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04851 - MARINA LANDSCAPE CONVENTION CENTER EXPANSION PHASE II CP02-27-07
CITY OF PALIVI SPRINGS PALM So%-zS CONVENTION CENTER EXPASty PHASE II CONSTRUCTION CHANGE ORDER To: Marina Landscape, Inc. Date: June 14, 2005 1100 E. Katella Avenue Project No. 02-27 I Anaheim, CA 92815 Change Order No. 3 Purchase Order No. 416607 Attn: Yvonne Tran Agreement No. A4851 Account No. 4283-50003 i Description of Change to be Made: I Description AddlDeduct Amount 1. Incorporate Issued for Construction Plans Volumes 1 of 3, 2 of 3 &3 of 3 and Add: $ 6,990,00 Project Specifications Volumes 1 of 2 &2 of 2 dated May 10, 2004 into your firm's Scope of Work. 2. Reconcile unused Landscape/Irrigation Allowance noted in Specs. and Scope of Deduct: $ (10,500,00) Work documents. 3. Incorporate gravel changes at Turf Block. Add: $ 8,570.00 4. Provide credit for Hydroseeding. Sad provided in lieu of Hydroseeding by others. Deduct: $ (1,860,00) 5. Resolve Landscape Maintenance at S/E. Marina agrees to complete 90 days Add: 8 0.00 maintenance of Southeast lawn area. 6. Provide SS floor mounted Irrigation Control Box In accordance with MBA's Add: $ 2,040.00 revision. 7. Repair existing irrigation at location where new drywell was excavated under PCO Add: $ 0.00 #240. Provide new future irrigation valve at existing area. 8. Provide credit for removal & demolition of four(4) existing palm trees, by others, Add: $ 0.00 which were to be relocated to tree farm. Two (2)trees to be at tree farm to be deposed. TOTAL ADD: $5.240.00 AUTHORIZATION FOR CHANGE: PCO's: 1) 1, 2) 9; 3) 240; 4) 513; 5) 514; 6) 530; 7) 547; 8) 677 Summary of Cost/Time Original Contract Price $ 381,800.00 Total of all Previous Change Orders S 4,857.00 Total of this Change Order $ 5,240.00 Total Contract Price $ This Change Order (increases) (decreases) (unchanged) the contract time Icy 0 working,days. I. I have received a copy of this Change Order Constr. Managercf I - and the above AGREED PRICES are acceptable Approval: , Date: to the contr�tor. Turner , struc 'o om ny �— City App val: Bv: � > Submitted By: Date: � ''-Z C ,�_ s Ow r epr- FitC�J !Title: ��7tn,�w � 7� ��c �v/1h ao ADproveo by: DateDate: ��e� � �+ - Proj AOminis FR Cistribuuon: - d evu�ti�b.,ter -'nainal Conformed Caoies -- - - _ ,onrormed - pile Co v • �;tv ,-!ark 1! �,oiect,;arninisiraior 1:ntramor TEST- ' ocuremeni &Contracting '��PROVEDByCJTYW�1OL • =nonce � wners Reoreseneahve =tt,_�1} �`:�P�6)i �i,,4.1�'t,tiIp v City-CGeri,, urnerConsTrucilon �`' �f` e . � �-; ,�,. �� ❑[ �' t.) f..i th,. � (.J-,.: L�J OJ ;1� f'�l :i.:LJ :'-���_ �, to _ __, �q "U r b CV n.u' i .�,r�v�.,.�mn��=,.�,v=.. � � � �� .,. a.5-...,��� �. .� +— I I i I I M E M O R A N D U M i I TO: Mari Lynn Boswell Procurement FROM: Kathie Hart Chief Deputy City Clerk DATE: October 10, 2005 SUBJECT: Marina Lanscape, Inc. Change Order 3, Incr $5,240.00 A4851 i cc: Jay Thompson, City Clerk i File I Attached is a copy of the above referenced change order. We have retained the original our files. i Please feel free to contact me if there are any questions, ext. 8206. I /kdh i attach. I I I I I I j PW CITY OF PALM SPRINGS PALM SPRINGS CONVENTION CENTER EXPANSION PHASE If CONSTRUCTION CHANGE ORDER To: Marina Landscape, Inc. F-,c, ej�v bate: September29, 2005 1100 E. Katella Avenue Project No. 02-27 Anaheim, CA 92815 �� Change Order No. 4 (Page 1 of 2) Purchase Order No. 416607 Attn: Ali Agreement No. A4851 TURNSP 00WSTI`aj.t"'I count No. 4283-50003 Description of Change to be Made: Description Add/Deduct Amount 1. Reconcile water meter bill for water meter at tree farm. Add: $ 2,959.00 2. Provide credit for one (1) palm tree at SE site. Deduct: $ (0.00) 3. Backcharge to repair damaged PSCC Verizon line to electronic sign. Deduct: $ (404.00) 4. Backcharge to repair damaged sidewalk at east site.. Deduct: $ (3,000.00) 5. Provide three (3) additional palms, including irrigation at E. Elev. of Exhibit Add: $ 7,388.00 Hall. 6. Backcharge cost for unauthorized water use at meter on 4/16/05. Deduct: $ (260.00) 7. Install additional boulders & cobbles at Rock Wall. Type, size & location Add: $ 38,354.00 of boulders determined by Landscape Architect, 8. Revise landscaping at SW site adjacent to Mesquite A. Add: $ 2,750,00 9. Work overtime on Saturday, 7/16/05. Add: $ 781.00 10. Work overtime on Saturday, 7/30/05. Add: $ 399.00 11. Backcharge cost to replace sidewalk at Amado damaged during boulder Deduct: $ (1,485.00) placement. 12. Work overtime on gaturday, 8/6/05.' Add: $ 795.00 13, Relocate existing palms to City yard. Add: $ 0,00 14 Work overtime on Saturday, 8/13/05. Add: $ 349.00 15. Repair irrigation & sod at south elev. at location where site concrete was Add: $ 1,485.00 removed & replaced. TOTAL ADD: $50,111.00 AUTHORIZATION FOR CHANGE: PCO's: 1) 488, 2) 583; 3) 613; 4) 640; 5) 642; 6) 761; 7) 791; 8)824; 9) 855; 10) 908; 11) 932; 12) 939; 13) 948; 14) 961; 15) 996 (continued on next page) CITY OF PALM SPRINGS PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CONSTRUCTION CHANGE ORDER To: Marina Landscape, Inc. Date: September 29, 2005 1100 E. Katella Avenue Project No. 02-27 Anaheirn, CA 92815 Change Order No. 4 (Page 2 of 2) Purchase Order No. 416607 Attn: Ali Agreement No. A4851 Account No. 4283-50003 SummarV of Cost/Time Original Contract Price $ 381,800.00 Total of all Previous Change Orders $ 10,097.00 Total of this Change Order $ 50,111.00 Total Contract Price $ 442.008.00 This Change Order(increases) (decreases) (unchanged) the contract time by 0 f working days. I have reggeived a copy of this Change Order Constr. Manager: and the bbove AGREED PRICES are acceptable Approval: �r , Date: to the—a tractor. Turner 6o sff k ion to pany V City Appr al: By: Submitted By: O Date: LL z S �- fo6LFT cw Owne 's Represent Live Title: i Kr-SIP J+l'I" / Approved by: Date: Date: 11/0 I Ads Pro'ec�t A ministrator �� ms,afs��� Distribution: Original Conformed Copies Conformed - File Copy City Clerk (1) Project Administrator (1) Contractor (1) Procurement& Contracting (1) Finance (1) ATTEST: Owner's Representative (1) Turner Construction (1) ,City Clerk APPROVED UY CITY COUNCIL CITY OF PALM SPRINGS PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CONSTRUCTION CHANGE ORDER To: Marina Landscape, Inc. Date: June 4, 2004 1100 E. Katella Avenue Project No. 02-27 Anaheim, CA 92815 Change Order No. 1 Purchase Order No. 416607 Attn: Yvonne Tran Agreement No. A4851 Account No. 4283-50003 Description of Chanqe to be Made: Description - Add/Deduct - Amount 1. Repair water meter. Marina's water truck driver stripped threads off Deduct: $ (168.00) temporary water meter. 2. DWA charge for unauthorized water use on May 5, 2004. Deduct: $ (520.00) TOTAL DEDUCT: ( 678.00 AUTHORIZATION FOR CHANGE: 1) PCO 33 2) PCO 46 Summary of Cost/Time Original Contract Price $ 381,800.00 Total of all Previous Change Orders $ 0.00 Total of this Change Order $ (678.00) Total Contract Price $ 381,122.00 This Change Order(increases) (decreases) (unchanged) the contract time byworking days. I have received a copy of this Change Order Constr. Manager: and the ab e AGREED PRICES are acceptable Approval: Date: to the cent a tor. Turner CoVVctJJtany 1 � City fitted a5 By: d '"'� Submitted By: Date: (40 ` O is Re r SeDtative Title: 04, ,n f ki Approved by: Date: �✓ Date: Pro)ectAdministr Distribution: City Manag r Oriqinal Conformed Copies Conformed - File CopV City Clerk _ (1) Project Administrator (1) Contractor (1) Procurement& Contracting (1) -_ Finance (1) Owner's Representative (1) ATTEST: Turner Construction (1) ty Clerk �" b3/29/2005 TURNER PAGE 03/03 ^ - 08:26 7603275801 S Vl p.v CITY OF PALM SPRING PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II 1� CONSTRUCTION CHANGE ORDER To Marine Landscape, Inc. Date: November 15, 2004 1100 E. Katella Avenue Project No, 02-27 Anaheim, CA 92615 Change Order No. 2 Purchase Order No. 416607 Attn: Yvonne Tran Agreement No, A4851 Account No, 4283-50003 Description of Chanqe to be Made: - - - Description i Add/Deduct Amount 1. Trim Tamarisk trees at east lot, Add: $ 1,035,00 2• Provide tree wells at existing onsite trees in lieu of temporary irrigation. Add: $ 415.00 3. Provide gravel"Desert Tan" at sides of southeast pedestrian asphalt Add; $ 829.00 walkway. 4. Provide compacted DG at west pedestrian walkway exit. Add: $ 3,256.00 TOTAL ADD: $5,635.00 AUTHORIZATION FOR CHANGE: 1) PCO 20; 2) PCO 66; 3)POO 69; 4)PCO 85 Summary of CostlTinne Original Contract Price $ 361,800.00 Total of all Previous Change Orders $ (678.00) Total of this Change Order $ 6,535.00 Total Contract Price $ 6Bg�S)QQ This Change Order(increases) (decreases) (unchanged) the contract time by rking d s. I have received a copy of this Change Order Constr, Manager; ��JJj pt� and the above AGREED PRICES are acceptable Approval; �' Date: ' II to the co tractor. Turner C s ructi pa CI A rov \ �'— Y ���, City pp Y� W B . t:vt k� - )3 66WA64 Submitted B : Date; �. • ., Ow e 's Representative Title; f-f,rs)PF—\I T � � t y , Date: / ) `f�C55 Approved by: ) I > Date: '�j ProjectAdministrator Distribution: Original Conformed Copies Conformed- File Co y City Clerk (1) Project Administrator (1)_ Contractor__ - (1)- -- Procurement&-Contracting (1) Finance (1) ATTEST c Owners Representative (1) Turner Construction (1) ity Clerk Marina Landscape Convention Center CP02-27-07 AGREEMENT #4851 R20869, 3-31-04 AGREEMENT THIS AGREEMENT made this hday of tl� lr� in the year 2004, by and between the City of Palm Springs, a charter city, org$nized 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 Marina Landscape, 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 Convention Center Expansion Phase II City Project No 02-27-07 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- 07. 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 (381,800) 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. !" '� � , WD r 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 3-7, 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 A a municipal corporation f L City Clerk Convention_Ce.nter-P o}ect-Ad T of;�for APPROVED AS TO FORM: J By: L' "rz"rr NI C a' City Attorneys -_; SIGNATURES ON NEXT PAGE Agreement Amount a .qDo I,eviewed and approved by Procurement & Contracting Initials -e, ; Date 4 �5 I i DOC # 2006-0046420 01/20/2006 08:00A ree:NC PLEASE COMPLETE THIS INFORMATION Page 1 of 2 RECORDING NEOUESTED eY! Recorded in Official Records County of Riverside Larry LL Ward (Assessor, County Clerk & Recorder AND WHEN RECORDED MAIL TO. I I�YI I IIIIIII I IIIIIII IIII IIIIIII II II��IIII IIII City Clerk M S ❑ I PAGE sIZG PA PCOR NOCOR SMF MISC. City of Palm Springs P.O. Box 2743 Palm Springs, California 92263-2743 1 ) A R 4 COPY LONG REFUND NCHG I,rnNa , Space above this line for recorder's use only r t' TRA. NOTICE OF CONTLETION n DTT: � �0 Title of Document �t THM AREA FOR RREGOR'D-'�'D E ME?S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3:00 Additional Recording Fee Applies) ACR 230P-AS4REO (Rev. 0212003) 1 1 i Return To: City Clerk City of Palm Springs P.O. Box 2743 Palm Springs, California 92263-2743 Filing fee ExkMPT per Government Code 6103 NOTICE OF COMPLETION NOTICE IS HEREBY given that: 1. The City of Palm Springs, California is a municipal corporation, organized and incorporated pursuant to the laws of the State of California- 2- The City Clerk of the City of Palm Springs is authorized and directed to execute, on behalf of said City, any and all Notices of Completion. 3. The address of the City of Pahn Springs is City Hall, 3200 E. Tahquitz Canyon Way,Palm Springs, California(P.O. Box 2743, Palm Springs, California 92263-2743). 4. The public work improvement on the hereinafter referred to real property within the city was COMPLETED on the 15�` day of 3 �o r 9.00c„ . 5. The name of the contractor(if named) for such improvement was: Marina Landscape 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 11, City Project No. 02-27, Landscape&Irrigation. 7. The property or location of said property is: 277 N. Avenida Caballeros,Palm Springs, California,-92262_ 8, City Project INo: 02-27 Agreement No. A4851 Resolution No. 20869 DATED: 1 l 1310 -CITY OF PALM SPRINGS 13v Allen F. Smoot/Project Administrator JAMES THOMPSON, being duly swom, 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. �f I IfI I IIIIIII Allllll IIII IIIIII III IIII IIIIIIII III IIIII IIII IIII 2006-004 6420 e vas2aa£es aaR T City Clerk o2 I dN CONTRACTOR: Check one: _Individual Partnership Corporation Corporations require two notarized signatures: One from each of the following: A.Chainnau of Board, President, or any V' President AND B. Secretary, Assistant Secre Cry,Treasurer, Assistant Treasurer, or Ch of Financial 0 er. By By SIGNATU TARIZED IGNATURE NOTARIZED Name: �5 . r , CQWfln1 /Qlt�ScJ2a ✓3 _ C"6)rL/fh1J Title: CG ) Title 102ES Address: l/DO elF11-4 / Address: ✓� � �'� le /ftJ t? rlv/ iMt CfF `3Z&z%s' �✓WRi--F71y' c'rt State of State of County of County of _ On_before me On_before me personally appeared personally appeared personally known to me(or proved to me on/' er/their nally known to me(or roved to me on the basis of satisfactory evidence)to be theasis of satisfactory tder to be the persou(s)whose names)is/are subscribedperson(s)whose ua s)is/are subscribed to the within instrument and acknowledged within ins lent and acknowledged to me that he/shelthey executed the same ine that he/s /they executed the same in his/her/their authorized capacity(ies),ander/their uthorized capacity(ies)and that by his/her/their signature(s)on they ' er/their signatures) on the uvstrument the person(s), or the entity uponent the person(s),or the eufity upon ehalf of which the persons) acted, f of wlch the persons)acted executed the instrument. uted the instrument.WITNESS my hand and official seal. NESS my hand and official seal. C- Notary Signature Notary Signature Notary Seal: Not at Seal: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Orange ss. County of 4/20/04 Todd Nguyen On before me, Dale Name and Title of Olflcer(e g,"Jane Doe,Notary Public'] Robert Cowan and Josef Cowan personally appeared ' �, Namels)of Slgner(s) ,I ❑Ypersonally (mown to me ❑ proved to me on the basis of satisfactory N evidence I� I c to be the person(s) whose name(s) is/areI subscribed to the within instrument and u ,o„ic nra or i_ir�t,ol �� acknowledged to me that he/she/they executed ,I 7, the same in his/her/their authorized range, capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or � the entity upon behalf of which the person(s) I acted, executed the instru ent. li WITN and' �o tplalseal. t I I Placa Nolary Seal Above Sgnoture of NE[ (y/ bll I ! I OPTIONAL yy I, Though the information below is not required bylaw, it may prove valuable to persons rgl ing on the document ,I I' and could prevent fraudulent removal and reattachment of this form to anbtl'7I r document. ;I I I Description of Attached Document Title or Type of Document: i I Document Date: Number of Pages: 'I I Signer(s) Other Than Named Above: I• Capacity(ies) Claimed by Signer I I' Signer's Name: 'I ❑ Individual l Top of thumb here I ❑ Corporate Officer—Title(s): t, ❑ Partner—❑ Limited ❑ General ;I ❑ Attorney in FactI ❑ Trustee 'I I' ❑ Guardian or Conservator 'I ❑ Other: ,I I� t h Signer Is Representing: r 01999 National Ni A,I of -9350 De Solo Ave,Be Box 2402•Cholswmlh,CA 91313-2402•vnwu na[ion alnolary.m0 Prod.No 5907 Renrdor Call Tolli 1 000-070,5027 3; PAYMENT BOND Bad Nb. SU 500 7120 Pmmtm: 1n::1trl=d KNOW ALL MEN 13Y THESE PRESENTS, That.Marina Landscaoe.as Contractor,and Ronarm 021pary . as Surety, are held firmly bound unto the City of Palm Springs,a Charter City,organized and existing in the County of Riverside, State of California, hereinafter called the "City," in the sum of: $381,800.00 (Three hundred eighty one thousand eight hundred) 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,thinly 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 Convention Center Expansion Phase H CITY PROJECT 02-27-07 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 Unemployment Insurance Code, or for any amounts required to be deducted, withheld,and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Cade