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04850 - HCI CONVENTION CENTER EXPANSION PHASE II CP02-27-02, CO 1
v fit ' "n DOCUMENT 'iRA1CKINvi V+�W (j'tl- b Oh/ OW 0 `-) & pf Page: 1 Report: All Active Documents Listing Utm-- 46��1 (`D r 0 \ _ i December 19,2005 Condition: ALL Groups,Services=NOC,XREF=PROCUREMENT (y 7 tknn 4 3 Document# Company Group Service Aprvi Date Expire Date Close Date A4840 American Demo G`O PROCUREMENT NOC 03/17/2004 10/01/2005 A4841 Shoring Engineers Cook PROCUREMENT NOC 03/17/2004 10/01/2005 A4843 -Precision Concrete PROCUREMENT NOC 03/17/2004 10/01/2005 A4844 Temecula Mechanical C 051- NOC 03/17/2004 10/01/2005 A4845 K&SAir Conditioning, > PROCUREMENT NOC 03/17/2004 10/01/2005 A4846 �S Shasta Fire Protection C(,Oy,� PROCUREMENT NOC 03/17/2004 10/01/2005 A4847 Cove Electric PROCUREMENT NOC 0311712004 10/01/2005 A4850 s✓ '�l�`� H C I O�Oi.e- NOC 03/31/2004 03/01/2005 A4852 CMF Inc CGkOb- PROCUREMENT NOC 03/31/2004 10/01/2005 A4853 Construction Hardware Co d6 ( PROCUREMENT NOC 03/31/2004 10/01/2005 A4854 I Preferred Ceilings Inc C(¢�,r PROCUREMENT NOC 03/31/2004 10/01/2005 A4855 \ J C012vin&Son e✓`v.A. PROCUREMENT NOC 03/31/2004 10/01/2005 A4856 _® � Invironmentalists C.\ozQ NOC 03/31/2004 10/01/2005 A4859 Palm Springs Mirror&Glass Inc Glo S+ PROCUREMENT NOC 03/31/2004 10/01/2005 A4860 Temecula Mechanical Inc 116V PROCUREMENT NOC 03/31/2004 10/01/2005 A4861 Advanced Equipment Corporation G(O'af PROCUREMENT NOC 03/31/2004 10/01/2005 A4871 American Demolition Concrete Cutti2q) PROCUREMENT NOC 04/14/2004 10/01/2005 A4879 DBM-Hatch Inc C�cK c"�'D� PROCUREMENT NOC 05/05/2004 10/01/2005 A4880 Standard Drywall CW" - PROCUREMENT NOC 05/05/2004 10/01/2005 A5019 Nick Pecoraro Painting &Decorating PROCUREMENT NOC 01/05/2005 12/01/2005 A5020 Arrowwood Works C6 IOY PROCUREMENT NOC 01/05/2005 12/01/2005 A5021 Vomar Products C-U'z,( ,,( PROCUREMENT NOC 01/05/2005 12/01/2005 &A5041 Saddleback Waterproofing p PROCUREMENT NOC 02/16/2005 06/01/2006 A5050 Stumbaugh &Associates Inc. CSOW PROCUREMENT NOC 01/05/2005 01/01/2006 A5054 Cookson Doors C_JyBI-zz PROCUREMENT NOC 03/17/2005 ** * * * * END OF REPORT " i i i i DOC a 2005-066724.9 PLEASE COMPLETE THIS INFORMATION 08/16/2005 08:60A Fee:NC RECORDING REQUESTED BY Page 1 of 2 Recorded in Official Records County of Riverside Larry W. Ward - Assessor, County Clerk $ Recorder AND WHEN RECORDED MAIL TO: -, . . I I'IIII��IIII��IIII'�III IIII'I�I I�IIII (I II II II'I IIII I R� �r1�y �a•�//�L- /O r^/J �o PAGE SVE DA PCOR ryOCOR SMF 7-7 V3 ) M G�. j Eit s�� A 2 LG A R L COPY LONG REFUND NCNG E%/1M TRASpace above this line for recorder's use only DTT N� Title of Document f u. � SP THI" AREA F 0 Ep R RUEM)) EVO NIL= ONLY ��u1. 1•k C' C, S' Z.— THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3:DD Additional Recording Fee Applies) ACR 238P-AS4RED(Rev.0212003) I� I Return To: i City Clerk City of Palm Springs P.O. Box 2743 j Palm Springs, California 92263-2743 Filing fee EXEMPT per Government Code 6103 NOTICE OF COMPLETION I 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 j City, any and all Notices of Completion. i 3. The address of the City of Palm Springs is City Hall, 3200 E. Talrquitz Canyon Way,Palm Springs, California(P.O. Box 2743,Palm Springs, California 92263-2743). I 4. The public work improvement on the hereinafter referred to real property within the city was COMPLETED on the 15th day of August, 2005. 5. The name of the contractor(if named) for such improvement was: HCI 6. The public work improvement, which was completed in the City of Palm Springs, County of Riverside, State of California, is described as follows: Pahn Springs Convention Center Expansion-Phase H, City Project No. 02-27,Dry Utilities. 7. The property or location of said property is: 277 N. Avenida Caballeros, Pahn Springs, California, 92262. 8. City Project No: 02-27 Agreement No. A4850 Resolution No. 20868 t � DATED: / Cl OF PAL SPRINGS By: Project Admmistrator 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 No. IIIIII IIIIII 11111 HE 1111111111111111111111111111111111 03 24A 2 of *�8400R CITY OF PALM SPRINGS PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CONSTRUCTION CHANGE ORDER AW,, -62004 LRECEEPED To: 1 Inc. Horseless Carriage Drive Project No. 02 27 3 66 4, 2004 Of�E� Norco, CA 92860 Change Order No. 1 Purchase Order No. 416602 Attn: Adam Spirz Agreement No. A4850 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. 2. Revise conduit crossing from two (2) 5"conduits to one (1)4"conduit Add/Ded: $ 0.00 to service the North Parking Lot in accordance with the approved SCE plans dated 4/20/04. 3. Relocate Verizon lines at north and east side. Add/Ded: $ 0.00 4. Relocate primary conduit and transformer pad at North Parking Lot. Add/Ded: $ 0.00 TOTAL: $0.00 AUTHORIZATION FOR CHANGE: 1) PCO 1; 2) PCO 35; 3) PCO 54; 4) PCO 61& PCO 87 Summary of Cost/Time Original Contract Price $ 114,406.00 Total of all Previous Change Orders $ 0.00 Total of this Change Order $ 0.00 Total Contract Price $ 114,406.00 This Change Order(increases) (decreases) (unchanged)the contract time by 0 rking days. I have received a copy of this Change Order Constr. Manager: 13� y and the above AGREED PRICES are acceptable Approval Date:to thecontractor.l, Turner "�� ucti n a City Approval:By. �� � Submitted Byi t/ Date: Ow R pres ntatwe d' Title: JtShn Martin,-Vice-President HCI, Inc Approved by: � ;� Date: 6/'2 Date: 7/22/04 Project Administrator Distribution, Original Conformed Copies Conformed - File Copy City Clerk (1) Project Administrator (1) Contractor (1) Procurement& Contracting (1) Finance (1) /f �I Owner's Representative 1 Turner Construction (1) 3 10 MNI F RNER CONSTIRLIC a ION CO HCI Inc Convention Center CP02-27-02 AGREEMENT #4850 R20868, 3-31-04 AGREEMENT THIS AGREEMENT made this day of 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 HCI. INC., 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 Phase II City Project No 02-27-02 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- 02. 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 ($114,406) 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, 3, AND 2-2, 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 Bye/ �"`�" � '"�B���.��.✓ �,�" e— City Clerk r APPROVED AS TO FORM: Afna'ftovap) 'ww 'arjkmea ' rr*' City Attorney SIGNATURES ON NEXT PAGE Agreement Amount m,4tx:, Reviewed and approved by Procurement & Contracting Initials. Date �-I d CONTRACTOR: Check one: _Individual _Partnership X Corporation Corporations require two notarized signatures: One liorn each of the following:A. Chairman of Board, President, or any Vice President AND B. Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer. By �li b BY ��AA(}A�.(, GNATURENOTARIZED S1GN;kTLTRE NOTARIZED Name: JOHN MARTIN PAMELA LAULHERE Title: VICE—PRESIDENT Title SECRETARY Address: P.O. BOX 638 Address: P.O. BOX 638 NORCO, CA 92860 NORCO, CA 92860 State of State of L�l�24q1 n County of_arLaVE.di nn_ Coumyof 'We'dg10c OnN- before me 6a'0htp¢dd�-{a�3- i{1U416 On+IZ before me f-E-1-otVu2'z Aa'f+'o-1�&r%svq Paw< personally appeared,_ ORN ffi Aii zr,a personally appeared qi 11[,G;a Lrtt4t l+cad 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(Kwhose name(4 is/are subscribed person(o' whose name(B)is/are subscribed to the wither 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(ios),and his/her/their authorized capacity(io and that by his/her/their signature(�ron the that by his/her/their signature(s) on the instrument the person(4 or the entity upon instrument the peison(a),or the entity upon behalf of which the person('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. L61UPLec Notary Signantre Notary Signature Notary Seal: Not Seal: #*t,1i11***#*hr..rsf•**s:Y*#*t***t***t*****: a S ?CEETH WOODWARD COMM#1401359 * ... KEITH WOODWARD ; COMM#1401359 NOTARY PUBLIC-CALIFORNIA O V j RIVERSIDE COUNTY * NOTARY PUBLIC-CALIFORNIA my COMMINM Expina Feb.lO,pO : RIVERSIDE COUNTY ♦r*****v************rr**et**ar*erttt»+r ^'. ►Iy Commtafwn Expi Fab.1B.M* !''"'yiet*!tf tt#*tittttlttrtrtt*rrrr rettrrrr* BOND NO. : 08710171 PREMIUM: $1,351.