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HomeMy WebLinkAbout04509 - G & M CONSTR EARTHWORK DOWNTOWN PARKING STRUCTURE CP01-27-02 OOC a 2003-000516 01/03/2003 08:00A Fee:NC Page 1 of 1 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk & Recorder I(IIIII IIIII(III II�IIII IIIIIIII(IIII III IIIII IIII IIII Return To: City Clerk City of Palm Springs P.O. Box 2743 Palm Springs CA 92263-2743 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. -i-�V 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, CA 92263-2743). 4. The public work of improvement on the hereinafter referred to real property within the city was COMPLETED on the 27 h day of November, 2002. 5. The name of the contractor(if named)for such work of improvement was: G&M Construction 6. The public work improvement,which was completed in the City of Palm Springs,County of Riverside,State of California,is described as follows: Downtown Parking Structure, City Project#01-27. 7. The property address or location of said property is: 275 Indian Canyon Drive, Palm Springs, CA 92262 8. City Project No: Agreement No.i{'S'A Minute Order No: zo3LS;- 01-27 01-27-02 DATED ZsZa - CITY OF PALM SPRIN i( By. Executive Director-Airports PATRICIA A. SANDERS, being duly sworn, says- That she is the City Clerk of aforesaid City of Palm Springs, California,the corporation that executed the foregoing notice;that she makes this verification on behalf of said corporation;that she has read the foregoing Notice of Completion,and knows the contents thereof, and that the facts stated therein are true; that as said City Clerk, sh this verification on behalf of said municipal corporation. City Index No. CITY OF PALM SPRINGS PALM SPRINGS DOWNTOWN PARKING STRUCTURE CONSTRUCTION CHANGE ORDER To: G & M Construction Date: October 14, 2002 211 West Mesquite Protect No. 01-27-02 Palm Springs, CA 92264 Project Name: Downtown Parking Structure Utilities Change Order No. 2 Contract Purchase No. 216486 Attn: George Marantz Account No. 4463-50201 Description of Chancre to be Made: 1 Complete demolition of curb, concrete paving and asphalt paving in accordance with Sanborn A/E street improvement plan, sheet 2, dated June 12, 2002. Rough grade asphalt section after removal and storm and water installation for new paving section of 5" asphalt over 6"aggregate base. Subgrade shall be compacted to 95%. Add $12,500.00 TOTAL Add $12,500.00 AUTHORIZATION FOR CHANGE: 1. PCO#3 Summary of CostfTime Original Contract Price $ 39 500.00 Total of all Previous Change Orders $ 15,000.00 Total of this Change Order $ 12 500.00 Total Contract Price $ 67,000.00 This Change Order(increases) (decreases) (unchanged) the contract time b 0 1 wor ing days. I have received a copy of this Change Order Constr. Manager- and the above AGREED PRICES are acceptable Approval: Date: to the contractor. Turner stru i n o pany ity Approval- By: 1�4r t i� id�Q- Submitted By: Date: Lol l OZ pp ,r Owner's Representative Title: ff Approved by: Date: 0 oL Date: I I I_� ' ry Executive D ector, Airports Distribution: Original Conformed Copies Conformed - File Copy City Clerk (1) Executive Director, Airports (1) Contractor (1) Procurement& Contracting (1) Finance (1) Owner's Representative (1) Turner Construction (1) c0G� 4ku CITY OF PALM SPRINGS PALM SPRINGS DOWNTOWN PARKING STRUCTURE CONSTRUCTION CHANGE ORDER To. G & M Construction Date: August 9 2002 211 West Mesquite Project No, 01-27-02 Palm Springs, CA 92264 Project Name: Downtown Parking Structure, Utilities Change Order No. 1 Contract Purchase No. 216486 Attn: George Marantz Account No. 4463-50201 Description of Change to be Made: Q- q Lr oO> 1. Complete over-excavation and recompaction in accordance with Earth System's 1 Geotechnical Reports dated February 1, 2002, February 7, 2002, March 29, 2002 and April 17, 2002. Add $15,000,00 TOTAL Add $15,000.00 AUTHORIZATION FOR CHANGE: 1. PCO#29 Summary of Cost/Time Original Contract Price $ 39,500:00 Total of all Previous Change Orders $ 0.00 Total of this Change Order $ 15,000.00 Total Contract Price $ 54,500.00 This Change Order=(inereasesy(decreases) (unchanged)the contract time by 0- wor ing days. I have received a copy of this Change Order Constr. Manager: and the above& RED PRI ES are acceptable Approval. Date: to the contra tor. Tu r nstruti�n o pany City Approv I: By: Submitted By: _ Date: 8'63­0�_ 's}�epr sentative Title: ) Approved by: Irr iB P�� Date: k i , Da r xecutive Direc4'or, Airports j Distribution: Original Conformed Copies Conformed - File Copy City Clerk (1) Executive Director, Airports (1) Contractor (1) Procurement& Contracting (1) Finance (1) Owner's Representative (1) Turner Construction (1) �Jzboy, AP ROVED BY s WH* ti G 6 M Construction *owntown Parking Structure AGREEMENT #4509 CPO1-27-02 Proj Admin signed 6-3-02 per R20325 AGREEMENT THIS AGREEMENT made thist-30 day of,31.cA,9,e�7, in the year 2002, by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and G & M Construction, 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 Citys Contract Documents entitled: Palm Springs Downtown Parking Structure City Project No. 01-27-02 Site Preparation and Earthwork The Work is generally described as follows: provide all necessary labor, materials, equipment, tools, rigging and anything else necessary to complete the Earthwork for the Palm Springs Block 28 Parking Structure Project. ARTICLE 2 -- COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in 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 Contractor agree that the Contractor shall pay the amount provided below, as liquidated damages, for each calendar day that the Work is not completed in the time set forth above: $750.00 per day ARTICLE 3 -- CONTRACT PRICE The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid and Bid Schedule(s). �i a _'f Ui--'Ju i'P'I L, ARTICLE 4 --THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the accepted Trade Bid and trade Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Notice of Award, Notice to Proceed, Notice of Completion, General Conditions of the Contract, Supplementary General Conditions, Exhibits A through G, Construction Drawings and Specifications, Addenda numbers (None) to (None), inclusive, and all Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 5 -- PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with provisions of the Standard Specifications as amended by the Special Provisions. 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 a 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 known to the giver of the Notice. ARTICLE 7 -- MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications as amended by the Special Provisions will have the meanings indicated in said Standard Specifications and Special Provisions. 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 may 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. (Signatures on Next Page) 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 rN By: lfid By: �t /� _ y �� i n City Clerk /ity Manager w�C \3" n APPROVED AS TO FORM: Y� APPROVED 0'ffik By: ©� —�` City Attorney V CONTRACTOR: Check one:_Individual_Partnership_-Corporation Corporations require two notarized signatures: One from each of the following: A. Chairman of Board, President, or any Vice President:AND B.Sec ctary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). na a (notarized) Signature (notarized) - - Name:c Name:Jlr\s�ll�lL_. Title: IJ - /R�//?� )"l� Title: State oTo�� State o County of ss County�ss On�.>FT-\�6efo'rem� l.A" On� e�- 1 �efore e, personally appeare personally appeared nrr� personally known to me (o a-en-t# -basis- f personally known to me (oF-preyed-Fo-me-ep_.tl� satisfasto"dencej to be the person(A4,hose name(sr)is/�re-- sali5factwYevidenee)to be the person(sS whose namep)is/ara subscribed to the within instrument and acknowledged to me subscribed to the within instrument and acknowledged to me that he/she/therexecuted the same in+ka/her/their authorized that he/she/they-executed the same in his/hentheir authorized capacity(4es); and that by his/her/their signature() on the capacity(iea}, and that by hisfher/their signature(>9'j on the instrument the person(S),or the entity upon behalf or which the instrument the person($),or the entity upon behalf of which the person6)acted,executed the instrument. person(s acted,executed the instrument. WITNESS my hand and official seal. WITNESS my hand //and official seal. Notary Signature. Notary Signature:eLA-<-�-k�C•� - -'�^ Notary Seal: Notary Seal: > ZX*, �-m Vd p4 t)�' l,32125S2 3 2 qi, p �i11I 1 /., tt_7JJ2... �) N0IA Y°CitrJe�u ��g I R lrx b �� =7 PUBLIC CiWFORNIN U 9 " Nr�'APY PUI11 If CALIrOflNIA '�9 Q"F PI1 Cr SIDE COUNT RIVERSIDECOLNT`i ' e �, � '� N r Carnl7,L�pira lure 2n 200VE, INyCoium LYpvas lune'n,2004 �j .-.m ..,.,..:,, ,. :5.�,�� ��a.�..-,..-n -SSUED IN FOUR ORIGINAL COUNTERPARTS• • BOND NO.6344B COUNTERPART NO.3 PREMIUM:$1,019.00 Mi PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That G&M Cons_tMction,as Contractor and ANERICAN CONTRACTORS INDEMNITY COMPANY ,as Surety, are held firmly bound unto the City of Palm Springs,a Chatter City,organized and existing in the County of Riverside,California,hereinafter called the"City;'iri the.sum of- Thirty Nine,thousand Five Hundred($39,500,001dollars, for the payment of which sum well and truly to be made,Wv bind ourselves,our heirs, executors,administrators, successors,and assigns,jointly and severally,firmly by tneSe presents_ WHEREAS said Contractor has been awarded and is about-to enter into the annexed Agreement with said City to perfoma the Work as specified or indicated in the Contract Documents entitled,, PALM SPRINGS DOWNTOWN PARKING STRUCTURE CITY P ROSS,CT 01-27-02 SITE PREPARATION!and EARTHWORK NOW THEREFORE,if said Contractor shall Perform all ft requirements of said Contract Documents required to be performed on its part,at the times and in the manner specified herein,then this obligation shall be null and void,otherwise it shall remain in full force and effect. PROV1DED,that any alterations in the Work to ba done or-fhe matetials'to be furnished,or changes in the time of completion,which may be made pursuant to the terms of saad Contract Documents,shall not in any way release said Contractor or said Surety thereunder,nor shall any extensions of time granted under the provisions of said Contract Documents,release either said Contractor or saia Surety,and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. SIGNATURES 6NNNEXT PAGE SIGNED AND SEALED, this 28TH day of MAY 2002 gurtty E CRN CDNTRRCTDRS INDEMNITY COMPANY Contractor G & M CTID B Titie JULIA B. LEONARD, ATTORNEY IN FACT TRie p✓ I'k (SEAL AND NOTARIAL ACKNOWLEDGMENT Contractor OF SURETY) / � ///i�f _ �'�-�.j/�GJ By 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. Chiibf Financial Officer)- F IFORNIA ALL-PURP E ACKNOWLEDGEMENT of CALIFORNIA y of RIVERSIDE On �VIAY before me, S.L. KYSETH, NOTARY PUBLIC Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared JULIA B. LEONARD, ATTORNEY IN FACT Name(s)of Signer(s) ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon L K7 I I � behalf of which the person(s) acted, executed the instrument. Canml iFuf if IV41361 mar I'udllr _Cal!ks b San errnaruft Ct" WITNESS my hand and official seal. Sig t re of Notary Pubhc ----------------------------------------OPTIONAL----------------------------------------- Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ❑ Titles(s): ❑ Title(s): ❑ Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of Thumb here ❑ Other: Tap of Thumb here Signer Is Representing: Signer Is Representing: BD-1133 09/00 '� �,r:2r,��x .� " :`�� � ,�,, .-� L rt1�"4'tI'?'�e:' :kYi�u�,a'F:"t: ', t, a�' x rnv �.p� �M1 y,•,�.� 3 eyhl M.�R 1 ,,. ISSUED IN FOUR ORIGINAL COUNTERPART* NO. 63448 American Contractors Indemnity Company Los Angeles, California POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation (the"Company"), and having its principal office in Los Angeles,California does hereby constitute and appoint: Mark N. Gladding, Kenneth A. Coate, Julia B. Leonard as its true and lawful Attorney(s)-in-fact,in amount of$ 500,000.00 ,to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise,and the execution of such instrument(s)in pursuance of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed,and may be certified to and may be revoked,pursuant to and by authority of resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY,at a meeting called and held on the 6th day of DecemLt;., 1990. RESOLVED that the Chief Executive Officer,President or any Vice President, Executive Vice President,Secretary or Assistant Secretary, shall have power and authority. 1.To appoint Attorney(s)-in-fact and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, 2.To remove,at any time,any such Attorney-in-fact and revoke the authority given. RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to dny'such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer this 1st day of January 2000 o��QpCTOgf�yD AMERICAN CONTRACT�EAPUMPANY INCORPORATED s By: SEP126,1990 Andy Faust,President STATE OF CALIFORNIA LIF COUNTY OF LOS ANGELES On January 1. 2000 before me, Deborah Reese personally appeared Andy Faust personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. DEBORAH REESE Commission## 1205480 -m Notary Public—C .lifomia > CERTIFICATION Las Angeles County •�6.P�_ MY Comm.fp'aes Jon 16.E1D3 I, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors of said Company as set forth in said Power of Attorney,with the ORIGINALS ON FILE 1N THE HOME OFFICE OF SAID COMPANY, and that same are correct transcripts thereof and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF,I have hereunto set my hand 0us M1_28TH day of MAY 2002 13 James H.Ferguson, Secretary 'ISSUED IN FOUR ORIGINAL COUNTERPARTS BOND N0.63448 COUNTERPART NO.3 PREMIUM:INCLUDED IN THE PREMIUM CHARGED FOR THE PERFORMANCE BOND PAYMENT BOND KNOW ALL MPN B'Y'THESE PRESENTS, That _AMER_ICAN_CONTRACTORS INDEMNITY COMPANY as Surety,are held firmly bound unto the City of Palm Springs;.a Charter City, organized and existing in the County of Riverside,State of California,hereinafter called the"City," in the sum of: Thirty Nine Thousand Five Hundred($39.500.00)dollarsl£tor the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators, successors,and assigns,jointly and severally, firmly by these presents. WHEREAS,said Contractor has been awarded and is about*,to enter into the annexed agreement with said City to perform the Work as specified or indicated in the ContractiDocuments entitled: PALM SPRINGS DOWNTOWN PARKING STRUCTURE CITY PROJECT 01 27-02 SITE PREPARATIOMand EARTHWORK NOW THEREFORE,if said Contractor, its subcontractors;Ats heirs,executors,administrators,successors,or assigns shall fail to pay for any materials,provisions,provender,equipment or other supplies used in, upon, for or about the performance of the Work contracted to be done,,nrfor any work or labor thereon of any kind,or for amounts due under the Unemployment Insurance Code,or..for any amounts required to be deducted,withheld,and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor,all as required by the provisions of Title XV,Chapter 7,Sections d,247-3252,inclusive,of the Civil Code of the State of Califomia and acts amendatory thereof,and sections ofotbei codes of the State of California referred to therein and acts amendatory thereof,and provided that the persons;toompanies,or corporations so furnishing said materials,provisions,provender,equipment or other supphies,appliances or power used in,upon, for or about performance of the work contracted to be executed or pciA4ined,or any person,company or corporation renting or hiring implements or machinery or power for or contributing to said work to be done,or any person who performs work or labor upon the same,or any person who supplies UA work and materials therefor,shall have complied with the provisions of said laws,then said surety will pay fhb same in an amount not exceeding the sum hereinbefcro set forth and also will pay,in case suit is brought upon this bond,a reasonable attorney's fee, as shall be fixed by the Court.This bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right Of hction to them or their assign's in any suit brought upon this bond. PROVIDED,that any alterations in the Work to be done of the materials to be furnished,or changes in the time of completion,which may be made pursuant to the terms of said Contract Documents,shall not in any way release said Contractor or said Surety thereunder,not shall any e&nsions of time granted under the provisions of said Contract Documents release either said Contractor or said surety,and notice of said alterations or extensions of the Agreement is licreby waived by said Surety. SIGNATURES ON NEXT PAGE SIGNED AND SEALED, this 20TH day of MAY _T ..,.. _, ... .._._..,., 2002 Surety ERICAN CONTRACTORS Ifp ENNITY COMPANY Con'uactor CONS$R EY _.... By Title JOLIA B. LEONARD, ATTORNEY IN FACT (SEAL AND NOTARIAL ACKNOWLEDGMENT Contractor OF SURETY) ��g ��. l �/�/'�,��i�✓�� sy li1, 0212v 1 2 72 Title Corporations requir6,fwa notarized signatures: One from each of the fallowing: 1, Chairman of Board, President, or any Vice President: AND 2.Secretary, Assistant Secretary,Treasurer,Assistant Treasurer,or. Chibf Financial Officer). CALIFORNIA ALL-PURPOTE ACKNOWLEDGEMENT State of CALIFORNIA County of RIVERSIDE On WAAV 2 8 