with respect to such labor,all as required by the provisions of Title XV,Chapter 7, Sections 3247-3252, inclusive, of the Civil Code of the State of California and acts amendatory thereof, and sections of other codes of the State of California referred to therein and acts amendatory thereof, and provided that the persons, companies, or corporations so famishing said materials, provisions,provender,equipment or other supplies,appliances or power used in,upon,for or about performance of the work contracted to be executed or performed, or any person, company or corporation renting or hiring implements or machinery or power for or contributing to said work to be done,or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor, shall have complied with the provisions of said laws,that said surety will pay the same in an amount not exceeding the sum hereiabefore set forth and also will pay,in can 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 the term 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 Coan act 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 i f I SIGNED'AND SEALED, this 15th day of April 20_Q44_ / I Iaxina. Surety. , An$ Ti�arne �Y Contra r �� r / Y _ By 1, J - l,A.��' .t J By ou)- �y,,� Title Lirrh D. Cbats, Aiiffi�' in Fact Title �i� ��( ���1.•x I ' e'si 1,. 'i (SEAL AND NOTARIALACKNOWLEIx',MIW -- OF SURETY) Contractor �• BY— Title- Corporations r ul two notarized signatures: One fr m each of the following: 1. Chairman of So rd,President,or any Vice President:AND 2.S tary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). ' i I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -ti I I State of California Orange ss. County of r I ( 4/20/04 Todd Nguyen On before me, Dale Name and Title of Officer(e.g„"Jane Doe,Notary Public'") personally appeared Robert Cowan and Josef Cowan (, Namo(e)of SlgneQs) CXpersonally known to me ❑ proved to me on the basis of satisfactory evidence s l{ TODD Hi to be the person(s) whose name(s) is/are J Czmnm ° r33C13LV2 :r; subscribed to the within instrument and s ll, - •'r) (UePc-fy acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) actedjeecuted the instrument.WITNmy h nd anQ OVial seal. tJV/1]� I (' Place Nolery Seal Above SlgneWre of I)m ry Its OPTIONAL (, Though the information below is not required by law, it may prove valuable to persons 41 in on the document and could prevent fraudulent removal and reattachment of this form to an lgth�r d ument. ,) Description of Attached Document V& l Title or Type of Document: I I Document Date: Number of Pages: 'I f 1 (, Signer(s) Other Than Named Above: f 'I Capacity(ies) Claimed by Signer (' Signer's Name: 'I ❑ Individual Top of thumb here ) ❑ Corporate Officer—Title(s): )I ❑ Partner—❑ Limited ❑ General l ❑ Attorney in Fact =) ❑ Trustee ❑ Guardian or Conservator 'I ❑ Other: �I l Signer Is Representing: I 61999 Nallonal Nalary Associations935o 0o Solo Ave,PC 3ox2402•Chalsvodh,CA913132402•wwwnabonalnolary.am Po,T No 6907 Reortls,Call Tell Fran 1-8008766829 GALIFORMIA ALL•PIU9aPOSIIE ACKNOWLEDGMENT I• I. State of California County of ORANGE ss. On APR 1 5 2004 before me, CHRISTINE M. RAPP, NOTARY PUBLIC Data Name and Tltle of Officer(e.g.,"Jane Dee,Notary Public") personally appeared LINDA D. COATS Neal of Slgner(a) IX personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and a Ci�RISTIAIE M. RAPN2 acknowledged to me that he/she/they executed ,x( c G O4AM. 17.F7189 the same in his/her/their authorized NOTARY PUBLIC-CALIFORNIA �I Q =a,*a aRnN,ecouNiv capacity(ies), and that by his/her/their tvtyCelnm.Exp.July9.2004 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 se 1. Place Notary Seal Above Signature of Noldry Public/ I I/t OPTIONAL UU Though the information below is not required by law, it may prove valuable to persons relying on the document ) and could prevent fraudulent removal and reattachment of this form to another document. ) Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: I, d 01999 Nallonal Notary Avscclntlon•935D De Soto Ave.,P.O.Door 2402•Chalswonh,CA 91313-2402•vnvwnat1onm1ro rr,h,g Red.No.5907 Reorder.Call Toll-Free 1-800876 6927 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company') does hereby appoint Linda D. Coats and Douglas A. Rapp of Laguna Niguel, CA(EACH) its true and lawful Attorneys)-in-Fact,to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety,and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U,S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 11th day of July 12003 Arch Insurance Company Attested and Certified 110ance Co m¢iviuTf S U sfnt Illsiourl Joseph S. L I, Corporate Secretary Thomas P. Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OFFM SEAL FME:SA B.GHIIGAN,Notary PubficState ofConr�ecticutMelissa B. Gilligan, Notary Publicssion ExpiresFehruary28,2008 My commission expires2-28-05 CERTIFICATION I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated July 11, 2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone,who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this day of APR 1 4 2(f174,20 . 5)S9 --- seph S 69 ell, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. �cSJt�ce ceO j` COfi�VATf m 1V SG; 6 s f N I110Yf1 Home Office: Kansas City, MO OOMLoo13 00 03 03 Page 2 of 2 Printed in U.S.A. Dj-d Ete dun Based rn Fiml Cjtr�y-t Atctir,t PERFORMANCE BOND Baid Ib. SU 500 7120 Pr9nlun: $7,636.00 KNOW ALL MEN BY THESE PRESENTS, That,Marina IandwaQe as Contractor and, Axdi Ihstm m03rwyas Surety are held funily 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:$381,800.00(Throo hundred eighty one thousand eight hundred) dollars for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,successors,and assigns,jointly and severally,firmly by these presents. WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement with said City to perform the Work as specified or indicated in the Contract Documents entitled: PALM SPRINGS PHASE 11 Convention Center Expansion Phase 11 CITY PROJECT 02-27-07 Convention Center NOW THEREFORE,if said Contractor shall perform all the requirements of said Contract Documents required to be performed on its pact,at the times and in the nmrmor specified herein, then this obligation shall be null and void, otherwise it shall remain in full force and effect PROVIDED, that any alterations in the Work to be done or the materials to be furnished, 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 tinder the provisions of said Contract Documents, release either said Contractor or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. SIGNATURES ON NEXT PAGE ' E I SIGNED AND SEALED,this 15th day/of Arril 20 04 Contractor Im-=a Ianda Inc / Contractor Lmismue,jd By Title P rt L e-"/1)& /j 7 Tit], (ICG) Corporations require two notarized signatures: One from each of th owing: 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 Swoty Arch Rztma im Ompary y y_ Hy I fl, f ect Tiuo Iarr3� D o atsAttrart , ;n Fact i I I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I I State of California Orange ss. County of I, I I. 4/20/04 Todd Nguyen On before me, Dale Name and Title of Officer(e g,"Jane Doe,Notary Public') personally appeared Robert Cowan and Josef Cowan I, manorial of Slgner(a) EXpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are iI�JL3W br',Gu71"V 9 , subscribed to the within instrument and "Li `yul G" mylF"ri.