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
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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.
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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