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HomeMy WebLinkAbout04841 - SHORING ENGINEERS CONVENTION CENTER EXPANSION CP02-27-04 VOtVill/ DOCUMENT TRACKING 131_ qdC - VW W-1- b"tV&V / ON- (t yv\�O� - Q p` Page: 1 Report: All Active Documents Listing X`lvlm- L;. ,uj\d V, 7 ao r p �a ` December 19,2005 r .r..^.^.C�,It:.^..^.: AI_:.Groups,S^ = y.^,.r. voEc=ooCCL�4E ".EN? Document ru Company Group Service iL Aprvi Date Expire Date Close Date A4840 ����� American Demo ��� PROCUREMENT NOC 03/17/2004 10/01/2005 F 4841 Shoring Engineers 6 0t-L PROCUREMENT NOC 03/17/2004 10/01/2005 A4843 { -Precision Concrete.. , PROCUREMENT NOC 03/17/2004 10/01/2005 A4844 Y! P� Temecula Mechanical C.loyc.. NOC 03/17/2004 10/01/2005 A4845 p� `.' K&-S Air Conditioning' PROCUREMENT NOC 03/17/2004 10/01/2005 A4846 Shasta Fire Protection Q(0- c- PROCUREMENT NOC 03/17/2004 10/01/2005 A4847 f Cove Electric ' a A PROCUREMENT NOC 03/17/2004 10/01/2005 A4850 @� H C I clo'X NOC 03/31/2004 03/01/2005 A4852 ,�(�• �� CMF Inc G�0'0& PROCUREMENT NOC 03/31/2004 10/01/2005 A4853 Construction Hardware Co 6(,osc PROCUREMENT NOC 03/31/2004 10/01/2005 A4854 Preferred Ceilings Inc Gust PROCUREMENT NOC 03/31/2004 10/01/2005 A4855 J Colavin&Son CAOwt PROCUREMENT NOC 03/31/2004 10/01/2005 A4856 Invironmentalists (2\,ocx( NOC 03/31/2004 10/01/2005 A4859 Palm Springs Mirror& Glass Inc PROCUREMENT NOC 03/31/2004 10/01/2005 A4860 Temecula Mechanical Inc Citay PROCUREMENT NOC 03/31/2004 10/01/2005 A4861 Advanced Equipment Corporation COW PROCUREMENT NOC 03/31/2004 10/01/2005 A4871 American Demolition Concrete CuttiDg PROCUREMENT NOC 04/14/2004 10/01/2005 A4879 DBM-Hatch Inc Chu yc o'�"� PROCUREMENT NOC 05/05/2004 10/01/2005 A4880 Standard Drywall PROCUREMENT NOC 05/05/2004 10/01/2005 A5019 Nick Pecoraro Painting & Decorating PROCUREMENT NOC 01/05/2005 12/01/2005 A5020 Arrowwood Works C�O`Y Y PROCUREMENT NOC 01/05/2005 12/01/2005 A5021 Verner Products GU°wc ,,( PROCUREMENT NOC 01/05/2005 12/01/2005 A5041 Saddleback Waterproofing 6b'?P PROCUREMENT NOC 02/16/2005 06/01/2006 A5050 Stumbaugh&Associates Inc. CJOW PROCUREMENT NOC 01/05/2005 01/01/2006 A5054 Cookson Doors C�b 11L PROCUREMENT NOC 03/17/2005 * * * * * * END OF REPORT " i DOG /1 2005— 0607250 08/16/2005 08:00A Fee:NC I PLEASE COMPLETE THIS INFORMATION Recorded page 1 of in Offici 2 al Records RECORDING REQUESTED BY: County of Riverside Larry W• Ward Assessor IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIII I IIIIIII IIIIIIII AND WHEN RECORDED MAIL TO: &. w1 z M /5 U ,PA/GE SIZE OA PCOR NOCOR SMF hIISC I A R L COPY LONG REFUND NCHG EXAM Space above this line for recorders use only TRA: /�:� 7SP Title of Document Tri 00 AREA FOR REG"ORDE USE ONLY r.� 0— r__ Itv le"r: `o _I THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3:00 Additional Recording Fee Applies) ACR 238P-AS4REO(Rev.0212003) I � I I Return To: I City Clerk City of Palm Springs P.O. Box 2743 Palm Springs, California 92263-2743 Filing fee EXEMPT per Government Code 6103 NOTICE OF COMPLETION NOTICE IS HEREBY given that: 1. The City of Palm Springs, California is a municipal corporation, organized and incorporated pursuant to the laws of the State of California. 2. The City Clerk of the City of Palm Springs is authorized and directed to execute, on behalf of said City, any and all Notices of Completion. 3. The address of the City of Palm Springs is City Hall, 3200 E. Tahquitz Canyon Way,Palm Springs, California(P.O. Box 2743,Palm Springs, California 92263-2743). 4. The public work improvement on the hereinafter referred to real property within the city was COMPLETED on the 15th day of August, 2005. 5. The name of the contractor(if named)for such improvement was: Shoring Engineers 6. The public work improvement, which was completed in the City of Palm Springs, County of Riverside, State of California, is described as follows: Palm Springs Convention Center Expansion-Phase II, City Project No. 02-27, Drilled Caissons. 7. The property or location of said property is: 277 N. Avenida Caballeros,Patin Springs, California, 92262. i 8. City Project No: 02-27 Agreement No. A4841 Resolution No. 20851 I ! DATED: �` CITY OF PALM SPRINGS By: Project Administrator JAMES THOMPSON, being duly sworn, says: �vno OT That he is the City Clerk of aforesaid City of Palm Springs, California,the corporation that executed the foregoing notice;that he makes this verification on behalf of said corporation;that he has read the foregoing Notice of Completion, and knows the content thereof, and that the facts stated therein are true; that as said City Clerk, he makes this verification on behalf of said municipal corporation. City Clerkdex InNo. II I II I I I I III III I IIII I II II 1111111111111 09 216052005 23500R CITY OF PALM SPRINGS F ` PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CONSTRUCTION CHANGE ORDER To: Shoring Engineers Date: November 3, 2005 12645 Clark Street .`C IV LE.�^'� Project No. 02-27 Santa Fe Springs, CA 9067R) Change Order No. 2 Purchase Order No. 416604 Attn: Rene Contreras 0 2095 Agreement No. A4841 Account No. 4283-50003 :11jRbI"R CONSTRUCTION M Description of Change to be Made: Description Add/Deduct Amount Backcharge for Re-Survey of Pylon Caissons damaged by Drilling DEDUCT: <$ 327.00> Rig. Backcharge for repair of Curbs/Gutter/Asphalt @ Calle Alvarado DEDUCT: <$ 1,173.00> TOTAL DEDUCT <$1,500.00> AUTHORIZATION FOR CHANGE: 1) PCO 118;2) 120 Summary of Cost/Time Original Contract Price $ 153,000.00 Total of all Previous Change Orders $ 44,488.00 Total of this Change Order <$ (1,500.00> Total Contract Price $ 195 988.00 This Change Order(increases) (decreases) (unchanged)the contract time by 0 working days. 1 I have received a copy of this Change Order Constr. Manager. and th�above AGREED PRIC re acceptable Approval: Date: 9f ti to the contractor. Turner C s io C pany City Approval: P / By: ✓' — — _ submitted By: Date: j Owner's Re resent ve S Title: V( MuK r p Approved by: Dater Date: P of i r Distribution: Original Conformed Copies Conformed - File Copy City Clerk (1) Project Administrator (1) Contractor (1) Procurement & Contracting (1) Finance (1) Owner's Representative (1) Turner Construction (1) APPROVED BY CITY COUNCIL. Vs,(,) a V06 V . CITY OF PALM SPRINGS VM/ PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CONSTRUCTION CHANGE ORDER To: Shoring Engineers Date: July 14, 2004 12645 Clark Street Project No. 02-27 Santa Fe Springs, CA 90670 Change Order No. 7 Purchase Order No. 416604 `% Attn: Rene Contreras Agreement No. A4841 - Account No. 4n3-50003 Description of Change to be Made: Description Add/Deduct Amount Incorporate Issued for Construction Plans Volumes 1 of 3, 2 of 3 & 3 ADD: $ 44,488.00 of 3 and Project Specifications Volumes 1 of 2 &2 of 2 dated May 10, 200A into your firm's Scope of Work. Work specifically includes new caisson revisions at pylon foundations. TOTAL ADD: $44,488.00/1111- AUTHORIZATION FOR CHANGE: PCO 1 Summary of Cost/Time Original Contract Price $ 153,000.00 Total of all Previous Change Orders $ 0.00 Total of this Change Order $ 44,488.00 Total Contract Price $ 197.488.00 This Change Order(increases) (decreases) (unchanged) the contract time by 0 rking days. I have received a copy of this Change Order Constr. Manager: N /� and the above AGREED PRI ES are acceptable Approval: Date: !