�ccviul,'luu�f".5l acknowledged tome that he/shekheyexecuted Fe R`jf ;rrr.i .,, (.,; rty,, :1:� cae acitame es in and thatr/thbeir authh s/heor/theid signature(s) on the instrument the person(s), or I I the entity upon behalf of which the person(s) acted, executed the instrument. WITNE�S;� y hdnd an �ci�)seal. F .._ Place Notary Seal Above Slgnalure of Notary q I 'I OPTIONAL Though the information below 1s not required by law, it prove valuable to persons rel the document Y I, and could prevent fraudulent removal and reattachment of this form to anothe d cant. I Description of Attached Document I, Title or Type of Document: I I ) Document Date: Number of Pages: Signer(s) Other Than Named Above: ) Capacity(ies) Claimed by Signer I' Signer's Name: 'I I' ❑ Individual To of thumb here I I• n I ❑ Corporate Officer—Title(s): ;I I, ❑ Partner—❑ Limited ❑ General ❑ Attorney in FactI 11 ❑ Trustee •I I' ❑ Guardian or Conservator 'I � ❑ Other: I ) I• Signer Is Representing: I I �) C 1999 Nallonal Notary Assonalion•9350 Cs Solo Ave.,PC Box 2402•Chalswohh,CA 913132402•wvv.natlonalnotary or0 Prod No 5907 A9ordar Call Toll-Free 1-800 B766927 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I State of California 11 ORANGE } ss. County of J before me,On APR 1 5 2G!: CHRISTINE M. RAPP, NOTARY PUBLIC Data Name and Tllle of Officer(e.g.,"Jane Doe,Notary Public") personally appeared LINDA D. COATS Nameis)of Signer(s) E&personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are r subscribed to the within instrument and ti ;ax CI�f�ISTIIIE M. RAPP acknowledged to me that he/she/they executed " t'' CQMM. `12671$9 > the same in his/her/their authorized Nornrrwu©uc cnuFoaNin capacity(ies), and that by his/her/their µ.�,.,'� ORANGEcouNrr e, Ntvto"Im.Exp.,iuly9,2004 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�al. Ci'har ' � t1 /� ` 1/ 1� ' Place Notary Seal Above Signature of Mary Publicl /( OPTIONAL U 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 anolher 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 Tap of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ) 01999 Natunal Nolary A.,clnllon•93500.Solo Mr.F.D.Box 2402•Chat.0h,CA 913132402•w..nallonolnolaryo,g POW,No.5907 Feortloe Call TolbFo.I-B008766B2] POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the"Company")does hereby appoint Linda D. Coats and Douglas A. Rapp of Laguna Niguel, CA (EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check,,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process" This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 11th day of July , 20 03 Arch Insurance Company Attested and Certified E 1 Joseph S. L I, Corporate Secretary Thomas P. Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OFFICIAL SEAL MELISSA B.GH LIGAH,tbtary Public dy�� n. l�ly/�� /� State MC°^"ecb Melissa B. Gilligan, Notary Public My CommssonExpesFebuary28,2005 My commission expires2-28-05 CERTIFICATION I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated Julv 11. 2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereu to subscribed my name and affixed the corporate seal of the Arch Insurance Company on this day of APIR _( S 700d , 20_ Joseph S ell, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. ��Canee C o � .p coI1NGr[ m f11 1-. Ylnsud Home Office: Kansas City, MO OOMLOO13 00 03 03 Page 2 of 2 Printed in U.S.A. MULTIPLE OBLIGEE RIDER TO PERFORMANCE BOND To be attached to and form part of Bond Number SU 500 7120 with F1 ch T175LUs-'R10.' Ojwff+Y as Surety, Rwff)a .... ^ caper iri--• asPrincipal,and City cf Palm q-i"9s asObllgee, for valuable consideration,hereby agree respectively In connection with a contract for which bond and contract are made a part hereof by reference,shall now include as additional Obligee(s) U.S. Departmentof 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 greaterthan those of any other Obligee and shall be subject to all offsets and defenses,however arising,which might be available against any other Obligee, their agents and representatives,In addition to any offsets or defenses that might be available against themselves. In no event shall the Surety be liable in the aggregate to the Obligees for more than the penalty of this bond. At Surety's election,any payment due to any Obllgee maybe made by Its check issued to the Obllgees jointly. • Neitherthe execution nor language of this instrument,norany previous negotiations,shall beconstmed as relieving any Obligee from the due and timely performance of such obligations and duties as he,or his agent orrepresetnative,may owe to the Principal or the Surety under the contract or bond. Witness the following signatures and seals this 15th day of 41di ,200 4 PRINCIPAL.: RI im r 1W. SURETY: ALth bma-¢'ne 12mpErIV Cluck One: _indiriddal;_patinership; 3rcorporetioo "� by �,[\ (Corpotastans mpdre two rignanves: one from u46 of the Amsid �Fw": A. Chairman of Hood,President or any Vice T,irAa D. (Yaf-Sr Tf+„„�,.,, in President;ard'H:Secren". Asst.Secretary,Treasurer,or Chief Title "`-"'"S Finuscial O/�cer) • By —"' \� (SEAL&NQTARIAL ACKNOWLEDGMENT OF SURETY) bgna a(NOTARIZED) PAINT NAM&AN TrT 13 By 'Sur (NOTARIZED) PRINT NAME TI LE: CICNJ"n �f"1 � f I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i State of California Orange ss. County of I � 4/20/04 Todd Nguyen l On before me, I, Oate Name and 716e of Off ,(e 9 "Jane Doe,Notary Publim personally appeared Robert Cowan and Josef Cowan I, Names)of Slgner(s) CXpersonally known to me ❑ proved to me on the basis of satisfactory evidence r I to be the person(s) whose name(s) is/are ' subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized t capacity(ies), and that by his/her/their i signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) " acted, executed the instrument.11 t � l WITNES my a d a '�I i I seal. f f' Pleoe Notary Seel Ahove 51§nature of Not uhl6 'l OPTIONAL ' Though the information below 1s not required by law, it may prove valuable to persons 111 Ifnfg n the document l - and could prevent fraudulent removal and reattachment of this form to anoth I oc ment. l Description of Attached Document 1 ( Title or Type of Document: I I I Document Date: Number of Pages: [� t Signer(s) Other Than Named Above. I 7 Capacity(ies) Claimed by Signer Signer's Name: ( ❑ Individual ') Top of thumb here ❑ Corporate Officer—Title(s): t; ❑ Partner—❑ Limited ❑ General f ❑ Attorney in Fact ❑ Trustee (' ❑ Guardian or Conservator 'l ll, ❑ Other: ,i Signer Is Representing: N K 01999 National Notary Assanallw-93500e Solo Ave,P.O Box 2402•Chalswotlh,CA 91313-2402•www.natmnalnolary org Prod No 5907 Reorder,Call T.11+ree b30o 0]U5B2) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ENT State of California County of ORANGEss. ) On APR 1 5 2DDI before me, CHRISTINE M. RAPP, NOTARY PUBLIC Date Name and Title of Officer(.n.,"Jane Doe,Notary Public") personally appeared LINDA D. COATS Name(.)of tilgner(3) [Xpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and #' CI 1sRISTINE Ml. hAPP acknowledged to me that he/she/they executed `a'a'�+`c1c COMM, #1267189 the same in his/her/their authorized Q ..S_,d""i` NCITARY pUBLICCAI.IfpRNlq �� oRnrtceoouNrY capacity(ies), and that by his/her/their �w tifyCohtm.Exp.,allys,z0oa signature(s) on the instrument the person(s), or �4 r � the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official spipl. r Place Notary Seal Above SlrJnaWre of No ary 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Tap of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 91999 Nalloml NotoryAosoclallon•93590e Solo Ave.,P0.6ux2A02•Chalswarlh,CA913132402•w.vw.natlonalnolary.or0 Plnrl.No.5907 aaorder Call Tell Frae 1 GOO 81Gfi82] POWER ®1 ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri(hereinafter referred to as the"Company')does hereby appoint Linda D. Coats and Douglas A. Rapp of Laguna Niguel, CA(EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly,executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3,2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 11th day of July , 20 03 Arch Insurance Company Attested and Certified sconce C o CORIORATE 345 + U W, Nlssourl � / Joseph S. L I, Corporate Secretary Thomas P. Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being therounto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OFFICIAL SEAL F Eussa B.a(GfLLIGAN,rJotary ww c � /_z/State of Connecticut Melissa B. Gilligan, Notary PublicCommission Expires February 28,2005 My commission expires 2-28-05 CERTIFICATION I, Joseph S. Label], Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated Julv 11. 2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this day of APR 1 5 one,__,20_ Joseph S69ell, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. c5�canee Co .0 mawwTE A Ylssoml Home Office! Kansas City, MO OOMLOO13 00 03 03 Page 2 of 2 Printed in U.S.A. • TRADE BID TRADE BID PACKAGE# 7 TRADE DESCRIPTION Landscape & Irrigation 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 II 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): -i.. Number_ Date ';✓ "Z U ''—� Number y Date [} Number Date Number _ Date 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,et 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 aforementionec Bic ring Schedule(s). Date: Bidder: By: J Isio•mrel Title: • 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.: 7 TRADE BID PACKAGE DESCRIPTION: Landscape & Irrigation TOTAL BID PRICE - (INCLUDING PERFORMANCE AND PAYMENT BOND PREMIUM) - 8 5 Ci t cs. Price in figures Price in words '-✓ Io Price in words BIDDER: • BY: rSignature TITLE: DATE: 3 2-? C • 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. 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 1 ) ss. County of being first duly sworn, deposes and says that he or she IS Lea of �Pe 'Lv� ti�tl e 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 ►�9 P L i�'�PJc H^ c /1 BY / TITLE � JC , �i =� H ORGANIZATION f7� i'(v/��� ADDRESS . \, OU G= . Ffa 'CLA_ -" Pk {L'Ufz't-tE'-Y.-_ \&V_>, =" SUBSCRIBED AND SWORN TO BEFORE ME THIS _ DAY OF NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE MY COMMISSION EXPIRES: • City of Palm Springs NON-COLLUSION AFFIDAVIT TRADE BID FORMS - 5 BID BOND 1 KNOW Af,L MEN BY THESE PRESENTS, That Marina Iansciro% Inc as Principal,and Arch Insurance Company _as Surety, are 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 $ 10% fun enown off%i or imi mmm of nr000uff 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 If City 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 full 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 sold City in such suit, including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED, this 15th d of ch 20 04 Marina s pe, Inc. (SEAL) By: IV (SEAL) (SEAL) Ilorincipall Arch Ins anc Company (SEAL) (Suretyl Linda D. Cods (signature) Attorney in Fact SEAL AND NOTARIAL By: _ ACKNOWLEDGMENT OF SURETY (Signature) BID BOND city of Pall., Sinings BID TRADE F' • 6 17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - -r oj-A-.�(v `_ ,_ ._'>• kS''•Sz'S". +�YG'P: 6"t,'.26{'.cio F•., _ _„Y' - rY!—.:-C."rY'^Y?f-P,rYz,. .-C.-- I ) State of California ss. ORANGE County of JJ MAR 1 5 2009 CHRISTINE M. RAPP, NOTARY PUBLIC On before me, Data Name and Title of Officer(e,g,"Jane Doe,Notary Public") personally appeared LINDA D. COATS Name(s)of Signers) EX personally known to me ❑ proved to me on the basis of satisfactory evidence g^ '� s"A to be the person(s) whose names) is/are 1 CHRISTINE subscribed to the within instrument and COMM. #12671$9 < acknowledged to me that he/she/the executed > "m NOTARY PUBLIC-CALIFORNN 7J g y ri. ORANGe WNTY the same in his/her/their authorized My Comm.Ezp.July 9.2004 capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WI MESS my hand and officials I. Place Notary Seal Above Ignaiure of 1 al ry P tic �aC OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document ;) and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: t Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: i ©1099 National Notary Assoclallen•9350 Da Soto Ave,P.o Box 2402•Chaill.m,CA91313-2402•x natiomluoleryorg Ped.No.6907 Peorden Call TolbFreo 1-NOM766a27 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri(hereinafter referred to as the"Company") does hereby appoint Linda D. Coats and Douglas A. Rapp of Laguna Niguel, CA (EACH) its true and lawful Aftorney(s)-in-Fact,to make,execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I I (� State of California I I' County of Orange I �I On 3/22/04 before me, Todd Nguyen Dale Name and T,IIe of Olhser(e.g,"Jane Doe,Nolary Public') 1 (' personally appeared Josef Cowan , Names)of slgner(s) .I )l personally known to me ❑ proved to me on the basis of satisfactory evidence I m a to be the persol whose nameX is/V nr subscribed to the within instrument and Q„ acknowledged to me that held /thX executed the same in his/h/th/r authorized capacity(iA, and that by his/h /tr ' signatureVon the instrument the person(X, or the entity upon behalf of which the personX ac ad, eAtheinstrWI ESeal.Place Nolary Seel Above ] OPTIONAL ThoughThough the information below is not required by law,it may prove valuable to personsf I ing on the document and could prevent fraudulent removal and reattachment of this form to snoih r document. ;l Description of Attached Document Title or Type of Document: ,I � l Document Date: Number of Pages: 'I Signer(s) Other Than Named Above: ,) l ) Capacity(ies) Claimed by Signer Signer's Name: 1 ..❑ Individual -- ---- -- - -- - - -- --- --- ___ - ,I I' - Top of thumb here K ❑ Corporate Ofificer—Title(s): ,) )' ❑ Partner—❑ Limited ❑ General ) ❑ Attorney in Fact , ❑ Trustee ❑ Guardian or Conservator I ❑ Other: ,I fr Signer Is Representing: ,) I , l� ) 01929 Nal,enal Nolary Assodblmn•9350 Be Solo Ave..P.0 Box 2402•Cholswedh,CA C1313 2402•www nahonalool"19 Prod.No 5907 Feorder.Call Toll-Free b500-976 6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - _ _ - - - =Try - - �.•.,- _y�j State of California ) County of Orange ss. On 3/22/04 before me, Todd Nguyen Dale Name and Title of Ofrmer(e g.,"Jana Doe,IVolary Public') personally appeared Josef Cowan I Namels)of slgnar(c) �I U personally known to me ❑ proved to me on the basis of satisfactoryI evidence I to be the person(() whose name) is/9Z dODD NGUYEN subscribed to the within instrument and C0mmTWon#128wj acknowledged to me that he/s !thq�executed NotayPubllc-Cnlrfom the same i n his/I /thgfr authorized C)rongeC°rMy capacity(iA, and that by his/h�{/th r MNnm' west7cf1�24P signature( ontheinstrumenttheperson( or the entity upon behalf of whi the person acted, ex uted the instruin t ,I WITNES n -a ffici seal. i Place Nolary Seal Above Sgnature d ild., u I 'l OPTIONAL J I. Though the information below is not required bylaw, It may prove valuable to persons relxih n the documentI 1' and could prevent fraudulent removal and reattachment of this form to another'do ment ,l Description of Attached DocumentI Title or Type of Document: I Document Date: Number of Pages: I I Signer(s) Other Than Named Above: ,I • I Capacity(ies) Claimed by Signer I' Signer's Name: '1 I:]-Individual - -- -- -- -- - - - - - - - -- Top of thumb here -- -' - - -' I; ❑ Corporate Officer—Title(s): 1. ❑ Partner—❑ Limited ❑ General 1 ❑ Attorney in Fact ) ❑ Trustee ,l ❑ Guardian or Conservator I ❑ Other: ) l ,I I� I I. Signer Is Representing: -•I I� I 01999 N.WO1 NWll AseodWkh -93500e Solo Ave.,P.O.3.2402•GhMt..oh,CA91 313-2 40 2•www nal,onelnolaryorg Fmd.No 5907 Reorder Gall Toll-Free 1-000976-68V PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CITY PROJECT NUMBER: 02-27 TURNER PROJECT NO. 8640MA TRADE BID NUMBER: 7 LANDSCAPING AND IRRIGATION February 6, 2004 SCOPE OR WORK PROVISIONS 7- LANDSCAPING AND IRRIGATION 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 7 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 Landscaping and Irrigation 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: 7 LANDSCAPING AND IRRIGATION 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 Landscaping and Irrigation 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) 01735, 02222, 02300, 02317, 02510, 02530, 02735, 02810 and 02820 of the Specifications. 4. The word "provide"when used herein shall mean Provide completely, including all costs for labor, material, equipment, travel, hoisting, scaffolding, tools, rigging and any other facilities necessary to complete the Work. 5. The word "remove"when used shall mean remove and dispose, unless otherwise noted 6. All required fees, sales taxes, haul route permits, freight or other ancillary charges associated with the performance of this Work are included. The Building Permit will be obtained and paid for by others. 7. Provide the complete, fully functional, code complying Landscaping and Irrigation to meet all the criteria of the Contract Documents, Exhibits, and all governing agencies. 