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HomeMy WebLinkAboutC-1536 ®RI OVAL CONTRACT THIS CONTRACT, made and executed this 25th day of April , 19 95 , by and between the City of Arcadia, California, hereinafter referred to simply as City, and SULLY-MILLER CONTRACTING CO. hereinafter referred to simply as Contractor. WITNESSETH: That the parties hereto do mutually agree and covenant as follows: 1. For and in consideration of the payments and covenants hereinafter specified to be made and performed by City, Contractor shall perform and complete the following: Arcadia Downtown 2000 Streetscape Project (Name of Project) Job Nos . 582 , 646 , and 550 Four Million Two Hundred Eighty Eight Thousand Five Hundred _ . Twenty Nine Dollars and Fifty Five Cents ($4 , 288, 529 . 55) for Base Bid (Items 1 thru 237) , Alternate Bids 2 , 3 , 4 , 5 , 6, and 7 (Bid Items Accepted by City and Included Herein) and to perform and complete the same in a good and workmanlike manner all the work pertaining thereto shown on the Plans and Specifications therefor; to furnish at his own cost and expense all tools, equipment, labor, services, and materials necessary therefor (except such materials, if any, as in the said specifications are stipulated to be furnished by the City), and to do everything required by this - contract, special provisions, technical specifications, construction plans, drawings and details, and all addenda issued by City to the foregoing prior,to.the opening of bids. 2. For furnishing all said materials and labor, services, tools, and equipment, and doing all work specified herein, also arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said specifications are expressly stipulated to be borne by the City and for well and faithfully completing the work in the manner specified in said Plans and Specifications, the City will pay and the Contractor shall receive in full compensation therefor the lump sum price or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the specifications, as set • ARCADIA DOWNTOWN 2000 STREETSCAPE F: CONTRACT - 1 C � forth in Contractor's bid heretofore filed by him and accepted by City, at the times and manner specified in the Contract Documents. 1 ! 3. Contractor agrees to perform the work according to the terms of this Contract for price(s) named in the bid, and City agrees to pay the same at the time, in the <_ manner, and upon the conditions stipulated in the said contract documents. 4. Subject to the provisions of this Contract, all terms, covenants, conditions, and M!. provisions hereof shall inure to and shall bind each of the parties hereto and each. of their respective heirs, executors, administrators, successors, and assigns. 5. Proposal, Non-Collusion Affidavit, Bidders Bond, Contract, Faithful Performance Bond, Labor & Materials Bond, Certification of Contractor, General Provisions, Notice Inviting Bids, Information for Bidders, Contractor's Bid, Special Provisions, 'L-r Supplementary Conditions, Insurance, Exhibit A, Technical Specifications, Construction Plans, Drawings and Details, and all addenda issued by City to the foregoing prior to the opening of bids, are hereby incorporated in and made part -' of this contract by reference and are collectively referred to therein and herein as "Contract Documents." 6. Contractor shall be responsible for compliance with the Apprenticeable Occupations Regulations of Labor Code, Section 1777.5, including compliance by all subcontractors. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. CITY OF ARCADIA CONTRACTOR By SULLY=,. L CON -'o C CO. City Manager B y 46 (SEAL) David L. McCracken President Title ATTEST:= ._ _ Clerk _ APPROVED AS TO FORM: 24 • City Attorn y ARCADIA DOWNTOWN 2000 STREETSCAPE F. CO NTRACT - 2 4 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 25 April 1995 before me, Kathleen L. Flachmeier, Notary Public, personally appeared David L. McCracken, XX personally known to me, OR_proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they exectued the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal "'' 1 .,T 1-.LEEK L. FLACHMEIER �+ t v ."'-% COMM.#922644 g / = t =% Notary Public-California 1� -� 1 ` {�-�,^ ) ORANGE COUNTY Kat leen L. Flachmeier, Notary Public ' f . My Comm. Exp.Mar.25, 1998 1 ATTENTION: The information requested below is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW. Type or Title of Document: Contract, City of Arcadia Number of Pages: 10 Date of Document: 25 April 1995 Signer(s) Other Than Named Above: Representatives of Seaboard Surety Company CAPACITY CLAIMED BY SIGNER(S) CAPACITY CLAIMED BY SIGNER(S) _INDIVIDUALS _INDIVIDUALS XXCORPORATE: OFFICER(S) President _CORPORATE: OFFICER(S) _PARTNER(S):_LIMITED,_GENERAL PARTNER(S):_LIMITED,_GENERAL _ATTORNEY IN FACT _ATTORNEY IN FACT _TRUSTEE(S) _TRUSTEE(S) GUARDIAN/CONSERVATOR _GUARDIAN/CONSERVATOR _OTHER: _OTHER: SIGNER IS REPRESENTING: SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies): Name of Person(s) or Entity(ies): Sully-Miller Contracting Co. Bond No. 309599 Premium: $20,712.00 FAITHFUL PERFORMANCE BOND 100% of Contract Price KNOW ALL MEN BY THESE PRESENTS, THAT WE SULLY-MILLER CONTRACTING COMPANY 1100 E. ORANGETHORPE, SUITE 200, ANAHEIM, CA 92801 hereinafter referred to as "Contractor" as PRINCIPAL, and SEABOARD SURETY COMPANY P. 0. BOX 2151, SPOKANE, WA 99210 a corporation duly organized and doing business under and by virtue of the laws of the State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of FOUR MILLION TWO HUNDRED EIGHTY-EIGHT THOUSAND FIVE HUNDRED TWENTY-NINE AND NO/100THS-- Dollars ($ 4,288,54 in lawful money of the United States of America for the payment of 7 which sum, well and truly to be made, .we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that the City said Contractor all has been awarded and is about to enter into a Contract itY required pursuant to the contract documents for the project entitled: CITY OF ARCADIA DOWNTOWN 2000 STREETSCAPE PROJECT: HUNTINGTON DRIVE-SANTA CLARA STREET TO FIFTH AVENUE; FIRST AVENUE-WHEELER AVENUE TO CALIFORNIA STREET; JOB NOS. 582, 646, 520 (Insert Title Shown on Proposal) which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW,THEREFORE, if said Contractor and his Subcontractors shall well and truly do and perform all the covenants and obligations of said Contract on his part to be done and performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect; PROVIDED, that any alterations in the work to be done, or in the material to be furnished, ►* which may be made pursuant to the terms of said Contract, shall not in any way release said Contractor or the Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety. nr ARCADIA DOWNTOWN 2000 STREETSCAPE G. FAITHFUL PERFORMANCE - 1 ra In the event suit is brought upon this Bond by the City.and judgment is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable yY attorney's fee to be fixed by the Court. _ IN WITNESS WHEREOF, we have hereunto set our hands and seals this 24th. day of April - , 19 95 . - CONTRACT G COMPANY SEABOARD SURETY COMPANY - LY MILLER � SULLY-MILLER Sure Principal t B : =l✓1 _� ��"_ y� Linda Tichey ....Attorney-in-Fact Y SEAL) I ��I=AL) David L. McCracken _ 1 President • i s 1 ARCADIA DOWNTOWN 2000 STREETSCAPE G. FAITHFUL PERFORMANCE - 2 i 1 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 25 April 1995 before me, Kathleen L. Flachmeier, Notary Public, personally appeared David L. McCracken, XX personally known to me, OR_proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they exectued the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s) or entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal Q, KATHLEEN L. FLACHMEIER f /// //��.. / / G5 s - •�'.:: COMM.#922644 L 1 ! r� (mot � _.IL� / IT-4„„a' €4i:ice i:,; Notary Public-California ' "" ,, ORANGE COUNTY Ka Teen L. Flachmeier, Notary Public �t. .. My Comm. Exp.Mar.25, 1998 ATTENTION: The information requested below is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Type or Title of Document: Contract, City of Arcadia Number of Pages: 10 Date of Document: 25 April 1995 Signer(s) Other Than Named Above: Representatives of Seaboard Surety Company CAPACITY CLAIMED BY SIGNER(S) CAPACITY CLAIMED BY SIGNER(S) INDIVIDUALS _INDIVIDUALS XXCORPORATE: OFFICER(S) President _CORPORATE: OFFICER(S) _PARTNER(S):_LIMITED,_GENERAL _PARTNER(S):_LIMITED,_GENERAL _ATTORNEY IN FACT _ATTORNEY IN FACT _TRUSTEE(S) _TRUSTEE(S) _GUARDIAN/CONSERVATOR _GUARDIAN/CONSERVATOR _OTHER: OTHER: SIGNER IS REPRESENTING: SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies): Name of Person(s) or Entity(ies): Sully-Miller Contracting Co. State of Washington ) County of Spokane ) I certify that I know or have satisfactory evidence that Linda