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That HCI,INC.,as Contractor and, FIDELITY AND DEPOSIT COMPANY OF* as Surety, are held firmly bound unto the City of Palm Springs,a Charter City,organized and existing in the County of Riverside,California,hereinafter called the"City,"in the sum of $114,406.00(One hundred fourteen thousand four hundred and sixl 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 those 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 Phase II CITY PROJECT 02-27-02 Convention Center NOW THEREFORE,if said Contractor shall perform all the requirements of said Contract Documents required to be performed on its part,at the times and in the manner specified herein,then this obligation shall be null and void, otherwise it shall remain in frill 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. SIGNATIIRES ON NEXT PAGE * MARYLAND SIGNED AND SEALED,this 6TH day of APRIL _ ,20 04 Contractor HCI, INC. Contra HCI� ' - t INC. .iOHPS MARTIN, PAMELA LAULHERE, Tile VICE-PRESIDENT Title SECRETARY corperations require two notarized signatures: One from each of the following: 1. Chairman of Board, President, or any Vice President:AND 2. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer). SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY FID TY D EPOSIT Surety CO P Y F M RYLAND .9 J. JOH ON Title- _ ATTORNEY IN-FACT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California S.S County of Riverside On Mai- IZ,200q , before me, Keith Woodward-Notary Public , Jane Name and rue of onlcer le g,'Jane Doe.Nolary Public) personally appeared T047J AAabPW 1p-jji�, P1+fiUU Livaid� e Namev)of iinneda) Ej personally known to me ev dance to be the person(&)whose name(&)is\are subscribed to the within instrument and KEITH WOODWARD + acknowledged to me that he\s�"khey executed o COMM A1401359 in the same in hisilca the authorized NOTARY PUBLIC OALIUNTY NIA o capacity(te&}and that by his\#er\th& * RIVERSIDE COUNTY * My comrriel Eepree Feb.18,2E07r*, signature(&)on the instrument the person(&}or "`•�"'**"*"'""`*"""*""*"""'* the entity upon behalf of which the person(Sr) acted, executed the instrument. WITNESS my hand and official seal. 5,9nalure of Nolary 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 Description of Attached Document Title or Type of Document. �t'i'i d'aZrru,ic� r�xs,.�u� r�. IdS Z� ( ChTLy P/riayP ..�(-'JZan+y' Document Date: 14-L-0-( Number or Pages: `L Signers)Other than Named Above Capacity(ies)Claimed by Signer Signer's Name: Individual Tab of thumb here Corporate Officer—Title(s) Partner—Limited General Attorney in Fact Trustee Guardian or Conservator Other Signer Is Representing 01997 Nalmnal Nolary A..callon•9350 on Salo Avenue•Chalsowbb,CA 91313-2404 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } } ss. County of Orange } On April 6 2004 , before me, Patricia Ann Toth, Notary Public , Dale Name and Title of Officer(e.g.,"Jane Doe,Notary Public') Personally appeared J.W.Johnson , ® personally known to me E] prev P1 le line on the basis Af4atiSf2GtO evld6n$e to be the person(s) whose names) is/are �11N1 ANN TOTH subscribed to the within instrument and COIIMnIMlOr1#1413251 r acknowledged to me that he/she executed oll*comBowmav2O.20D* MaklynrbAc-Cawomic the same in his/her/their authorized CongoCou* capacity(ies), and that by his/her/theirsignature(s)on the instrument the person(s), s or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required bylaw,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 Do ument Title or Type of Document: Document Date: 6 ci Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: , ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner---❑Limited ❑General ® Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: C1997 National Notary Association•9350 Desoto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 I t! BOND NO. : 08710171 PREMIUM: INCLUDED IN PERFORMANCE PAYMENT BOND BOND PREMIUM KNOW ALL MEN BY THESE PRESENTS, That,HCI,INC.,as contractor,and FIDELITY AND DEPOSIT* 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 suns of: $114,406.00 (One bimdred fourteen thousand four hundred and six) 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 Phase II CITY PROJECT 02-27-02 Convention Center 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 Unemploymont 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 witb 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 arts 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 perfotmance of the work Contracted to be executed or performed, or any person, company or corporation renting of 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 cast suit is brought upon this bond, a reasonable attorneys 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 furnished, or changes in the time of completion,which may be made pursuant to tho terms of said Contract Documents,shall not in any way release said Contractor or said Surety thereunder,nor shalt 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 * COMPANY OF MARYLAND SIGNED AND SEALED, this 6TH day of APR IL 2004. DE ND DEPOSIT Surety M F MARYLAND Contractor HCI, INC. /J BY By " ""Al J.W. OHNSON -:" "30HN MARTIN, Till ATTO EY-IN-FACT Tle_VICE-PRESIDENT (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) Contractor CI, INC. By� PtMELA LAULHERE, Tii]e SECRETARY Corporations require two notarized signatures: One from each of the following: 1, Chairman of Board, President, or any Vice President: AND 2. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer). CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California S.S. County of Riverside On Wd t I Z I 00 { , before me, Keith Woodward-Notary Public Data Nameana Tluenf-0fnaerleg "Jan.Dee,Ndary Pubua7 personally appeared -TOW I't ",lnW �"*U-A LPuL.1l�J� Name(s)of SIgner(s) personally known to me EYffdR RGP to be the person(&)whose name(6)is\are subscribed to the within instrument and rt KEITH WOODWARD : acknowledged to me that he\she\they executed o ~- COMM#1401359 the same in his\hpPthei authorized n , NOTARY PUBLIC-CALIFORNIA IQ capacity(ies}and that by his\her4the# RIVERSIDE COUNTY signature(s)on the instrument the person(s);or MYC011°oni;,'r;;XPkft Fob,III,2DD7 the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS Smmy hand ando`ffici l.sea Plece Nelary Sual Above f Iv+/N—`� V^_v 9nalwe.f Nolary Publlc 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. ,�G1^-y�9ap �,:. s-,N y 0 9 7 g 0 9�d Q 4'✓Cs-�a �'p��'f'^`Ss°2°"3`f --I Document Date: "�r 'o LO Number of Pages 2- Signer(s)Other than Named Above Capacity(ies)Claimed by Signer Signer's Name: Individual Top or thumb here Corporate Officer-Title(s). Partner-Limited General Attorney in Fact Trustee Guardian or Conservator Other 1 Signer Is Representing: ©1997 National Notary Assoclabon•9350 ne Soto Avenue•CMN.orlh,CA 91313-2909 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } } ss. County of Orange } On April 6 2004 , before me, Patricia Ann Toth, Notary Public , Dale Name and Tllle of Officer(e.g.,"Jane Doe,Notary Public") Personally appeared J.W.Johnson ® personally known to me El pFeved to me on the basis Of SatiSfal3t(D ev dense to be the person(s) whose name(s) is/are 00 subscribed to the within instrument and MAMA ANNTOiHH acknowledged to me that he/she executed COmmWWn B 1413251 the same in his/her/their authorized q&1M*VC:M:CM t =-California _ capacity(ies), and that by his/her/their ra(ge County signature(s) on the instrument the person(s), WkwMay20,20W or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. r Place Notary Seal Above Slgn.lu a 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 Description of Attached Pl9cument �j �///7 Title or Type of Document:J �M; „� fe v fai V HC r,�.