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CONTRACT 3504 CLOSED
Admikk Contract Number: 3504 RESIDENTIAL SOUND INSULATION PROGRAM CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND S &L SPECIALTY CONTRACTING, INC. This contract is entered into this 16th day of August, 2005, by and between the City of El Segundo, a general law city and municipal corporation ( "the City ") and S &L Specialty Contracting, Inc. ( "the Contractor "). 1. WORK. A. The Contractor will provide all work required by the Contract Documents (the "Work "). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; C. The Contractor will 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 perform and complete the Work and provide the services required of the Contractor by the Contract Documents. D. "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; 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 Seven hundred twenty thousand, one hundred dollars and zero cents ($720,100.00) 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 within one hundred and ninety (190) calendar days (the "Contract Time. ") Residential Sound Insulation Program Group 7 Construction Contract (8/16/2005) V O, Contract Number: 3504 B. The Contract Time will commence when the City issues a notice to proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor shall not perform any Work until: i. The Contractor furnishes proof of insurance as required by the Contract Documents; and ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D. 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. E. 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 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 Residential Sound Insulation Program Group 7 Construction Contract (8/16/2005) Contract Number: 3504 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: The City James S. O'Neill City of El Segundo City Hall 350 Main Street El Segundo, CA 90245 The Contractor James W. Leana S &L Specialty Contacting, Inc. 472 South Salina Street Suite 400 Syracuse, NY 13202 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. 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 Standard Specifications. Residential Sound Insulation Program Group 7 Construction Contract (8/16/2005) (QTY �n t Secu�'� Contract Number: 3504 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. 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. 21. COMMUNITY DEVELOPMENT BLOCK GRANT REQUIREMENT This is a federally assisted construction contract and Federal labor standards, including Davis - Bacon requirements, will be enforced. If Federal and State wage rates are applicable, then the higher of the two will prevail. [Signatures on next page] Residential Sound Insulation Program Group 7 Construction Contract (8/16/2005) Contract Number: 3504 SeG13 IN WITNESS WHERE OF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO: A general law city and municipal corporation. Stewart Manager ATTEST: By: _ 0--� & � � � Cindy rtesen City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY By: CONTRACTOR: S &1 Taxpayer ID Number Contractor State License Number Contractor City Business License Number Karl H. Berger, Assistant City Attorney 14- 1825100 796968 23197 Residential Sound Insulation Program Group 7 Construction Contract (8/16/2005) 3504 . , , , THE AMERICAN INSTITUTE OF ARCHITECTS n,uao Bond #104528616 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): S & L Specialty Contracting Inc. Travelers Casualty and Surety Company of America 472 So. Salina, St., Suite 400 499 Thornall Street Syracuse, NY 13202 Edison, NJ 08837 OWNER (Name and Address): City of El Segundo City Hall 350 Main Street El Segundo, CA 90245 CONSTRUCTION CONTRACT Date: August 16, 2005 Amount: $720,100.00 Description (Name and Location): Residential Sound Insulation Program Group 7 BOND Date (Not earlier than Construction Contract Date): September 1, 2005 Amount: $720,100.00 12< one to this Bond: Lim one ❑ See Page 3 CONTRaontracti SURETY Compan(Corporate Seal) Company: (Corporate Seal) S & L Sp. Travelers Casualty and Surety Company of America Signatur Signature: Name and Titl Name and Title: Richard H. Hunt, Attorney -in -Fact (Any addition I sign ures a p r on page 3) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or R. H. Hunt & Associates, Inc. other party): 15 Meridian Road Eatontown, NJ 07724 Tel: 732 - 578 -9408 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 1 THIRD PRINTING • MARCH 1987 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1 After investigation, determine the amount for which it may be liable to the OvrdeU, 4s soon as practicable after the amount is determined, tender payment therefor to the Owner; or 2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if not liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non- performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 THIRD PRINTING • MARCH 1987 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: by the Owner in settlement of insura�ce oP other' claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement betwen the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND . DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 3 THIRD PRINTING • MARCH 1987 THE AMERICAN INSTITUTE OF ARCHITECTS muu` Bond # 104528616 AIA Document A312 Payment Bond 3504 ;L Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): S & L Specialty Contracting, Inc. 472 So. Salina St., Suite 400 Syracuse, NY 13202 OWNER (Name and Address): City of El Segundo City Hall 350 Main Street El Segundo, CA 90245 CONSTRUCTION CONTRACT Date: August 16, 2005 Amount: $720,100.00 Description (Name and Location): SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America 499 Thornall Street Edison, NJ 08837 Residential Sound Insulation Program — Group 7 BOND Date (Not earlier than Construction Contract Date): September 1, 2005 Amount: $720,100.00 Modifications to this Bond: ✓ None ❑ See Page 6 CONTRACTO NCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) S & L Specia Contractirt, kc. Travelers Casualty and Surety Company of America Signature: Roin -• Signature: 4 � f Name and Title: Name and Title: Richard H. Hunt, Attorney -in -Fact (Any additional s n page 6) (FOR INFORMA TION'ONL Y - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or R.H. Hunt & Associates, Inc. other party): 15 Meridian Road Eatontown, NJ 07724 Tel: 732 - 578 -9408 AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 4 THIRD PRINTING* MARCH 1987 1 The Contractor and the Surety, jointly and severally, bind successors and assigns to the Owner to pay for labor, themselves, their heirs, executors, administrators, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 6 When the Claimant has satisfied the c3diii09 4 Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 4.1 Claimants who are employed by or have a direct 9 The Surety shall not be liable to the Owner, Claimants or contract with the Contractor have given notice to the others for obligations of the Contractor that are unrelated to Surety (at the address described in Paragraph 12) and the Construction Contract. The Owner shall not be liable for sent a copy, or notice thereof, to the Owner, stating payment of any costs or expenses of any Claimant under that a claim is being made under this Bond and, with this Bond, and shall have under this Bond no obligations to substantial accuracy, the amount of the claim. make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this ;IA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 THIRD PRINTING • MARCH 1987 Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 3504 . in the Construction Contract, architectural and . engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. - AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 6 THIRD PRINTING - MARCH 1987 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA 3504 TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183 -9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S) -IN -FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies ") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Richard H. Hunt, of Eatontown, New Jersey, their true and lawful Attorney(s) -in -Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his /her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature 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. (11 -00 standard) 3504 . TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD, CONNECTICUT 06183 FINANCIAL STATEMENT AS OF DECEMBER 31, 2004 CAPITAL STOCK $6,000,000 CASH 8 INVESTED CASH $ 2,721,251 UNEARNED PREMIUMS $ 517,322,210 BONDS 2,103,575,828 LOSSES 542,595,315 STOCK 11,873,755 LOSS ADJUSTMENT EXPENSES 97,587,047 OTHER INVESTED ASSETS - COMMISSIONS 19,228,115 INVESTMENT INCOME DUE AND ACCRUED 24,085,8 45 TAXES, LICENSES AND FEES 10,736,457 PREMIUM BALANCES 139,148,258 OTHER EXPENSES 18,724,529 REINSURANCE RECOVERABLE 48,827,434 CURRENT FEDERAL AND FOREIGN INCOME TAXES 43,827,236 CURRENT FEDERAL INCOME TAX RECOVERABLE ' - PAYABLE FOR SECURITIES - NET DEFERRED TAX ASSET 37,424,124 PAYABLE TO PARENT, SUBSIDIARIES 6 AFFILIATES 35,395,260 RECEIVABLE FOR SECURITIES 300,000 OTHER ACCRUED EXPENSES AND LIABILITIES 139,342,853 RECEIVABLE FROM PARENT, SUBSIDIARIES & AFFILIATES - TOTAL LIABILITIES $1,424,761,023 OTHER ASSETS (72,723,020) CAPITAL STOCK $ 6,000 000 PAID IN SURPLUS 303,297,402 OTHER SURPLUS 561,175,050 TOTAL SURPLUS TO POLICYHOLDERS $ 870 472,452 TOTAL ASSETS $ 2,295,233,475 TOTAL LIABILITIES & SURPLUS $ 2,295,233,475 STATE OF CONNECTICUT ) COUNTY OF HARTFORD )SS. CITY OF HARTFORD LAWRENCE A. SIUTA, BEING DULY SWORN, SAYS THAT HE IS CHIEF FINANCIAL OFFICER - BOND, OF THE TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID COMPANY AS OF THE 31st DAY OF DECEMBER, 2004. SUBSCRIBED AND SWORN TO BEFORE ME THIS 24TH DAY OF MARCH, 2005 4 rl . TE Tq Z'N �wJ CHIEF FINANCIAL OFFICER - BOND �Cl11, l� G-t tk L_k NOTARY PUBLIC MY COMMISSION EXPIRES JUNE 30, 2006 3504. , RISCLOSUIM STAMENT &W=RTMCA11QN pursuant to N.J.S.A. 2A :44 -143 (for use when surcty(ies) have a certificate from U.S. Secretary of the Treasury in accordance with 31 U.S.C, Section 9303) Travelers Casualty and Surety Company, Tnvelers Indemnity Company, Standard Fire Inturanes Company, Travelers Casualty and Surety Company of Illinois, Travelers Casualty and Surety Company of America, Farmington Casualty Company, tnraty(ies) on the attached bond, hereby eertmes(y) the following, 1) The surety(ies) meets (meet) the applicable capita and surplus requirements of RS.17 :17.6 or R.S,17 :17.7 as of the surety's most current annual filing with the New Jersey Department of Insurance. 2) The capital and surplus, as detelTnlned in aceordanx with the applicable laws of this State, of the surety(ies) participating in the issuance of the attached bond is (are) in the following amounts au of the ca1llr4V year ended December 31, 2002 (most recent calendar year which capital and surplus amounts am available), which aamunis have been mrtifued on a Consolidated Cenifleation by XPMG Peat Marwick LLP, Xarfjord, Cornea tkut and are included in the Annual Statement on file with the New Jersey Department of Insurance, 20 West State Street CN -325, Trenton, New Jersey 08623 -0323, SIV/fV COI�OMV � (�Y�,� TmvelarsIndamtuty SIbo00,000 leMM 0�,963,JY6,203 Ttavelen Casualty and surety C mWy S2510m,000 $2472,746,429 e""o'O rw U*4r. C WwW Traysian C-uahy p,d SWft C g4ny of Amarias ai3Otltl'M S6,000,ow $741,632,010 $707,744,210 Tnvelen Casuahy sect surety cw0my of Illimb s6,000,000 $352,323,060 Fataninsw Csauaky C"q40' $6.000,000 $ 173,491,143 3) With respect to each surety participating in the issuance of the attached bond that has received from the U.S. Secretary of the Treasury, a certificate of authority pursuant 10 31 U.S.C. Section 9305, the underwriting limitation established there on July 1, 2003 (most recent calendar year available) is as follows: £ever Camay Traveler Jtadwnaity Canp411y 'Mvelan C""Ity ant Swrcty CaaWmy aut+dud Eire limner Company itavelan Casualty std sumo' Company of Amcviw F:m o Compagy or Illinois 4) The amount of the bond to which the statement and certification is attach 37,961.000 3169.132.000 S74.16S.000 $70,'/74,000 $33.233,000 $17.349,000 edis S �/ o 5) If, by virtue of one or more contracts of reinsurance, the amount of the bond indicated under Itom 4 above exceeds the total underwriting limitation of all sureties on the bond a9 set fortis in Item 3 above, then for each such contact of reinsurance: A) The name and address of each such reinsurer under that contract and the amount of the reinsurer's participation in the contact is as follows: and; Ardreu Amount b) Bach Surety that iS party to such contract of reinsurance oortifie9 that each minsurer listed colder Item 5(a) satisfies; the credit for reinsurance requirement established under P.L. 1993, c.243(C.17 :51B -1 et seq.) and any applicable regulations in effect as of the date on which the bond to which this statement and certification is attached shall have been filed with the appropriate public agency. CERTt,=TE I, Kari M. Johanson, as Attorney -in -Fact for Travelers Casualty and Surety Company, a corporation domiciled in Connecticut, DO HEREBY CERTIFY that, to the best of my knowledge, the foregoing statements made are tune, ACKNOWLEDGE that, if any of those statements made by me are false, this bond is VOIDABLE. (5i nature of ce ns agent/oiiicer) Date: Se kAvt6Pr- Kod M. Johanson (Print name of certifying agent/oMcer) Assiont S, ecreLM (Title of certifying Wnt/oflicer) ZO'd Sb.Ol bOCII,, Zs �pW RTTF,hfhTC; :Xt? TRRii__tRS Fax:7?24949118 Feb 1F �';Y'14 12: `'. 35 0 4 . N9 6��6 STATE of CALIFORNLA DEPARTMENT OF INSURANCE SAN MIANCISCO Amended Certificate of Authority TW3 is mo Cw aY, That, pursuant to the Insurance Code of the State of California, Travelers Casualty and Surety Company of America of Hartford, Connecticut , organized under the laws of Connecticut , subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to tranaaa within this State, subject to an provisions of tht, Certifloate, the following Classed of insurance.. Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, surglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft, and Miscellaneous ar such classes are now or may hereafter be defined in the insurance caws of the State of California. T= (:r;xWtcAze it expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of Calif vmia as long as such laws or requirenwrnts are in effect and applicable, and as such laws and'requirements now are, or may hereafter be changed or a•nsnded. IN WnWEIS W11=071 effeetitue as of ..... -....... day of. _Z14 I Z , 1912—, 1 have hereunto set my hand and caused my oficial seal to be affixed day of J U112-.._ -- Ii)Si uck By�`�o of State must be wooM+ U#hcd ss required�bytlhg Ca� promptly aned will after Voundl f Y f4voidmS "Grn9oa e�ot Aud+orilb Pttueuant tQ a$ eo �ntsmsds in awdor and dw coadidoos eoataiaed heels. t Code o. 701 catiou it 9"41 LSPEC 3 5 0 4 �. :J J ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ACQ CERTIFICATE OF LIABILITY INSURANCE 11/0` 2/0Y5 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Allied North America Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Brokerage of New York, LLC ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 390 North Broadway S Jericho, NY 11753 INSURERS AFFORDING COVERAGE INSURED — INSURERA American Home Assurance Company _ S & L Specialty Contracting, Inc. INSURER B: - _ 472 South Salina Street, Suite 400 - - "" - -- — INSURER C: Syracuse, NY 13202 -2481 y - - - - -� INSURER D: INSURER E: S rVv F.43 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POIJCY EFFECTIVE POLICY EXPIRATION SITS DA GENERAL LIABILITY EACH OCCURRENCE – S S I COMM ERCIAL GENERAL LAS ILITY 1 FIRE DAMAGE (Any one fire) – CLAIMS MADE —! OCCUR MED EXP (Any one Person) $ _ S PERSONAL & ADV INJURY $ f GENERAL AGGREGATE GEN'L AGGREGATE LIMITAPPLIESPER: $ PRODUCTS •COMP/OPAGG POLICY PRO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S r• (Ea accident) ANY AUTO ALL OWNED AUTOS BODILY INJURY S (Per person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ - NON -OWNED AUTOS (Per accident) / PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY � ,oar^ a•q.. a /,� ..7 „<,... AUTO ONLY • EA ACCIDENT $ $ ACC ANY AUTO h" EA OTHER THAN - -_. ffh AUTOONLY: AGC i EXCESS LIABILITY EACH OCCURRENCE — -- -- — $ __— r-- ir OCCUR I CLAIMS MADE i AGGREGATE $ i DEDUCTIBLE $ — -- RETENTION $ S A AND WC2 6 7 5 7 8 7 12/01/04 12/01/05 X we sTATU• oTH• rR WORKERS COMPENSATION EMPLOYERS' LIABILITY E.L. EACH ACCIDENT S1,000,000 E.L. DISEASE • EA EMPLOYEE S1 0 0 0, 000 E.L. DISEASE • POLICY LIMIT S1,000,000 OTHER DESCRIPTION OF OPERATIONWLOCATIONWVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPE04AL PROVISIONS City of E1 Segundo - Residential Sound Insulation Program GROUP 7 Foregoing per policy form. City of E1 Segundo City Hall 350 Main Street E1 Segundo, CA 90245 ACORD25- S(7/87)1 of 2 #S336199/M294681 SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL lA1L 0 DAYSWRITTEN NOTICETOTHE CERTIFICATE HOLDERNAMEDTOTHELEFT 4j. _jka r ETC a ACORD CORPORATION 1888 5 Q 4 , 77"R IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(iss) 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. ACORD25- 8(7107)2 of 2 #S336199/M294681 '7 GnI '- ACAMDM CERTIFICATE OF LIABILITY INSURANCE 08 /26 /200 PRODUCER (973)812 -9855 FAX (973)812 -9860 C &H Agency, Inc. PO Box 324 783 North Riverview Drive Totowa, N] 07512 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED S & L Specialty Contracting, Inc. 472 South Salina Street, Suite 400 Syracuse, NY 13202 -2481 INSURERA: American Home Assurance Co. (AIG 19380 INSURERB: Arch Insurance Company (Hartan) 11150 INSURERC: GL7047177 INSURER D: DAMAGE TO RENTED INSURER E: MED EXP (Any one person) COVFRAGFS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN( ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD1 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION 03/17/2006 LIMITS EACH OCCURRENCE $ 2,000,00( A El Segundo, CA 90245 GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR GL7047177 03/17/2005 DAMAGE TO RENTED $ 50,00( MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 1,000,00( GENERAL AGGREGATE $ 4,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO- JECT LOC PRODUCTS - COMP /OP AGG $ 4,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON -OWNED AUTOS CA8261997 03/17/2005 03/17/2006 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,00 X X BODILY INJURY (Per person) $ X X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ B EXCESSIUMBRELLA LIABILITY X OCCUR FI CLAIMS MADE DEDUCTIBLE X RETENTION $ 10,00 ULP0005384 -00 03/17/2005 03/17/2006 EACH OCCURRENCE $ 10,000,00( AGGREGATE $ 10,000,00( $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WC STATU- 02R- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS E: City of E1 Segundo, Residential Sound Insulation Program - GROUP 7, Contract No. 3504 G2010 (11/85) Additional Insured - Owners, Lessees or Contractors (Form B) (attached) "*See attached for cancellation clause" CFRTIFICATF W01 r1FR cAtueGi I ATtnu ACORD 26 (2001/08) © ACORD CORPORATION 1988 . , SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL KAIf MOM MAIL City of El Segundo 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City Hall�XIXX�Kx� (D(AQXdWtilOQ�6lEXJ(1O4X�1(XX 350 Main Street dfKAQXrXc1& ADD K* Xe104XNKXXXMJ KKKXWAX* XiMXXXXXXXXXX El Segundo, CA 90245 AUTHORIZED REPRESENTATIVE Michael Culnen LORI�` —�— ACORD 26 (2001/08) © ACORD CORPORATION 1988 . , 35 0 4 City of E1 Segundo Certificate issued to City of E1 Segundo 08/26/2005 C &H Agency,Inc 08/26/2005 * *Should any of the above - described policies be cancelled before the expiration dates thereof, the issuing company will mail within 30 days written notice to the certificate holder. ** POLICY NUMBER; 3504. COMMERCIAL GENERAL, LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURE 10 - OWNERS, LESSEES OR CONTRACTORS -- (FORM B) This endorsement modifies insurance provided undei'the following: COMMERCIAL GENERAL LIABIL17Y COVERAGE PART. Name of Peron of Organization; SCHEDULE As required by contract, provided contract executed prior to loss City of E1 SeguoBo (if no entry appears above, infcrmatlon required to complete this endorsement wNl be shown in the Declarationa as appllcabfe to this endorsement.) WHO IS AN INSURED (Section Il) is amended to inc'ude as an Insured the person or organization shown in the Schedule, but only with respect to liability erbing out 011' your work" for that insured by or for you, I i CO 20 101185 Copyright, Insurance Services olFce, Inc,, 1984 Page 1 of 1 0