,' Onl �before me M4CK`, On (" I? before me 14,T cl,w Yl]4 c%S personally appeared personally appeared t �,� �I��, 0 c,t 5c, 5 u,�Juvr personally'known to me(or proved to me on personally known to me(or proved to me on the basis of satisfactory evidence)to be the the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to the within instrument and acknowledged to me that he/she/they executed the same in to me that he/she/they executed the same in his/her/their authorized capacity(ies),and his/her/their authorized capacity(ies)and that by his/her/their signature(s)on the that by his/her/their signature(s)on the instrument the person(s),or the entity upon instrument the person(s), or the entity upon behalf of which the persou(s)acted, behalf of which the person(s)acted. executed the instrument. executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. I L"a'- ���� &ea" 0 j Notary rySignaitmeLr o C� Notary Sigma e rz� FBAs`.arr Notary Seal: w `�: g10N ' • 4 Notary Seal: 9 11 0 %AOTARl S ?v m. . �)/ v ?• PUBLIG f= e N PUBLIC :'2 :"Op•'••�r-21;d�'`yC7hO e �A '•. .. .... 'atp9°�oP A6 aeAS PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CITY PROJECT NUMBER: 02-27 TURNER PROJECT NO. 8640MA es+w�• �istE?. TRADE BID NUMBER: 35 FOLDING PANEL PARTITIONS February 6, 2004 SCOPE OR WORK PROVISIONS ` 35- FOLDING PANEL PARTITIONS A. Scope of Work shall include, but not limited to, the following Contract Documents: 1. All conditions as set forth in the City's Bid Package 35 Construction Documents, dated February 6, 2004, including the Safety Program dated February 6, 2004 (Exhibit A), Master Construction Schedule for Bidding Information (Exhibit B), dated February 6, 2004, General Liability and Automobile Insurance Limits (Exhibit C), dated February 6, 2004, Document List(Exhibit D), dated February 6, 2004, Construction Manager's Standard Provisions (Exhibit E), dated February 6, 2004, Temporary Utilities for Construction Purposes (Exhibit F), dated February 6, 2004 and Liquidated Damages (Exhibit G), dated February 6, 2004 are to be considered as part of the Work. 2. OSHA 30 Hour Safety Training Policy, as outlined, in the City's Safety Program, dated February 6, 2004. 3. Project Regulations and Logistics. Reference Paragraph"M"of the Scope of Work Provisions. B. Additional Instructions 1. The Contract Documents do not necessarily indicate or describe all Work required for the full performance of the Folding Panel Partitions Work. Trade Contractor is to provide all items required for the completion of the Work without adjustment to the Price. It is intended that the Trade Contractor shall be solely responsible for the inclusion of adequate amounts to cover all Work indicated, described, or implied, subject to code requirements and the reasonable intent of the Contract Documents. The Trade Contractor acknowledges and represents that they have: a) Visited the site and become familiar with the existing conditions, improvements and the overall physical condition of the site. b) Examined and fully understand the Contract Documents and all other exhibits, attachments, engineering reports, soils reports, special studies, and existing conditions to the extent necessary to perform the Work. The drawings, specifications, and other information listed as Contract Documents indicate the general scope of Work, and do not necessarily indicate or describe everything required for the full performance and completion of the Work. Trade Contractor shall be solely responsible for completing the Work in accordance with code requirements and the reasonable intent of the Contract Documents. c) Had an opportunity to request changes, clarifications and interpretations of errors, ambiguities, omissions and other matters which Trade Contractor has become aware of contained in the Contract Documents and Exhibits. d) Determined all procedures, techniques, phasing, sequencing, and schedules necessary or appropriate to complete the Work. e) Examined and fully understands Safety Manual and its rules, regulations and guidelines. 2. In addition, the Work will include the requirements of Construction Documents, General Conditions, Supplementary Conditions, and Division 1 General Requirements. 3. Trade Contractor acknowledges that they will be working in an existing, fully functional Convention Center facility, and the work may include working within public right-of ways. As such, Trade Contractor will allow for the Owner's needs for security, delivery and cleanliness and will perform the Trade Contractor's Work without disruption of the facility or its systems and operations. The 1 PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CITY PROJECT NUMBER: 02-27 TURNER PROJECT NO. 8640MA TRADE BID NUMBER: 35 FOLDING PANEL PARTITIONS February 6, 2004 level of quality, detail, coordination, scheduling, phasing, sequencing, construction activities and aesthetics is expected to exceed normal industry standards. 4. Trade Contractor fully understands that the existing Convention Center will remain open for business and will be fully operational. This Contractor further acknowledges that occasionally the progress of the work will be impeded as a result of operating the existing facility. Any demobilization, remobilization, or any other associated costs related to this type of delay is not reimbursable. 5. Contractor to provide all drinking water containers, ice, cups, trash receptacles, etc. as necessary for Contractor's employees. 6. Trade Contactor acknowledges that Turner is the Construction Manager and as such has no field forces or material handling capability to assist Trade Contractor. 7. On the basis of the above and further examinations, investigations and studies which the Trade Contractor has made in connection with the Work, Trade Contractor represents and agrees that the Contract Documents and Exhibits are accurate to the best of the Trade Contractor's knowledge and that the Work can be performed in strict accordance with the terms of their Agreement with the City. C. Scope Of Work General Scope: 1. Provide all Folding Panel Partitions Work as required by the Contract Documents. The following items and descriptions of Work are particularly included and are not intended to limit the Trade Contractor's Work but to clarify or emphasize the Work. 2. All items listed under scope of work that are not specifically shown in the Contract Documents, or are necessary to perform this Work to completion, must be included by this Trade Contractor. 3. This Work includes, but is not limited to, all the Work specified in Section(s) 01732, 01735, 09001, 09002, 09720 and 10652 of the Specifications. 4. The word "provide"when used herein shall mean Provide completely, including all costs for labor, material, equipment, travel, hoisting, scaffolding, tools, rigging and any other facilities necessary to complete the Work. 5. The word "remove"when used shall mean remove and dispose, unless otherwise noted 6. All required fees, sales taxes, haul route permits, freight or other ancillary charges associated with the performance of this Work are included. The Building Permit will be obtained and paid for by others. 7. Provide the complete, fully functional, code complying Folding Panel Partitions to meet all the criteria of the Contract Documents, Exhibits, and all governing agencies. 8. Trade Contractor shall be responsible for providing Protection of adjacent surfaces. Sanitary protection of all loads or items being transported through or around the Existing Building of the Convention Center Facility. 9. Parking will be included in areas designated by the Project Superintendent at the City's discretion. 10. Remove general debris and leave Work area broom clean on a daily basis. Trade Contractor shall deposit all debris in trash bins. 11. Food & beverages will be allowed in designated areas only. The designated area will be located outside of existing and new building areas, and may be located offsite. Designated areas will be determined by Turner Construction Company. 