/ "^ to the conttor. D Turner o tructi Cd pa y City Approval: � r By: Submitted By: � d f Date: �� t� �I�� ( dfl- Owner' Re ntative Title: Approved by: �. rese � ' ' �� � &<, Date: Date Project Administrat or 1 Distribution: Original Conformed Copies Conformed - File Copy City Clerk (1) Project Administrator (1) Contractor (1) Procurement&Contracting (1) Finance (1) �I, B "II 1`I�f i� p Owner's Representative (1) I °1=•'� �� I�a,ll_,�� Turner Construction (1) u@9.RJ RnniNigTRnrTir —r Mr, t"J�� IlJL Z 2 ��94 Shoring Engineers Convention Center CP02-274 AGREEMENT #4841 R20851 , 3-17-04 AGREEMENT THIS AGREEMENT made this 6th day of, April in the year 2004, by and between the City of Palm Springs, a charter city,_;rganized 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 Shoring Engineers, hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1-THE WORK The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s) of the City Contract's contract Documents entitled: Palm Springs Phase II Palm Springs Convention Center Expansion Phase II City Project No 02-27-4 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- 4. 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 ($153,000) 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. 01 RIG sio a"" AGREGOENT Diprr vrp Ann A - 6 ARTICLE 4-THE CONTRACT DOCUMENTS The Contract Documents consist of : notice Inviting Bids, Instructions to Bidders, the accepted Bid and Bid Schedule, the Schedule of Values, Bid Security or Bid Bond, this Agreement Worker's Compensation Certificate, Performance Bond, Multiple Oblige Rider to Performance Bond, Payment Bond, Notice of Award Notice to Proceed, Notice of Completion, General Conditions of the Contract, Supplementary General Conditions of the Contract, the Technical Specifications, Drawings listed in The Schedule of Drawings in the Supplementary General Conditions or in the Index on the Cover of the Drawings, Addenda numbers 1, 2, and 3,. inclusive, and all Change Orders, and Work Directive Changes which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 5- PAYMENT PROCEDUERES The Contractor shall submit Applications for Payment in accordance with the provisions of the General Conditions and the Supplementary General Conditions of the Contract. Applications for Payment will be processed by the City as provided in the Contract Documents. ARTICLE 6- NOTICES Whenever any provision of the Contract Documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address know to the giver of the Notice. ARTICLE 7- MISCELLANEOUS Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in said General Conditions and Supplementary General Conditions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due many not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors , assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS ATTEST: a municipal corporation l3 : l3 . City Clerk r APPROVED AS TO FORM: ^POW'#UFO -f idVf1° C' '°��x"` City Attorney SIGNATURES ON NEXT PAGE Agreement Amount Reviewed and approved by Procurement & Contra cting InitialCbiv Date ,- ue- 7 a . CONTRACTOR: Check one:_Individual _Partnership X Corporation Corporations require two notarized signatures: One from each of the following:A. Chairman of Board, President, or any Vice President AND B. Secretary,Assistant Secretary,Treasurer,Assistant Treasurer, or Chief Financial Officer. NATU�NtST4IZE-D �SIGNATURE NOTARIZED Name: GEORGE WOODTEsI, JR JANICE O. WOODLEY Title: VICE PRESIDENT Title TREASURER Address: 12645 CLARx STREET Address: 17F,4r OL,ARK STREET SANTA FE SPRINGS, CA 90670 SANTA FE SPRINGS, CA 90670 State of CALIFORNIAState of OAWFDg ICII r County of r,OG A;gCR7,FR County of Wc- 6FLM RVIAgy (2UOL4 ' —W 1 UmUC On4MVq before me REF1E D• CfilSf FPK/ 01141M before me RETIE D. UNMEVASr personally appeared CEDRGL "ODII-V3112. personally appeared JAMIL'!` 0. 6UODDP6Y personally known to we personally known to me 0xv) )jXx 42@ kS$4t1� � A442C4{ 414IIf7to be the to be the pe,rsonfg whose name(y) isr subscribed person(X whose name(is/subscribed to the within instrument and acknowledged to the within instrument and acknowledged to me drat he/XKXWexecuted the same in to me lratXt 75tie y executed the same in hisUM=authorized capacity(XU and /hez/& autluorized capacity and That by his jLgkfti k signatureW on the that byjtk3/herfflK9jKsignaturcN on the instrument the person(), or the entity upon instrument the persons or the entity upon behalf of which the person(X) acted, behalf of which the person(F)acted executed the instrument. executed the instrument. TNESS my hand an cial seal, WrMESS my hand and o ra eal. N tary Signa e Notary Signature Notan Seal: Not y Seal: RENE D.CONTRERAS RENED.CONTRERAS COMM.#1284296 COMM.R128b246 ^�s NOTARY PURLIGCAUPORNt9-�yy r. .: NOT COMM..#1284IFOEtNiA>;� a Lo,ANGELES COUNT' fi� !' LOS ANGELES COUNTY e My Comm.6m.Nov.16,208q My CDMM,E(P.NOV,16,2004 p� `�'-'"7•``v'`vW`v`$`a'g�'°'.us--`0 +l F7'a°rr���r"'�"�v"F'%"c TRADE BID TRADE BID PACKAGE# 4 TRADE DESCRIPTION Drilled Piers 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): Number 1 Date FEBRUARY 27, 2004 Number 2 Date MARCH 5, 2004 Number 3 Date MARCH 9, 2004 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 Bidderfurther agrees to complete the Work required underthe Contract Documents within the Contract Time stipulated in said Contract Documents,and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s)named in the aforementioned Bidding Schedule(s). Date: 3/16/04 Bidder: SHORING ENGINEERS �R W EY R. csis�aum) Title: VICE PRESIDENT TRADE BID TRADE BID FORMS-2 TRADE BID SCHEDULE Lump Sum Price for Construction of The Palm Springs Convention Center Expansion Phase II Project No. 02-27 in the City of Palm Springs, California TRADE BID PACKAGE NO.: 4 TRADE BID PACKAGE DESCRIPTION: Drilled Piers TOTAL BID PRICE- (INCLUDING PERFORMANCE AND PAYMENT BOND PREMIUM)- $ $153,000.00 Price in figures ONE HUNDRED FIFTY THREE THOUSAND DOLLARS EVEN Price in words Price in wards BIDDER: SHORING ENG BYLL s'g Ofe G E WOODLEY, JR. TITLE: VICE PRESIDENT DATE: 3/16/04 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. NONE N/A N/A N/A 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 I ) ss' County of LOS ANGELES ) I, GEORGE WOODLEY, JR. being first duly sworn, deposes and says that he or she is VICE PRESIDENT of SHORING ENGINEERS the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. BIDDER SHORING ENGINEERS B GEORGE WOODLEY, JR. TITLE VICE PRES T ORGANIZATION SHORING ENGINEERS ADDRESS 12645 CLARK STREET, SANTA FE SPRINGS, CALIFORNIA 90670 SUBSCRIBED AND SWORN TO BEFORE ME THIS 16TPAY OF MARCH COMM.N12NM 4NTARY PUBLIC N AND FOR SAID MOTNtAN%WCOVM u9 � . LOSM1GElE5 COUN7Y to COUNTY AND ST MY Comp.Exp.Nm,16,2001 N MY COMMISSION EXPIRES: NOVEMBER 16, 2004 City of Palm Springs NON-COLLUSION AFFIDAVIT TRADE BID FORMS - 5 BID BOND KNOW ALL MEN BY THESE PRESENTS, That SHORING ENGINEERS as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND 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 BID--- $ 1006--- 07m Pac.U1110%101 told ai Prwoanp 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 said City in such