Tichey signed this document; on oath stated that he/she was authorized to sign the document and acknowledged it as the agent or representative of the named surety company which is authorized to do business in the States of Washington and California, for the purposes mentioned in this document. DATED on April 24, 1995 ` Signatur of ■ • arr My appo' . -nt expires 9-15-95 Bond No. 309599 Premium: Included in Perf. Bond LABOR AND MATERIAL.BOND (100% of Contract Price) : ; _ - KNOW ALL MEN BY THESE PRESENTS, THAT WE SULLY-MILLER CONTRACTING COMPANY 1100 E. ORANGETHORPE, SUITE 200, ANAHEIM, CA 92801 hereinafter referred to as "Contractor" as PRINCIPAL, and SEABOARD SURETY COMPANY P. 0. BOX 2151, SPOKANE, WA 99210 a corporation duly organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing, or becoming sole Surety upon bonds or undertakings as surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum Of FOUR MILLION TWO HUNDRED EIGHTY-EIGHT THOUSAND FIVE HUNDRED TWENTY-NINE AND NO/100THS-- Dollars ($4,288,529), lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into•a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: CITY OF ARCADIA DOWNTOWN 2000 STREETSCAPE PROJECT; HUNTINGTON DRIVE-SANTA CLARA STREET TO FIFTH AVENUE; FIRST AVENUE-WHEELER AVENUE TO CALIFORNIA STREET;. JOB NOS. 582, 646, 520 (Insert Title Shown on Proposal) which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor or subcontractor in said Contract fails to pay for any materials, equipment, tools, provisions, provender or other supplies, or teams, or services, or for rental of same, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under applicable law with respect to any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and also, in case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any and all persons, companies, or corporations entitled to file claims under applicable law; ARCADIA DOWNTOWN 2000 STREETSCAPE H. LABOR AND MATERIAL BOND - 1 i PROVIDED, that any alterations.in,the-:work to_be done, or the materials, equipment, tools, provisions, provender or-:other supplies,,or teams, or services to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder, nor shall any extensions of time granted I under the provisions of said Contract release either said Contractor.or,said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals this . 24th day , , of April , 19 95 . SULLY-MILLER"CONTRACTING 'COMPANY SEABOARD SURETY COMPANY I Principal / Surety B �. L � y. y� L_ EAL) Linda Tich Attorney-in-] EAL) David L:'-McCracken . President' 1 1 ! ARCADIA DOWNTOWN 2000 is STREETSCAPE • H. LABOR AND MATERIAL BOND - 2 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 25 April 1995 before me, Kathleen L. Flachmeier, Notary Public, personally appeared David L. McCracken, XX personally known to me, OR_proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they exectued the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal RG;i HL EE d L. FIACHMEIER cl 1° ,tl,��.f z. COMM.#1922644 ,1f��/�,1 �, �.` L ��% •,-� %%H, NotaryPublic-California ORANGE COUNTY .thleen L. Flachmei°r, Notary Public 4 My Comm. Exp.Mar.25, 1998 ATTENTION: The information requested below is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW Type or Title of Document: Contract, City of Arcadia Number of Pages: 10 Date of Document: 25 April 1995 Signer(s) Other Than Named Above: Representatives of Seaboard Surety Company CAPACITY CLAIMED BY SIGNER(S) CAPACITY CLAIMED BY SIGNER(S) _INDIVIDUALS _INDIVIDUALS XXCORPORATE: OFFICER(S) President _CORPORATE: OFFICER(S) _PARTNER(S):_LIMITED,_GENERAL _PARTNER(S):_LIMITED,_GENERAL ATTORNEY IN FACT ATTORNEY IN FACT _TRUSTEE(S) _TRUSTEE(S) _GUARDIAN/CONSERVATOR _GUARDIAN/CONSERVATOR _OTHER: OTHER: SIGNER IS REPRESENTING: SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies): Name of Person(s) or Entity(ies): Sully-Miller Contracting Co. State of Washington ) County of Spokane ) I certify that I know or have satisfactory evidence that Linda Tichev signed this document; on oath stated that he/she was authorized to sign the document and acknowledged it as the agent or representative of the named surety company which is authorized to do business in the States of Washington and California, for the purposes mentioned in this document. DATED on April 24, 1995 _ 1/ ��� .�!i 4111W eta ignature of N• . My appoi - -nt expires 9-15-95 _�i