2 PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CITY PROJECT NUMBER: 02-27 TURNER PROJECT NO. 8640MA TRADE BID NUMBER: 35 FOLDING PANEL PARTITIONS February 6, 2004 12. A City Business License must be obtained within 10 business days after the start of the project. 13. Move-ins: As required to meet the schedule and performance of the Folding Panel Partitions portion of work. 14. The Working hours for the project will be 7:00 a.m. — 3:30 p.m. daily. All off-hour work, deliveries must be scheduled through the Construction Manager. 15. Provide, install and coordinate all hoisting, rigging, scaffolding, fall protection and temporary bracing necessary for the safe execution of your Work required by OSHA and the City's Safety Program, which ever is most stringent will apply. 16. Work to be performed in areas: All Work areas shown or on Contract Documents. 17. Trade Contractor is responsible for performing an existing damage survey in areas of Trade Contractors Work in existing areas within five (5) days prior to beginning work. In addition, submit a typed list to Turner Construction Company on your Company's letterhead with the pertinent Company Representative certifying all damage noted is true and the list is complete. Any items not listed by the Trade Contractor's will be the responsibility of the Trade Contractor to correct to the satisfaction of Turner Construction Company and the Owner. Survey should encompass all areas within or around the limits of the demolition and construction. 18. Include traffic control, flagmen and staging for all activities, vehicles and equipment related to your work including deliveries. 19. Delivery of materials and equipment shall be scheduled and coordinated with Turner. 20. All clean up of streets, adjacent properties and site debris, generated by execution of its work will be the responsibility of this Trade Contractor. Specific Scope: 1 . Provide all Folding Panel Partitions work required by the Contract Documents. The following items and descriptions of work are particularly included and are not intended to limit the Trade Contractor's work but to clarify or emphasize the Work. 2. Provide all Folding Panel Partitions, work to include, but not limited to panels, track, supports, seals, suspension system, switches, trim, fabric, pass doors, automatic door closures, trim edge, exit signs, magnetic door seals, jambs, pulls, ring latch, and accessories such as hardware, fasteners, bolts and all items required for fully functioning Folding Panel Partition System per the Contract Documents. 3. Provide strict adherence to the examination and quality as shown in the Contract Documents. 4. Provide field verification of all dimensions as required from wall layout prior to fabrication. 5. Provide all field measuring and layout required for the Work. 6. Provide strict adherence to the preparation and installation specifications in the Contact Documents. 7. Provide cleaning and protection per the Contract Documents. 8. Provide removal and salvage of existing panel fabric from the northside of the existing folding panel partitions and replace where required, specifically at the panels modifications to seal to the new at the wall located at LA line and the relocated and new panels for the Oasis#1/#2 extension between Z.5 and new partition located at gridline AA. 3 PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CITY PROJECT NUMBER: 02-27 TURNER PROJECT NO. 8640MA TRADE BID NUMBER: 35 FOLDING PANEL PARTITIONS February 6, 2004 9. Provide all new folding panel partition tracks, including removal of existing and replacement of new at approximately gridline 32.1. 10. Provide new steel supports for modifications of existing door pocket at wall storage room between L.8 and M.2, to allow existing and new walls to be placed and store separately. Provide all switching equipment at this location. 11. Provide all pocket doors as required for the Work as noted in the Contract Documents. Provide the new door panel at new wall located at LA and 32 so that existing folding panel partition wall can be utilized as a construction barricade between Oasis #4 and Oasis #5 (new Ballroom addition). Delivery and installation of this door will be scheduled as an separate move-in. 12. Provide all change of direction switching equipment including track, compressors, pneumatic piping, switch control panels, electrical operators, conduit and wire for a complete, operable system. Note: Single point power connection to each direction control system is by others. 13. Provide caulking and sealant work in approved colors and products. Include joint preparation and backer rods as well as primer as required. Include caulking and sealants in order to insure acoustical integrity of the"Wall Systems' and pass the required sound tests. 14. Provide, as part of base bid, the required track and accessories for the w located along DD. Provide all track and door packets to storage room #705. . 15. Provide all surface applied finished material as called out in the specifications. 16. Provide templates to locate the holes to be drilled in the wall support steel/trusses for this Contractor to install track. The Structural Steel Contractor will provide the holes drilled in the steel supports. Any required holes not identified during the Structural Steel shop drawing period, will be provided by this Contractor at his own expense. 17. Review construction details of the Acoustical vertical gypsum board baffles to be installed above the panel partitions and approve the construction prior to the start of installation. This wall is an integral part of the acoustical barrier and will be sound tested as a component in the complete system 18. Provide testing of all walls in all locations as described in the Specifications. 19. Provide STC rating as shown. 20. Review the support steel locations (at storage pocket areas, track radius, etc.) and orientation and advise Turner during the bidding period if there are inadequacies. Any additional support steel required by this Contractor after the bidding period will be provided by this Contractor at no additional expense. Scope of Work Allowances: A log of hours used will be kept and a credit will be provided by this Trade Contractor to the City at the end of the project for any remaining unused hours. Turner Construction Company Field Superintendent will issue authorization to your Firm to begin the utilizing the allowance hours. The Trade Contractor will provide a Daily Time Ticket with a description of work, manpower quantity, and the number of man-hours worked. Trade Contractor Daily Time Ticket must be presented daily to Turner Construction Company for approval. Upon completion of the Work performed within a given month, the Trade Contractor is to present the monthly cost to Turner Construction Company in the form of a Trade Contractor Request for Change Order with Daily Time Tickets that reflect the time, material and equipment cost attached. All Final Costs associated with the Work, upon Turners approval, will be reconciled and issued to your Firm in 4 PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CITY PROJECT NUMBER: 02-27 TURNER PROJECT NO. 8640MA TRADE BID NUMBER: 35 FOLDING PANEL PARTITIONS February 6, 2004 the form of a Trade Contractor Change Order by the City. A Change Order must be executed by both the City and the Trade Contractor prior to billing for this work. The following Allowances are specifically included in the Trade Contractor's work: 1. None Required. D. Exclusions The following items are specifically excluded from the Work: 1. Building Permit fees by Owner. 2. Testing for or removal of Hazardous Material by Owner. 3. Temporary Boundary Fencing. 4. Power Actuated. 5. Structural steel support trusses (Structural Steel Contractor). 6. Sound wall partition above operable walls (Drywall Contractor). 