suit, including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED, this 15TH day of MARCH 20 04 SHORIN ENGINEERS (SEAL) B (SEAL) (SEAL) (Principall FIDELITY AND DEPOSIT COMPA OF MARYLAND (SEAL) (Su l By: D.J. PICARD, ISignature) ATTORNEY-IN-FACT SEAL AND NOTARIAL By: ACKNOWLEDGMENT OF SURETY (Signature) BID BOND City of Palm Springs BID TRADE FORMS - 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On MARCH 15, 2004 before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER-E.G..'JANE DOE,NOTARY PUBLIC' personally appeared D.S. PICARD NMAE(S)OF SIGNER(S) © personally known to me - OR - ❑ ptdrT �ID1R � isaati� tott� to be the personM whose name(s:):is/am subscribed to the within instrument and ac- knowledged to me that he/sUeAhagr executed the same in histhaK thsk authorized �Ldanr.ffl�6 capacity , and that by his/da""AN94 �; �J, QyEikaCy PUSRE9Ce�aIOfOPnh� UJ signatureM on the instrument the person(b), W&�QT p ����_ or the entity upon behalf of which the ��'��'l personW acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NO _) OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER BID BOND TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ONE ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: MARCH 15, 2004 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSOKS)OR EMITY(JES) N/A FIDELITY AND DEPOSIT COMPANY SIGNER(S)OTHER THAN NAMED ABOVE OF MARYLAND CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California -- ss. County of (//AS AN�EGES On 571/6tiii0¢ before me, FM14c- C% .Noyfly Pwe%c Date Name and Title of officer yoff—icer(e.g,"Jane Doe,Notarye,Notary Pubili personally appeared �lEo(�('JF WWOG�/ d , Na e(s) Bigner(s) Xersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(, rwhose name(o<ls/,ll subscribed to the within instrument and RENE D.CONTRERAS kacknowledged to me that he/ t executed N COMM.N1284296 y 9 ' NOTARY PUOUGCAUFORNIA the same in his/befrthkr authorized Q e LOSANGIRJS COUNTY ca acit I,,J� d that b his/IyeVThsit� My Comm Exp.Nov.16,2004 IT y(I+� /+ an y signature4a)'on the instrument the person(•s)!or the entity upon behalf of which the person(,e)' acted, executed the instrument. ESS my n nd Cliff 'a eal Place Notary Seal Above ature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document �f� Title or Type of Document: �N a Document Date: 3166 lb¢- Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: C6�{i� G1J�DGEY �✓r2- 0 Individual Top of thumb here /1<1 Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: S'AD�/aTET 01997 National Notary Assoclation•9350 De Solo Ave.,P.0 Box 2402•Chatsworth,CA 91313-2402 Prod No 5907 Reorder:Call Toll-Free 1-800-876-6827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE:P.O.BOX 1227,BALTIMORE,MD 21203-1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland,by W.B.WALBRECHER,Vice-President,and T.E.SMITH,Assistant Secretary, in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company,which are set forth on the reverse side hereo are hereby c d to be in full force and effect on the date hereof,does hereby nominate,constitute and appoint D.J. Picard,of Orange rnia,its d lawful agent and Attomey-in-Fact,to make, execute,seal and deliver,for, and on its behalf as surety, and aW and dee - and all bonds and undertakings and the execution of such bonds or undertakings in pursuance of these presents,sha binding u Company,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the reg ected offs re Company at its office in Baltimore,Md.,in their own proper persons.This power of attorney revokes that issued on beh .Picard, ptember 9, 1996. The said Assistant Secretary does hereby certify that the extract h on the re 'de hereof is a true copy of Article VE Section 2,of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF,the said Vice-President and Assi nt crelary ha h mo subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYL his Istria ril,AD1998. I ATTEST: FIDELITY AN' POSIT ANY OF MARYLAND SEAL �. By: �Gi-LI/ ", T E.Smith AssistantAssistant ry W.B. Walbrecher Vice-President State ofMaryland } ss: County oFBalGmore On thus I st day of April,A.D. 1998,before the s Or,a Notary Public of the State of Maryland,duly commissioned and qualified,came W.B. WALBRECHER, Vice-President and T. E. SMITH,? stant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,and being by me duly swam,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. ed, � Car 7J.Fader Notary Public My Co hmiss' Expires: August I,2000 CERTIFICATE 1,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and 1 do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI,Section 2,of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND This Power of Atlomey and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: 'That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,this 15TH day of MARCH 2O04 Assistant Secretary L1428-012-0631 ZURICH TI3IS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism(as defined in the Act)under this bond is $_waived . This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act)with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism(as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is I%of direct earned premium in the prior year; for 2003, 7%of direct earned premium in the prior year, for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed$100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life,property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier(as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel(or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But,no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act,in the aggregate, do not exceed$5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 -0050749.doc Palm Springs Convention Center Expansion Phase II City Project 02-27 List of Applicable Documents For Trade Bid: #4 Drilled Piers Awarded to: Shoring Engineers 0 Bid Package 1, with drawings 0 Addendum No. 1, with drawings * Addendum No. 2 O Addendum No. 2-2, -10, -12 ® Addendum No. 3, with drawings O Addendum No. 3-3 O Addendum No. 3-7 O Addendum No. 3-10 O Addendum No. 3-12 O Addendum No. 3-13 O Addendum No. 3-17 O Addendum No. 3-24 License Detail Page 2 of 2 lil O VVIV VI\LIL D09 DRILLLN_.G BLASTING AND O.I.L FIEL..D_W_-R * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 8081554 in the arr $10,000 with the bonding company FIDELITY AND DEPOSIT COMPANY OF MARYLAND. Effective Date: 01/01/2004 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) GE ALLEN WOODLEY SR certified that he/she owns 10 percent or more of the voting stock/e the corporation. A bond of qualifying individual is not required. Effective Date: 01/01/1980 * * * Workers Compensation Information This license has workers compensation insurance with the STATE COMPENSATION_INSURANCE .FUND Policy Number: 6663045 Effective Date: 04/01/2002 Expire Date: 04/01/2004 Workers..Compensation_History Personnel listed on this license (current or disassociated) are listed on other licel Personnel List Other Licenses License Number Request Contractor Name Request Per Name Request Salesperson Request Salesperson Name Request ©2003 State of California. Conditions of Use Privy Policy http://www2.cslb.ca.gov/CSLB_LI13R-ARY/License+Detail.asp?LicNuin=245416 4/5/2004 PALM SPRINGS CONVENTION CENTER EXPANSION PHASE If CITY PROJECT NUMBER: 02-27 TURNER PROJECT NO. 8640MA TRADE BID NUMBER: 4 DRILLED PIERS February 6, 2004 SCOPE OR WORK PROVISIONS 4-DRILLED PIERS 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 4 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 Drilled Piers 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: 4 DRILLED PIERS 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 Owners 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 Drilled Piers 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) 02300, 02468, 03200 and 03300_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 Drilled Piers 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: 4 DRILLED PIERS 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 Drilled Piers 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 faculty 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 Logistic plan, dated February 6, 2004. Limited Office Trailer space is available to the Trades that are required to 3 PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CITY PROJECT NUMBER: 02-27 TURNER PROJECT NO. 8640MA TRADE BID NUMBER: 4 DRILLED PIERS February 6, 2004 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 Caisson Trade Contractor shall mean Drilled Piers Trade Contractor. References to Drilled Piers Trade Contractor shall mean Caisson 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 Logistic plan, dated February 6, 2004. All temporary removal, relocation and replacement of fencing to perform your work will be this Trade Contractors responsibility. Coordinate removal, relocation and replacement of fencing with Turner 72 hours in advance of commencement of work. Specific Scope: 1. Spoils shall be placed onsite at a coordinated location determined by Turner and the Site Demolition and Grading and Concrete Trade Contractors. 2. Provide full protection of excavations where excavations are opening and concrete will not be poured on the same day. 3. Provide acceptable protection/planking for any required inspection of drilled piers holes. 4 PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CITY PROJECT NUMBER: 02-27 TURNER PROJECT NO. 8640MA TRADE BID NUMBER: 4 J DRILLED PIERS February 6, 2004 4. Provide care and reasonable protection of surveying stakes and be responsible for replacement for restaking where survey stakes are removed or damaged (by this Trade Subcontractor) in the performance of your work. 5. Provide (furnish and install) concrete reinforcement per Specification Section 03200. Hoist and set rebar cages. Include spacers, adobes and templates as required for proper placement, elevation and coverage of rebar cages. Coordinate delivery of rebar cages and facilitate truck access to drilled piers location and timely hoisting of cages. 6. Submit Unit Prices upon request in accordance with Specification Section 02468, Paragraph 1.01.C, Unit Prices. 7. If required, pile caps will be excavated prior to caisson drilling/placement. Provide final cleanout of pile cap excavation prior to placement of foundation reinforcing. 8. Coordinate top of drilled piers elevations with structural drawings and Concrete Trade Contractor. Rebar tails and top of drilled piers concrete shall be left in a condition to allow for proper bonding of concrete pile cap. 9. Provide approved protection of drilled piers rebar. 10. Provide casings as may be required. 11. Remove and stockpile all spoils created from drilling operation at a location on site approved by Turner. 12. Provide drilling equipment, rig capacities and drilling procedures so as to meet the recommendations of site conditions and the Geotechnical Report. 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. None 5 PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CITY PROJECT NUMBER: 02-27 TURNER PROJECT NO. 8640MA TRADE BID NUMBER: 4 DRILLED PIERS 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. Export of spoils 5. Initial survey/layout of drilled piers. (by Surveyor) 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. 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 PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CITY PROJECT NUMBER: 02-27 TURNER PROJECT NO. 8640MA TRADE BID NUMBER: 4 I; DRILLED PIERS February 6, 2004 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. 2. 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. Demolition and construction of east portion of loading dock after completion of new loading dock will be considered a separate phases. 7 PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II CITY PROJECT NUMBER: 02-27 TURNER PROJECT NO. 8640MA -- TRADE BID NUMBER: 4 DRILLED PIERS February 6, 2004 b. Demolition of east main lobby east Pre-function area after March 8 2004 and will be considered a separate phase. c. Demolition of south Pre-function and corridors areas will be considered a separate phase. d. Demolition of Oasis 5 and exterior after March 8. 2003, and will be considered a separate move-in. J. Schedule of Values 1. The Trade Contractor shall provide, within ten (10) days of Contract award the following: a. A detailed schedule of values, with the appropriate system/work breakdown, for each building, which shall be used for monthly progress billings. The schedule of values shall be prepared on the AIA G702/703 forms or a similar form as approved by Turner and City. The schedule of value shall be itemized breakdown, including but not limited to, material, equipment, labor, submittals/shop drawings, closeout, training, allowances, safety, clean-up, and shall be detailed by areas, major disciplines and systems. 2. Provide an estimate of the monthly value of work-in place and manpower. K. Submittal Schedule 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. 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 8 PALM SPRINGS CONVENTION CENTER EXPANSION PHASE If CITY PROJECT NUMBER: 02-27 TURNER PROJECT NO. 8640MA TRADE BID NUMBER: 4 I DRILLED PIERS February 6, 2004 c) Safety Glasses d) Safety Gloves e) Proper attire such as shirts with sleeves and long Work pants. f) No illegal substances or alcohol on or near the project. g) All Trade Contractor equipment is to be inspected on a daily basis for safety compliance. h) 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 (4 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 9 MULTIPLE OBLIGEE RIDER TO PERFORMANCE BOND To be attached to and form part of Bond Number 8576297 with FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety, SHORING ENGINEERS as Principal,and CITY OF PALM SPRINGS ,as Obligee, for valuable consideration, hereby agree respectively in connection with a contract for DRILLED PIERS - PALM SPRINGS CONVENTION CENTER EXPANSION PHASE II which bond and contract are made a part hereof by reference, shall now include as additional Obligee(s) U.S. Department of Interior Bureau of Indian Affairs "Pertaining to Lease PSL-315" This bond is subject to the condition that no Obligee shall have any right or action greater than those of any other Obligee and shall be subject to all offsets and defenses, however arising,which might be available against any other 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 Obligee may be