— �_ 0�h0ti-LW t � 6 r Document Date: /. !.o Y` Number of Pages: „2. Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner---❑Limited ❑General ® Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 01997 National Notary Association•9350 Desoto Ave,P.O.Box 2402•Chatsworth,CA 91313-2402 F , r„"r'+Iw"�M � M►" w �v" a h, Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER, Vice-President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of t e By-Laws o said Company, which are set forth on the reverse side hereof and are hereby certified to be in full f rid effec o ie date hereof, does hereby nominate, constitute and appoint J. W. Johnson, of Fullert/purof is true a ful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf aits act eed: any and all bonds and undertakings and the execution of such bonds or undertakings ihes is, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as iful i ted and acknowledged by the regularly elected officers of the Company at its office in Baltimorroper persons. This power of attorney revokes that issued on behalf of J. W. Johnson, dated Janua 1 The said Assistant Secretary does hereby that th o�act set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By-Laws of s ' pany, a ow in force. IN WITNESS WHEREOF, the said ce- residen Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the s�ELITY1'�l DEPOSIT COMPANY OF MARYLAND, this 19th day of November,A.D. 1999. o arTi sT: FIDELITY AND D*SIT COMPANY OF MARYLAND �` 7F&EAI�� By: T. E. Smith Assistant Secretary W. B. Walbrecher Vice-President State of Maryland } SS: County of Baltimore 1J1 On this 19th day of November, A.D. 1999, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. Walbrecher, Vice-President and T. E. Smith, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Carol J Fa i r Notary Public My Comm Expires: August 1,2000 L1428-0124152 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attomeys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages....and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or.mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company,-wv iether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate teal of the said Company,this 6TH day of APRIL 2004 Assistant Secretary MULTIPLE OBLIGEE RIDER TO PERFORMANCE BOND To be attached to and form part of Bond Number 08710171 with FIDELITY AND DEPOSIT COMPANY OF MARYLAND as surety, HCI, INC. asPrincipal,and CITY OF PALM SPRINGS, A CHARTER CITY, ORGANIZED AND EXISTING IN THE COUNTY OF RIVERSIDE, CALIFORNIA asObligea, for valuable consideration, hereby agree respectively in connection with a contract for PALM SPRINGS PHASE II — PALM SPRINGS CONVENTION CENTER PHASE II — CITY PROJECT 02-27-02 — CONVENTION CENTER which bond and contract are 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-315" This bond is subject to the condition that no Obligee shall have any right erection greater than those of any other Obligee and shall be subject to all offsets and defenses,however arising,which might be available against any other Obliges, their agents and representatives,in addition to any offsets,or defenses that might be available against themselves. In no event shall the Surety be liable 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 Obligoes jointly, Neither the execution nor language of this instrument,nor any previous 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 reprasainative,may owe to the Principal or the Surety under the contract or bond. Witness the following signatures and seals this 6TH day of_ APRIL ,20g4 FI L Y AND DEPOSIT PRINCIPAL: HCI, INC. SU : C OF MARYLAND ChceF:Otte; _individual;_partnership; X corporation sy (Corporatinas require two signatures: one from each of tint J,W, JOHNSON following groups: A. CMairtnan of Ward,President or any Vice - - Pmaideon and B;Secretary, A"t.Smrotary,Treasurer,or Chief Title ATTORNEY—IN—FACT Fimmid Officer) ie,W, LV, By ($P.AL d NOTARIAL ACKNOWLEDGMENT OF SLRET'l') !/ "-- Signature(NOTARIZED) -- - Pkfk NAMiiANO TITLE =JGHN MARTIN; VICE—PRESIDENT By Signature(NOTARIZED) PRINT NAME AND TITLE: PAMELA LAULHERE, SECRETARY CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California S.S County of Riverside On .NPL, 12, fir,v `� , before me, Keith Woodward-Notary Public , Date Name ena Tue nl omcer(e g,-Jane Doe.Nnmry Punuc) personally appeared rO0-A n'1PiDL1'1,oJ; 4 YEA-Nell A Names)of.,ner(s) 0 personally known to me ewdense basis to be the person(s)whose names)is\aFe • KEITH WOODWARD : subscribed to the within instrument and O t� COMM 1it1401359 N b acknowledged to me that he\s#e"executed NOTARYPUBLIC-CALIFORNIA o the same in his\her-\theiF authorized RIVERSIDE COUNTY . capaclty(ie4,, and that by his\hRilN3eiF * r • My m Comloslon Expire Feb.15.2l signature(s)on the instrument the person(o,, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Plane Neary anal Aeava 1�Yr1$ L.� tJL'L.�.La3 slgnnwrn rml Poetic 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 q Title or Type of Document: r I UVu'1 P -Tiof�,p', YL, yhadt Document Date: I-Ii `'d Number of Pages: �— Signer(s)Other than Named Above: Capacity(ies)Claimed by Signer Signer's Name: Top of thumb here Individual [B Corporate Officer—Title(s): �l • d t S�c'e"" 'r�Jli'l Partner—Limited General Attorney In Fact Trustee Guardian or Conservator Other: Signer Is Representing: iA.il C. 0199T National Notary Assoaation•9350 De Salo Avenue•Chatsowrlh,CA 91313-2404 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } } SS. County of Orange } On April 6 2004 before me, Patricia Ann Toth, Notary Public Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public') Personally appeared J.W.Johnson , ® personally known to me El preved to me on the basis of FatisfaGtoFy evidence to be the person(s) whose name(s) is/are yNRtCIAANN10TH subscribed to the within instrument and Comm #1413251 acknowledged to me that he/she executed a Now,y PuhNc-California the same in his/her/their authorized -� orargeCounfy - capacity(ies), and that by his/her/their MVCam.EM*es may 20.2007 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONALIIIIIIIIIIIIIIIIIII Though the information below is not required bylaw,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: nL a�U•hr«. r�14 4Y�� ,(�a7�<R, ti87roi�I !1cr4—A� Document Date: /• G. O V Number of Pages: 0� Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer-Title(s): ❑ Partner---❑Limited ❑General ® Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 01997 Natlonal Notary Association•9350 Desoto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER, Vice-President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of aid Company, which are set forth on the reverse side hereof and are hereby certified to be in full fo d effect ° e date hereof, does hereby nominate, constitute and appoint J. W. Johnson, of Fullerton, Califo is true a