HomeMy WebLinkAboutC-4082 CHUD'-
\uA"iC
AThis page is part of youraoa �
ffro.f
°s•44, 20181097202
Paaos
4 4111` + Recorded/Filed in Official Records
*14.2=.i tij pti Record
411, California
C411,00).' 10/30/18 AT 08:08AM
FEES: 0.00
TAXES: 0.00
OTHER: 0.00
PAID: 0.00
II II I I IIY S 111111 SII II I IIII III0I II 1 1011110 I II III
LEADSHEET
III I IN II II I Ull 0II ll U I I201 81 3 2840009
0001 884911
II
IIIII11I11IIIIIHIIIIYII
EQ:
02
111101111111 II 11111111101 III HI 11111111111111111110111111111111110 HI
1111111313- �III�RII�IIIIIllllllllllllll�
' RECORDING REQUESTED BY
r - . CITY OF ARCADIA Document Number:15884911
AND WHEN RECORDED MAIL TO III II III III IIIIIIIIIIIII I II
NAME PHIL WRAYBatch Number:9428632
CITY ENGINEER IIII III II VIII IIIIIIII
CITY OF ARCADIA
STREET 240 WEST HUNTINGTON DR
PO BOX 60021
CITY ARCADIA, CA 91066-6021
STATE
ZIP
SPACE ABOVE THIS LINE FOR RECORDER'S USE
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.)
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is CITY OF ARCADIA
3. The full address of the owner is 240 WEST HUNTINGTON DRIVE,ARCADIA CALIFORNIA 91007
4. The nature of the interest or estate of the owner is: In fee.
(if other than Fee, strike"In fee"an insert,for example, "purchaser under contract of purchase,"or"Lessee")
5. The full names and full addresses of all persons, if any,who hold title with the undersigned as joint tenants or as tenants in
common are:
NAMES ADDRESSES
6. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent
to the commencement of the work or improvements herein referred to:
NAMES ADDRESSES
7. A work of improvement on the property hereinafter described was completed on AUGUST 7,2018 . The work done was:
DOWNTOWN PEDESTRIAN ACCESS IMPROVEMENTS AT HUNTINGTON DRIVE/PARKING LOT 2 PROJECT NO. 41853716
8. The names of the contractor, if any,for such work of improvement was SULLY MILLER CONTRACTING CO.
SEPTEMBER 27,2017
(If no contractor for work of improvement as a whole,insert"None") (Date of Contract)
9. The property on which said work of improvement was completed is in the City of ARCADIA.
County of LOS ANGELES, State of CA,and is described as follows: HUNTINGTON DRIVE BETWEEN SANTA ANITA AVENUE
AND FIRST AVENUE
10. The street address of said property is NONE
(If no street been o1 a assigned,i ert"No
Dated: OCTOBER 2, 2018 a".
1T7 �'q��el- I
Il-
Signatur Owne r corporate offic r of Owner named in paragraph 2,or his agent
PHIL WRAY, CITY ENGINE
VERIFICATION
I,the undersigned, say: I am the CITY ENGINEER the declarant of the foregoing Notice of Completion;
(President of,Manager of,Partner of,Owner of,etc.)
I have read said Notice of Completion and know the contents thereof;the same is true to my knowledge, I declare under penalty of
perjury that the foregoing is true and correct.
Executed on OCTOBER 2,2018 ,ARCADI J\C LI ORNIA
(Personal signature of the individual who is earing that the contents of the Notice of Completion are true)
'PHIL WRAY, CITY ENGINEER
C-yO Z
I1O0- 0
i; (PROJECT NO. 41853716)
CONTRACT FOR THE
CITY OF ARCADIA
DOWNTOWN PEDESTRIAN ACCESS IMPROVEMENTS
AT HUNTINGTON DRIVE/PARKING LOT 2
•
PROJECT NO.41853716
1. PARTIES AND DATE.
This Contract is made and entered into this 21tI) day of ? �'rlyih 2017, by and
between the CITY OF ARCADIA (hereinafter called the "Owner'') and SULLY-MILLER
CONTRACTING CO. (hereinafter called the "Contractor").
2. RECITALS.
2.1 The Owner is a charter City organized under the laws of the State of California, with
power to contract for services necessary to achieve its purpose;
2.2 Contractor, in response to a Notice Inviting Bids issued by Owner January 2017, has
submitted a bid proposal for construction the DOWNTOWN PEDESTRIAN ACCESS
IMPROVEMENTS AT HUNTINGTON DRIVE / PARKING LOT 2 PROJECT described in the
Contract.
2.3 Owner has duly opened and considered the Contractor's bid proposal, and duly
awarded the bid to Contractor in accordance with the Notice Inviting Bids and the other Bid
Documents, and has given written notice to Contractor on September 6, 2017.
2.4 Contractor has obtained, and delivers concurrently herewith, Performance and
: yment Bonds and evidences of insurance coverage as required by the Contract.
3 €<4 TERMS.
3.1 Incorporation of Documents.
This Contract includes and hereby incorporates in full by reference the following documents,
_ including all exhibits, drawings, specifications and documents therein, and attachments and
addenda thereto:
a. Notice Inviting Bids
b. Instructions to Bidders
c. Contract Bid Forms
d. Contract
e. Contract Appendix
Part "A" - General Conditions
Part "B" - Supplementary General Conditions
Part "C" - Special Provisions
Part "D" - Specifications
Part "E" - Drawings (under separate cover)
.\570015 CONTRACT- 1 GB-STATE&LOCAL(505/507/660)(7/24/00)
(PROJECT NO. 41853716)
Part "F" - Performance Bond
Part "G" - Payment Bond
Part "H" - Escrow Agreement for Security
Deposits (optional)
f. ADDENDUM NO. 1 dated 6/20/17
The above documents, including the General Conditions, are an integral part of the Contract
Documents. In addition to signing this Contract, Contractor shall initial this paragraph immediately
1, below acknowledging that he or she has read, understood and agrees with all of the terms of the
F Contract Documents, including, but not limited to, provisions of the General Conditions relating to
indemnification, insurance, standards of performance, termination, compensation and time of the
essence performance. Contractor shall not disclaim knowledge of the meaning and effect of any
term or provision of the Contract Documents, and agrees to strictly abide by their meaning and
intent. In the event that Contractor fails to initial below, the Owner shall have the right to
declare the Contract unexecuted and to award the Contract to another contractor in
accordance with state law.
Contractor's Initials
3.2 Contractor's Basic Obligation.
Contractor promises and agrees, at its own cost and expense, to furnish to the Owner all
labor, materials, tools, equipment, services, and incidental and customary work for the construction
necessary to fully and adequately complete DOWNTOWN PEDESTRIAN ACCESS
IMPROVEMENTS AT HUNTINGTON DRIVE / PARKING LOT 2 PROJECT, including any
alternates selected by the Owner, and all structures and facilities described in the Contract
(hereinafter the "Work"), for a total of one hundred eighty two thousand seven hundred forty
eight DOLLARS ($182,748), as specified in the Contract Bid Forms submitted by the Contractor in
response to the above referenced Notice Inviting Bids. Such amount shall be subject to adjustment
in accordance with the applicable terms of this Contract. All Work shall be subject to, and
performed in accordance with the above referenced documents.
3.3 Standard of Performance.
Contractor shall perform all Work under this Contract in a skillful and workmanlike manner,
• and consistent with the standards generally recognized as being employed by professionals in the
same discipline in the State of California. Contractor represents and maintains that it is skilled in the
professional calling necessary to perform the Work. Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Work assigned to them.
Finally, Contractor further represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Work, and that such licenses and approvals shall be maintained throughout the term of this
Contract.
4
4"1-113\DRD`570015 CONTRACT-2 GB-STATE&LOCAL(505/507/660)(7/24/00)
I3.4 Period of Performance. (PROJECT NO. 41853716)
Contractor shall perform and complete all Work under this Contract within 60 calendar days,
beginning ten (10)calendar days after the date on which the Notice to Proceed is sent by the Owner
to the Contractor. Moreover, Contractor shall perform its Work in strict accordance with any
completion schedule, construction schedule or project milestones developed pursuant to provisions
of the Contract, including but not limited to the Project Schedule located in the Specifications.
Contractor agrees that if such Work is not completed within the aforementioned period
and/or pursuant to any such completion schedule, construction schedule or project milestones
developed pursuant to provisions of the Contract, including but not limited to the Project Schedule
located in the Specifications, itis understood,acknowledged and agreed that the Owner will suffer damage.
Pursuant to Government Code Section 53069.85, Contractor shall pay to the Owner as fixed and liquidated
damages the sum of ONE THOUSAND DOLLARS($1,000) PER DAY as provided by the applicable
provisions of the General Conditions, found in Part "B" of the Contract Appendix.
3.5 Owner's Basic Obligation.
Owner agrees to engage and does hereby engage Contractor as an independent contractor
to furnish all materials and to perform all Work according to the terms and conditions herein
contained for the sum set forth above. Except as otherwise provided in the Contract, the Owner
Ishall pay to Contractor, as full consideration for the satisfactory performance by the Contractor of the
services and obligations required by this Contract, the above referenced compensation in
accordance with compensation provisions set forth in the Contract.
3.6 Contractor's Labor Certification.
Contractor maintains that he is aware of the provisions of Section 3700 of the California
Labor Code which require every employer to be insured against liability for Worker's Compensation
or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply
with such provisions before commencing the performance of the Work. A certification form for this
purpose is attached hereto as Exhibit "A" and incorporated herein by reference, and shall be
executed simultaneously with this Contract.
3.7 Attorneys' Fees.
If either party commences an action against the other party, either legal, administrative or
otherwise, arising out of or in connection with this Contract, the prevailing party in such action shall
be entitled to have and recover from the losing party reasonable attorneys'fees and all other costs
of such action.
3.8 Successors.
The parties do for themselves, their heirs, executors, administrators, successors, and
assigns agree to the full performance of all of the provisions contained in this Contract. Contractor
may not either voluntarily or by action of law, assign any obligation assumed by Contractor
hereunder without the prior written consent of the Owner.
•
P��ttfl5700 s CONTRACT-3 GB-STATE&LOCAL(505/507/660)(7/24/00)
(PROJECT NO. 41853716)
3.9 Notices.
All notices hereunder and communications regarding interpretation of the terms of the
Agreement or changes thereto shall be provided by the mailing thereof by registered or certified
mail, return receipt requested, postage prepaid and addressed as follows:
Contractor Surety
Sully-Miller Contracting Co. Liberty Mutual Insurance Company
135 S. State College Blvd., Suite 400 8044 Montgomery Rd., Ste. 150
Brea, CA 92821 Cincinnati, OH 45236
Attn: Dennis Gansen Attn: Kelley Brown
Vice President
Owner With Copies To:
City of Arcadia
240 West Huntington Drive
1 Arcadia CA 91007
Attn: Jason Kruckeberg Attn:
a Assistant City Mgr/Dev Svcs Dir
,
Any notice so given shall be considered received by the other party three (3) days after
deposit in the U.S. Mail, first class postage prepaid, addressed to the party at the above address.
Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the
method of service.
CONTRACTOR CITY OF ARCADIA
i7
9) B : 1--- �
/' Y
Name Dominic Lazzare ty Manager
ik Dennis Gansen, Vice President 4ytiB4acZ- 27 (1 i
Title Date I i
��� Attest:
"` ame /
I I,
` Scott Bottorhley °%i - President
Title By: '/`/f : s,,,It .. , LLAIs
''ity •Ie-k i
J� a
i
1. Number: Contractor's License:
33-0787630 Number 747612
Number i
Class A
'ved as to Form.
- PG-ficr....... ,a
Stephen P. Deitsch, City Attorney
i 70015 CONTRACT-4
GB-STATE&LOCAL(505/507/660)(7/24/00)
I
I
1
CERTIFICATE OF INCUMBENCY AND RESOLUTION i
I, Anthony L. Martino, II, do hereby certify that I am the Secretary of Sully-Miller Contracting j
4 Company, a Delaware corporation, and that as such I have access to and custody of the corporate I
records and minute books of said corporation. 1
And I do hereby further certify that the following persons are duly elected officers of said
corporation. I
TITLE NAME 1
Chairman Of The Board John Harrington
President John Harrington
Vice President,CFO& Treasurer Christian Ransinangue t
'
5 r. Vice President of Operations William Joseph Thomas Boyd
i i
3 Vice President Scott Bottomley
Vice President Dennis Gansen
Secretary Anthony L.Martino II
Assistant Secretary Raymond Sanchez
1
I further certify that the following is a true and correct copy of a resolution duly adopted by the
Board of Directors of said Company at a meeting held on December 9, 2016, and that this f
resolution has not been in any way rescinded, annulled, or revoked but the same is still in full g
force and effect:
f
"BID TENDERS: GENERAL 1
RESOLVED, that any officer of the Corporation be and they hereby are
I
authorized in the name and on behalf of the Corporation, under its corporate
seal or otherwise (i) to prepare proposals and bids for the supplying of
construction materials and the performance by itself or in joint venture, of
work of whatsoever nature in connection with the construction or paving of
highways, roads and airports and in connection with earthworks and civil
engineering projects of all kinds, together with all work incidental thereto, (ii)
to execute and submit any and all such proposals and bids to any governmental I
authority, instrumentality, or agency of the United States, its several states,
territories and possessions, including without limitation, any municipality or
other political or corporate subdivision thereof, and to any corporation,
partnership, sole proprietorship, or other business entity, (iii) in connection
with any such submission, to deliver bid deposits or bonds as may be required
and (iv) to execute and deliver definitive agreements binding the Corporation
to perform work in accordance with any proposals and bids authorized I
hereby."
1
SS WHEREOF,I have hereunto set my hand and affixed the corporate seal this 2nd t
May 2017. f
EAL) e'thony L. 1:+' ;-o,II j
Secretary ;
Sully-Miller Contracting Company
135 S. State College Blvd., Ste.400
Brea, CA 92821 I
t
1
i
5
(PROJECT NO 41853716)
EXHIBIT "A"
CERTIFICATION
LABOR CODE - SECTION 1861
I,the undersigned Contractor, am aware of the provisions of Section 3700 et seq. of
the California Labor Code which require every employer to be insured against liability for
Worker's Compensation or to undertake self-insurance in accordance with the provisions of
the Code. I agree to and will comply with such provisions before commencing the Work
governed by this Contract.
CONTRACTOR:
Name of Contractor: SULLY-MILLER CONTRACTING
3 CO.
By: .f/ ''
Signature:
Name: Dennis Gansen
Title: Vice President
Date: September 18, 2017
4 ,l
1
x,
I
' 57OO,s CONTRACT(EXHIBIT A) GB-STATE&LOCAL(505/507/660)(7/24/00)