made by its check issued to the Obligees jointly. Neither the execution nor language of this instrument,nor any previous negotiations,shall be construed as relieving any Obligee from the due and timely performance of such obligations and duties as he,or his agent or represetnative,may owe to the Principal or the Surety under the contract or bond. Witness the following signatures and seals this 23RD day of MARCH 2O04 PRINCIPAL: SHORING ENGINEERS SURETY: FIDELITY AND DEPOSIAOMPANY OF MARYLAND Check One: —individual;_partnership; X corporation B + Y (Corporations require two signatures: one from each of the D.J. PICARD, following groups: A. Chairman of Board,President or any Vice President;and B:Secr tary, Asst.Secretary,Treasurer,or Chief Tule ATTORNEY-IN-FACT Financial Officer) BY r (SEAL&NOTARIAL ACKNOWLEDGMENT OF SURETY) ignature(NOTARIZED) PRINT NAME AND TITLE By Signature(NOTARIZED) PRINT NAME AND TITLE: 0E'Dp C 1M)®D4v TK•/ VIe Pftawff CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of r()s Arrr,Fr to s 25-Mar-2004 Rene'D. Contreras, Notary Public On , before me, , Date Jason E. Weinstein Name and Title of Officer(e.g.,'Jane Doe,Notary Publid') personally appeared Name(s)of Slgner(s) IN personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(;) whose name" iS/KWr' subscribed to the within instrument and acknowledged to me that he/Mola executed - the same in his&x%6&& authorized capacity(, and that by his/Ixenj-va� signaturejW on the instrument the persona, or QED ODr the entity upon behalf of whichAhe person(o IXIPUBLIC-CAU y acted, executed the instrument. NOTARYNGELES CAtlNr( 70 Q R : LOS ANGELES COUNTY tit My Comm.ExN Nov.16.21104 ESS my n and o ici I. Place Notary Seal Above Slgn re d Notafy Publlc OPTIONAL J 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 Multiple Obligee Rider Title or Type of Document: 25-Mar-2004 Document Date: Number of Pages: n/a Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Vice President Tap of thumb here X Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Shoring Engineers Signer Is Representing: 01997 National Notary Association•9350 De Seto Ave.,P.O.Box 2402•Chalsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll ma 1-800-876-8827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of i rlS ANGEL PS 25-Mar-2004 Rene'D. Contreras, Notary Public On before me, Data Name and Too of Officer(e.g.,'Jane Doe,Notary Public") George A. Woodley, Jr. personally appeared Name(s)of Signer(s) 9 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(X) whose namel;•s¢ is/3tw.` subscribed to the within instrument and acknowledged to me,that he/ahaM executed the same in his/�0jx authorized capacity(s , and that by his/Isceat RENEp CONTReUt L signatures on the instrument the personal, or tonn.Oixe�m D the entity upon behalf of whichAhe person( NOTARY"r_r V.IFORNVAap acted, executed the instrument. Q ° ; LOS ANGELES COUNTY Vie NY Calm.11 Nov.16,2001 .� s-v s ESS my h nd offici Is 21 r� Place Notary Seal Above natu of Notary P bllo 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 Multiple Obligee Rider Title or Type of Document: 25-Mar-2004 Document Date: Number of Pages: n/a Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Vice President Top of thumb here l Corporate officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Shoring Engineers Signer Is Representing: 01997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Pad.No,5907 Reorder.,Call Toil-Free 1-500-076-6327 CAOFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On MARCH 23, 2004 before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC , DATE NAME,TITLE OF OFFICER-E.G..VANE DOE,NOTARY PUBLIC' personally appeared D.J. PICARD NAME(SI OF SIGNER(S) © personally known to me - OR - ❑ �� to be the personW whose name(a) is/ subscribed to the within instrument and ac- knowledged to me that he/sfiotftast executed �v,_ ��� l� the Same in hisf yarAink authorized sl, M capacity and that by hisMi /[ v sl nature on the Instrument the erson or the entity upon behalf of which the - persons acted, executed the instrument. WITNESS my hand and official seal. 81 NATURE OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER MULTIPLE OBLIGEE RIDER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ONE I ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: MARCH 23, 2004 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENINY(IES) N/A FIDELITY AND DEPOSIT COMPANY SIGNER(S)OTHER THAN NAMED ABOVE OF MARYLAND Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE:P.O.BOA 1227,BALLMORE,MD 21 20 3-122T Know ALL MEN BY THESE PRESENTS That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland,by W B.WALBRECHER,Vice-President,and T.E.SMITH,Assistant Secretary,in pursuance of authority granted by Article VI,Section 2, of the By-Laws of said Company,which are set forth on the reverse side beret, we hereby c d to be in full force and effect on the date hereof,does hereby nominate,constitute and appoint D.J.Picard,of Orange rain,Its d lawful agent and Attorney-in-Fact,to make,execute, seal and deliver, for, and on its behalf as surety,and a�stef and dee and all bonds and undertakings and the execution of such bonds or undertakings in pursuance of these presents,sha binding u Company,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the reg ected offs to Company at its office in Baltimore,Md.,in their own proper persons.This power of attorney revokes that issued on bell Picard, ptember 9,1996. The said Assistant Secretary does hereby certify that the extract It(in the re 'de hereof is a true copy of Article VI, Section 2,of the By-Laws of said Company,and is now in force. a IN WITNESS WHEREOF,the said Vice-President and Assl ncremty I "to subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARY�his 1 st d y"ril AD 1998. U ATTEST: FIDELITY ANIWPOSIT C DUANY OF MARYLAND oSEAL .�. By: (,(�GIlGLC6�e.�i/r T.E.Smah) Asszstani ry W.B Walbrecher Vice-President State of Maryland } ss: County ofBellimore J On this 1st day of April,A.D 1998,before the ssbw r,a Notary Public of the State of Maryland,duly commissioned and qualified,came W B. WALBRECHER, Vice-President and T E. SMITH,7w slant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,and being by me duly swom,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF,1 have hereunto set my hand and affixed my Official Seal the day and yen first above written. �Dseo Car I JI F� Notary PabGc My Co miss: August 1,2000 CERTIFICATE 1,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a folk true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Anomey was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Atiomey-in-Fact as provided in Article VI,Section 2,of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Otb day of May, 1990. RESOLVED "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President.Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed" IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,this 23RD dayof MARCI3 2004 AsSIS(anl.yecre(al3i L1428-012-0631 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attomeys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements,decrees,mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." ZURICH TIiIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism(as defined in the Act) under this bond is $_waived_. This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002,we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terns, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act)after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1%of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10%of direct earned premium in the prior year; and for 2005, 15%of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed$100 billion in any one calendar year, Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life,property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carver(as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel(or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But,no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed$5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 -0050749.doc BOND NUMBER: 8576297 PREMIUM: $1,780.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENT'S, That Shoring End neers,as Contractor and,Surety, FIDELITY AND DEPOSIT COMPANY OF MARYLAND are held frrmlybound unto the City of Palm Springs, a Charter City,organized and existing in the County of Riverside,Califoraia,hereinafter called the"City,"in lino swn of:$153,000.00(One hundred fifty three thousand) dollars,.£or 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 boon awarded and is about to enter into the annexed AgTeernent with said City to perform the Work as specified or indicated in the Contract Documents entitled: PALM SPRINGS PHASE It Palm Springs Convention Center Expansion Phase H CITY PROJECT 02-27-4 Palm Springs Convention Center NOW TMREt'ORE,if said Contractor shall perform all the requirements of said Contract Docttmonts required to be performed on its part,at the times and in the mu nor specified berein,thou 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 Lunde pursuant to the terms of said Contract.Documents,shall not in any way release said Contractor or said Staety thereunder,nor shall any extensions of time granted under the provisions of said Contract Doctuneats,release either said Contractor or said Surety, and notice of such alterations or extensions of the Agreentent is hereby waived by said Stwoty. SIGNATURES ON NEXT PAGE IIECEIVED MAR 2 3 2004 SIGNED AND SEALED, thi9 23 RD day of MARCH, 2004. Contrn.ctpY'i, SHORING ENGINEERS Contwtor HORING ENGINEERS 13— sy , L' - Title VI�F i�lf?�Jf" Title VIDE �RE5IDEAI,T` Corporations require two notarized signatures: One from each of the following: 1. Chairman of Board, president, or any Vice president:AND 2. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer). SEAT,AND NOTARIAL ACKNOWLEDOMBNT OF SURETY Surety FIDELITY AND DEPOSIT C MPANY OF MARYLAND By D.J. PICARD, l Tide ATTORNEY-IN-FACT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of r 0a ANC'Fr FR 25-Mar-2004 Rene'D. Contreras, Notary Public On before me, Date George,Q?rr4SQbT(t){Qiixt*.(e.g.,"Jane Coe,Notary Public") personally appeared Name(s)of Signer(s) 9 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(e) whose nameW is/m., subscribed to the within instrument and acknowledged to me that he/sty executed the same in hIS {QfX authorized capacity(, and that by his/bobtN30 ewe ®a signatures on the instrument the person¢o, or ,;,;;,., , RENE U.CONTRENAS the entityupon behalf of which the arson C4 - CONM.M1�.8429i P p (o NornaryuauccAuroRNtA acted, executed the instrument. �r LOS ANGELE.S COUNTY RP. rl Ny Comm.Sty.Nov.142Q01 N WI ESS h d and o i ' al. Place Notary Seal Above Ignature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Performance Bond Title or Type of Document: q Document Date: 25-Mar-2004 Number of Pages; Signer(s) Other Than Named Above: n/a Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual WOMAN I& Corporate Officer—Title(s): Vice President Top of thumb here ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Shoring Engineers Signer Is Representing: ©1997 National Notary Associallon-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-300-876-6327 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of MS arrrFr FS 25-Mar-2004 Rene'D. Contreras, Notary Public On before me, Date aSOn EN*VG7n_q'tCy-tflfflcer(e.g.,"Jane Doe.Notary Public") personally appeared Name(s)of Signer(s) X personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(4) whose named is/ .- subscribed to the within instrument and acknowledged to me that he/$heft2p executed the same in hiss& authorized capacity(, and that by his/per{ L'a REINS D.CONTP;ERAS si na p Co1'N.#n842% g tur on the instrument the erson or NOYARYPUBUGCAUFORNIA the entity upon behalf of whichAfie person(so LOSANGEISCOUNrY NYCarm6p.Nacf6,2w4 �' acted, executed the instrument. ESS d and o ic' eal. Place Notary Seal Above kigntUre of Notary Public OPTIONAL Though the information below is not required bylaw,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Performance Bond Title or Type of Document: q Document Date: 25-Mar-2004 Number of Pages: Signer(s) Other Than Named Above; n/a Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual K Corporate officer—Title(s): Vice President Top of thumb here ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: shoring ngmeers Signer Is Representing: 01997 Nallonal Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Tall-Free 1-800-875-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On MARCH 23, 2004 before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER•E.G.,'JANE DOE,NOTARY PUBLIC personally appeared D.J. PICARD NAME(S)OF SIGNERS) ® personally known to me - OR - ❑ prd acto> esrftY to be the personO whose name(s) is/axe subscribed to the within instrument and ac- knowledged to me that he/&tDaftJW executed the same in hiss Ntt"lr authorized capacity( , and that by his~MW signature(r4 on the instrument the person(, ow��n;',CO )�h1 m or the entity upon behalf of which the 6 ii:n,F. r„ItiIv122t2I10�i 'i personW acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOT CRY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER PERFORMANCE BOND TITLE OR TYPE OF DOCUMENT TfRE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL TWO ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAITCONSERVATOR ❑ OTHER: MARCH 23, 2004 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENRY(IES) N/A FIDELITY AND DEPOSIT COMPANY SIGNER(S)OTHER THAN NAMED ABOVE OF MARYLAND Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE:P.O.BOX 1227,BALaIMORE,MO 21203-1227 Know ALL MEN BY THESE PRESENTS That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland,by W.B.WALBRECHER,Vice-President,and T.E.SMITH,Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company,which are set forth on the reverse side heron are hereby c it to be in full force and effect on the date hereof,does hereby nominate,constitute and appoint D.J.Picard,of Orange rnia,its a d lawful agent and Attorney-in-Fact,to make,execute, seal and deliver,for,and on its behalf as surety, and a� and dee - and all bonds and undertakings and the execution of such bonds or undertakings in pursuance of these presents,sha binding u Company,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the reg ected offs ie Company at its office in Baltimore,Md.,in their own proper persons.This power of attorney revokes that issued on bell .J.Picard, ptember 9,1996. The said Assistant Secretary does hereby certify that the extract It on the re de hereof is a true copy of Article VI, Section 2,of the By-Laws of said Company,and is now in force. o IN WITNESS WHEREOF,the said Vice-President and Assi at crelary ha hZteLnto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYhis Ist day�blrii,A.D. 1998. w ATTEST: FIDELITY AN POSIT COMPANY OF MARYLAND Gr^°", oSEAL �. By ( GVGtL6u 4�— T E Smith Assistant ry W B. Walbrecher Vice-President State of Maryland ss County of Baltimore On this Ist day of April,AD 1998.before the s b�,a Notary Public of the State of Maryland,duly commissioned and qualified,came W.B. WALBRECHER, Vice-President and T. E SMITH slant Secretary, of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,and being by me duly swom,severally and each for himself deposeth and sailh,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. e- Cardl J.Fodor Notary Public My Co miss' Expires: August 1,2000 CERTIFICATE 1,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and 1 do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VL Section 2,of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,this 23RD day of MARCH 2O04 Assistant Secretary L 1428-012-0631 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assigmnents of judgements,decrees,mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." BOND NUMBER: 8376297 PREMIUM CHARGED 15 INCLUDED IN PERFORMANCE BOND PAYMENT BOND KNOW ALL MEN BY THES)3 PRESENTS, FIDELITY AND DEPOSIT COMPANY That, OF MARYLAND as Surety,arc held firmly bound unto the City of Palm Springs,a Charter City,organized and existing in the County of Riverside,,State of California,bereinaftet called the "City,"in the sum of: uti 5 000.00(One hundred ftftyft thousand)dollars,for tho payrneat o£which s tm well and truly to be made, we bind ourselves,our heirs,executors,administtators, successors,and assigns,jointly and severally, firmly by these presents. WFIEREAS,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 entitlod: PALM SPRINGS Palm Springs Convention Center E.epnnsiou Phase U CITY PROJECT 02-274 Palm Springs 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 iii,upon,for or about the performance of the Work contracted to be done,of 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 Dovelopment Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor,all as required by the provisions of Title XV, Chapter 7, Sections 3247-3252,inclusive,of the Civil Code of the State of California and acts amendatory thereof, and sections of other codes of the State of California tofcrred to then-cm and acts amendatory thereof,and provided that the persons, companies,or corporations so furnishing said materials, provisions,provender,equpment or other supplies,appliances or power used in,upon,for or about pudermanee of the work contracted to be executed or performed,or any person,company or corporation routing or hiring implements or machinery or powot for or contributing to said work to be dome,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 taws,then said surety will pay the same in an amount not exceeding the'sum lim,iubefore set forth and also will pay,in ease 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 31$1 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 way be made pursuant to the terms of said Contract Documents,shall not in any way release said Contractor or said Surety thereunder,nor sball any extensions of tlmo granted under the provisions of said Contract Documents release either said Contractor or said surety,and uotice of said alterations or extensions of the Agreement is hereby waived by said Surety. SIGNATURES ON NEXT PAGE SIGNED AND SEALED, this 23RD day of MARCH, 2004. Surety FIDELITY AND DEPOSIT COM�ANY OF MARYLAND Contractor SHORI ENGINEERS By D.J. PICARD, 'title V1@6 "UWynr Title ATTORNEY-IN-FACT (SEAL AND NOTARIAL ACKNOWLaDOMENT �OF SiTRER Y) Contractor SHOR IJ42 ENGINEERS - r� By - Title yw Pt stA- Corporations require two notarized Signatures: One from each of the following: 1, Chairman of Board, President, or any Vice President: AND 2. Secretary,Assistant Secretary,Treasurer,Assistant Treasurer, or Chief Financial Officer). CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County Of T C1S ANC:Fi FS On 25-Mar-2004 before me, Rene'D. Contreras, Notary Public Date Name and Title of Officer(e.g„"Jana Doe,Notary Public") personally appeared .facnn E Weme s o instg 9 nra(s) Na l�personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(X) whose nani is/MW., subscribed to the within instrument and acknowledged to me that he/*1)& );executed the same in hls1koVAbQjX authorized capacitybp), and that by his/IX tD& RE NE D.6ONTRERAS k sig natur on the instrument the p erson or N @0.5 -., COMM.&12&1246 3> `I NOTARYPUBUC-CAurORNIA the entity upon behalf of which,the person(go uosuNcErscouNrr acted, executed the instrument. My Comm.rn(l Nov.16,2004 WI SS m and off ial I. �l Place Notary Seal Above Slgna re of Notary ubllc 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: Payment Bond Document Date: 25-Mar-2004 Number of Pages: 1 Signer(s) Other Than Named Above: n/a Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Tap of thumb here 4 Corporate officer—Title(s): Vice President ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Shoring Engineers Signer Is Representing: 01997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402 Chatsworth,CA 91313�2402 Prod.No.5907 Reorder:Call Toll-Free 1-600-876.6B27 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of r ns ANQFT F4 25-Mar-2004 Rene'D. Contreras, Notary Public On before me, rp`Data George,, .g0ol d? Jrr(e.g.,"Jane Doe,Notary Public") personally appeared Name(c)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(X) whose nameW is/ .' subscribed to the within instrument and acknowledged to me that he/sbatM executed the same in his&WAkojX authorized capacity(s , and that by his/t(aDt l:€t RENE 0.CONTRERAS signatureN on the instrument the personal, or COMM41128429i the entity upon behalf of which the person(o ~ NOTMYRNJC4LL"NR acted, executed the instrument. LOS ANGEIES COUNTY try Cpnln.6q.Nov.11,t001 N ESS h d and Iffici I. Place Notary Seal Above Si nature of Nola 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 Payment Bond Title or Type of Document: Zb-Mar-20041 Document Date: Number of Pages: n/a Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Vice President Top of thumb here A Corporate Officer—Ttle(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Shoring Engineers Signer Is Representing: 01997 National Notary Associatlon 1 9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 01313�2402 Prod.No.5907 Reorder:Call Toll-Free 1-600-876-6827 CAOFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On MARCH 23, 2004 before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC personally appeared D.J. PICARD , NAME(S)OF SIGNER(S) © personally known to me - OR - ❑ praudTtae tDr � to be the personW whose name(s:):is/am subscribed to the within instrument and ac- knowledged to me that he/simAtmy executed the same in histAyarAtmU authorized