7092 before me, S.L. KYSETH, NOTARY PUBLIC Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared JULIA B. LEONARD,ATTORNEY IN FACT Name(s)of Signer(s) M personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their E12 signature(s) on the instrument the person(s), or the entity upon CcmmM►m 1 IV4061 � Sim k 1�rrrrDC�IY�rYd � behalf of which the person(s) acted, executed the instrument. CO ,r�i�sa R� Mn ry WITNESS my hand and official eal. Signatw 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 Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ❑ Titles(s): ❑ Title(s): ❑ Partner-❑ Limited ❑ General ❑ Partner-❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator . ❑ Guardian or Conservator ❑ Other: Top of Thumb here ❑ Other: Top of Thumb here Signer Is Representing: Signer Is Representing: BD-1133 09/00 ' . �..��� e. rt�,ww. � �. � a �� , y fi { �, �,arark,,�+�*„�r..M�"�"�,"'""*,yt.'a, ISSUED IN FOUR ORIGINAL COUNTERPARTS NO. 63448 American Contractors Indemnity Company Los Angeles, California POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation (the"Company"), and having its principal office in Los Angeles,California does hereby constitute and appoint: Mark N. Gladding, Kenneth A. Coate, Julia B. Leonard as its true and lawful Attorney(s)-in-fact,in amount of$ 500,000.00 , to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise,and the execution of such instrument(s)in pursuance of these presents,shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed,and may be certified to and may be revoked,pursuant to and by authority of resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY,at a meeting called and held on the 6th day of Decemb i, 1990. RESOLVED that the Chief Executive Officer,President or any Vice President, Executive Vice President,Secretary or Assistant Secretary, shall have power and authority. 1.To appoint Attorney(s)-in-fact and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, 2.To remove,at any time,any such Attomey-in-fact and revoke the authority given. RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to dny"such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer this I st day of January 2000 CiORS/ AMERICAN CONTRACTORS: E TY MPANY a 3 INC9RPURhTEO ? By: a SEPT 26,1990 o Andy Faust,President STATE OF CALIFORNIA COUNTY OF LOS ANGELES On January 1. 2000 before me, Deborah Reese personally appeared Andy Faust personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person,or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Z DEBORAH REESE Commission# 3205480 -a. MY ComNotary Public—C .lifamia /� �/^ i�t✓°-�� Los Angeles County CERTIFICATION m.E�'aes.lanld.p03 I, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the"resolution adopted by the Board of Directors of said Company as set forth in said Power of Attorney,with the ORIGINALS ON FILE IN THE.HOME OFFICE OF SAID COMPANY, and that same are correct transcripts thereof and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF,I have hereunto set my hand this_'8___ day of MAY 20C12 Tames H. Ferguson, Secretary 1 `r so a STATE OF CALIFORNIA }ss. COUNTY OF RIVERSIDE } On 5/29/02 before me, CLAUDIA WULF personally appeared GEORGE MARANTZ personally known to me to be the person0§) whose name( is/46 subscribed to the within instrument and acknowledged to me that he/Y>; IS executed the same in his/NXo17 NIK authorized capacity(MT and that by hisMNNftYr signature(X) on the instrument the person(k§) or the entity upon behalf of which the person(N) acted, executed the instrument. WITNESS my hand and official seal. J Signature —�� �/ `�� '� i 0 MM 12665 r' w� R VJIVF1,431L F.COLINTY u �� "�✓ ly Crmm E>t res Juna 20.,2004�i (This area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008 (1194) (General) First American Title Insurance Company AMER , 0 STATE OF CALIFORNIA } }SS. COUNTY OF RIVERSIDE } On 5/29/02 before me, CLAUDIA WULF personally appeared GEORGE MARANTZ personally known to me to be the person() whose name(K) is/a'klex subscribed to the within instrument and acknowledged to me that heMMWexecuted the same in his/tKerMmk authorized capacity(R%T, and that by his/h..NKMir signature( on the instrument the person() or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. // Signature 6� C[�c : N011t1Y PlIPhl4 CALIRiRNIk 'j +.••. . F71VEfgal4'9E CfJUN1-Y 8 _ °omm lexilroa June 24,2004N (This area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008 (1194) (General) First American Title Insurance Company • � AM E • s � 0 STATE OF CALIFORNIA } }SS. COUNTY OF RIVERSIDE } On 5/29/02 before me, CLAUDIA WULF personally appeared GEORGE MARANTZ personally known to me to be the personok) whose name(4) is/a iN subscribed to the within instrument and acknowledged to me that hemiix executed the same in his/baTAh9K authorized capacity(R%'� and that by his/M011 r signature(X) on the instrument the person() or the entity upon behalf of which the person(g) acted, executed the instrument. WITNESS my hand and official seal. Signature C LAIMA WULV" 15 9 " ffI RIVI� till ,�ti'J;;I NOTARY PUBLIC,CALIFORNIA 'Il ye::rVVV`� TY '1y Comm bnD es N June 24,2014 (This area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008 (1/94) (General) First American Title Insurance Company • AM E • O\� STATE OF CALIFORNIA }ss. COUNTY OF RIVERSIDE } On 5/29/02 before me, CLAUDIA WULF r personally appeared GEORGE MARANTZ personally known to me to be the person(1;) whose name(N) is/44 subscribed to the within instrument and acknowledged to me that heMMK*executed the same in his/Ixer igk authorized capacity(Mr and that by hisMNNtjvk signature(3o on the instrument the person(2§) or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. Signature Ct/ �Afl', y 'j p r NOTARY PUBLIC0100ORNIA VE S16.0 COMM r L_nss June 94 7.00S (This area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008 (1/94) (General) First American Title Insurance Company • � A M E 0 STATE OF CALIFORNIA }ss. COUNTY OF RIVERSIDE } On 5/29/02 before me, CLAUDIA WULF personally appeared DIANNE MARANTZ , personally known to me (arxpr&x #ajc xik�mfc�atis ��ctsaaae to be the person(s� whose name( is/ate subscribed to the within instrument and acknowledged to me that4 she/"executed the same in W�i/her&; Ar authorized capacity(ia5), and that byhis/her/thairsignature¢s*on the instrument the person(s) or the entity upon behalf of which the personks) acted, executed the instrument. WITNESS my hand and official seal. Signature Ea4.. �J NU Cr,RYRY PIJIIK pvd ht 1 -'w iiTlr 4AI II t'RMIA �iD CFOWIllu Cll'u lour L 2tl04�1', (This area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008 (1194) (General) First American Title Insurance Company AMERI � a 0 } STATE OF CALIFORNIA }ss. COUNTY OF RIVERSIDE On 5/29/02 before me, CLAUDIA WULF personally appeared DIANNE MARANTZ personally known to me (arxpri�x � x��f� t� xevtdaax to be the person( whose namem is/$sec subscribed to the within instrument and acknowledged to me that she/#Tg executed the same in W:R/heratAr authorized capacity(ias), and that byhis/her/theixsignature(sk on the instrument the person(* or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. Signature rig L N aU6 o2Y 1dM l '� 1= NOTARY PUBLIC-CALIGNIA RIV'ef-ISIL][COUNTY res June 24,2004ii) (This area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008 (1/94) (General) First American Title Insurance Company AC 11010® CERTIFICA OF LIABILITY INSURA� _ _ °05130/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HRH,, Ins Sery of So California HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR License Number 0684503 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 77-564 Country Club Dr. *401 COMPANIES AFFORDING COVERAGE Palm Desert CA 92211 COMPANY A American States Insurance INSURED COMPANY G & M Construction B Lexington Ins Co/AES 211 W. Mesquite COMPANY Palm Springs CA 92264 C COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTA DATE (MMODIYY) DATE (MMIODIYY) B GENERAL LIABILITY 1140950 02/13/02 02/13/03 GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL G BNERAL LIABILITY PRODUCTS-COMPIOP AGE $ 1,000,000 CLAIMS MADE �OCCUR PERSONAL&ADV INJURY $ 1,000,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE(Any one fire) $ 50,000 MED EXP(Any one person) $ EX,c I u,ded A AUTOMOBILE LIABILITY 010E916141-1 03/06/02 03/06/03 ANY AUTO COMBINED SINGLE LIMIT $ 1 000 000 ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON OWNED AUTOS (Per aoudenl) $ PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY EA ACCIDENT $ 4 ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND WC STATU- 'ER LIABILITY TORY LIMITS ER EL EACH ACCIDENT $ THE PROPRIETORI INCL EL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE EXOL EL DISEASE-EA EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOOATIONSIVEH ICL ESISPECIAL ITEMS RE: Site Utilities 0 Palm Springs Downtown Parking Structure City Prol'ect No. 01-27-03 City of Palm Springs and Turner Construction Company are named as additional insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Palm SpringgS. EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Dept. Procurementt4Contracting 30 DAYS WHITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 3200 Tahquitz Canyon Way BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Palm Springs CA 92262 OF ANY KING UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES AUTH ENT T ACORD 26-8 (1105) LICENSE #06 © ..ACORD CORPORATION 1988 ^05/30/02 INSURED: G& M Construction 211 W. Mesquite Palm Springs, CA 92264- Re: General Liab -Lexington Ins. Co. Policy# 1140950 Effective 02/13/02 To 02/13/03 This endorsement changes the policy. Please read it carefully. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed For that insured. SCHEDULE NAME OF PERSON OR ORGANIZATION: City of Palm Springs Turner Construction Company LICENSE #0684503 • •_(HOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE OCTOBER 1, 2001 GROUP: 000461 POLICY NUMBER: 94-2 0 01 CERTIFICATE ID: 165 CERTIFICATE EXPIRES: 10-01-2002 10-01-2001/10-01-2002 CONTRACTORS STATE LICENSE BOARD WORKERS' COMPENSATION UNIT - P O BOX 26000 SACRAMENTO CA 95826 LIC#272619 This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policyperiod,indicated. This policy is not subject to cancellation by the Fund except upon 30 DAYS days�advance'written notice to the employer. We will also give you 30 DAYS days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend;extend or'alter the coverage afforded by the policies listed herein. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms, exclusions,and conditions,of such policies. L^ AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000, 000 PER OCCURRENCE ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE 'EFFECTIVE 10-01-2001 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER HAPPY TRAVELER RECREATIONAL VEHICLE D$A: G & M CONSTRUCTION 211 W MESQUITE AVE PALM SPRINGS CA 92262 SCIF 10265 [EPF•UI:TN] 1 AM W,�R� f;I ► 4Ff � ��L'I',1': EI r7�1'7. E D02114/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HRH Ins Sery of So California HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR License Number 0684503 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 77.564 Country Club Dr. #401 COMPANIES AFFORDING COVERAGE Palm Desert CA 92211 COMPANY A American States Insurance INSURED COMPANY /•` G @ M Construction B Lexington Ins Co/AES 211 W. Mesquite COMPANY /, - ✓- Palm Springs CA 92264 C ` COMPANY - D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO TYPE OF INSURAIJCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MMIDDMN DATE (MMIDDIYI') B GENERAL LIABILITY 1140950 02/13/03 02/13/04 GENERAL AGGREGATE 8 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP ADS $ 1 BBO 000 _ CLAIMS MADE L Fwl j OCCUR PERSONAL d ADV INJURY $ 1 000 000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE(Any one fire) $ 50,000 MED EXP(Any one person) $ E% cLu ded A AUTOMOBILE LIABILITY 010E916141-1 03/06/03 03/06/04 COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per perwn) $ X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM _ _ _ - - - -- - -- - - - - - - - WORKERS COMPENSATION AND WC STAT0. OTH- EMPLOYERS'LIABILITY EL EACH ACCIDENT $ THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE — OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/-OCATIONSNEHICLES/SPECIAL ITEMS Re; Parks & Recreation Division All operations by the Insured for the Certificate Holder Certificate will provide 30 days notice of cancellation in event of their election ., .. . CERTIFICATE HOLDER':::�,�'�� :.' i'� '��::� .�.�� . ' . ..:� .� CANCELLATION '..'. ' r .. . . . ... .. . : SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE •• City of Palm Springs EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL P 0 Box 2743 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Palm Springs CA 92263.2743 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES, AUTHORIZED A P SENTA VE Matt Cost I ;ACORO':26-S:(U9), .. ... _ � :.:.� ' '� .�':. . �:!. .� �� ' . : ' . .. . � .. . ' ie1'��'ACORD��C4APORATIOH 1886 '.. . 01