ful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety s Its act eed: any and all bonds and undertakings and the execution of such bonds or undertakings in pur of these ts,shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if the een dul uted and acknowledged by the regularly elected officers of the Company at its office in Baltimore in their roper persons. This power of attorney revokes that issued on behalf of J. W. Johnson,dated January 1 ° 98. The said Assistant Secretary does hereby ° that th &ct set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of sa pany, a*Zv in force. IN WITNESS WHEREOF, the said °ice- resident vssistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the s�2,, ELITY DEPOSIT COMPANY OF MARYLAND, this 19th day of November, A.D. 1999. v ATTEST:- FIDELITY AND DO SIT COMPANY OF MARYLAND 00) T. E. Smith ssistant Secretary W. B. Walbrecher Vice-President State of Maryland } ss: County of Baltimore ll) On this 19th day of November, A.D. 1999, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. Walbrecher, Vice-President and T. E. Smith, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Carol) Fa r Notary Public My Commissi Expires: August 1,2000 L1428-012-4152 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attomeys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2,of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting-duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile-or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,this 6TH day of APRIL 2004 Assistant Secretary • TRADE BID TRADE BID PACKAGE# 2 TRADE DESCRIPTION Dry Utilities BID TO: CITY OF PALM SPRINGS,CALIFORNIA The undersigned Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreement with the City of Palm Springs in the form included in the Contract Documents (as defined in Article 4 of the Agreement) to perform the Work as specified or indicated in said Contract Documents entitled, TRADE BID FOR: PALM SPRINGS CONVENTION CENTER EXPANSION PHASE It PROJECT NO. 02-27 Bidder accepts all of the terms and conditions of the Contract Documents,including without limitation those in the Notice Inviting Bids and Instructions to Bidders, dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, Performance Bond, and Permits required by the Contract Documents Bidder has examined copies of all the Contract Documents including the following Addenda (receipt of which is hereby acknowledged): Number r'1" Date MARCH 2, 2004 Number "2" Date MARCH 5, 2004 Number "2-2" Date MARCH 9, 2004 • Number "3" Date MARCH 9, 2004 Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work,the site,the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as Bidder deems necessary. In conformance with current statutory requirements of California Labor Code Section 1860,at seq.,the undersigned confirm the following as its certification: I am aware of the provisions of Section 3700 of the 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 before commencing the performance of the Work of this Contract. To all the foregoing, and including all Bid schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents,and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s). Date: MARCH 22, 2004 Bidder: HCI, IN/C. f/t� By: (i1T J t/ Isignawml Title: JOHN MARTIN, VICE—PRESIDENT • TRADE BID TRADE BID FORMS - 2 TRADE BID SCHEDULE Lump Sum Price for Construction of The Palm Springs Convention Center Expansion Phase II Project No. 02-27 in the City of Palm Springs, California TRADE BID PACKAGE NO.: 2 TRADE BID PACKAGE DESCRIPTION: Dry Utilities TOTAL BID PRICE - (INCLUDING PERFORMANCE AND PAYMENT BOND PREMIUM) - $ 114,406.00 Pnce m figures ONE HUNDRED FOURTEEN THOUSAND, FOUR HUNDRED SIX AND NO CENTS. Price in words Pdce in words • BIDDER: HCI INC. BY: Signature TITLE: JOHN MARTIN, VICE—PRESIDENT DATE: MARCH 22, 2004 • City of Palm Springs TRADE BID SCHEDULE - LUMP SUM PRICE TRADE BID FORMS - 3 • INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As required under Section 4100, et. seq., of the Public Contract Code, the Bidder shall list below the names and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work which will be done by such subcontractor. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection. Contractor Percent License Of Total Work to be Performed Number Contract Subcontractor's Name & address 1. SAWCUTTING 568673 1% PENHALL 1801 PENHALL WAY ANAHEIM, CA 92801 2. 3. • 4. 5. 6. 7. 8. • City of Palm Springs LIST OF SUBCONTRACTORS TRADE BID FORMS - 4 • NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY OFFEROR AND SUBMITTED WITH PROPOSAL State of California ) ss. County of RIVERSIDE ) I, JOHN MARTIN being first duly sworn, deposes and says that he or she IS VICE-PRESIDENT of HCI, INC. the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid • depository, or to any member or agent thereof to effectuate a collusive or sham bid. BIDDER HCI, INC. BY TITLE JOHN MARTIN VICE-PRESIDENT ORGANIZATION HCI, INC. ADDRESS P.O. BOX o38/3166 HORSELESS CARRIAGE .DRIVE, NORCO, CA 92860 SUBSCRIBED AND SWORN TO BEFORE ME THISZLPDAY OF MAi2L4 ZOO"/ KEITH WOODWARD�: t Z '✓� p COMM f #1401359 NOTARY PUBLIC IN AND FOR SAID _ . NOTARY PUBLIC-CALIFORNIA 0 COUNTY AND STATE RIVERSIDE COUNTY , My ComnimWon ExOm Feb.U,2007: MY COMMISSION EXPIRES: City of Palm Springs NON-COLLUSION AFFIDAVIT TRADE BID FORMS - 5 BID BOND KNOW ALL MEN BY THESE PRESENTS, That HCI, INC. as Principal,and FIDELITY AND DEPOSIT COMPANY OF MARYLAND _ as Surety, ere held and firmly bound unto The City of Palm Springs, hereinafter called the "City" in the sum of (state in words and figures) TEN PERCENT OF THE TOTAL AMOUNT OF THE BID t 10% ••..— —�.._ RM pxdwa 1 0%!of,a+++mowu w wsopo�) 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 Principal has submitted a bid to said City to perform the Work required under the bidding schedule of the City's Contract Documents entitled: PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II Ciry Project No. 02.27 NOW THEREFORE,if said Principal is awarded a contract by said City, and, within the time and in the manner required in the "Notice Inviting Bids" and the 'Instructions to Bidders' enters into a written Agreement on the form of agreement bound with said Contract Documents, furnishes the required Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and void, otherwise it shall remain in rull force and effect. In the event suit is brought upon this bond by said City and City prevails, said Surety shall pay all Costs incurred by said City in such suit, including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED, this 22ND day of_ MARCH �004 HCI, INC. —ISEAL) By. . d (SEAL) (Signature) JOHN MARTIN, VI ESIDENT (SEAL) mcipaq FIDEL14 AND D P IT COMPANY OF MARYLAND (SEAL) ' ISuretyl ' By. J. . Job on, ISrgnaturiaAttorney-in-Fact SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY (Signature) BID BOND City of Palm Springs BID TRADE FORMS • 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California S.S. County of Riverside On rZZ o� before me, Keith ntl Woodward-Notary Public ) Nale Name a Tl�la of Ofllce,(o g..'Jane Ooe.Nolary Pubilublld personally appeared ab�4,-) 0 1 ,� Nama(a)of sp.r(* [J.personally known to me evidence to be the person(s)whose name(s)is\are *************************************; subscribed to the within instrument and KEITH WOODWARD : acknowledged to me that he\she\they executed o COMM#1401359 N the same in his\her\their authorized NOTARY PUBLIC-RIVERSIDE COUNTY . capacity(ies);and that by his\heAtheir amy CommOeion Expi("Fib.18,2007*. signature(s)on the instrument the person(o,,or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand an�sL.,'I Plan NolarySeal Mon rJl'/i,/�'� Slgnalureol NolaryPubllc OPTIONAL Though the information below is not required bylaw,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: Signer(s)Other than Named Above: Capacity(ies)Claimed by Signer Signer's Name. Individual Top of thumb her. Corporate Officer—Title(s): Partner—Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: ©19W Nal wW%ti q A..uMon-9350 De Solo Avenue-Chakoweh.CA 91313-2404 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } } ss. County of Orange } On March 22 2004 before me, MELINDA B. HARVEY, Notary Public Dale Name and Title of Officer(e.g.,'Jane Doe,Notary Public") Personally appeared J.W.JOHNSON ® personally known to me ❑ pritaied to me on the bas44fsatisfactery evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her/their authorized MEUNDA a. HARWY capacity(ies), and that by his/her/their Commission# 1296197 z signature(s) on the instrument the person(s), i -s Notary PUbliC -California or the entity upon behalf of which the orange County person(s)acted, executed the instrument. OMy Comm.Expires Mar 6,2005 W!/'11II NEN/ES{S my an and official seal. Place Notary Seal Above 1 Signature of Notary Public OPTIONAL Though the information below is not required bylaw,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: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer-Title(s): ❑ Partner---❑Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: 7 Signer is Representing: 91997 National Notary Association•9350 Desoto Ave,P.O.Box 2402•Chatsworth,CA 91313-2402 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by PAUL C.ROGERS,Vice President, and T.E. SMITH,Assistant Secretary,in pursuance of authority granted by Article Vl, Section 2,of the By-Laws of said Company,w set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d ate, constitute and s 4 ' appoint J.W.JOHNSON,of Fullerton,California, its true and lawfiil -in- o make,execute,seal and deliver,for, and on its behalf as surety, and as its a�annd PIrly ngs and the execution of such bonds or undertakings in pursuance of these a as ompany,as fully and amply,to all intents and purposes, as if they had be � a a elected officers of the Company at its office in BaltimQ owr { n . s power of attorney revokes that issued on behalf of J. W.Johnson,date r 1 U. The said Assistant cr 0 t the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- a C any,and is now in force. IN WITNESS OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 19th day of February, A.D.2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'gyp OEPps� o � 0 1iM T W 4h.m� /[ . By: T. E. Smith Assistant Secretary Paul C.Rogers Vice President State of Maryland 1 ss: City of Baltimore f On this 19th day of February, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 4Y�W Sandra Lynn Mooney Notary Public My Commission Expires: January 1,2004 POA-F 012-4152 ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is S_waived_. This amount is reflected in the total premium for this bond. Disclosure of Availabilitv of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: I. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life,property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier(as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed$5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 -0050749.doc Palm Springs Convention Center Expansion Phase II City Project 02-27 List of Applicable Documents For Trade Bid: #2 Dry Utilities Awarded to: HCI, Inc. ® Bid Package 1, with drawings ® Addendum No. 1, with drawings ® Addendum No. 2 ® Addendum No. 2-2, -10, -12 ✓ 0 Addendum No. 3, with drawings O Addendum No. 3-3 O Addendum No. 3-7 O Addendum No. 3-10 O Addendum No. 3-12 O Addendum No. 3-13 O Addendum No. 3-17 O Addendum No. 3-24 0 - 4 CITY OF PALM SPRINGS 3200 EAST TAHQUITZ CANYON WAY PALM SPRINGS, CA. 92262 PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CITY PROJECT NO. 2-27 NOTICE TO PRE-QUALIFIED TRADE CONTRACTORS Trade Bid #2 Dry Utilities, Trade Bid #10 Structural Steel, Steel Joist, Metal Decking & Misc. Metals, and Trade Bid #12 Metal Stud Framing & Drywall, EFTS, GFRG, Insulation and Fireproofing ADDENDUM NO. 2-2, 2-10 and 2-12 THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE PLANS AND SPECIFICATIONS ARE TO BE INCLUDED IN THE ORIGINAL DRAWINGS AND SPECIFICATIONS. THIS ADDENDUM SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED DRAWINGS AND SPECIFICATIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. A. Bid closing date for the above listed Trade Bids ONLY has been changed from March 16, 2004 to March 23, 2004. Bid times to remain the same as noted in the Notice to Pre- Qualified Trade Contractors, dated February 10, 2004 and February 17, 2004, that are as Follows: Trade Bid#2 - 1:30 p.m., Trade Bid#10—3:00 p.m. and Trade Bid#12— 3:30 p.m B. BIDDERS SHALL ACKNOWLEDGE RECEIPT OF THIS ADDENDUM IN THE BID FORM ON TRADE BID FORM 2. BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA HAROLD E. GOOD, CPPO Director of Procurement & Contracting DATE: March 9, 2004 1of1 a ON STATE OF CALIFORNIA ' llrf! =O^O i i�lc�l=r or n�. o -- — s . va Ia�LV.7lltll'fa.a RLL.AIIV7VD j3uMgi n 2206-A OFFICE OF THE DIRECTOR a CERTIFICATE OF CONSENT TO SEMINSURE HCI, INC. (a California corporation) THIS IS TO CERTIFY, That Subsidiary of Lombardy Holdings,Inc. - Certificate No.: 2206 has complied with the requirements of the Director of Industrial Relations udder the provisions of Sections 3700 to 3705, inclusive, of the LAbor Code of the State of California and is henry granted this Certificate of Consent to Self-Insure. ThiS certificate may be revoked at any time for good cause shown.' '] EFYWTIYR] � DEPIENT tPW INDI,IfiT�RIAL RELATIONS //�/ TNE`G2ATE�F¢RLiFQ►iNIA o 7liE_-1YJ.lnAY O�rfll llP „ 9� }J��([JGw\'�"/'� r�'(♦{/1 �--"'�•`• / t JOLIN C. DUNCAN AcimaetR+GrM y 1 mikk a. A H RAF7" -- +Revocation of featiHMs"WA oertifieste of comart to s g-Imure may be MAW by the Director of Indurkial Maims at pnY time for Rood cause after a hearing.Goad muse iodudes,among other things, the a vmeot of the solvencY of such emPIOM,the fnabiliiy of the emplo to fulEfl his abliRatinm.or the practice by such employer or his agent in charge of the flan aE abIiiGaGans under tlds division of any o the[alkrwing: (a)Hab3hully awl a+a matter of o practice and custom indutdng claimants for compensation m accept hoc than the compensation due or making It necessary for tbem to resort W proeee UnO aegRainst the emplU to argue the Iwmpenssti(n due; (h) Discharging his compensation obliRatfom In a dishonest carmen le) Discharging his compensation obligations in such a manner as to cause i_ jmy to the public or throe dmkg with bta' (Station 3TJIE of labor Code..) Ilia Gertitata may be revoked fro noncmapimee with Tide S. California Administrative Code, Croup 2—Admiaistation of S44� Supersedes Certificate No. 2206-A,previously issued to Hood Communications,Inc. FOan A-a-IU A 8]4047 PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CITY PROJECT NUMBER: 02-27 TURNER PROJECT NO. 8640MA TRADE BID NUMBER: 2 DRY UTILITIES February 6, 2004 SCOPE OR WORK PROVISIONS 2-DRY UTILITIES A. Scope of Work shall include, but not be limited to,the following Contract Documents: 1. All conditions as set forth in the City's Bid Package 2 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 Dry Utilities 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. 1 PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CITY PROJECT NUMBER: 02-27 TURNER PROJECT NO. 8640MA TRADE BID NUMBER: 2 DRY UTILITIES February 6, 2004 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 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 Dry Utilities 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) This Work includes, but is not limited to, all the Work specified in Section(s) 01732, 01735, 02222, 02300 and 02317 of the Specifications. Trade Contractor will include all governing agency specifications and standards. 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 Dry Utilities to meet all the criteria of the Contract Documents, Exhibits, and all governing agencies. 8. Provide the complete Selective Demolition of the Dry Utilities work to meet all the criteria of the Contract Documents, Exhibits, and all governing agencies. Selective Demolition must be coordinated with the Site Demolition and Grading, Wet Utilities, Plumbing and Electrical Trade Contractors and other Trade Contractors to ensure the areas before, during and after demolition 2 PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CITY PROJECT NUMBER: 02-27 TURNER PROJECT NO. 8640MA TRADE BID NUMBER: 2 DRY UTILITIES February 6, 2004 are safe for work to continue. Coordinate all Area, Utility, Service and Equipment shutdowns with Turner, and other Trade Contractors 9. 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. 10. Parking will be included in areas designated by the Project Superintendent at the City's discretion. 11. Remove general debris and leave Work area broom clean on a daily basis. Trade Contractor shall deposit all debris in trash bins. 12. 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. 13. A City Business License must be obtained within 10 business days after the start of the project. 14. Move-ins: As required to meet the schedule and performance of the Dry Utilities portion of work. 15. 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. 16. 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. 17. Work to be performed in areas: All Work areas shown or on Contract Documents. 18. 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. 19. Include traffic control, flagmen and staging for all activities, vehicles and equipment related to your work including deliveries. 20. Delivery of materials and equipment shall be scheduled and coordinated with Turner. 21. Provide layout/verification as required for the work unless noted otherwise. Reference lines and grades only will be provided City's surveying. Provide any required grade/elevation surveys. 22. All excavations shall be shored and braced as required. Loadings from existing structures and utilities and services shall be accounted in the shoring and bracing requirements. Engineered plans for shoring and bracing shall be provided if required. Provide required access/egress/ventilation into all trenches, excavations or confined spaces for all workers and governing agency inspections. 23. All required utility and systems shut-downs, or all area closures are to be scheduled and coordinated in advance with all agencies having jurisdiction of the work, including, but not limited to, the City, Building Department, Engineering, Public Works, Fire Department, Verizon, SCE, Gas Company, DWA, Fire Alarm Monitoring, Building Management Systems, Security and other agencies having jurisdiction, and with the Convention Center through Turner. Perform shut- downs and closures related work on off-hours, or approved schedule time frame as not to 3 PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CITY PROJECT NUMBER: 02-27 TURNER PROJECT NO. 8640MA TRADE BID NUMBER: 2 DRY UTILITIES February 6, 2004 disruption of the facility or its systems and operations, as required. Provide 72 hour notification for any scheduled shut down. 24. Storage space on site is extremely limited. Use, placement and size of Trade Contractor jobsite office trailers and storage bins shall be reviewed and approved by Turner, and may not be allowed. Storage area will be located at the 5 Acre East Lot located at the Southeast corner of Avenida Caballeros and Amado Road, as noted in the Proposed Site Logistic plan, dated February 6, 2004. Limited Office Trailer space is available to the Trades that are required to provide onsite jobsite offices as noted in the Temporary Utilities for Construction Purposes (Exhibit F), dated February 6, 2004. 25. Notify DIGALERT (1-800-277-2600) a minimum of two (2) days before commencement of all excavating or trenching. 26. Provide on-site dust control and clean-up of soil, including the adjacent sites and streets, during the execution of the work. The PM-10 and SWPPP plans will be provided and maintain by the Site Demolition and Grading Trade Contractor through the duration of the project. However, coordination, removal and replacement of PM-10 and SWPPP measures to accommodate your work will be this Trade Contractor's responsibility. Coordinate your work, including impacts to the above plans with the Site Demolition and Grading Trade Contractor prior to start of your work. 27. All clean up of streets, adjacent properties and site debris, generated by execution of its work will be the responsibility of this Trade Contractor. 28. Provide all water required for construction, including dust control. The temporary water consumption costs will be paid for by the City of Palm Springs. 29. Protect in place all new and existing work within the demolition and construction limits, and the existing Convention Center that will be remain, reused, reworked or reconnected, unless otherwise noted. 30. Protect all site structures, including, but not limited to, cleanouts, manholes, Porte Cochere 100 AMP service, inlets, gas meters, transformers, devices, water valves, irrigation meters, water valve cans, vaults, pullboxes, within the demolition limits that remain, reuse, rework, or relocate, unless otherwise noted. 31. References to Utilities Trade Contractor shall mean Dry Utilities Trade Contractor. References to Dry Utilities Trade Contractor shall mean Utilities Trade Contractor, 32. Specifically refer to Cutting and Patching, specification section 01732, and Selective Demolition, and Appendix Demolition Photographs, specification section 01735 for additional demolition, patching, reuse, rework or reconnect work required by your scope of work. 33. Site shall be enclosed with construction fencing with the boundaries conveyed on the proposed Site Logistic plan, dated February 6, 2004. All temporary removal, relocation and replacement of fencing to perform your work will be this Trade Contractors responsibility. Coordinate removal, relocation and replacement of fencing with Turner 72 hours in advance of commencement of work. 4 PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CITY PROJECT NUMBER: 02-27 TURNER PROJECT NO. 8640MA TRADE BID NUMBER: 2 DRY UTILITIES February 6, 2004 Specific Scope: 1. Provide all layout, sawcutting, demolition, removal, relocation, excavation, backfill, recompaction, conduit, fittings and related components, pull strings, equipment, pullboxes, structures, asphalt patch, striping and all other appurtenances required for a complete fully functional code complying Dry Utilities System in strict accordance with 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 trenching, including sawcutting, breaking and removal of existing paving, excavation, shoring, bedding material, backfill, and compaction relative to underground Dry Utilities work. Include removal of spoils and demolished material from the jobsite. 3. Provide new Edison vault and (2) 5" and (1) 1-1/2" conduits along the westerly public right of way at Avenida Caballeros north of Andreas Road, east of the site. Conduits will be installed jointly in the trench with the Verizon line shown on the Contract Documents. The conduits will be terminated in the existing Edison vault at Amado Road. All Work associated to complete Edison work including sawcut, demolition, compaction, coring, grouting and concrete pour back is included in this scope of Work. 4. Provide (2) 4" conduits with vaults and pullboxes from the Verizon vault located on westerly public right of way at Avenida Caballeros north of Andreas Road, east of the site. The Conduits will be terminated in the telephone room within the building. All Work associated to complete Verizon work including sawcut, demolition, compaction, coring, grouting and concrete pour back is included in this scope of Work. 5. Provide (2) 5" conduits with concrete pad and pullboxes from the Edison vault located on southerly public right of way at Amado Road, west of Avenida Caballeros, north of the site. Conduits will run west to approximately Building gridline H.9 and cross Amado Road north to North Parking lot located at the northeast corner of Amado Road and Calle Alvarado. Provide concrete encasement of conduits at street crossing. The conduits will be terminated at the meter and service where 3" conduit is shown for SCE extension, shown on the City's North Parking Lot Contract Documents, sheet 12 of 19. This work must be coordinated with the City Building, Engineering and Public Works Department'. All Work associated to complete Edison work including sawcut, demolition, compaction, coring, grouting and concrete pour back is included in this scope of Work. 6. Provide new conduit and wiring for City street lights at Avenida Caballeros. 7. Provide coordinating of shared joint utility trenches with Wet Utility Trade Contractor and governing agencies. 8. Provide all cutting, drilling, patching, grouting, and repair as required for installation of the Work. 9. Provide and maintain steel plates over trenches and traffic control with advance notice signage throughout the duration at all areas of the Dry Utility work. 10. Provide and maintain delineators and caution tape for trenching at all times for the duration of your work. 11. Locate and support all existing utilities adjacent to and crossing the trench. Extreme care shall be taken to avoid damage to any existing utilities. Where indicated and as required, cut and cap, or relocate, any existing utilities. Pothole as required to locate existing utilities. 5 PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CITY PROJECT NUMBER: 02-27 TURNER PROJECT NO. 8640MA TRADE BID NUMBER: 2 DRY UTILITIES February 6, 2004 12. Provide removal, backfill and compact all abandoned Verizon & SCE conduits, vaults, pullboxes, structures, after relocation of the Dry Utility scope of work. 13. Include removal of all demolished material from the jobsite. 14. Excavated materials shall be stockpiled at a location designated by Turners Superintendent. 15. A clear fire road (minimum 20 ft. in width) must be maintained at all times. The trench width/location shall be adjusted and pipes stacked if necessary to maintain this width. All operations shall be conducted to maintain this access at all times. 16. Provide dewatering of any existing ground water or water introduced into the trench. 17. Provide conduit bedding material as specified. 18. Perform all backfill of all trenches with approved materials capable of attaining required compaction levels. Provide sand/cement slurry and concrete if indicated. Backfill elevation shall be to subgrade of concrete/base and A/C paving/base, or to planter grade. 19. Provide warning tape as shown and specified. 20. All excavations shall be protected from fall hazards at all times with portable barricades, plating or fence panels. OSHA approved access into and out of the trench shall be provided at multiple locations as required. 21. All excavations shall be protected at all times from surface water intrusion. Provide sandbags to protect the trench or reroute surface water. Provide temporary piping over/thru the trench to channel water. As required, reroute any existing downspouts, scuppers, etc. at adjacent buildings that may introduce water into the trench. 22. Provide man-bridges and trench plates across excavations where required for construction progress of work and convention deliveries and staging. All trench bridging shall have handrails and as required, to allow workers/pedestrians access across the trench. 23. Provide extensive safety pre-planning for all operations. Provide daily safety inspections of the site and any ongoing operations. 24. Provide temporary asphalt patching as required. Provide the permanent A/C paving and striping after the work is complete to return the roadway at Amado Road crossing to its original condition. Base and paving sections shall match existing. The concrete curb, gutter and flatwork will be performed by others. 25. Provide all hoisting for your work as needed. 26. Provide flagmen as required to control construction traffic and protect the workers and the public. 27. Provide temporary asphalt patching as required. Provide the permanent A/C paving and striping after the work is complete to return the roadway at Amado Road crossing to its original condition. Base and paving sections shall match existing. The concrete curb, gutter and flatwork will be performed by others. 6 PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CITY PROJECT NUMBER: 02-27 TURNER PROJECT NO. 8640MA TRADE BID NUMBER: 2 DRY UTILITIES February 6, 2004 28. Provide bringing the grade back to +/- 1/10th of the existing grade accepted upon the beginning of the Dry Utilities portion of the project in all areas your work is performed. 29. Provide all temporary power as required for the work. 30. Maintain the roadways and walkways within the fenced area and adjacentloutside the fenced area in a clean and safe condition. Provide street sweepers if required. 31. Provide sawcutting, patching and repair to curbs, gutters, sidewalk and paving where damaged by this Work. All excess spoils (to be disposed onsite) and debris generated by this Work is to be removed and legally disposed of. Backfill with specified compaction to grades, which existed prior to trenching. Provide sufficient cover or metal plates so as to allow construction traffic (backhoe, concrete trucks, etc.) access over underground piping without causing damage to the Work, or creating a safety hazard. 32. Provide concrete encasement and slurry as required. 33. Provide wrapping of any conduit encased in concrete as required. 34. Provide adjustment of existing and dry utilities structures to new grades, including, but not limited to, existing southeast parking lot where parking lot has changed to new lawn area and grades and finishes have been revised. 35. Provide demolition of all abandoned piping and structures. 36. Provide all layout and engineering for your work from control lines established by others. All survey control, including benchmarks, lines and grades, lost or damaged by this Trade Contractor's operation will be this Trade Contractor's responsibility. 37. Provide intermediate as-built of utilities located near new exhibit hall expansion east wall footings. As-built will be submitted to Turner prior to wet utility, excavation of footing and tree installations. 38. Coordinate all SCE and Verizon inspections and work. 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 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: 7 PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CITY PROJECT NUMBER: 02-27 TURNER PROJECT NO. 8640MA _ TRADE BID NUMBER: 2 DRY UTILITIES February 6, 2004 1. Include a cost allowance of$5.000.00 Dollars for Work to cut/cap/ relocate miscellaneous utilities items not already indicated on the Contract Documents. Work to be performed at the direction of Turner's Superintendent. 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. Rough Grading 5. Site Lighting 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 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. 8 PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CITY PROJECT NUMBER: 02-27 TURNER PROJECT NO. 8640MA TRADE BID NUMBER: 2 DRY UTILITIES February 6, 2004 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. I. Schedule 1. All Work is to be performed in accordance with the Master Project Construction Schedule, Exhibit 8, 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 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 badging 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. Review Utility Drawing notes: New systems to be operational before existing to be removed or abandoned, as such, additional move-ins, down-time, and phasing should be included to complete. 9 PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CITY PROJECT NUMBER: 02-27 TURNER PROJECT NO. 8640MA TRADE BID NUMBER: 2 DRY UTILITIES February 6, 2004 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 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($595 per person). M. Project 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. 10 PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CITY PROJECT NUMBER: 02-27 TURNER PROJECT NO. 8640MA TRADE BID NUMBER: 2 DRY UTILITIES February 6, 2004 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. 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 11 Client#: 41389 HCIINC �t b.,0 ACORD,M CERTIFICATE OF LIABILITY INSURANCE 4/510`4M'°°""""' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Armstrong/Robitaille Bus&InsSv ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 680 Langsdorf Drive#100 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 34009 Fullerton, CA 92834-9409 INSURERS AFFORDING COVERAGE NAIC# INSURED HCI, INC. INSURERA St Paul Fire&Marine Insurance Comp INSURER B. P.O. Box 638 INSURER C: Norco, CA 92860-9998 INSURER O: INSURER E: COVERAGES 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION GATE MMIDDIYYI DATE MMIDDIYYI LIMITS A GENERAL LIABILITY KKO8301938 04/15/03 04/15/04 EACH OCCURRENCE S1000000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $1 OO ODD PREMISES Ea ocwrr n e CLAIMS MADE 51 OCCUR MED EXP(Any one person) $5 000 X BI/PDDed:50000 PERSONAL&ADV INJURY $1000000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2000000 POLICY X PRO- JECT X LOC A AUTOMOBILE LIABILITY KKOB301938 04/15/03 04/15/04 COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per acclderi GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHERTHAN EA ACC $ AUTO ONLY' qGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ S DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS'LIABILITY —11 RV I! ER ANY PROPRIETORIPARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? EL.DISEASE-EA EMPLOYEE S If yes,describe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: City Project#02-27-2, Palm Springs Convention Center Expansion Phase II, Dry Utilities Certificate holder and Turner Construction Company are named as additional insureds as respects general liablity as required by written contract, per (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Ten Day Notice for Non-Payment of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Palm Springs DATE THEREOF,THE ISSUING INSURER WILL ENARRX)D7PA*11. _Rn DAYS WRITTEN Department of Procurement NOTICE TO THE CERTIFICATE HOLDERNAMED�p THE LEFT,BIKX-7FXXkXRXR RX5ttiWXXX and Contracting naXRXXMO(P tm�afpceeiBWAX�wX&I r8Oegx/9UfpNtljDFpPXp(XX�i,xRFXXDMe4iFHR3c XXX 3200 Tahquitz Canyon Way e18eiRXXW"-Vx9xX/ < =— Palm Springs, CA 92262 AUT�OR1 E ESENTATWE ..-- ACORD 25(2001/08) 1 of 3 #S235577/M201862 - __ . KVO"�-''© AO D-CORP'ORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this 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. AGORD 25-S(2001108) 2 of 3 #S235577/M201862 COPY ADDITIONAL PROTECTED PERSONS ENDORSEMENT — CONTRACTORS TMeStF9ul GENERAL LIABILITY — INCLUDING COMPLETED WORK This endorsement changes your Contractors Commercial General Liability Protection. Now Coverage Is Changed architect, engineer, or surveyor professional services. There are two changes which are described Architect, engineer, or surveyor below, professional services includes: 1. The following is added to the Who Is • the preparation or approval of maps, Protected Under This Agreement section. drawings, opinions, reports, surveys, This change adds certain protected change orders, designs, or persons and limits their protection. specification; and • supervisory, inspection, or engineering Additional protected person. The person or services. organization named below is an additional protected person as required 2. The following is added to the Other by a contract or agreement entered into primary insurance section. This change by you. But only for covered injury or broadens coverage. damage arising out of: • your work for that person or We'll consider this insurance to be organization; primary to and non-contributory with the • your completed work for that person insurance issued directly to additional or organization if your contract or protected persons listed below if: agreement requires such coverage; • your contract specifically requires that • premises you own, rent, or lease from we consider this insurance to be that person or organization; or primary or primary and non- contributory; or • your maintenance, operation, or use of you request before a loss that we equipment leased from that person or consider this insurance to be primary organization. or primary and non-contributory We explain what we mean by your work insurance. and your completed work in the Products and completed work total limit section. Other Terms If the additional protected person is an All other terms of your policy remain the architect, engineer, or surveyor, we won't same. cover injury or damage arising out of the performance or failure to perform Person Or Organization; Any person or organization you are required in a written contract to show as an additional protected person. Name of Insured Policy Number KKO8301938 Effective Date 04/15/03 HCI, INC. Processing Date 04/24/03 14: 12 001 G0322 Rev. 12-97 Printed in U.S.A. Endorsement ©St.Paul Fire and Marine Insurance Co.1997 All Rights Reserved Page 1 of 2 Apr-13-04 12:49pm From-HCI INC, w 9095204301 T-203 P.02/H F-366 STATE OF i',�LXORNIA Grav Davis, Govemor DEPART'AUNT OF INDUSTRIAL T2ELATTONS SELF-INS 11RANCE PLANS 2265 Wa¢F,,"nue, Suite L S •� Sacramento, CA 95825 Phone No. 016)483-3392 FAX (9I6) 433.1535 CERTIFICATION OF SELF-INSTl RANCE OF WORKERS' COMPENSATICia TO WHOM TT MAX CONCERN: This certifies that Certificate of Con.nent to Self-Insure No. 2206-A was issued by the Director , )f Industrial Relations to : HCI, Inc . under the provisions of Section 3700, i,abor Code of California, on 6115193 . The Certificate is now and has been in full force and effective since that date. Dated at Sacramento, California This 10`A day of July, 2003 MARK T. JOHNS , Manager Self Insuran e Plans MBA/dy