7. Holes drilled in support trusses for installation of wall track(Structural Steel Contractor) 8. Maharam Fabric, except where to be removed, and reused or repaired. E. Taxes 1. All sales, use and other taxes which may be required must be included. F. Insurance Requirements 1. Provide the following insurance for Combined Single Limit or Aggregate, in the amounts described: A. Comprehensive General Liability, in the amount of 1,000,000.00, including: a. Premises and Operation b. Elevators C. Independent Contractors d. Blanket Contractual Including Liability Assumed by Insured under the Subcontract. B. Comprehensive Automobile Liability in the amount of 1,000,000.00, including: a. Owned b. Non-owned C. Hired Automobile Exposures. 2. Turner Construction Company shall be named as additionally insured on all required insurance certificates/policies 5 PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CITY PROJECT NUMBER: 02-27 TURNER PROJECT NO. 8640MA TRADE BID NUMBER: 35 FOLDING PANEL PARTITIONS February 6, 2004 G. Material Delivery. Handling and Protection 1. This Trade Contractor shall securely store all their jobsite materials to prevent the occurrence of any condition which could contribute to a hazardous material contamination, fire, explosion or other calamity. 2. Provide traffic control and signal men as necessary for deliveries to the jobsite. 3. Use designated areas, as determined by Construction Manager for all dumpster, deliveries, truck loading, material storage and equipment staging locations. Coordinate delivery, routing, staging, storage, dumping, pick-up of all dumpster, deliveries, truck loading, material storage and equipment staging with Turner's Project Superintendent. 4. All material handling equipment required for loading, transportation, receiving, unloading and disbursement is included. 5. Construction security will not be provided. Trade Contractor shall be responsible for its materials and equipment stored on the project until installed and accepted by the Owner. 6. Trade Contractor fully understands that there is limited storage space onsite for materials. Stockpiling on floors to be minimized and located as directed by Turner. From time to time, relocation of stockpiled materials and equipment on floors and on site may be required as directed by Turner. Trade Contractors will not be entitled to additional compensation for relocating equipment or materials as necessary to allow for the efficient progression of the work. H. Mock-Ups — As noted in the Contract Documents, including but limited to, the following: 1. None Required I. Schedule 1. All Work is to be performed in accordance with the Master Project Construction Schedule, Exhibit B, dated 2/6/04. A detailed schedule will be required from all Trade Contractors within 10 days from award of Contract, and will be review for compliance with the Master Project Construction schedule's intent. Trade Contractor's will acknowledge that the Master Project Construction Schedule will include "multiple move-ins", "out of sequence," and "phasing" of the work. 2. Trade Contractor shall be responsible for the cost of all overtime, shift time differentials, off hour work and other premium time costs required to "expedite" or "make-up" delays to the schedule caused by this Trade Contractor. This includes, but is not limited to, work in excess of eight hours per day, forty hours per week, and/or work on Saturdays, Sundays and Holidays. All off-hour work must be scheduled through the Construction Manager. 3. All "tie-ins" or "shut-downs" and other impacts must be scheduled through Turner at least 72 hours in advance. All related costs, including overtime, phasing and off hour work are included in the Trade Contract price. 4. Whenever an actual or potential labor dispute, involving the Trade Contractor, delays or threatens to delay the timely performance of the work, the Trade Contractor shall promptly 6 PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CITY PROJECT NUMBER: 02-27 TURNER PROJECT NO. 8640MA TRADE BID NUMBER: 35 FOLDING PANEL PARTITIONS February 6, 2004 give notice thereof in writing to Turner. If as a result of any labor dispute, a special gate is designated by Turner for ingress and egress by the Trade Contractor to the job site, the Trade Contractors and suppliers will comply with the requirement to use only the designated gate. Special hedging may be required as long as the Trade Contractor is restricted to the reserved gate. 5. A detailed schedule of this trades' work, including submittals/shop drawings, material/equipment fabrication, delivery, installation, start-up/testing/commissioning and closeout, will be provided with ten (10) days of award of contract. 7. Punchlist items are to be completed within 10 days of the punchlist issuance. Any Turner supervision costs required to complete punchlist items after the 10 day period will be backcharged to the appropriate Trade Contractor. 8. In addition, Trade Contractor shall complete various portions of, or acknowledges special conditions regarding the Work. The following is not to limit this Trade Contractor's Work, but to emphasize various or special conditions regarding the schedule. The items are as follows: a. Provide door pockets at 1.4 as a separate move-in. b. Provide installation of track at Exhibit Hall in a separate move-in. c. Provide installation of door pockets at Exhibit Hall in a separate move-in. d. Provide installation of panels at Exhibit Hall in a separate move-in. e. Provide installation of track at each area Ballroom in a separate move-in. f. Provide door pockets for storage pockets Ballroom in a separate move-in. g. Provide installation of panels at Ballroom in a separate move in. h. Provide steel modifications of existing storage room steel in a separate move-in. i. Provide switching equipment in a separate move-in. j. Provide removal and reinstallation of existing track and re-installation of new track at approximately gridline 32.1 in a separate move-in. J. Schedule of Values 1. The Trade Contractor shall provide, within ten (10) days of Contract award the following: a. A detailed schedule of values, with the appropriate system/work breakdown, for each building, which shall be used for monthly progress billings. The schedule of values shall be prepared on the AIA G702/703 forms or a similar form as approved by Turner and City. The schedule of value shall be itemized breakdown, including but not limited to, material, equipment, labor, submittals/shop drawings, closeout, training, allowances, safety, clean-up, and shall be detailed by areas, major disciplines and systems. 2. Provide an estimate of the monthly value of work-in place and manpower. K. Submittal Schedule 7 PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CITY PROJECT NUMBER: 02-27 TURNER PROJECT NO. 8640MA TRADE BID NUMBER: 35 FOLDING PANEL PARTITIONS February 6, 2004 1. Provide a fully itemized submittal including material and equipment lead time, including shipping and delivery dates. Provide weekly shipping schedules and delivery dates, including schedules of shipment"PRO#'s"as requested by the Construction Manager. 2. Provide complete shop drawings, samples and product data submittals as required and per specifications for approval within three (3)weeks of the Contract Award. L. Other Information: 1. The name and address of the Owner is: City of Palm Springs 3200 E. Tahquitz Canyon Drive Palm Springs, CA 92262 760-323-8239 2. The Project is being funded by City of Palm Springs. There is no lender. 3. The Trade Contractor shall have one key field supervisory staff person register and complete, within three months of contract award, the Turner/OSHA 30 hour safety certification training course via the Turner Knowledge Network (TKN) on the Internet ($695 per person). M. Proiect Regulations and Logistics 1. Safety Manual, Exhibit "A" and as specified below: a) Hardhats b) Workboots c) Safety Glasses d) Safety Gloves e) Proper attire such as shirts with sleeves and long Work pants. f) No illegal substances or alcohol on or near the project. g) All Trade Contractor equipment is to be inspected on a daily basis for safety compliance. h) Once again, cleanup is to be done on a daily basis. Cleanliness is a major attribute to safety. Trade Contractor shall provide one (1) journeyman laborer for every ten (10) of it employees for a composite clean-up crew. Composite clean crew will be used at the direction of Turner Superintendent or Safety Manager. i) Trade Contractor Daily Reports (DCR). j) Trade Contractor Daily Equipment Inspection List. 2. Each Trade Contractor is to provide a fully qualified field foreman. The same foreman that starts the project will remain on the project until completion. The foreman will maintain safety, DCR's, Daily Equipment Inspection Lists, and proper conduct amongst the Trade Contractors field forces. 8 PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CITY PROJECT NUMBER: 02-27 TURNER PROJECT NO. 8640MA TRADE BID NUMBER: 35 FOLDING PANEL PARTITIONS February 6, 2004 3. All supplier's personnel and vehicles shall enter and leave the site through gates designated by Turner. Vehicle access will be limited to approved vehicles essential to efficient work performance. 4. All deliveries shall be scheduled with Turner's Project Superintendent a minimum of forty- eight (72) hours prior in advance. END OF SCOPE OF WORK DOCUMENT 9 JUL 20011 BOND NO. 40OTB2426 PREMIUM: $5,396.00 WIMP.`�1P.CORP' Premium is for Contract Term and Subject to PERFORMANCE BOND Adjustment Based on Final Contract Price KNOW ALL MEN BY THESE PRESENTS, ST. PAUL MERCURY That,Advanced E ui mcnt C9rporation as Contractor and, 7xSORAN(F COMPANY as Surety are held firmly beiind unto the City of Palm Springs, a Charter City, organized and existing in the County of Riverside, Califomia, hereinafter called the "City," in the sum of: S499,630.00(Four hundred ninety nine thousand six hundred thirty)dollars, 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_ WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement with said City to perform the Work as specified or indicated in the Contract Documents entitled: PALM SPRINGS PHASE II Palm Springs Convention Center Expansion Phase II CITY PROJECT 02-27-35 Operable Walls NOW THEREFORE, if said Contractor shall perform all the requirements of said Contract Documents required to be performed on its part,at die times and in the manner specified herein, then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, that any alterations in the Work to be done or the materials to be famished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said Contractor or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. SIGNATURES ON NEXT PAGE a SIGNED AND SEAT,YD,this 11th day of MAY 20 04 Contractor_ADQANCED f! �EQUIPMENT CORPORATION Contractor ADVANCED EQUIPMENT CORPORATION By Tltle Wesley S. Dickson President myth' Evelyn Dickson Secretary / Treasurer Corporations require two notarized signatures, One roupach of the following: 1. Chairman of Board,: President, or any Vice Presiden AN . Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer), ri, Ski 4Cgq °pnu SEAL AND NOTARIAL qq�Oc �Y.Vlq��°°a° ACKNOWLEDGMENm'.OF SURETY a Q ;:�gS10NF' ,tP °r° �y a'o� "OTARk '?�§✓ „ �e pp/Z-d-Uh 7 St cry cW' PAUL P Y INS CE COMPANY 'uoN�°., pUQLIGcsdC3���n`�p'J AMIiRICA SAN MARTIN title ATTORNEY—IN—FACT r ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California SS. County of San Diego On 5-11-04 before me, Benny K. Kelley, Notary Public Dale Name and The of Officer(e.g "Jane Doe,Notary Public") personally appeared America San Martin Name(s)of Signers) 4personally known to me ❑ proved to me on the basis of satisfactory evidence 1 to be the person(X) whose name(4 is)= �— subscribed to the within instrument and u �R� PENNY E. C<ELLEY acknowledged to me thatXX/she executed IVI CORM E, KELLEY the same in �her/� authorized cff -�c , NOTARYPuouacAUFORMA q5 ca acit and that b /herd I IH � SAN DIEGO COUNTY a"2 P Y( Y b My Commission Expires signaturenon the instrument the person(X), or :n DECEMBER 213,2004 �� " ' ^ �•� W .-. _.gym. the entity upon behalf of which the person acted, executed the instrument. ) ( WITNESS my hand and offi ial se I N 9 �. v� Place Notary Seal Above Slgna ur of Net.,Pc6lo OPTIONAL Though the Information below 1s not required bylaw it may prove valuable to persons relying on the document ;I and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: ') Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer ) Signer's Name: ❑ Individual roP of mama he,e ❑ Corporate Officer—Tltle(s): i ❑ Partner—❑ Limited ❑ General I ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Ll Other: _ 1 Signer Is Representing I� 91988 Notional Notary Assomalmn•9350 Ca 9oln Ave,PO dox 9A02•Chele,,r1h CA 912152492-rdma roNmnalnola,ym9 Plod No 5907 Reado,Call T61-Frae 1-900876-6027 POWER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company St.Patel Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company Power of Attorney No. 24050 Certificate No. 1946711 KNOW ALL MEN BY THESE PRESENTS:That Seaboard SuteLy Company Is a corporation duly organized under the laws of the Slane of New York,and that St.Paul Fire and Marine Insuance Company,SL Paul Guardian Insurance Company and St.Pull]Mammy Insurance Company ate corporations duly organized under the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and Ifni Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwowis,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the "Companies"), and that the Companies do hereby make,constitute and appoint Jack T.Warnock,Bart B. Stewart,Valerie M.Pearce,Christine A.Paterson,Leticia San Martin,Lawrence F.McMahon,and p America San Martin I t San Diego California of the City of ,State ,their line and lawful Attomey(s)-in-Fact, t each in dear sepaiule capacity if more than one is named above,to sign its name as smety to,and to execute,seal and acknowledge any and all bonds,undertakings, contracts and other written instruments in file nature thereof on behalf of the Companies in then business of guaantecing the fidelity of persons, guaranteeing the performance of cmnlacts and executing or guaranteeing heads and undertakings required of permuted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,EOF,the Companies have caused Iris inaltwnent to signed and sealed this day of February 2003 dSeaboard Surety Company United States Fidelity and Guaranty Company St.Paul fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc St.Paul Mercury Insurance Company iswary$ M�.,xr, ��WW,\\) tiYlayy. 1 g LS 'arm (/,� r nraxnr� jW 0onronnr�n`- a �"^G� IVC � Y 1927 S - I�ESGAL i i �,SLgL E Iai � 19Y7 j95 tam` PETER W CARMAN,Vicc Pi esidenl 9jf01 re.W' a.,.p�2n ',�isM iiiVaJ '`i:...... fiyO AnldN� or•Lo p yL.O'r..e"✓� E.fy�—v1L�q Stale of Maryland 0 City of Baltimore THOMAS E HU➢BREGTSE,Assistant Secretuiy u On this 27 day of February2003ary , before mq the undeisignal officer, personally appealed Peter W Carman and Thomas E Huibreglse,who acknowledged themselves to be the Vice Pirsident and Assistant Secretary,respectively,of Seaboard Surety Company,St Paul Fire and Marine Insurance Company,St Paul Guardian Insurance Company,St Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insuance Company,and Fidelity and Guaranty Insurance Underwriters,Inc,and that the seals affixed to the foregoing instrument ate the corporate seals of t said Companies,and that they,as such,being authorized so to do,executed the foregoing insumm nt lot the purposes therein contained by signing the names of the p corporations by themselves as duly authorized officers. �e i t In Witness Whereof,I hereunto set my hand and official seal. w a drARY s uBuc s M My Commission exp ies the I st day of July,2006. %y �o REBECCA EASLEY-ONOICALA,Notary Public � AE CRV I �f `\ 86203 Rev.7-2002 Printed in U S.A. I r' This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company. St Paul Guardian Insurance Company, St. Paul Mercmy Insurance Company, United States Fidelity and Guaianry Company, Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Undeiwriters,Inc on September 2, 1998,which resolutions are now in hill force and effect,reading as follows: RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating ' to said business may be signed,executed,and acknowledged by persons or entities appointed is Atorney(a)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may,and shalt be executed in the name and on behalf of the Company,either by the Chairman,or the President,or any Vice Piesident,or an Assistant Vice President,jointly with the Seciemry or an Assistant Secretary, under their respective designations. The signature of such officers may he engraved,punted or lithographed. The signature of each of the fomgoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney in to any certificate relating thereto appointing Attorney(s)-in-Pact for purposes konly of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached,and RESOLVED FURTHER, that Attorney(s)-tu-Fact shall have the power and authority, and, in any case,subject to the terms and limitations of the Power of I Attorney issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other writings obligatory in the nature thereof,and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and seated and attester)to by the Secretary of the Company. I,Thomas E.Huibregtse,Assistant Secretary of Seaboard Surety Company.St.Paul File and Marine Insurance Company,St.Paul Guardian Insurance Company, ' St Paul Memury Insuionce Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwnters,Inc,do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. k IN TESTIMONY WHEREOF I hereumc set my hand this Ilth day of MAY ,2004 'iy�i',su�hc,,_ F�pEUiY,Vyo� 927 z zy o.,_enrn tut st�o�vonnre.ai ".`+nsusawim "7� ' McmroRAtro� Ew�ss `snxt..'', ;;sxxa mess .� 1977 1951 °rus+ di "'"pact S*'. ,,�;,::' "�a tx+ sae x� s' Thomas E.Huibregtse,Assistant Secretary",„,T. s,:.a I To verify the authenticity of this Prover of Attorney,call 1-800-421-3880 and ask for the Prover of Attorney clerk. Please refer to the Power of Attorney nunhben; the above-maned individuals and the details of the bond to which tine plover is attached. I fI i i i i I i f � I i ii i Wry, �1 St.Paul Fire and Marine Iusuraune Company United States Tldelity and Guaranty Company ,rQu'/l Surety St Paul Guardian insurance Company n,delity and Guaranty Insurance Company St Pail Mercury Iusurance Company Fidelity and Guaranty Insurance Underwriters,We " Seaboard Surety Company St Paid Medical Liability Insurance Company, Bond No, 40OTB2426 RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance Act of 2002. No action is required on your part. This Disclosure Notice is incorporated in and a part of the attached bond. You should know that, effective November 26, 2002, any losses caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Terrorism Risk Insurance Act of 2002. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. There is a cap on our liability to pay for such losses if the aggregate amount of insured losses under the Act exceeds $100,000,000,000 during the applicable period for all insured and all insurers combined. In that case, we will not be liable for the payment of any amount which exceeds that aggregate amount of $100,000,000,000. The portion of your premium that is attributable to coverage for acts of terrorism is 0.00. IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BOND THAT PREMIUM IS CHARGED ANNUALLY. SIGNED AND SEALED this Ilthday of rrAY 0004. SURETY: [SEAL] ST. PA IL MERGURY MANCE CO �fJ Signature �� �,?r ANIMRICA SAN TIN IKttorney-in-Fact r JUL 0 G 2001 MULTIPLE OBLIGEE RIDER ,Agp",i�CrD EMP.CORIP, TO PERFORMANCE BOND To be attached to and form part of Bond Number AOOTB2420 With ST. PAUL MERCURY INSURANCE COMPANY as Surety, ADVANCED EOUTPMENT CORPORATION as Principal,and CITY OF PALM SPRINGS as Obligee,.: far valuable consideration,hereby agree respectively in connection with a contract for PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CITY PROJECT 02-27-35 OPERABLE DOORS which bond and contracLare made a part hereof by reference,shall now include as additional Obligee(s) U.S,Department of Interior Bureau of Indian Affairs "Pertaining to Lease PSL-316" This bond is subjeot to tNa-Wndition that no Obligee shall have any right or action greaterthan those of any other Obligee and shall be subject to all offsets and defenses,however arising,which might be available against any other Obligee, ° their agents and representatives,in addition to any offsets or defenses that might be available against themselves. In no event shall the Surety:be fable in the aggregate to the Obligees for more than the penalty of this bond. At Surety's election, any payment due to any Obligee may be made by its check issued to the Obligees jointly. Neitherthe execution nor(language,ofthis instrument,noranyprevious negotiations.shall be construed as relieving any - Obligee from the due and timely performance of such obligations and duties as he,or his agent or represetn4vc,may owe to the Principal or the Surety under the contract or bond. Witness the following signatures and seals this_ 11 th day of MAY ,2pg 4 ST. 0 PRiNCIPAL:ADVANCED EQUIPMENT CORPORATION MERCURY SURETY: IN INSURANCEi O ANY / i Cheek One: _individual:_ [wrmership;$ corporaoon Co rations Ire B °� .�✓1 ��r"ji� - - ( rpo rynite two si&naMras: one from cash of the ` -- followlttj�grow y: A. chairman of Board,President or;iuy vice AMERI SAN MARTIN _ President and :Secretary, Asst. Srcrerary,Treasurer,or Chief Title_ATTORNEY—IN—FACT Financial officer); By Signatuie,,(NOTARIZED) (SEAT,&NOTARIAL AC&NOWLEDGMPNT OF SURETY) PRINT NAME AND TITI.L .......... /V7,sjC°r"tl Wesley B. Dickson President r �. �5gION i� tAOTARy co A viz BY. /1'l i, �'r.� it:� y a• PUBLIC r C/ �� '�6 L' �' . V,Alarm ue(NOTARIZED) e �A •. �'_ ^ �. ' a 97 77.21 Oo O p e, ,:dr A'bvASNyL%" — IL)�gp' 2e•" N<st%9?f^ia t.rldrP. PRINT NAME AND TITLri2 _ Evelyn Dickson Secretary / T>:e,58utur CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ) State of California ss. County of San Diego On 5-11-04 before me, Penny E. Kelley, Notary Public Date Name end Tlfle of Officer(e g-,"Jena noe,Notary Public") 1 personally appeared America San Martin Name(s)of Sgner(s) 4Xpersonally known to me ❑ proved to me on the basis of satisfactory evidence t to be the person(X) whose nameM isMi subscribed to the within instrument and �— tl r 1 I,r ---�-�� acknowledged to me that S�/sheAR�[executed C y ry PENNY f KEL�Ep i� the same in 1Mer/XXHX authorized d; rtir n TA COPAP PUBvt. n(128565G of capacity($ and that by RX/herd )NORY LIGCALIFORNIA wit sA�nlE�occuNTv ct signature"on the instrument the person(K), or My Commission Ex iron- ) �1 '• DECEMBER 26,2004 P the entity upon behalf of which the personm ,— . ��"'ryti-��. I acted, executed the instrument. i W{fTNESS y hand and officiayse I Place Nalary Seal Above Signaler(? f Notary Publm 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 Description of Attached Document ) Title or Type of Document. Document Date: Number of Pages: vj Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb bare ) O Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: ) 1 f 1 Signer Is Representing._ ic._'��'Gi���(�Z7"' •Q,�'x,�eZ.'_'�_-.c`�•4=V�t�<`�'_'W�`eL�`�c-c-�cic=(��•_/C'.1CC,�i'�i3_�h`W�t>'�`C_%C+�-_-'�V`�,�'�'� �199914ellonal Nolaly A9gocialion-935ODe Solo Avo,PO Han2d02•Chels,votlM1,GA 9131&DI02•vrvnvnahonalnolary erg Prod No 5907 Heertle,Call Toll-Free 1-6008766927 POWER OF ATTORNEY j Seaboard Surety Company United States Fidelity and Guaranty Company l St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company V f Power of Attorney No. 24050 Certificate No. 1946672 KNOW ALL.MEN BY THESE PRESENTS:That Seaboard Surety Company is it coipoi'alma duly organized under the laws of the Slate of New York,and[hat St Paul Fhe and Mai ire Insurance Company,St.Paul Guardian Insurance Company and St Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,and that Untied States Fidelity and Contrary Company is a corporation duly organized under the laws of the Stale of Maryland,and z that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters,Inc is a corporation duly organized under the laws of the Slate of Wisconsin(herein enlleclaveh,called(he "Cornpmuea"), and that the Companies do hereby make,constitute and appoint f Jack T.Warnock,Bart B. Stewart,Valerie M.Pearce, Christine A.Paterson,Leticia San Martin, Lawrence F.McMahon, and America San Martin San Diego California of the City of- ,State ,then true and lawful Attorney(s)-m-Fact, d each in lieu separate capamly if more than one is named above,to sign its name as stuely to.and to execute,seal and acknowledge any and all bonds,undertakings, contracts and other written instiamems in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the perfr mance ofconlracts and executing or guaranteeing bonds and undertakings required or permitted in any actions of proceedings allowed by law. 27`� February 2003 h IN WITNESS WHEREOF,the Companies have causedthis instrument to be signed and sealed this day of Seaboard Surety Company United States Fidelity and Guaranty Company hSt.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company n in •�.�o v Sv t . 69" G 1,unr i rtoo iNtm ice P dent i 1896 � a m sPo PETER W CARMAN,V, r (5�seuc - ; : . d� 7 S 1951 >n tic„y +,� A'f \....i �+�9 AtN� ii Ar��t State of Maryland City of Baltunme THOMAS E Hl113REGTSE,Assisoun Secretary 1 On this 27' day of February 2003 before me, the undersigned officer, personally appealed Peon W Carman and Thomas F Hmbregtse, who acknowledged themselves to be the Vice President and Assistant Scacmiy,respectively,of Seaboard Surety Company,St.Paul Fne and Marine Insurance Company,St Paul Guardian Insurance Company,Sr Paul Mercury Insurance Company,United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwi ner.v,Ina.;and that the scuts affixed to the foregoing instrument are the corporate seals of 1 said Companies;and that they,as such,being authorized so to do,executed the foregoing instrument for the proposes therein contained by souring the names of the corporations by themselves as duly authouzed officers ¢ NOT o In Witness Whereof,I hereunto set my hand and official seal Ug4C S u My Commission expires the ]at day of Iuly,2006. uflE eTy xAo REBECCA EASLEY-ONOKALA,stew,Pubic t i 9 a u i I 86203 Rev.7-2002 Printed In U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,United States Fidelity and Guaranty Company, I Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2, 1998,which resolutions are now in full force and effect,reading as follows: RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating to said business may be signed,executed,and acknowledged by persona or entities appointed as Attorneys)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Powers)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the I Company,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and the seat of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes j only of executing and attesting bonds and undertakings and other writings obligatory in the nature dint eof,and subject to any limitations set forth therein,any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company,and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached;and RESOLVED FURTHER,that Attorney(s)-in-Fact shall have the power and authority, and, in any case,subject to the terms and limitations of the Power of Attorney issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other it writings obligatory in the nature(hereof,and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company I,Thomas E.Hurbregtse,Assistant Secretary of Seaboard Surety Company, St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company, St Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Uuderwriteis,Inc.do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked i IN TESTIMONY WHEREOF,I hereunto set my hand this I th day of MAY ,2004 k " 7927 } .r ` o.._�,,,-' 1 a t � 1977 mcmrowaro s / G(4n.rnrn/� �.�It��uJt?ti, ' a SCAL�� SEAL 7 y R 1951 >° i L� - w„„,,,�gp„ Thomas E.Huibregtse,Assistant Secretary To verify the authenticity of this Power of Attorney,call 1-800-421-3880 and ask for the Prover of Attorney clerk. Please refer to the Paver of Attorney number, the above-mmned individuals and the details of the bond to which the paver is attached. If Y i r y 1 i Ii it i I i i i i i li S�1w (y,, (1 St,Paul Fire and Marine Insurance Company Unttad States Fidelity and Guaranty Company .Phu[Surety St.Pani Guardian Iusurance Company Ndellty and Guaranty Insurance Company St.Paut Mereary Insurance Company Fidelity and Guaranty Insurance Underwriters,Ine- Seaboard Surety Company St.Paul Medical Liability Insurance Company. Bond No, 40OTB2426 RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance Act of 2002. No action is required on your part. This Disclosure Notice is incorporated in and a part of the attached bond. You should know that, effective November 26, 2002, any losses caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Terrorism Risk Insurance Act of 2002. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company 'providing the coverage. There is a cap on our liability to pay for such losses if the aggregate amount of insured losses under the Act exceeds $100,000,000,000 during the applicable period for all insured and all insurers combined. In that case, we will not be liable for the payment of any amount which exceeds that aggregate amount of $100,000,000,000. The portion of your premium that is attributable to coverage for acts of terrorism is 0.00, IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BOND THAT PREMIUM IS CHARGED ANNUALLY. SIGNED AND SEALED this Ilthday of MAY 20 04 SURETY: [SEAL] ST. PAUL MERCURY I SIIBANCE C ANY Signatur ArB UGAA SA MARTIN Attorney-in-Fact BOND N0. 40OTB2426 PREMIUM: INCLUDED JUL 0 G p0RE �'P�V'1�1�9t;El7FOU9P9 PAYMENT BOND KNOW ALL MEN 13Y THESE PRESENTS, ST. PAUL MERCURY That,Advanced Equipment Corporation as Contractor and Tj3SIIRANCE COMPANY as Surety, are held firmly bound unto the'City of Palm Springs, a Charter City, organized and existing in the County of Riverside. State of California,hereinafter called the"City," in the sum of $499 630 00(Four hundred ninety nine thousand six hundred thirty) dollars, 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. WHEREAS, said Contractor has been awarded and is about to enter into the annexed agreement with said City to perform the Work as specified or indicated in the Contract Documents entitled; PALM SPRINGS Palm Springs Convention Center Expansion Phase 11 CITY PROJECT 02-27-35 Operableos"rs WALLS NOW THEREFORE, if, said Contractor, its subcontractors, its heirs, executors, administrators, successors, or assigns 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 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 the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor, all as required by the provisions of Title XV, Chapter 7, Sections 3247-3252, inclusive, of the Civil Code of the State of California and acts amendatory thereof, and sections of other codes of the State of California referred to therein and acts amendatory thereof, and provided that the persons, companies, or corporations so furnishing said materials, provisions,provender, equipment or other supplies, appliances or power used in, upon, for or about performance of the work contracted to be executed or performed, or any person, company or corporation renting or hiring implements or machinery or power for or contributing to said work to be done,or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor, shall have complied with the provisions of said laws,then said surety will pay the same in an amount not exceeding the sum hereinbefore set forth and also will pay, in case suit is brought upon this bond, a reasonable attorney's fee, as shall be fixed by the Court. This bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. PROVIDED, that any alterations in the Work to be done or the materials to be fiunished, or changes in the time of completion,which may be,made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder,nor shall any extensions of time granted under the provisions of said Contract Documents release either said Contractor or said surety, and notice of said alterations or extensions of the Agreement is hereby waived by said Surety. SIGNATURES ON NEXT PAGE SIGNED AND SEALED, this 11 th day of MAY 20 04 - ST. PAOL MERCURY Surety INSURANCE COMB Contractor ADVANCED EOUIPMENT CORPORATION ' BY—Z' / AN MARTIN d 'f tle &UQRNKj7: —PACT Title Wesley B. Dickson President (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) Contractor ADVANCED EQUIPMENT CORPORATION ,•.5;° °° BY C %t 1f cz n Jo �.. .�JgC 'eq :e_x =p fug f Title Evelyn Dickson Secretary / Treasurer ;O AaOTgRy 9a Pe i.Q 1 Corporations requiretwo notarized ; cn PUBLIC signatures: One from'.each of the following; e:9'•., :`� 1, Chairm oardy President, or any Vice Pe ;r.21,06: pc s h 7 1 President:(AND ,Seeretary,Assistant °0cg©/ NgNA�a4 Secretary,Treasurer,''Assistant Treasurer, or Chief Financial Officer). CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of San Diego 5-11-04 On , before me, Penny E. Kelley, Notary Public Data Name and The of Officer(e.g., 'Jane Doe,Notary Pubbot) personally appeared America San Martin Naivete)of Slgner(s) 4personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person( whose name( is)= subscribed to the within instrument and Fir acknowledged to me that WsheXW executed } PENNY E. I{ELLEY the same in XMer/H� authorized Fy 1 � COMM E. KELLEY capacity(t�, and that by JWher NoraRvausuc-cauFOAW W signaturenon the instrument the person(K), or SAN DIE GO COON-ry N Ycommrsslon Exp,res, the entity upon behalf of which the person DECEPNBEFl 26,2004 acted, executed the instrument. WITNES • my hand and o Icial )Seal% Place Nolary Seal Alove • Si ha re of Notary Publm � 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 ) Description of Attached Document Title or Type of Document j Document Date: Number of Pages: ') Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General j ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other' Signer Is Representing: I� 1 ) /,.-'�/:._�T.��'C.�.`t'=vzti�c-moo_`�v^t-e�z`i�'�'�_'.?L'�,'�" '��'�=c�;�.t�L`'�`�=.�z.Eirt�_v�_i'��e '�'+���'3.•? Nj 1909IVmionel Nmuly Assoo2flon-9nu)DeSoto Ave,PO Box 2dO2•oha1rvronn,CA 913132402•vrvnvnelionalnolaryor9 Pod No 5007 Reorder cell Tolhe'ee 1-00O 8766827 lbompaul POWER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Ync, St.Paul Mercury Insurance Company Power of Attorney No. 24050 Certificate No. 1946714 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company Is a corpm anon duly otgamzed under the laws of the State of New York-and that St.Paul Fire and Marine Insurance Company,S[.Pau]Guardian Insurance Company and St Paul Mercury Insurance Company ale corporations duly organized Ender the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is it corporation duly organized undet the laws of the State of Maryland,and that Fidelity and Guaranty Insurance Company is a unification duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc.is a corporation duly organized under the laws of the State of Wisconsin (herein rolle(nvely called the "Companies"), and that the Companies do hereby make,constitute and appoint Jack T.Warnock,Bart B.Stewart,Valerie M.Pearce, Christine A.Paterson,Leticia San Martin,Lawrence F.McMahon,and, America San Martin i 1 , San Diego California J of the City of ,State ,their true and lawful Atlorney(s)-m-Fact, each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in then business of guacantecing the fidelity of persons, guaranteeing the 1 net(at of contracts and executing or guaranteeing bonds and undertakings requited on pet mated in any actions or proceedings allowed by law IN WITNESS WHEREOF,the Companies have caused this instrument sm�ent to be signed and scaled this day of February 2003, MSeaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Pant/Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company g9su�rr Jy F.,.. m 9 -nu sal Otis n197171 m nIlL § PETER W CARMAN,Vice Pa esrdenl 922 a-c f � 4 State of Maryland City of Baltimore '[LOMAS E.HUIBREOTSE,Avemtant Scemmry On this 27 day of February 2003 before me, the undersigned officer, personally appeared Peter W Carman and Thomas E Huthre-Ne,who acknowledged themselves to be the Vice Puesident and Assistant Secretary,respectively,of Seaboard Surety Company,St Paul Fire and Mauve Insurance Company,St Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Gumanty Insurance Company,and Fidelity and Guaranty Insurance Under wnteis,Inc.;and that the seals affixed to the foregoing instrument ace the corporate seals of said Companies; and that they, as such.being authorized so to do,executed the foregoing msnument for the purposes therein contained by staring the names of the corporations by themselves as duly authorized officers �pP EAS(EY P NpT o In Wiriness Whereof,I hereunto set my hand and official seal �e(le S My Commission expires the 1st day of July,2006. ? o REBECCA EASLEY-ONOKALA,NomaJ`Pabhc aqE CItV S I I I 86203 Rev.7-2002 Printed in U.S.A. 1 ' This Power of Auomey is granted under and by the authority of the following tesolutmna adopted by the Boards of Directors of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company, St Paul Mercury Insurance Company,United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2, 1998,which resolutions me now in full force and effect,reading as follows: RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakngs,contracts and other instruments relating to said business may be signed,executed,and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Powers)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman,of the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and I the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating[hereto appointing A[[orney(s)-in-Fact for purposes only or executing and attesting bonds and undertakings and other writings obligatory in the m mre thereof,and subject to any limitations set forth therein,any J such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company,and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached;and RESOLVED FURTHER,that Auomey(s)-in-FacL shall have the pow i and authority,and,in any case, subject to the terms and limitations of the Power of Attorney issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other writings obligatory in the namre thereof,and any such instrument executed by such Auomey(s)-in-Fact shall be as binding upon the Company as if signed by on Executive Officer and sealed and attested to by the Secretary of the Company I,Thomas E.Huibregtse,Assistant Secretary of Seaboard Surely Company,St Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company, St.Paul Metcmy Insurance Company,Untied States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance j d Underwriters,Inc.do hereby certify that the above and foregoing is a true and sonnet copy of the Power of Attorney executed by said Companies,which is in full force �y and effect and has not been revoked IN TESTIMONY WHEREOF,I hereunto set my hand this 1 1 tb day or MAY 2004 °�ruoc � ia. � (PPD;�')ut 7927 ea SERI SL+AL ,,� h,LN1x"" y�ra Thomas E.Huibregtse,Assistant Secretary G To verify the authenticity of this Prover of Attorney,call 1-800-421-3880 and ask far the Prover of Attorney clerk. Please refer to the Prover of Attorney number, u the above-named individuals and the details of the bond to which the power is attacked. i r f I f 1 I I �I II i i I S"Mmay. St.Paul Fire and Marine twuranee Company United States Fidelity and Guaranty Company aal Surety St.Paul Guardian Insurance Company Fidelity,and Guaranty Insurance Company St.Pan[Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc V Seaboard Surety Company St,Paul Medical Liability Insurance Company. Bond No, 40OTB2426 RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance Act of 2002. No action is required on your part. This Disclosure Notice is incorporated in and a part of the attached bond. You should know that, effective November 26, 2002, any losses caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Terrorism Risk Insurance Act of 2002. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. There is a cap on our liability to pay for such losses if the aggregate amount of insured losses under the Act exceeds $100,000,000,000 during the applicable period for all insured and all insurers combined. In that case, we will not be liable for the payment of any amount which exceeds that aggregate amount of $100,000,000,000. The portion of your premium that is attributable to coverage for acts of terrorism is 0.00. IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BOND THAT PREMIUM IS CHARGED ANNUALLY. SIGNED AND SEALED this Ilthday of MAY 2004 SURETY: [SEAL] ST. PAUL MERCORY URANCE COMPANY Signature �d �! � %( AMERICA SAN TIN Attorney-in-Fact CERTIFICATE OF INSURANCE ISSUE DATE 05/10/04 -- ---------- PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY DRIVER ALLIANT INSURANCE SERVICES, INC. AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 1301 Dove Street, Suite 200 CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE Newport Beach, CA 92660 AFFORDED BY THE POLICIES BELOW. Ph (949) 660-8176 / Fax (949) 250-5917 License No. OC36861 INSURERS AFFORDING COVERAGE INSURED INSURER A Crum & Forster Specialty Ins. Co. Advanced Equipment Corp. INSURER B Fireman's Fund Insurance Company 2401 W. Commonwealth Avenue INSURER C Fullerton, CA 92633 INSURER D INSURER E 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,EXCLUSION AND CONDITIONS OF SUCH POLICIES. ....-)_ITS SHOWN _ _ CV PAID CLAIMS CO TYPE OF INSURANCE C. REDUCED B POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR DATE(MM/DDM) DATE(MM/DDffY) LIMITS GENERAL LIABILITY GL00000480 10/29/03 10/29/04 EACH OCCURRENCE $1,000,000 COMMERCIAL GENERAL LIABILITY I FIRE DAMAGE fire) $100 000 X COM — CLAIMS OCCUR C— X MED,EXPENSE person) MACE (Anyone P ) � $5.000 IX Contractual ERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $2,000,000 POLICY BCt LOC PRODUCTS-COMP/OP AGG $1,000,aoo r B j AUTOMOBILE LIABILITY MZA80240153 10/01/03 ! 10/29/04 COMBINED SINGLE LIMIT $1.000,000 X ANY AUTO (Ea acc[denl) 4 ALL OWNED AUTOS BODILY INJURY � SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILVINJURY NON-OWNED AUTOS �X (Per accidenq__—_—________�. GARAGE LIABILITY r PROPERTY DAMAGE B Excess uaBlury _ XYZ76107531 10/01/03 10/29/04 EACH OCCURRENCE $9,000,000 X OCCUR I CLAIMS MADE AGGREGATE ---- DEDUCTIBLE RETENTION_ - WORKER'S COMPENSATION V - .,- �.EACH..Af,G1DENi AND _ I DISEASE-POLICVLIMIT EMPLOYER'S LIABILITY Y �- __-- CH EMPLOYEE DISEASE-EACH EMPLOYEE A OTHER Stop Gap Liability GL000004110 10/29/03 10/29/04 $1,000,000 Each Accident/Disease $1,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS As respects Job#10500 Palm Springs Convention Center Per attached CG2010 Endorsement. SUBJECT TO POLICY TERMS,CONDITIONS AND EXCLUSIONS. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 City of Palm Springs DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT Dept. of Procurement& Contracting FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF Dept Tf Procurement Canyon Way ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. SUBJECT TO q y y 10 DAYS NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM. Palm Springs, CA 92262 AUTHORIZED R60F SENTATIVE c\ P&C L,ab C.T-Pn - S IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on the certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. P&C Liab Cerl-Pn S CG 20 10 POLICY NUMBER: GL00000480 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED—OWNERS, LESSEES CONTRACTORS (FORM B) This endorsement modified insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Project or Location: City of Palm Springs and Turner Construction As respects Job#10500 Palm Springs Company, Convention Center (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule,but only with respect to liability arising out of`your work' for that insured by or for you. CG 20 10 (11/85) 4Copyright, Insurance Services Office, Inc., 1984 CG 20 10-Pn CERTIFICATE HOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION I N S U R A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE MAY 10, 2004 GROUP: POLICY NUMBER: 1700997-2003 CERTIFICATE ID: 593 CERTIFICATE EXPIRES: 10-01-2004 10-01-2003/10-01-2004 CITY OF PALM SPRINGS DEPT. OF PROCUREMENT L CONTRACTING 3200 TA14QUITZ WAY RE: JOB #10500, PALM SPRINGS PALM SPRINGS CA 92262 CONVENTION CENTER, PALM SPRINGS This is to certify that we have issued a valid Worker's Compensation insurance Policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions,of such policies. y/ h-1-- fit c . AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1, 000, 000 PER OCCURRENCE ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER ADVANCED EQUIPMENT CORP 2401 W COMMONWEALTH AVE FULLERTON CA 92833 SCIF 10262E rEPF-UI:SO 1 STATE OF CALIFORNIA— DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF APPRENTICESHIP STANDARDS TO: California Department of Industrial Relations Division of Apprenticeship Standards P.O. Box 603 San Francisco, California 94101 EXTRACT OF FROM: AWARDING AGENCY PUBLIC WORKS CONTRACT AWARD 832480000 City of Palm Springs Office of Procurement& Contracting 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263-2743 A CONTRACT TO PERFORM PUBLIC WORKS UNDER LABOR CODE §17777.5 HAS BEEN AWARDED TO: 2. Name of General Contractor 3. Contractor's License Number Advanced Equipment Corporation 245883 4 Mall Address(Street Number of P 0 Box) 5. City 2401 W. Commonwealth Avenue Fullerton 6 Zip Code 7. Telephone Number 92833 (714) 635-5350 Ext 8 Address or Location of Public Works Site(Include city and/or country) 277 N. Avenida Caballeros, Palm Springs, CA USA 9. Contract or Project Number 10. Dollar Amount of Contract Award 02-27-35 $499,630.00 11 Starting Dale(Estimated or Actual) 12 Completion Date(Estimated or Actual) MONTH DAY YEAR (USE NUMBERS) MONTH DAY YEAR (USE NUMBERS) 4/19/2004 9/1/2005 13 Type of Construction(Highway,school, 15 hospital,etc Convention Center Expansion a NEW CONSTRUCTION ❑ ALTERATIONS 16 Classification or Type of Workman(Carpenter,plumber,etc.) Folding panel partition installation 17. Is language included in the Contract Award to effectuate the provisions of Section 1777.5, As required by the Labor Code?,. .. .... ...... .. .... ... X YES NO Is language included in the Contract Award to effectuate the provisions of Section 1776, As required by the Labor Cade?. ..... ... ... ... .... ..... X YES NO 18. Siggature 19 Title 20, Date Sr. Contracting July 16, 2004 1& u- K - Specialist 21. Printed or Typed tM1 22, Telephone Number Bruce R. Johnson 760/322-8373 of pAtM SAS City of Palm Springs c Z; ^ OFFICE OF PROCUREMENT & CONTRACTING C'�ttFOfl �T MEMORANDUM M To: Office of City Cleric From: Office of Procurement & Contracting Subject: Convention Center - American Demo Date: July 21, 2004 Attached are the following documents: Contract Abstract 2 sets of Contract documents executed by Contractor and notarized 1 Performance Bond 1 Original Payment Bond 1 Multiple Obligee Rider Confirmation of status of surety company N/A Original Bid 4 GCS CtrrL-f- N/A Copy of bid bond V/ Scope of Work a Addendums 1, 2 and 3 (in your possession) ��� Certificates of Insurance for the required policies Confirmation of status of insurance tamers Contractor License Information v N/A Bid Abstract Extract of Public Works H:\USERS\WPPUBLIC\CONTRACT PROCESSING\Clerk transmittal Advanced Equipment Convention Center.wpd CONTRACT ABSTRACT Contract Company Name: Advanced Equipment Corporation Company Contact: Frank Manning Summary of Services: Operable Walls Contract Price: $499,630.00 Funding Source: 2614283 43200 Contract Term: April 2004—August 2005 Contract Administration Lead Department: Project Manager Contract Administrator: Al Smoot Contract Approvals Council/Community Redevelopment Agency Approval Date: 3/31/2004 Minute Order/Resolution Number: 020883 Agreement No: A4861 Contract Compliance Exhibits: N/A Signatures: Complete Insurance: Attached Bonds: Attached Contract prepared by: Procurement& Contracting Submitted on: 7/16/04 By: Mari Lynn Boswell