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CONTRACT 2821 Vender Agreement2P is a ,t CONTRACT FOR THE PURCHASE OF ALUMINUM ACOUSTIC WINDOWS (CEDS 00 -13) AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND THE SUPPLY CONTRACTOR 16th August 2000 between THIS AGREEMENT is made this day of the City of El Segundo (the City) and (the Contractor), who, in consideration of the mutual promises contained herein, agree: A. SERVICE Contractor shall furnish the Windows and Service(s) specified or indicated in the Contract Documents which are generally described as The Purchase of Aluminum Acoustic Windows (the "Windows ") for the residences participating in Phase 6 & 7 of the El Segundo Sound Insulation (RSI) Program. This is a non - exclusive contract and the City reserves the right to order windows for the RSI Program from other contractors. B. CONTRACT TIME The initial term of this Contract shall correspond to the installation schedule for Phase 6 & 7. It is expected to commence in or about September 2000 and continue to approximately January 2001. C. CONTRACT RATES OR PRICES Contractor shall be paid for the Windows in accordance with the Contract Documents, at the Contract Rates or Prices specified in the Bid Document titled, "Price/Rate Schedule" found in Section 5. The Contract specifies that the City of El Segundo will withhold the Bid Bond in lieu of a ten percent (10 %) retention pending satisfactory delivery of the last of all required products and services as addressed by this Contract. The agreed upon amount of $19,504.00 constitutes the total compensation payable to Contractor. Said compensation shall fully compensate Contractor for all risk, loss, damages or expense of whatever character arising out of the nature of the Service or the prosecution thereof; and for all expense incurred in the consequence of the suspension or discontinuance of the Service as specified under the Agreement. D. CONTRACT DOCUMENTS The Contract Documents for the Project shall consist of the Notice Inviting Bids, Instructions to Bidders, General Specifications, Standard Specifications. Special Provisions, Plans, Contractors Proposal. and all referenced specifications, details, standard drawings, and appendices, together with this Contract and all required bonds, insurance certificates, permits, notices and affidavits, warranties and guarantees, and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the rights and obligations of the City and the Contractor are fully set forth and described in the Contract Documents. Each of the above - mentioned documents are 4 -6 -2 C:\rsi\bid-doc\Sec6\Agreement-doc 2 -a i THE PURCHASE OF NTRACT FOR ALUMINUM ACOUSTIC WINDOWS AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND THE SUPPLY CONTRACTOR intended to complement the other documents so that any work called for in one, and not mentioned in time others, or visa versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete Contract are herein referred to as the Contract Documents and are incorporated herein by this reference and made a part hereof as though they were fully set forth herein. Included in the Contract are the following Contract Documents: I . The Purchase Order 2. The Agreement 3. Instructions to Bidders 4. General Terms and Conditions 5. Supplementary Tenns and Conditions 6. Attachments: I . Contractors Assurance of Compliance with Federal Mandates, Section 4 2. Performance Bond 3 Warranty Bond 4. Certificate of Insurance 7. Bid Documents: 1. Bid Foam 2. Bid Guarantee (Cashier's Check from Contractor) 3. Specifications and Requirements 4. Price/Rate Schedule 5. Additional Description of Windows Being Offered 6. Types of Equipment Available to Fulfill Contract Requirements 7. Description of Bidders Company 8. Professional Manuals 9. Manpower and Training 10. Warranty 11. Subcontractor List 12. Local Dealer Providing Service and Support 13. References 14. Catalog Cuts 15. Homeowners Manual 16. Detail Drawings 17. Test Reports I S. Addenda, if applicable. 19. All Change Orders duly delivered after execution of the Agreement. C: \rsi \bid•doc \Sec6\A9Mement.doc 4-6 -3 Ir h CONTRACT FOR THE PURCHASE OF ALUMINUM ACOUSTIC WINDOWS AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND THE SUPPLY CONTRACTOR IN WITNESS WHEREOF, the parties hereto have signed this Agreement in duplicate. One counterpart each has been delivered to the City of El Segundo and to the Supply Contractor. DATED this23rd day of August , 2000 CITY OF EL SEGUNDO BY: 144 BY (Signature) Mike Gordon - Mayor (Print, Name of Signer) Title A tes Ci lerk (seal) City's Address for Giving Notice: City Clerk's Office City Hall 350 Main Street El Segundo, CA 90245 Phone (310) 607 -2208 APPROVED AS TO FORM: Graham Architectural Products Corporation (Name MO)fSU1 ntracto o irm) L re) Dennis R. Kelly (Print, Name of Signer) Title Senior Vice President Contractor's Address for Giving Notice: Graham Architectural Products Corporation ATTN: Shawn Hulsey 1551 Mt. Rose Avenue York, PA 17403 -2909 Phone: 717 - 849 -8100 By: �- City Atto ey 4 -6 -4 C: \rsi \bid- doc \Sec6\Agreement.doc BOND NO. 929150181 SECTION 5 POST -AWARD SUBMITTALS CONTRACT FOR THE PURCHASE OF ALUMINUMACOUSTIC WINDOWS IN SUPPORT OF THE RESIDENTIAL SOUND INSULATION PROGRAM =OF EL SEG UNDO, CALIFORNIA SUPPLY BOND KNOW ALL MEN BY THESE PRESENTS. That Graham Architectural Products Corp. laws of the State of Pennsylvania a corporation organized under the NATIONAL FIRE INSURANCE COMPANY OF HARTFORD hereinafter called the Supplier, and , of the State of CONNECTICUT , hereinafter called the Surety, are held and firmly bound unto the Citv of El Se undo, hereinafter called the Purchaser, in the sum of $ 19,504 (number) Nineteen thousand five hundred and four ),which is 100% of the (dollar value in words) aggregate amount of the contract, for the payment whereof the Supplier and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally and firmly by these presents. WHEREAS, the Supplier has, by means of a written agreement dated August 16, 2009 entered.into a Contract for providing acoustically rated windows for the City of El Segundo, for a project known as Phase 6 &7 of the Residential Sound Insulation Program, located at the City of El Segundo, which said Contract is incorporated herein by reference and made a part hereof for all purposes. WHEREAS, Purchaser has solicited bids for a General Contractor to enter into a contract with the Citv of El Segundo for the installation of acoustically rated windows for approximately 50 - 60 homes in the City of El Segundo, and said contract shall provide that the General Contractor is responsible for all aspects of said project with the exception of purchasing, the latter being the responsibility of the Purchaser. NOW THEREFORE, the condition of this obligation is such that if the Supplier shall faithfully perform and fulfill the contract on its part and shall fully indemnify and save harmless the Purchaser from all cost, damage, expense and attorney's fees which it may suffer by reason of failure so to do, and shall fully reimburse and repay the Purchaser all outlay and expense which the Purchaser or its General Contractor may incur in making good any such default. C: \RSI \Bid- doc\V4 -Alum Windows \Sec 6 \Supply Bond 4 -5 -34 AND FURTHER, that if the Supplier shall pay all persons who have contracts directly with the Supplier for labor or materials, for all or any part of which the Purchaser or its General Contractor or individual property owners are liable, failing which such persons shall have a direct right of action against the Supplier and Surety under this obligation, subject to Purchaser or its General Contractor or individual property owners priority, then this obligation shall be null and void, otherwise, it shall remain in full force and effect. AND PROVIDED, that any alterations which may be made in the terms of the contract, or in the materials to be supplied under it, or the giving by the Purchaser of any extension of time for the performance of the contract, or any other forbearance on the part of either the Purchaser or the Supplier to the other shall not in any way release the Supplier and the Surety, or either of them, their heirs, executors, administrators, successors, or assigns, from their liability hereunder, notice to the Surety of any such alteration, extension or forbearance being hereby waived. WITNESSED AND SEALED this 25th day of August , A.D. 2000 SELLER Witnesses: Seller: (Signature) Donald C. Bowman, Controller (Printed Name & Title) (Signature) Dennis R. Kelly, Senior Vice President (Printed Name & Title) On this 25th day of August , A.D. 2000 , before me Dennis R. Kelly the above signed Seller, personally appeared before me, acknowledged himselMMM& to be the Corporation Senior Vice Presidento f Graham Architectural Products , a corporation, and, being (Title) (Name of Company) authorized to do so, executed the foregoing instrument for the purposes therein contained by signing his /bomame as the Senior Vice of the corporation resi tle) Witnesses: (Signature) 't" J (Notary Publ' rmmrial5M, O?. M �aso�at�on of Peo�tea Sure ty Surety: (Signature) CARSABid -docW4 -Alum Windows \Sec 6 \Supply Bond 4 -5 -35 Sure �� Witnesses: � ez, Surety (Signature) LYNNE F MILLIGAN , CUSTOMER SERVICE (Printed Name & Title) AMY S. BAKER, ATTORNEY -IN -FACT (Printed Name & Title) On this 25TH day of AUGUST , A.D. 2000 , before me AMY S BAKER the above signed Seller, personally appeared before me, acknowledged himself/herself to be the ATTORNEY -IN -FACT of NATIONAL FIRE INS CO OF HARTFORra corporation, and, being (Title) (Name of Company) authorized to do so, executed the foregoing instrument for the purposes therein contained by signing his/her name as the ATTORNEY -IN -FACT of the corporation (Title) COUNTERSIGNED: (If Applicable) (Signature /State Resident Agent) (Printed Name & Title) 'o W1, / (Notary Public) Notarial Seal Judith A. Whitecomb, Notary Public Spring Garden Up., York County My Commission Expires Aug. 12, 2002 Member, Pennsyiv3nla . C:aSI1Bid- doc\V4 -Alum Windows\Sec 6\Supply Bond 4 -5 -36 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CCC Surety Companies "), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Maurice H. Bobst. Henry J. Christ, Timothy F. Kotula Norman F. Basso Barbara K. Matthie Stephanie L Wolfe Amy S Baker Individually of York, Pennsylvania their true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 29th day of June 1999 G 4 NISURq,� F co wo urt a SEAL X897 � k CONTINENTAL CASUALTY COMPANY `ppMY0R4e NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA � `NCOf1fOQATE� ,� , JULY 31 , / 1902 �.� P�'i�+ State of Illinois, County of Cook, ss: Marvin J. Cashion Group Vice President On this 29th day of June , 1999 , before me personally came Marvin J. Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. Jo NOTARY pusuC °ok gyp•• My Commission Expires March 6, 2000 CERTIFICATE Mary Jo Abel Notary Public I, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 9r,TH day of AiTC.11ST , 200p r�!V GAS t NiSUR ` pnW tv cApPORArp d'� ,4WOR4TE y , s JULY IL °v SEAL 1897 � NpR�"' • (Rev.10 /1 /97) CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA 1 Mary A. Ribikawskis Assistant Secretary Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article IX— Execution of Documents Section 3. Appointment of Attomey -in -fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney -in- fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article VI— Execution of Obligations and Appointment of Attorney-in -Fact Section 2. Appointment of Attomey -in -fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time, appoint, by written certificates, Attorneys -in -Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attomey -in -Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney -in- Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation."