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CONTRACT 3950 CLOSEDAifillhk City of El Segundo Residential Sound Insulation Program Contract Number 3950 Residential Sound Insulation Program Contract between The City of El Segundo and Professional Building Contractors, Inc. This Contract is entered into this 3rd day of June, 2009, by and between the City of El Segundo, a general law city and municipal corporation ( "City ") and Professional Building Contractors, Inc. ( "Contractor "). 1. Work A. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; B. The Contractor must furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to install all products and provide all services required of the Contractor by the Contract Documents (the "Work "). C. The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. D. "Contract Documents" means the Notice Inviting Sealed Bids; Instructions to Bidders; the accepted Bidding Documents; this Contract; Specifications; Plans; Addenda; Notice of Award; Notice to Proceed; Requests for Information; Requests for Change Orders; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the Contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings. 2. Contract Sum The City agrees to pay the Contractor a sum not to exceed Six hundred, eighty -two thousand, eight hundred and ninety -eight dollars ($682,898) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. 3. Time for Performance A. The Contractor will fully complete the Work in accordance with the Construction Schedule (the "Contract Time "). RSI 09 -11 (Group 36) City of El Segundo Residential Sound Insulation Program Contract Number 3950 B. City may, but is not required to, allow time extensions or alterations to the Construction Schedule if Contractor causes a delay in City issuing a Notice to Proceed. C. The Construction Schedule will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. D. The Contractor must not perform any Work until: The Contractor furnishes proof of insurance as required by the Contract Documents; and ii. The City gives the Contractor a Notice to Proceed. E. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. F. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. Disputes Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240 - 10240.13. 5. Taxpayer Identification Number The Contractor will provide the City with a Taxpayer Identification Number. 6. Permits and Licenses Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work. 7. Ownership of Documents All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City's property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City's written notice. 8. Indemnification The Contractor agrees to indemnify and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be 2 RSI 09 -11 (Group 36) • City of El Segundo Residential Sound Insulation Program Contract Number 3950 maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification. 9. Independent Contractor The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only. 10. Audit of Records The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents. 11. Notices All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: City RSI Program City of El Segundo City Hall 350 Main Street El Segundo, CA 90245 Contractor Professional Building Contractors, Inc. 125 Sheldon Street El Segundo, CA 90245 Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to who notices are to be given by giving notice in the manner prescribed in this paragraph. 3 RSI 09 -11 (Group 36) City of El Segundo AIRPM Residential Sound Insulation Program Contract Number 3950 12. NO THIRD PARTY BENEFICIARY This Contract and every provision herein are for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. 13. INTERPRETATION This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. 14. EFFECT OF CONFLICT In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows: A. This Contract; B. Precedence of documents as determined in the Conditions of the Contract. 15. SEVERABILITY If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect. 16. AUTHORITY/MODIFICATION The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City's city manager, or designee, may execute any such amendment on the City's behalf. 17. ACCEPTANCE OF FACSIMILE SIGNATURES The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 4 RSI 09 -11 (Group 36) City of El Segundo Residential Sound Insulation Program • Contract Number 3950 18. COVENANTS AND CONDITIONS The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 19. CAPTIONS The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 20. Time is of Essence Time is of the essence for each and every provision of the Contract Documents. [Signatures on next page] 5 RSI 09 -11 (Group 36) • City of El Segundo Residential Sound Insulation Program �rWa r.,' o O SEU� ` Contract Number 3950 IN WITNESS WHERE OF the parties hereto have executed this contract the day and year first hereinabove written. City: Contractor: ByAWa City Manager Attest: By: 00��aim- Cindy Mo esen City Clerk APPROVED MARK D. A Kdrl H. Berger, Assistant City y ATTORNEY By: Richard J. Willi President Taxpayer ID Number: 91- 1947933 State License Number: 3852 City Business License Number: 02906 6 RSI 09 -11 (Group 36) of City of El Segundo 3 9 5 0 ..... Residential Sound