8. Trade Contractor shall be responsible for providing Protection of adjacent surfaces. Sanitary protection of all loads or items being transported through or around the Existing Building of the Convention Center Facility. 9. Parking will be included in areas designated by the Project Superintendent at the City's discretion. 2 PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CITY PROJECT NUMBER: 02-27 TURNER PROJECT NO, 8640MA TRADE BID NUMBER: 7 i, LANDSCAPING AND IRRIGATION February 6, 2004 10. Remove general debris and leave Work area broom clean on a daily basis. Trade Contractor shall deposit all debris in trash bins. 11. Food & beverages will be allowed in designated areas only. The designated area will be located outside of existing and new building areas, and may be located offsite. Designated areas will be determined by Turner Construction Company. 12. A City Business License must be obtained within 10 business days after the start of the project. 13. Move-ins: As required to meet the schedule and performance of the Landscaping and Irrigation portion of work. 14. The Working hours for the project will be 7:00 a.m. —3:30 p.m, daily. All off-hour work, deliveries must be scheduled through the Construction Manager, 15. Provide, install and coordinate all hoisting, rigging, scaffolding, fall protection and temporary bracing necessary for the safe execution of your Work required by OSHA and the City's Safety Program, which ever is most stringent will apply. 16. Work to be performed in areas: All Work areas shown or on Contract Documents. 17. Trade Contractor is responsible for performing an existing damage survey in areas of Trade Contractors Work in existing areas within five (5) days prior to beginning work. In addition, submit a typed list to Turner Construction Company on your Company's letterhead with the pertinent Company Representative certifying all damage noted is true and the list is complete. Any items not listed by the Trade Contractor's will be the responsibility of the Trade Contractor to correct to the satisfaction of Turner Construction Company and the Owner. Survey should encompass all areas within or around the limits of the demolition and construction. 18. Include traffic control, flagmen and staging for all activities, vehicles and equipment related to your work including deliveries. 19. Delivery of materials and equipment shall be scheduled and coordinated with Turner. 20. 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. 21. 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. 22. 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 disruption of the facility or its systems and operations, as required. Provide 72 hour notification for any scheduled shut down. 23. 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 Logistics plan, dated 3 PALM SPRINGS CONVENTION CENTER EXPANSION PHASE If CITY PROJECT NUMBER: 02-27 TURNER PROJECT NO. 8640MA TRADE BID NUMBER: 7 LANDSCAPING AND IRRIGATION February 6, 2004 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. 24. Notify DIGALERT (1-800-277-2600) a minimum of two (2) days before commencement of all excavating or trenching. 25. 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. 26. All clean up of streets, adjacent properties and site debris, generated by execution of its work will be the responsibility of this Trade Contractor. 27. Provide all water required for construction, including dust control. The temporary water consumption costs will be paid for by the City of Palm Springs. 28. 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. 29. 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. 30. References to Landscaping Trade Contractor shall mean Landscaping and Irrigation Trade Contractor. References to Landscaping and Irrigation Trade Contractor shall mean Landscaping Trade Contractor. 31. 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. 32. Site shall be enclosed with construction fencing with the boundaries conveyed on the proposed Site Logistics 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. Specific Scope: 1. Provide all irrigation materials, including but not limited to, controllers, control valves, check valves, solenoids, control wiring, sleeves, piping, fittings, solvents, wraps, heads, strainers, quick couplers, gate valves, flush valves, boxes, enclosures, as required for a fully operable, code complying, automated irrigation system. 2. Provide the specified decomposed granite, washed stone and gravel per the Contract Documents. 4 PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CITY PROJECT NUMBER: 02-27 TURNER PROJECT NO. 8640MA _ TRADE BID NUMBER: 7 LANDSCAPING AND IRRIGATION February 6, 2004 3. Provide weed cloth and compacted base section below gravel and decomposed granite where indicated. 4. Provide redwood/steel headers per the Contract Documents. 5. Provide all landscape grading, including mounding as shown on Landscape Drawings that are specifically not indicated on the Civil Drawings, 6. Provide placement of stockpiled onsite boulders. The Boulders shall be stored at the east lot located at the southeast corner of Avenida Caballeros and South of Amado Road. Coordinate placement of boulders with Landscape Architect and Turner. All boulders are stockpiled on-site. No new boulders will be required. EXCEPT twenty-four(24) each boulders used for retaining earth per sheet L1.3.01 (North West Corner of site at Calle Alvarado and Amado. 7. Provide removal, storage and reinstallation of trees as designated on Landscape plans. At contractor's option, provide removal and direct replanting of onsite trees per Landscape drawings with temporary irrigation to reestablish and maintain replanted trees. Coordinate with earthwork/site demolition contractor 8. Review the existing site conditions and all available information for existing rough grade conditions and elevations prior to commencement of irrigation work. Notify Turner if significant discrepancies exist between the existing rough grades and precise grading plans. 9. Compaction of irrigation piping trenches below finish paving shall conform to the specified compaction density requirements. 10. Provide layout for your own work. Obtain layout approval from the Landscape Architect as may be required prior installation of planting material. Coordinate all survey and layout requirements with the Turner Superintendent. Protect survey stakes and use caution to minimize any re- staking. 11. Make safe for demolition of landscape and irrigation areas. 12. Coordinate demolition/relocation of existing irrigation controller. 13. Provide dust control during trenching, backfill and final grading operations. 14. Provide minor field adjustments in irrigation system due to actual field conditions. 15. Provide perforated pipe at all trees within 5'-0" of any paving or building. 16. Provide all required irrigation hook-ups to water mains and meters. 17. Provide a new water meter, including irrigation service backflow preventer. Flush lines and pressure test prior to backfill and installation of final finish material at grade. 18. Provide all slope scarification, weed eradication as required. 19. Provide all topsoil, fertilizers, soil conditioners and backfill mix. 20. Provide staking and guying as required. 21. Provide pruning of trees and shrubs in accordance with standard horticulture practice. 22. Provide all root guards as specified. 23. Provide flagmen and traffic control during delivery of materials and any equipment. 24. Include daily clean-up and removal of all debris generated by your work. 5 PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CITY PROJECT NUMBER: 02-27 TURNER PROJECT NO. 8640MA TRADE BID NUMBER: 7 LANDSCAPING AND IRRIGATION February 6, 2004 25. Include a 90 day maintenance period of both the landscaping and irrigation systems with all the insurance, licensing and permits required. 26. Obtain and pay for all permits required to commence landscape and irrigation work. 27. Maintain a complete set of irrigation "as-built' drawings at all times at the jobsite office. The as- builts shall be submitted within 15 days after the work has been completed. 28. Provide cleaning, repair, adjustment and replacement of irrigation system components during 90 day maintenance period at no additional cost to the Owner. 29. Provide irrigation record drawings and control charts as specified. 30. Provide the required quantity of individually bound Operation and Maintenance Manuals within five (5) days of completion. 31. Provide irrigation system training for the Owner's maintenance personnel. 32. Provide all required guarantees for landscaping materials and the irrigation system. 33. Coordinate all work with other interfacing trade contractors. 34. Provide any necessary or required sleeves for the work. 46. Removal and transport tress and boulder to temporary offsite location. Provide water service, controllers, meter, backflow, valves, piping and heads for East Lot tree farm. Restore area back to original condition, including backfill of tree root balls after tree and boulder reinstallation. 47. Repair landscaping along Andreas Road and at the Wyndham Hotel planters adjacent to service drives at east side of Hotel. 47. Removal and disposal (or salvage) of existing trees, and boulders as noted. Reused Boulder shall be stored at East lot. 48. Include demolition/relocation of existing controller. 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: 1. Provide irrigation repair as required to maintain adjacent existing planting areas as indicated on Landscape Drawings, including at the adjacent Wyndham Hotel. Include in the Price $500 material and labor (Laborer ) to re-establish service and perform landscaping repairs at adjacent landscape areas to remain. 6 PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CITY PROJECT NUMBER: 02-27 TURNER PROJECT NO. 8640MA TRADE BID NUMBER: 7 LANDSCAPING AND IRRIGATION February 6, 2004 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. 120 volt power wiring for irrigation control panels. 5. Permanent maintenance. 6. Site furnishes 7. Import of Boulders other than those referenced in Specific Scope, Item 6. 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. 4. All material handling equipment required for loading, transportation, receiving, unloading and disbursement is included. 7 PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CITY PROJECT NUMBER: 02-27 TURNER PROJECT NO. 8640MA TRADE BID NUMBER: 7 LANDSCAPING AND IRRIGATION February 6, 2004 5. Construction security will not be provided. Trade Contractor shall be responsible for its materials and equipment stored on the project until installed and accepted by the Owner. 6. Trade Contractor fully understands that there is limited storage space onsite for materials. Stockpiling on floors to be minimized and located as directed by Turner. From time to time, relocation of stockpiled materials and equipment on floors and on site may be required as directed by Turner. Trade Contractors will not be entitled to additional compensation for relocating equipment or materials as necessary to allow for the efficient progression of the work. H. Mock-Ups—As noted in the Contract Documents, including but limited to, the following: 1.Refer to Specifications I. Schedule 1. All Work is to be performed in accordance with the Master Project Construction Schedule, Exhibit B, dated 2/6/04. A detailed schedule will be required from all Trade Contractors within 10 days from award of Contract, and will be review for compliance with the Master Project Construction schedule's intent. Trade Contractor's will acknowledge that the Master Project Construction Schedule will include"multiple move-ins', "out of sequence," and "phasing"of the work. 2. Trade Contractor shall be responsible for the cost of all overtime, shift time differentials, off hour work and other premium time costs required to "expedite" or "make-up" delays to the schedule caused by this Trade Contractor. This includes, but is not limited to, work in excess of eight hours per day, forty hours per week, and/or work on Saturdays, Sundays and Holidays. All off-hour work must be scheduled through the Construction Manager. 3. All "tie-ins' or "shut-downs" and other impacts must be scheduled through Turner at least 72 hours in advance. All related costs, including overtime, phasing and off hour work are included in the Trade Contract price. 4. Whenever an actual or potential labor dispute, involving the Trade Contractor, delays or threatens to delay the timely performance of the work, the Trade Contractor shall promptly 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- 8 DOCUMENT TRACKING Page: 1 Report: One Document Detail April 21,2006 Condition: Document Number a4851, Document# Description Aporoval Date Expiration Date Closed Date A4851 Convention Ctr Exp Phase 2 Trade 7 Total$386,657.00 03/31/2004 10/01/2005 Company Name: Marina Landscape Inc Address: 1100 E. Katella Avenue, Anaheim, CA 92805 Contract Amt. Total Paid Balance Group: PROCUREMENT $442,008.00 $442,008.00 Service: In File xRef: PROCUREMENT Ins. Status: A policy has Expired. Document Tracking Items: Due Completed Tracking Amount Amount Code Item Description Date Date Date Added Paid CO 4- incr$50,111.00 - in file 12/29/2005 $50,111.00 NOC to Al for recording 01/18/2006 k CO 3- incr$5,240.00 -in file 10/10/2005 $5,240.00 �'T 0 CO 1 -to CM for sig (4/27/05) -in file 04/27/2005 $-678.00 9� Track Notes: C01 in dispute per AI kdh 04/20/05 CO 2- incr$5,535.00 - in file 0 4/2 712 0 0 5 $5,535.00 to CM for sig 04/30/2004 distr to Procurement 05/03/2004 Res 20869 $381,800 not prov by dept 03/31/2004 $381,800.00 ** ` * * END OF REPORT* * * " 0� DOC # 2006-0046420 01/20/2006 08:00R Fee:NC PLEASE COMPLETE THIS INFORMATION Page 1 of 2 RECORDING REQUESTED BY' Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk 6 Recorder AND WHEN RECORDED MAIL TO: I IIIII IIIII I II I III III II IIIIII III IIIII II IIII CltyClOrk M S 'U PAGE SIZE DA PCOR NOCOR SMF Misc. City of Palm Springs 7 P.O. Box 2743 Palm Springs, California 92263-2743 'e,d A R L COPY LONG REFUND NCHG Space above this line for recorders use only TRA' NOTICE OF COMPLETION DTT: Title of Document T H MSA R R F 0 R RECORDEWS 8--')E ONLY I THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3:00 Additional Recording Fee Applies) ACR 23SP-AS4REO (Rev.0212003) Return To: City Clerk City of Palm Springs P.O. Box 2743 Palm Springs, California 92263-2743 ]Filing fee EXEMPT per Government Code 6103 NOTICE OF COMPLETION NOTICE IS IdEREBY 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 Cityof Palm Springs-is authorized and directed to execute, on behalf of said- City, any and all Notices of Completion. 3. The address of the City of Palm Springs is City Hall, 3200 E. Tahquitz Canyon Way,Palm Springs, California(P.O. Box 2743,Palm Springs,California 92263-2743). 4. The public work improvement on the hereinafter referred to real property within the city was COMPLETED on the 15�"' day of t 6 OW,, 5. The name of the contractor(if named) for such improvement was: Marina Landscape 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 11, City Project No. 02-27, Landscape&Irrigation. 7. The property or location of said property is: 277 N. Avenida Caballeros,Palm Springs, California,.92262. 8. City Project gNo: q 02-27 Agreement No. A4851 Resolution No. 20869 DATED: CITY OF PALM SPRINGS BC Allen F. Smoot/Project Administrator JAMES THOMPSON,being duly sworn, says: That he is the City Clerk of aforesaid City of Palm.Springs,California,the corporation that executed the foregoing notice; that he makes this verification on behalf of said corporation;that he has read the foregoing Notice of Completion, and knows the content thereof, and that the facts stated therein are true; that as said City Clerk, he makes this verification on behalf of said municipal corporation. IIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII GUE011POOM, cea / ICity Clerk ndex No. I PALM SPRINGS CONVENTION CENTER EXPANSION PHASE 11 CITY PROJECT NUMBER: 02-27 TURNER PROJECT NO. 8640MA TRADE BID NUMBER: 7 LANDSCAPING AND IRRIGATION 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 Proiect Regulations and Logistics 1. Safety Manual, Exhibit"A" and as specified below: a) Hardhats b) Workboots c) Safety Glasses d) Safety Gloves e) Proper attire such as shirts with sleeves and long Work pants. f) No illegal substances or alcohol on or near the project. 9 PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CITY PROJECT NUMBER: 02-27 TURNER PROJECT NO. 8640MA TRADE BID NUMBER: 7 LANDSCAPING AND IRRIGATION February 6, 2004 g) All Trade Contractor equipment is to be inspected on a daily basis for safety compliance. h) In addition to required cleanup of own work and work areas, this Trade Contractor will be required to provide general labor to general clean-up crews for weekly or bi-weekly full building cleanings (8 man hrs min, per week). 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 10 g 4/21/2004 15:30 LCIS Inc. Kim Saenz- Attn: Marlene 2/5 ACORDII CERTIFICATE OF LIABILITY INSURANCE 04i(16 2 4 PRODUCER (559)650-3555 FAX (559)650-3558 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Landscape Contractors (Lic#0755906) ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Services, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1835 N. Fine Avenue Fresno„ CA 93727 INSURERS AFFORDING COVERAGE NAIC# INSURED Marina Landscape, Inc. INSURERA Everest National Insurance Co. 10120 1100 E. Katella Avenue INSURER Anaheim, CA 92805 INSURER INSURER D 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 SUBJECTTO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L TYPE OF INSURANCE POLICVNUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS L R[ADD DATE MMIOO ❑ TE MMI ❑ GENERAL LIABILITY 1700003387-032 08/01/2003 08/01/2004 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGEEM"TO RENTED g 100,000 CLAIMS MADE � OCCUR MILD EXP(Any one person) $ 5,000 A X XCU-Coverage BFPD PERSONAL a ADV INJURY $ 1,000,000 X $2,500 PD DED B NKT CONTRACTUAL LIAB GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/DP AGE $ 2,000,000 POLICY X JEpCOT LOC AUTOMOBILE LIABILITY 1700003388-032 08/01/2003 08/01/2004 COMBINED SINGLE LIMB (Ea accident)X API1'AUTO 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Perpersan) $ A X HIRED AUTOS BODILV IpIJURV $ X PION OWNED AUTOS (Per accident) PROPERLY DAMAGE $ (Peracatlenl) GARAGE LIABILITY AUTO ONLY EAACCIDENT $ ANYAUTO OTHERTHAN EA ACC $ AUTO ONLY ASS $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE RETENTION '6 WC $ OR E WORKERS COMPENSATION AND STATU- H EMPLOYERS'LIABILITY TORY LIMITS ER E L EACH ACCIDENT $ ANY PROPRIETOR*%RTNER/EXECUTIVE OFPCERIMEMBER EXCLUDED? EL DISEASE-EA EMPLOYEE $ If yes describe under SPECIAL PROVISIONS below EL DISEASE-POLICYLIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS E: Palm Springs Convention Center Expansion - Ph 2 - Marina Job 0415 (See Attached ECG205011299 & ECG205020100) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICETO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Turner Construction Company BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 44-139 Monterey Ave Suite 201 OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES, Palm Desert, CA 92260 AUTHORIZED REPRESENTATIVE o Paula Nicora, CISR/KIMS C• ACORD 25(2001/08) OACORD CORPORATION 1988 4/21/2004 15:30 LCIS Inc. Kim Saenz- Attn: Marlene 3/5 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 ACORD 25(2001/08) T 4/21/2004 15:30 LCIS Inc. Kim Saenz- Attn: Marlene 5/5 POLICY NUMBER 1 7 00003387-032 Marcia Landscape,Hic THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (S) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABLITY COVERAGE PART WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization: 1. Required to be named as an additional insured in a written contract or agreement; and 2. Approved by us as an additional insured. However, this amendment is subject to following: 1. This insurance does not apply to any person or organization not specifically approved by us as an additional insured; 2. Any insurance afforded an additional insured under this endorsement shall not begin before 12:01 A.M. on the date that person or organization is approved by us as an additional insured; 3. Regardless of the number of additional insureds, the limits of Insurance under this insurance shall not be increased; 4. Any Coverage that is not afforded under an additional insured's liability insurance for your acts, errors and omissions is also not afforded under this insurance; 5. No Coverage is provided under this insurance for liability based on the goods, products, acts, errors or omissions of an additional insured; 6. To the extent required under written contract, this insurance will apply to an additional insured as primary insurance and other insurance which may be available to such additional insured shall apply on an excess basis; 7. If required by a written contract, we waive our right to recovery against any additional insured because of payments we make for injury or damage arising out of: a. Your ongoing operations, or b. "Your Work" done under a contract with that additional insured and included in the "products- completed operations hazard". ECG 20 502 0100 Page 1 of 1 z( 4/21/2004 15:30 LCIS Inc. Kim Saenz- Attn: Marlene 4/5 POLICY NUMI3ER: 1 7 00003387-032 CONIlvIERCIAL GENERAL LIABILITY Marina Landscape, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM B) (CG 20 10 11 85) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. 04-16-2004 Name of Person or Organization: Turner Construction Company City of Pahn Springs As it pertains to Job @ Palm Springs Convention Center Expansion-Ph 2 Marina Job 0415 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) NN7130 IS AN INSURED (Section 11) is amended to include as an Insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work'for that insured by or for you. ECG 20 50112 99 Copyright,Everest Reinsurance Company, 1999 Includes copyrighted material of Insurance Services Office,Inc.used with its permission Copyright,Insurance Services Office,Inc, 1984 Page 1 of 1 L1, C_ o DATE _AC__OBQ, CERTIFICATE OF LIABILITY INSURANCE 04/21/2 4 PRODUCER (714)569-2700 FAX (714)569-3099 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PrideMark Insurance Agents/Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE A Leavitt GroupCompany HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR p Y ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1820 E. First Street, Ste.#500 Santa Ana, CA 92705 INSURERS AFFORDING COVERAGE NAIC# INSURED Marina Landscape Inc. INSURER United States Fire Insurance Co. Rated A- 1100 E. Katella Avenue INSURER Anaheim, CA 92805 INSURER INSURER D INSURER 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. INSR ADD'L TYPE OF INSURANCE POLICYNUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENIERAL LIABILITY DAMAGE TO RENTED T CLAIMS MADE ❑ OCCUR Ml EKE(Any one person) $ PERSONAL B ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG A POLICY PRO LAICECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accldenl) $ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Peracadent) $ PROPERTY DAMAGE $ (Peracadenp GARAGE LIABILITY AUTO ONLY-EA ACCIDENT ANY AUTO OTHER THAT] EA ACC $ AUTO ONLY AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ❑CLAIMS MADE AGGREGATE y $ DEDUCTIBLE 'C RETENTION $ $ WORKERS COMPENSATION AND 4060323819 08/01/2003 08/01/2004 X TORVLMT.Us GER EMPLOYEBS'LIABILIT' EL EACH ACCIDENT $ 1000000 A ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? EL DISEASE EAEMPLOYEE $ 1000000 II Yos,tlascnba under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ 1000000 OTHER ❑ESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS e: Palm Springs Convention Center Expansion-Ph-2. Marina Job#0415 10 Days notice of cancellation for nonpayment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBEO POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVORTO MAIL Turner Construction Company 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 44-139 Monterey Ave BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Suite 201 OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Palen Desert, CA 92260 AUTHORIZED REPRESENTATIVE Jack Wells/EC ACORD 25(2001/08) ©ACORD CORPORATION 1988