capacity(, and that by his/TiMMW signatureM on the instrument the person(!), or the entity upon behalf of which the � � r�Ie 8c I i�-,Wfm�rw(�ACOJC4SoI�, persons) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF ARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER PAYMENT BOND TITLE OR TYPE OF DOCUMENT TRLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL TWO ATTORNEY-INTACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: MARCH 23, 2004 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENTRYQES) N/A FIDELITY AND DEPOSIT COMPANY SIGNER(S)OTHER THAN NAMED ABOVE OF MARYLAND Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE:P.O.BOX 1227,BALTMORE,MD 21203-1227 Know ALL MEN BY THESE PRESENTS. That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland,by W.B.WALBRECHER,Vice-President,and T.E SMITH,Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company,which are set forth on the reverse side heron are hereby c d to be in full force and effect on the date hereof,does hereby nominate,constitute and appoint D.J.Picard,of Orange rain, its d lawful agent and Attorney-in-Fact,to make,execute, seal and deliver, for, and on its behalf as surety, and a and dee ' and all bonds and undertakings and the execution of such bonds or undertakings in pursuance of these presents,sha _4�binding u� Company,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the reg ected offs e Company at its office in Baltimore,Md.,in their own proper persons.This power of attorney revokes that issued on beh .Picard, ptember 9,1996 The said Assistant Secretary does hereby certify that the extract h on the re de hereof is a true copy of Article VI, Section 2,of the By-Laws of said Company,and is now n1 force. (� IN WITNESS WHEREOF,the said Vice-President and Assl t cretary ha hL nm subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYhis Ist day, ril,AD 1998. ATTEST: FIDELITY AN POSIT WMANY OF MARYLAND By W1 .) T E Smith AssistantAssistant ry W B. Walbrecher Vice-President State of Maryland }ss. County of Baltimore l On this lst day of Apnl,A D. 1998,before the sub r,allotary Public of the State of Maryland,duly commissioned and qualified,came W.B. WALBRECHER, Vice-President and T. E. SMITH, start Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,and being by me duly swom,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seat of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. krww•`� Car !J Fader Notary Public M�Expires: August 1,2000 CERTIFICATE 1,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate,and 1 do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attomey-m-Fact as provided in Article VI,Section 2,of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I0th day of May,1990, RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company.whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,this 23RD day of MARCH 2O04 Assistant Secretary L1428-012-0631 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizarces, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements,decrees,mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." ,4CORD CERTIFICATE OF LIABILITY INSURANCE OP ID DATE(MMIDD/YYYY) SHORI-1 04/02 04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wood-Gutmann Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0679263 HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 14192 Franklin Ave. , Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tustin CA 92780-7044 Phone: 714-505-7000 Fax:714-573-1770 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA Admiral Insurance Co. ' INSURERS Mercury Insurance Company 27553 Shoring Engineers Structural Shotcrete Sys, Inc. INSURERC Arch Insurance Company 12645 Clark Street INSURER Seabright Ins. Co. Santa Fe Springs CA 90670 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOWHAVE 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 I POLICY NUMBER MATEY EFFE T VE POLICY EXPIRATION LIMITS LTR NSR TYPE OF INSURANCE (MM/DDIYY DATE M PI313 Y GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CA000003921-01 04/01/04 04/0 1. /0 5 PREMISES(Ea occurence) $ CLAIMS MADE X� OCCUR MED EXP(Any one person) $ PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMITAPPLIES PER PRODUCTS-COMPIOP AGG $ 2,000,000 POLICY X PRO LOG JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT B ANY AUTO AC11063575 04/02/04 04/02/05 (Ear accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHERTHAN EAACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 4,000,000 C X OCCUR F1CLAIMSMADE 72UXPI485500 04/01/04 04/01/05 AGGREGATE 34,000,000 $ DEDUCTIBLE $ RETENTION $ TATL $ WORKERS COMPENSATION AND X TORY LIMITS ER D EMPLOYERS'LIABILITY BB1040120 04/01/04 04/01/05 EL EACH ACCIDENT $ 1,000,000 ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? E L DISEASE-EA EMPLOYEE $ 1,000,000 ff,SPECIAL PROVISIONS EL DISEASE-POLICY LIMIT $ 1 000,000 SPECIAL PROVISIONS below r" OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *10 Day Notice of Cancellation for non-payment of premium. City of Palm Springs and Turner Construction Company are named as additional insureds per attached AD06610104 for occurrences arising out of work performed by or on behalf of the named insured during this policy year. Job# 686-PAL RE: City Project 02-27-4 Palm Springs Convention Center Expansion Phase II CERTIFICATE HOLDER CANCELLATION CITYOFP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Palm Springs DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYSWRITTEN Dept of Procurement E NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Contracting IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Palm Springs, CA 92262 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25(2001/08) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001108) Policy # CA000003921-01 AD 06 61 01 04 Effective Date:4/1/04-05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION - INCLUDING PRODUCTS-COMPLETED OPERATIONS (AMENDED) This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: WHERE REQUIRED BY WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section H-Who Is An Insured is amended (3) When that part of the work done to include as an insured the person or at a job site has been put to its organization shown in the Schedule, but only intended use by any person or with respect to liability caused by your organization other than another ongoing and completed operations performed contractor or subcontractor for that insured. working on the same project. B. With respect to the insurance afforded to Work that may need service, these additional insureds, the following maintenance, correction, repair or exclusions are added: replacement, but which is 2. Exclusions otherwise complete, will be treated completed. — as co a. This insurance�oes not apply to_ -- - - ---- -- ---- "bodily injury" or "property damage" b. This insurance does not apply to arising out of"your work" that has liability caused by the sole negligence been completed by or for you prior to of the person or organization shown in the Policy Period. "Your work" will be the Schedule. deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed. (2) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. AD 06 610104 Page 1 of 1