Insulation Program FAITHFUL PERFORMANCE BOND Bond No. SSB397167 Bond Fee: $10,329.00 Professional Building Contractors, Inc. , as principal ( "PRINCIPAL ") and RLI Insurance Company , a corporation incorporated under the laws of the State of Illinois and licensed by the State of Califamia to execute bonds and undertakings as sole surety, as surety ( "SURETY'), are held and firmly bound unto the City of El Segundo ( "CITY ") in the sum of Six Hundred Eighty -Two Thousand Eight Hundred Ninety -Eight & No /100 dollars ($ 682, 898.00 (wotda) lawful money of the United States, which may be increased or decreased by a rider hereto executed in tho same manner as this bond, for the payment of which sum PPJNCJPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations set forth in this bond, Contract Documents for Group 3 6 (RSI 09 -_L1 of the City of El Segundo's Residential Sound Insulation Progznnnt ( "PROJECT ") and Contract 3 9 5 0 executed for such Project. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion; thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. Bond Conditions PRINCIPAL will construct the improvements identified in the Contract Documents for the PROJECT, copies of which are on file in the CITY's Residential Sound Insulation Program offices, Such performance will be in accordance with the requirements of the Contract Documents which are made a part of this bond by reference. 2. PRINCIPAL's work on the PROJECT will be done in accordance with the requirements of the Contract Documents for the PROJECT and with permits issued by the CITY. Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor. 3. PRINCIPAL. will guarantee its work against any defective work, labor, or materials on the PROJECT for a period of one (1) year following the PROJECT's completion and acceptance by the CITY. 4. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Project, and will pay for all work and labor thereon. Faithful Performance Bond l Last Modified: April 22, 2009 City of El Segundo 395 0 Residential Sound Insulation Program 5. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation., the El Segundo Municipal Code ( "ESMC'). 6. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of the Contract Documents, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 7. This bond consists of this instrument; the Contract Documents identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and E. ,A, certificate issued by the county clerk for the county in which SURETY "s representative is located conforming with California Code of Civil Procedure §995.640 and stating that SURETY's certificate of authority has not been surrendered, revolted, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted. a, Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. SIGNED AND SEALED this , 4th day of June '2009 _ Professional Building Contractors, Inc. RLI Insurance Company By: �` By: f PRINCIPAL resident URE S Pyelf6W Attorney -in -Fact Bonnv Smith PRINCIPAL's Secretary SURETY $j§t[t * Witness NOTE: ALL signatures must be acknowledged by a notary public. PRINCIPAL "s Mailing Address 125 Sheldon Street E1 Segundo, CA 90245 SURETY's Mailing Address 14900 Interurban Ave. So. Suite 275 Seattle, WA 98168 Faithful Performance Bond 2 Last Modified: ,A,pri122, 2009 AedSlhk City of El Segundo 3950 . IVResidential Sound Insulation Program LABOR AND MATERIALS BOND Bond No. Bond Pee: SSB397167 $10,329.00 Professional Building contractors, Inc. , as principal ( "PRINCIPAL") and RLI Insurance company , a corporation incorporated under the laws of the State of Illinois and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ( "SUREly ), are held and firmly bound unto the City of El Segundo ( "CITY ") in the sum of Six Hundred Eighty -Two Thousand Eight Hundred Ninety-Eight & No /100 dollars ($_682, 898.00 (wOW lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sung PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors, subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL'S subcontractors for all materials, provisions, provender, or other supplies, and equipment used in, upon, for or about the performance of the work contemplated in the Contract Documents for Group 3 6 (RSI 09 -_L1 of the City of El Segundo's Residential Sound Insulation Program ( "PROJECT ") and Contract 3 9 5 0 executed for such Project, and for all work or labor of any Idnd performed for the Project. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. Bond Conditions PRINCIPAL will construct the improvements identified in the Contract Documents for the PROJECT, copies of which are on file in the CITY's Residential Sound Insulation Program offices. Such performance will be in accordance with the requirements of the Contract Documents which are made a part of this bond by reference. 2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment. 3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Project, and will pay for all work and labor thereon, 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ( "ESMC "). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or Labor and Materials Bond 1 Last Modified: April 22, 2409 City of El Segundo 39 5 0 ... Residential Sound Insulation Program modification of the Contract Documents, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instruraeAt; the Contract Documents identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference: A. A ceilifted copy of the appointment, power of attomey, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and 8. A, certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY'S certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted. 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. SIGNER AND SEALED this 4th day of June , 2009 . Profe n a il Building Contrc rs, Inc. By ( PRINCIPAL' sident I PRINCIPAL's Secretary RLI Insurance Company By. URET 'S 1?tftj&jdW Attorney -in -Fact Bonny Smith By:��� /�, SURETY'S %SUTetW Witness NOTE: ALL signatures must be acknowledged by a notary public. PRINCIPAL's Mailing Address 125 Sheldon Street E1 Segundo, CA 90245 SURETY's Mailing Address 14900 Interurban Ave. So. Suite 275 Seattle, WA 989168 Labor and Materials Bond 2 Last Modified: April 22, 2009 3950. ATTORNEY -IN -FACT NOTARY ACKNOWLEDGMENT OF SURETY State of Washington County of King On thiS 4th day of June , 2009 , before me, Roxana Palacios personally appeared Bonny Smith known to me to be the person whose name is subscribed to the within instrument as the Attorney -In -Fact of RLI Insurance Company the corporation named as Surety in said instrument, and acknowledged to me that he /she subscribed the name of said corporation thereto as Surety, and his _ U own. name as Attorney -In -Fact. ::so 60 Witness Witness m and and offi ' seal ? �o : ��11 : 0nd yo z..: 0 Notary Public in and for the State of Washington %:,p A dd c��4�•�, NO S, � ,• Residing in Bothell '• �qxa ,.. Commission Expires 9/2/09 RLI RLI Surety P.O. Box 3967 1 Peoria, IL 61612 -3967 Phone: (800)645-2402 1 Fax: (309)689-2036 www.rlicorp.com Know All Men by These Presents: 3950 . , POWER OF ATTORNEY RLI Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint: Holly E. Ulfers Steven W Palmer. Bonny Smith Roxana Palacios M t�.y A Dobbs Heather Allen jointly or severally, in the City of Seattle , State of Washington its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ($10,000,000) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 13th day of January 2009 PPNC.. . .......... o' %, RLI Insurance Company � •GOpPOgd tF •.� °-- State of Illinois By: -- R SS oy C. Di Vice President County of Peoria I .� <l i N 10 `*%11111 ,,,111 1 „01, CERTIFICATE On this 13th day of January 2009 , before me, a Notary Public, personally appeared Roy C. Die who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By; ;;L�ox_ Jac eline M. Bock r Notary Public u �l"OFFICIAL SEAL" JACQUELINE M. BOCKLER STATE OF uLwr COMMISSION EXPIRES 03/01/10 I, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto,,s,et my hand a d the seal oft Insurance Company this l` `day of RLI Insurance Company By: I Roy C. Di Vice President 4665141030110 A0059207 California All- Purpose Acknowledgement 3950... State of California } County of Leos Angeles On June 5, 2009 before me, Dana Norman , a Notary Public personally appeared Richard J. Wi 11;ams and Charlotte Williams together DANA NORMAN COMMIlon #F 1597724 Nokxy Pub0c - CakWft WLos Ar4" County 1MVC0MM.ExpkwAA28.20091 Notary Public Seal Description of Attached Document who proved to me on the basis of satis ctory evidence to be the person(s) whose name(s) isfy_O subscribed to the within instrument and acknowledged to me that he/ he she executed the same in his /he t eir authorized capacity(ies), and that by his /her heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. lazr�n�J�DlViwn I��Vary� Notary Public Signature Title or Type of Document: Faithful Performance Bond Document Date: June 1, 2009 Number of Pages: 4 Signer(s) Other than Named Above: Bormy Smith and Holly E. Ulfers Capacity(ies) Claimed by Signer(s) ❑ Individual ❑ Corporate Officer: ❑ Partner - L) Limited U General ❑ Attorney -in -Fact L) Trustee U Guardian or Conservator ❑ Other: Signer is Representing: OPTIONAL ❑ Individual U Corporate Officer: ❑ Partner - U Limited U General ❑ Attorney -in -Fact U Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: California All- Purpose Acknowledgement State of California } County of Los Angeles On June 5, 2009 before me, 3950.,,, Iana Noreen , a Notary Public personally appeared Ridmrd J. Williams and Charlotte Williams together LemDANA NORMAN ConunWlon #►1697724 Noarr PubIC - CaNIOMIG LOS ArQeW COWOV My Comm. 000 Jul 28, 2009 Notary Public Seal Description of Attached Document Title or Type of Document: Labor and Materials Bond Document Date: June 1, 2009 who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/ r� subscribed to the within instrument and acknowledged to me that he/ she /( ie v(ies), executed the same in his /her/ e' authorized capaci and that by his /her/ eir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. i IlL Notary Public Signature Signer(s) Other than Named Above: Bonny Smith and Holly E. Ulfers Capacity(ies) Claimed by Signer(s) ❑ Individual 1:1 Corporate Officer: 0 Partner - ❑ Limited ❑ General Attorney -in -Fact ❑ Trustee 0 Guardian or Conservator ❑ Other: Signer is Representing: umber of Pages: 4 OPTIONAL J Individual ❑ Corporate Officer: ❑ Partner - 0 Limited U General ❑ Attorney -in -Fact �J Trustee ❑ Guardian or Conservator 1�1 Other: Signer is Representing: