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HomeMy WebLinkAboutAGMT - Sequel Contractors (SBB/Westminster Widening) ~+ PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: ~~~4~Wc~~~1Ch 2i~ 8t~' ~f ~,(~,di CN 907 ,' Recorded in Official Records, County of Orange Tom Daly, Clerk-Recorder IIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIIIIIIIIIIhiIIIIIIIIIIIIIIIIIIIINOFEE 200400015340511:55am 02127104 213 108 R28 3 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TITLE OF DOCUMENT: ~ - } /~~ ~ ~~ ~ t~Fj ~~ ~~ ~ 1 1~A° Pi `~ COMPLETION -PROJECT #49665 ~'~~~~ ~F SEAL BEACH BOIILEVARD/WESTMINSTER ft, AVENUE INTERSECTION. ~ ~ .~ t'; `b. , `0 L ~~ 1 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ~ ~C~ (Additional recording fee applies) ~Cb '0.059-TITLE PAGE (R7/95) r s A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #49665 THE SEAL BEACH BOULEVARD AND WESTMINSTER AVENUE INTERSECTION WIDENING ENTERED INTO BETWEEN CITY OF SEAL BEACH AND SEQUEL CONTRACTORS, INC. WHEREAS, on March 23, 2003 City of Seal Beach entered into a contract with Sequel Contractors, Inc. WHEREAS, the City Engineer has determined that the work has been substantially completed in accordance with the contract documents. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the work required to be performed by said Contractor has been completed. Section 2. That the total cost of said work is in the amount of $742,084.37. Section 3. That the work is hereby accepted and .approved. Section 4. It is further ordered that a "Notice of Completion", Exhibit A, be filed on behalf of the City in the Office of the Orange County Recorder within 10 days of the date of this resolution. PASSED, APPROVED AND ADO TED by the City Council oft City of Seal Beach at a meeting thereof held on the { day of 2004 by the following vote: RESOLUTION NUMBER J~o~Olp AYES: NOES: Councilmembers ABSENT: Councilmembers ~ f"' a~ May r A~ T: C' lerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 5S CITY OF SEAL BEACH ) I, Joanne M. Yeo, City Clerk of the City of Seal Beach, City Clerk, passed, approv d adopted by the on the .., day o~ do hereby certify that the Council of the City of Seal Beach at a meeting ...a ..ice, 2004. t I .' EXHIBIT "A" RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 8~' Street Seal Beach, CA 90740 Space of above this line for Recorder's use. *** No Recording Fee Pursuant to Gotiernment Code Section 6103,27383 **** NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. 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 Seal Beach 3. The address of the owner is: City of Seal Beach. 211 8`" Street. Seal Beach. CA 90740 4. The nature of the interest or estate of the owner is; In fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter describe as completed on March 23.2003. The work was: Seal Beach Boulevazd and Westminster Avenue Intersection Widenins Project No 49665. 6. The name of the contractor, if any, for such of improvement was: Sequel Contractors. Inc. The date of the Contract was: January 26.2004. 7. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: Seal Beach Boulevard and Westminster Avenue Intersection Widenine. Date: ~ ' ~O' b Signa a of owner or corporate officer of owner named in paragraph 2 or his agent. DEPUTY CITY ENGINEER VERIFICATION I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declaze under penalty of perjury the foregoing is true and correct. Executed on '2 ~ ~ ~ , 20 d Y, at Seal Beach, California. (Date of Signature) ---~, fir- Director of Pub is Works EXHIBIT "A" • a BOOK 11 OF :111 CONTRACT DOCUMENTS DOCUMENTS TO SUBMIT UPON AWARD: PUBLIC WORKS CONTRACT, PERFORMANCE BOND, PAYMENT BOND, INDEMNIFICATION AND HOLD HARMLESS, LABOR LAW REQUIREMENTS, ACKNOWLEDGEMENT OF LICENSE LAW, WORKMEN'S COMPENSATION CERTIFICATE, ADDITIONAL INSURED (COMPREHENSIVE, AUTO, EXCESS) FOR: SEAL BEACH BLVD/ WESTMINSTER AVE WIDENING { • . t K� �R,(]iti4S L Y 7' I `-; .F ��:. f'� .�- � .��'�'-""rte _ ... _^y'. -.•R.t_F��w_..-. -L a S1 V t v _ F Yy fx PROJECT 49665 These Contract Documents are the exclusive property of the Agency and shall not be used in any manner without prior consent of the Agency.Any reuse of these plans and specifications by Others shall be at Other's sole risk and without liability to the Agency. CITY OF SEAL BEACH - 211 EIGHTH STREET - SEAL BEACH, CA 90740-6379. - :1 • SEAL BEACH BLVD/WESTMINSTER AVENUE WIDENING PROJECT NO. 49665 For SEAL BEACH BLVD/WESTMINSTER AVENUE WI ENING, i e City of Seal Beach. THIS AGREEMENT, made and entered into this . day o 4 , 200,by and between the City of Seal Beach, California, hereinafter referred to as the "CITY," Party of the First Part, and n ... :. hereinafter designated as the"CONTRACTOR,"Party of the Second Part. WITNESSETH: That the Parties do hereto mutually agree as follows: ARTICLE I. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said CITY. the CONTRACTOR agrees with said CITY to SEAL BEACH BLVD/WESTMINSTER AVENUE WIDENING, and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the drawings and described in the Specifications and Contract Documents, therefore.to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore (except those materials expressly noted as to be furnished by the CITY), and to do everything required by this Agreement and the said Specifications, Drawings. and Contract Documents. ARTICLE II. For furnishing all said materials and labor, furnishing and removing all plant, temporary works or structures, tools and equipment and doing all the work contemplated and embraced in this Agreement, also for all loss and damage 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 said CITY, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work; except such as in the said Specifications are expressly stipulated to be borne by the said CITY and faithfully completing the work and the whole thereof, in the manner shown and described in the said Drawings, Specifications, and Contract Documents and in accordance with the requirements of the Engineer, said CITY will pay and the CONTRACTOR shall receive in full compensation, therefore, the unit prices and the lump sum prices named in the Schedule of Work Items of the Proposal. ARTICLE III. The CITY hereby promises and agrees with said CONTRACTOR to employ and does hereby employ said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same, at the time, in the manner and upon the conditions set forth in the Specifications and Contract Documents,and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE IV. The advertisement for Bids, the Proposal,the Specifications, and the Drawings mentioned therein, and all addenda issued by the CITY with respect to the foregoing prior to the opening of bids, are hereby incorporated in and made a part of this Agreement. ARTICLE V. The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made aVpart of this contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of proposal of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. ARTICLE\'I. By my signature hereunder, as CONTRACTOR,I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. II-2 • • • • • • IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year first above written. • CITY OF 5E ��EACH CALIFO Party of e First/ • t/ BY City Manag• ATTES : A C.• per BY SECtig.L .,TORS, k . CON ' :.FOR-Pad= e"econd Part • T- e s; .tee -:_.,.. V.P.&Secretary 13546 !MPERIAL H1A , Address SANTA FE SPRINGS, CALIF. 90670- • • • • • • • • • • II-3 • 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT e- .cc..4: -K= cG� Ic.s=4f=cS � '-coccacr..SScr G�cf,c.:,-,-:54xm.x5 ?4r &r. I State of California ss. h County of LOS ANGELES i On 0 7 20D3 , before me, MICHAi L A. iVIAH'_. '11. i�"OTAl Y PU UC i i Date Name and Title of Officer(e.g..'Jane Doe,Notary Public') I personally appeared 'i'1:4�?t.,.c ra. ') :c; r1°'?• &cecretar'y n Name(s)of Signer(s) <, personally known to me i✓ proved to me on the basis of satisfactory i evidence 1 i i to be the person(s) whose name(s) is/are subscribed to the within instrument and e acknowledged to me that he/she/they executed 9, "'y''''am'' the same in his/her/their authorized 9 i P51CF1,:l A �AHI�R i H c "y lar>:'r7 N. p ty( ) and that by his/her/their e i tY 0:-(e4.1:. ,41i N;JT..ttY PUBLIC-C.AUFOR•t A Ca aCl I @S , 9 t :f_T. LOSAroc;�LFSC:O'JNrY 2. signature(s)on the instrument the person(s), or $ �1y Ccr rr.. � r..y 13.2 5 - the entity upon behalf of which the person(s) y ii �'-` `Y`'"\a acted, executed the instrument. ;. I i ES in ha official seal. li 6 li e Raw Notary Seal Above Signature of Notary Public 2 Pl 9 e OPTIONAL 9 i Though the information below is not required by law,it may prove valuable to persons relying on the document $ i and could prevent fraudulent removal and reattachment of this form to another document. ■ '91 i Description of Attached Document Title or Type of Document: Document Date: Number of Pages: i i Signer(s)Other Than Named Above: a lI Capacity(ies) Claimed by Signer 1 Signer's Name: RIGHT THUMBPRINT t OF SIGNER 1 C Individual Top of thumb here • I i E Corporate Officer—Title(s): I ❑ Partner—❑ Limited ❑General .1 ❑ Attorney in Fact ❑ Trustee $1 0 Guardian or Conservator :i 91 i ❑ Other: .l i i Signer Is Representing: i y ®1997 National Notary Association•9350 De Soto Ave..P.O.Boa 2402•Chatsworth,CA 91313.2402 Prod.No.5907 Reorder.Call Toll-Free 1-800-876.6827 I . • Bond No. 8189-14-83 Premium: $ 3,293.00 - PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded Sequel Contractors, Inc. 13546 Imperial Highway Santa Fe Springs. CA 90670 (Name and address of Contractor) • ("Principal"),a contract(the"Contract")for the work described as follows: Seal Beach Blvd./Westminster Avenue Widening Prnjc -i- Nn_ 49665 WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful • performance of the Contract. . -• • NOW,THEREFORE,we,the undersigned Principal,and Federal Insurance Company 801 So. Figueroa Street Los AngeIPS, CA 90017 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and _ firmly bound unto the Public Agency in the penal sum of• Six hundred eighty six thousand V one hundred ten and 50/100 • Dollars ($ 686,110.50 ), this amount being not less than the .total - contract price, in 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, successors, and assigns,jointly-.:. • and severally,firmly by these presents. . • THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her • or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and • well and truly keep and perform all the undertakings,terms, covenants, conditions and agreements in the Contract and any alteration thereof made'as therein provided, on the Principal's part to be kept and performed,all within the time and in the manner therein specified,and in all respects according to their true • • intent and meaning,'and shall indemnify and hold harmless the Public Agency, its officers, agents, and . others as therein provided,then this obligation shall become null and void;otherwise,it shall be and remain.. • in full force and effect. • V V • In case suit is brought upon this bond,Surety further agrees to pay all court costs and reasonable attorneys': fees in an amount fixed by the court. • . FURTHER,the Surety,for value received,hereby stipulates.and agrees that no change,extension of time, . • • • alteration,addition or modification to the terms of the Contract,or of the work to be performed thereunder,• • . or the specifications for the same,shall in any way affect its obligations under this bond,and it does hereby • waive notice of any such change,extension of time,alteration,addition,or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of . California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all • rights of a party hereto. IN WITNESS WHEREOF, two(2) identical counterparts of this instrument, each • • II-4 • • of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and . Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated: April 7, 2003 - "Principal" "Surety" S=• el Contra tors Inc. _ Federal Insurance Company 13546 Imper%'t Highwa 801 So. Figueroa Street Santa F-_,, .rin.s_ •s 670 Los geles, CA 90017 B� - I lI', ��' By: 3 . Its '.'1 Th S. f�: '.'. f t �.ae ty Its( Douglas A. Rapp - If Attorney in Fact By: By: Its Its (Seal) (Seal) - Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be . attached. - • • • • • . II-5 . • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Zr�72 :::5-:`5.4r4lxvEr.:ti'^. v&x:.4':s•S:.r_SS::-xxx—`S:LC ?4'� -.Kxlcf:m:::r s.7,- .•_. `.s.r:.:''.,'5`.r...5..'!:-...r:!:..'!:;c-..2 c 1 c4 ' State of California ss. ,: County of I ()S ANGLL`E'S e APR 0 7 2003 MICHAEL A. MAHLER, NOTARY PI fFtY IC I On before me, i Date Name and Title of Officer(e.g..'Jane Doe.Notary Public') i personally appeared ThC:T:E"i S. r:.-,;`:., V. - n,`•rx,?^.,' tal'y 4 personally known to me i, i proved to me on the basis of satisfactory g i evidence i to be the person(s) whose name(s) is/are subscribed to the within instrument and ii acknowledged to me that he/she/they executed 1 li '.. ^.A d.�- the same in his/her/their authorized :i ,t '. •,, ' MCOMA A h�AHLER capacity(ies), and that by his/her/their 9 • ,!+ . CO14.N.#1304387 F, 1.. : �;)NOTARY PUBLIC-CALIFORNIA"p signature(s)on the instrument the person(s), or '9 t LOS ANGELES COUNTY e . �.°.•• t4r co�rxn,Exp.rt.713.2005 ,•, the entity upon behalf of which the person(s) i'�+*�• - acted, executed the instrument. . s I¢ s. li E •y han a icial seal. 9 Ii ® R Place Notary Seal Above Signature of Notary Public 2 C OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document ti and could prevent fraudulent removal and reattachment of this form to another document. )ict Description of Attached Document �1 ti Title or Type of Document: li Document Date: Number of Pages: I ti $' .ii Signer(s)Other Than Named Above: •I i Capacity(ies) Claimed by Signer • Signer's Name: RIGHT THUMBPRINT tS ❑ Individual OF SIGNER i Top of thumb here i ❑ Corporate Officer—Title(s): i ❑ Partner—❑ Limited ❑ General i ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 'i i ❑ Other: q Signer Is Representing: i c 1997 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth.CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1.800-876.8827 • S CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT cr..cfSCGce .c<•', .c?,,:etce'.C:tc‹,C<>4‹:c•.cP4.et iCSC:!.c SC<)Gr.Z,e -4...cf:c(t cC .c.‹..>C,cs,:v.c( ' tc‹,.G‹'.'a•�cetco.cew.oet eto.'Y' q 1 1 State of California ss. 1 County of ORANGE 1 �. On APR 0 7 2003 • , before me, CHRISTOPHER J. COATS, NOTARY PUBLIC Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public') ;5 personally appeared DOUGLAS A. RAPP g I� Name(s)of Signer(s) I , ® personally known to me 1 ❑ proved to me on the basis of satisfactory i evidence to be the person(s) whose name(s) is/are g subscribed to the within instrument and �.,r OFFICIAL SEAL acknowledged to me that he/she/they executed v, �•:* CHRISTOPHER J.COATS to g y f�'.� NOTARYPUBLIC-CALIFORNIA _ the same in his/her/their authorized O ;" . 9'.1 COMMISSION#•1267699 C I N ��: ORANGE COUNTY i capacity(ies), and that by his/her/their My Commission Exp.July 15,2004 signature(s) on the instrument the person(s), or 1. the entity upon behalf of which the person(s) acted, executed the instrument. I I. WITNESS my hand and official seal. 1 Place Notary Seal Above igna tire', rotary Public . I` I OPTIONAL 1 Though the information below is not required by law,it may prove valuable to persons relying on the document it and could prevent fraudulent removal and reattachment of this form to another document. it - Description of Attached Document I Title or Type of Document: I 'S I e Document Date: Number of Pages: I' . I Signer(s)Other Than Named Above: 1` li Capacity(ies) Claimed by Signer ,,I Signer's Name: RIGHT THUMBPRINT ?s Ii ❑ Individual OF SIGNER" ^ 4 IC Top of thumb here li ❑ Corporate Officer—Title(s): le ❑ Partner—❑ Limited ❑General 1 ❑ Attorney in Fact C. ❑ Trustee " ❑ Guardian or Conservator l� ❑ Other: I' L I¢ Signer Is Representing: x I Ic 95 01999 National Notary Association•9350 De Soto Ave.,P.D.Box 2402•Chatsworth,CA 91313.2402•www.na5onalnotaryorg Prod.No.5907 Reorder.Call Toll-Free 14800.876.8827 .. .. .IC Chubb P OWilk Federal Insurance Company Attn.:Surety Department • Surety OF Vigilant Insurance Company 15 Mountain View Road ATTORNEY Pacific indemnity Company Warren, NJ 07059 Know AN by These Presents,That FEDERAL INSURANCE COMPANY,an Indiana corporator,VIGILANT INSURANCE COMPANY, a New York corporation,and PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,do each hereby constitute and appoint Douglas A. Rapp and Linda D. Coats of Laguna Hills, California each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds(other than bail bonds)and undertakings given or executed in the course of its business(but not to include any instruments amending or altering the same,nor consents to the modification or alteration of any instrument referred to in said bonds or obligations). In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGLANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this th day of Feb r y, 1999 • 4.175.--,.._- Ile ii ( . -, .e_e_.,/, ryi B.R.• rts,Assistant Secretary ra E.Robertson ice �ident STATE OF NEW JERSEY 1 County of Somerset J�' on thus 24th day of February, 1999 before me,a Notary Public of New Jersey,personally came Sheryl B.Roberts, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney,and the said Sheryl B.Roberts being by me duly sworn,did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed"to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that she is acquainted with Frank E.Robertson,and knows him to be Vice President of said Companies;and that the signature of Frank E.Robertson,subscribed to said Power of Attorney is in the genuine handwriting of Frank E. Robertson,and was thereto subscribed by authority of said By-Laws and in deponent's presence. r'''oc'liatARY P.WA18M a� -7 4________.._.----- PUBLIC WNW No. ��� 4.....,Le Notary Public commission ss 4Y ', F NA 111,200 . X000 CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: 'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary,under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the following officers: Chairman,President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary and the seal of the Company may be affoced by facsimile to any power of attorney or to any certificate relating thereto appointing 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 with respect to any bond or undertaking to which it is attached." I,Sheryl B.Roberts,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the'Companies")do hereby certify that (i) the foregoing extract of the By-Laws of the Companies is true and correct, (ii) the Companies are duty kensed and authorized to transact suety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department further,Federal and Vigilant are icensed in Puerto Rico and the U.S.Virgin Islands,and Federal is ioensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and (iii) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Warren,NJ this 7th day of April, 2003 vo,y '�� 4y`°��vst,`4E A. icc= —t— Sheryl B.Roberts,Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety©chubb.com Farm 1510-0226 A(Ed.149) NON-CONSENT • • PAYMENT BOND Bond No. 8189-14-83 • (LABOR AND MATERIALS) Premium Included KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded to_Sequel Cont-ractnrs, 13546 Imperial Highway Santa Fe Springs, CA 90670 (Name and address of Contractor) • ("Principal"),a contract(the"Contract")for the work described as follows: Seal Beach Blvd_/Wpctmi natpr Avarn,e Widen i nlg Project No. 49665 WHEREAS,Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers,mechanics,materialmen,and other persons as provided by law. NOW,THEREFORE,we,the undersigned Principal,and Federal Insurance Company 801 So. Figueroa Street Los Angeles, CA 90017 • (Name and address of Surety) • ("Surety")a duly admitted surety insurer under the laws of the State of California;•as Surety,are held and • firmly bound unto the Public Agency in the penal sum of Six hundred eighty six thousand one hundred ten and 50/100 • Dollars ($ 686,110.50 - this amount being not less than fifty percent (50%) of the total contract price, in 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, successors, and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her • or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code,or any amounts due under the Unemployment . • Insurance Code with respect to work or labor performed under the Contract,or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an • amount not exceeding the penal sum specified in this bond;otherwise,this obligation shall become null and void. This bond shall insure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In • case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. • • FURTHER,the Surety,for value received,hereby stipulates and agrees that no change,extension of time, • alteration,addition or modification to the terms of the Contract,or of the work to be performed thereunder, or the specifications for the same,shall in any way affect its obligations under this bond,and it does hereby waive notice of any such change,extension of time,alteration,addition,or modification to the terms of the • Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of • California Civil Code§§2845 and 2849. I1-6 11) • IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. . Dated: April 7, 2003 "Principal' "Surety" S-• el Contractors Inc. Federal Insurance Company. 13546 Imperi? 'ghway - 801 So. Figueroa Street Santa Fe S •s ,70 Los Angeles, CA 90017 • B //%1���A� `i_ By: Q Its,"mug S. Pack, V.P. Scary 11 Its Do glas A. pp By: By: A;t o- rney in Fact . Its Its . . (Seal) (Seal) . Note: •This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be - attached. • • • 11_1 • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT y ::c<2.:5::G!.= '�ccf.�.�`f.w ,,xnc-c:c.,-c\f&-l: :4�r�.- -. ` yGr M`<ti 5:1'^.:1r`r:-fx-v:G'r4 ,,�.�-Kt:c.e �-rcc e.‹..o.-• tS 0 State of California 1 County of LOS ANGELES ss. x i . l i On APR 0 7 2003 before me, AilICHAEL A. A,�AHLER, NOTARY PUBLIC Date Name and Title of Officer(e.g..'Jana Doe,Notary Public") personally appeared Thomas S. Pack, i1.p. &Swe t�I i ��Name(s)of Signer(s) g, personally known to me li E proved to me on the basis of satisfactory 4 i evidence ti i to be the person(s) whose name(s) is/are ' subscribed to the within instrument and acknowledged to me that he/she/they executed Ate"A'."�-"'-^-", the same in his/her/their authorized i ••, i•,'.i*,cL K MAHLER : ;p1,.#1304387 capacity(ies), and that by his/her/their •i ` ,:,.....i•.'Y"'BLIC CALIFORNIA signature(s)on the instrument the person(s), or ' . . • , w.i A,4wdES couNTY IIA •cc•w2 Exp.May 13.2005 N' the entity upon behalf of which the person(s) ' l 9■' '"'Sr-`"`eS acted, executed the instrument. • i 5 S a d a 'dal seal. 2 ■ Place Notary Seal Above Signature of Notary Public $ i OPTIONAL i Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. 1 ti i Description of Attached Document i Title or Type of Document: I • i Document Date: Number of Pages: ti i Signer(s)Other Than Named Above: i Capacity(ies) Claimed by Signer 0 Signer's Name: RIGHT THUMBPRINT C Individual OF SIGNER i Top of thumb here ❑ Corporate Officer—Title(s): i ❑ Partner—❑ Limited C General ❑ Attorney in Fact . I ❑ Trustee ci ❑ Guardian or Conservator • i i ❑ Other: i •i Signer Is Representing: 'i ®1997 National Notary Association•9350 De Solo Ave..P.O.Box 2402•Chatsworth.CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 14800-876-8827 0 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r!C6C<Cn<tC4`.C(G(C4',C`.Ge'•C<G(G('•CetC4 nC GnC. 0 Ce1C(G<'•C G<s.G< Ce C' C4 G('.C!Ge COC••G,COC Ct c• < ..c-r.0.. 1I State of California 1 ss. 1 County of ORANGE P li On APR 0 7 2003 , before me, CHRISTOPHER J. COATS, NOTARY PUBLIC Date Name and Title of Officer(e.g.,"Jane Doe.Notary Public) 's 1 DOUGLAS A. RAPP 1 personally appeared Name(s)of Signer(s) ®personally known to me 3 1 ❑ proved to me on the basis of satisfactory I: evidence 1 to be the person(s) whose name(s) is/are ' subscribed to the within instrument and PI OFFICIAL SEAL ; acknowledged to me that he/she/they executed r ,, CHRISTOPHER J.COATS CO the same in his/her/their authorized 1 �Ivc. NOTARYPUBLIC-CALIFORNIA _� COMMISSION#1267699 C capacity(ies), and that by his/her/their 4 N ORANGE COUNTY •d signature(s)natures on the instrument the person(s), or VMy Commission Exp.July 15,2004 p g ( ) 1. _ _ _ _ t the entity upon behalf of which the person(s) acted, executed the instrument. 1 WITNESS my h-n• and official seal. 3 I s // 3 Place Notary Seal Above Sig :fr f Notary Public 4 OPTIONAL 1 Though the information below is not required by law,it may prove valuable to persons relying on the document It and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document it 1 Title or Type of Document: I% $ 1' Document Date: Number of Pages: 1k �∎ Signer(s)Other Than Named Above: I% 1e Capacity(ies) Claimed by Signer 11�,I R Signer's Name: RIGHT THUMBPRINT )s OF SIGNER �¢ ❑ Individual Top of thumb here 11 �� ❑ Corporate Officer—Title(s): it ❑ Partner—❑Limited ❑General 1c ❑ Attorney in Fact 14 ❑ Trustee 11 �i ❑ Guardian or Conservator it ❑ Other: 1' it Signer Is Representing: ,4 1 t 'S 1.' S .c.' ;'c.co. .cycvocc �.cc. ;,c^0c.“..xc9u.4..c;,:,—Qc,ec^c.c.r ovoc..c^e<.�%c7e4;,ecot,^ct: 9c4;�c: 9e4-ove.co: .'o:'�:.c9oe� _ O 1999 National Notary Association•9350 Da Soto Ave.,P.O.Box 2402•Chatsworth.CA 91313-2402•www.natlonalnotary org Prod.No.5907 Reorder.Call Toll-Floe 1.800.876-6827 ICChubb POWft Federal insurance Company Attn.: Surety Department Surety OF Vigilant Insurance Company 15 Mountain View Road ATTORNEY Pacific indemnity Company Warren, NJ 07059 Know NI by These Presents,That FEDERAL INSURANCE COMPANY,an Indana corporation,VIGILANT INSURANCE COMPANY, a New York corporation,and PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,do each hereby constitute and appoint Douglas A. Rapp and Linda D. Coats of Laguna Hills, California each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds(other than bail bonds)and undertakings given or executed in the course of its business(but not to include any instruments amending or altering the same,nor consents to the modification or alteration of any instrument referred to in said bonds or obligations). In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGLANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this th day of Febr v. 1999 4.4-29--,.......... (121.w,/ 0,-.1e-, ec:_e_e__:/,ryl B.Roberts,Assistant Secretary /� ry ra E.Robertson,Qice�r ' � ,ident STATE OF NEW JERSEY 1 County of Somerset ss. On this 24th day of February, 1999 before me,a Notary Public of New Jersey,personally came Sheryl B.Roberts, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney,and the said Sheryl B.Roberts being by me duly sworn,did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed-to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that she is acquainted with Frank E.Robertson,and knows him to be Vice President of said Companies;and that the signature of Frank E.Robertson,subscribed to said Power of Attorney is in the genuine handwriting of Frank E. Robertson,and was thereto subscribed by authority of said By-Laws and in deponent's presence. d F f. ,•mo _''''• teTARY' '' VENCEPMAUDI ./94''''°°.------------ vuinuc Mtllely Pte' Note Public aa/�pr916,>i ry 44;;;„00. CERTIFICATION k•"•.u.FlMA+ Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: 'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary,under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the following officers: Chairman,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 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 with respect to any bond or undertaking to which it is attached.' I,Sheryl B.Roberts,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the'Companies')do hereby certify that (i) the foregoing extract of the By-Laws of the Companies is true and correct, (ii) the Companies are duly ioensed and authored to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treastay Department;further,Federal and Vigilant are icensed in Puerto Rico and the U.S.Virgin Islands,and Federal is icensed'n American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and (iii) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Warren,NJ this 7th day of April, 2003 ((r, >° u I �, j4 \`°> - 'C cpc-,/ A fc Le c. 13 Sheryl B.Roberts,Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety @chubb.com Fern 15-100226 A(Ed.140) NON-CONSENT • S INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION SEAL BEACH BLVD/WESTMINSTER AVENUE WIDENING,PROJECT NO.49665 Indemnitor(s)(list all names): SEQUEL i;;,. I CRS, INC. • To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify,and hold harmless the City of Seal Beach and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers,agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement, license, or permit (the "Agreement") or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code§2782(a)or(b)the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor,on behalf of itself and all parties claiming under or through it; hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims,losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior,concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. S ;Q +;a_ 4 SRS, INC. "Indemnitor" - Name AOIP Name: pm • . ,�/// / By: lam/I Its ' Its omas S. P•:ck, 4;zz,z.ary • II-8 • • AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code§§ 1720,1773.8, 1775, 1776,1777.5,1813,1860, 1861,3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the Following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency("Agency") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall,as a penalty to the Agency,forfeit not more than fifty dollars($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records.The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, • forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2,Part 7,Chapter 1,Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861,Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to underr e self-insurance in accordance with the provisions of that code, and I will comply with such provisio r ore commep ing the performance of the work of this contract." SEQU NT R -�, 5D H\ Date Signal � r %/1 APR 0 7 o 'as S. -ac , V.P. &Secretary • II-9 O • STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business&Professions Code§ 7028.15] [Public Contract Code§20103.5] I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below: Business&Professions Code§7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefor, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted.on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months,or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to,or any purchase order issued to,a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within I1-10 • • three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. • Public Contract Code§ 20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However,at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre-qualification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security o e bidder. License no.: 610600A Class: Ex iratio, te: SEQ _'•,�- NTR' ' a, INC. APR 0 7 2003 % i %�� Date Signatu - /PliAl #,��■ a . a. PLC,.., & *a etary 1111 • • INSURANCE REQUIREMENTS FOR CITY OF SEAL BEACH PUBLIC WORKS CONTRACT LIABILITY INSURANCE The Contractor shall at all times during the terms of the Contract carry, maintain,and keep in full force and effect a policy or policies of comprehensive general liability insurance in which the City, along with its City Council and each member thereof, and every officer, official, agent, attorney, employee or volunteer of the City, is the named insured or is named as an additional insured with the Contractor in accordance with Section 7-3 of the Standard Specifications. The insurance company issuing such policy(ies) must be acceptable to, and approved by, the City Engineer and City Attorney. Contractor 'shall maintain limits of no less than One Million Dollars ($1,000,000) combined single limit coverage per occurrence for personal injury or death or property loss or damage which may arise from or relate directly or indirectly to the acts, operations or omissions of the performance of the Contractor and/or its subcontractors and/or the employees, agents, officers, officials or volunteers of either, in the performance of this Public Works Contract. Such insurance shall include coverage for all automobiles utilized by Contractor's or any subcontractor's employees or agents in the performance of the Contract. Contractor shall also provide an endorsement in substantially the form set forth below. ENDORSEMENT IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF SEAL BEACH, ITS CITY COUNCIL AND EACH MEMBER THEREOF, AND EVERY OFFICER, OFFICIAL. AGENT, EMPLOYEE OR VOLUNTEER OF CITY SHALL BE NAMED AS JOINTLY AND SEVERALLY INSURED AS RESPECTS CLAIMS ARISING OUT OF THE FOLLOWING PROJECT: SEAL BEACH BLVD/WESTMINSTER AVENUE WIDENING,PROJECT NO.49665 IT IS FURTHER AGREED THAT THE FOLLOWING INDEMNITY AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND THE NAMED INSURED IS COVERED UNDER THE POLICY: CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS CITY COUNCIL AND EACH MEMBER THEREOF AND EVERY OFFICER, OFFICIAL, EMPLOYEE, ATTORNEYS, AGENT, AND VOLUNTEER OF CITY FROM AND AGAINST ANY AND ALL LIABILITY OR FINANCIAL LOSS RESULTING FROM ANY SUITS, CLAIMS, LOSSES OR ACTIONS BROUGHT AGAINST, AND FROM ALL COSTS AND EXPENSES OF LITIGATION BROUGHT AGAINST, CITY, ITS CITY COUNCIL AND ANY MEMBER THEREOF, AND ANY OFFICER, OFFICIAL, EMPLOYEE, AGENT, ATTORNEY OR VOLUNTEER OF CITY WHICH RESULTS, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY WRONGFUL OR NEGLIGENT ACT OR OMISSION OF CONTRACTOR OR ANY SUBCONTRACTOR, OR AN OFFICER,EMPLOYEE OR AGENT OF EITHER,OR ANYONE FOR WHOSE ACTS ANY OF THESE MAY BE LIABLE, WHILE ENGAGED IN THE PERFORMANCE OF THIS CONTRACT, EXCEPT WHERE SUCH LIABILITY OR LOSS IS SOLEY CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY. THE INSURANCE COVERAGE SHALL APPLY SEPARATELY TO EACH INSURED AGAINST WHOM A CLAIM IS MADE OR SUIT IS BROUGHT, EXCEPT THAT THE INCLUSION OF MORE THAN ONE INSURED SHALL NOT OPERATE TO INCREASE THE LIMITS OF THE COMPANY'S LIABILITY. THE INSURANCE COVERAGE SHALL NOT BE SUSPENDED, VOIDED, CANCELED; REDUCED IN COVERAGE OR IN LIMITS,OR OTHERWISE MATERIALLY CHANGED,UNLESS THIRTY (30) DAYS ADVANCE WRITTEN NOTICE BY CERTIFIED MAIL/RETURN RECEIPT REQUESTED HAS BEEN GIVEN TO THE CITY. THE INSURANCE COVERAGE PROVIDED BY CONTRACTOR AS SET FORTH HEREIN SHALL BE PRIMARY INSURANCE WITH RESPECT TO THE CITY. ITS CITY COUNCIL AND ANY MEMBER THEREOF, AND ITS OFFICERS, OFFICIALS, ATTORNEYS, AGENTS, EMPLOYEES 11-12 • AND VOLUNTEERS. ANY INSURANCE OR SELF-INSURANCE MAINTAINED BY THE CITY,ITS CITY COUNCIL OR ANY MEMBER THEREOF, OR ITS OFFICERS, OFFICIALS, ATTORNEYS, AGENTS, EMPLOYEES AND VOLUNTEERS SHALL BE IN EXCESS OF THE CONTRACTOR'S INSURANCE AND SHALL NOT CONTRIBUTE WITH IT. INSURER WAIVES ANY RIGHT OF CONTRIBUTION WITH SUCH OTHER INSURANCE WHICH MAY BE AVAILABLE TO THE CITY. INSURER WAIVES ALL RIGHTS OF SUBROGATION FOR LOSSES AGAINST THE CITY, ITS CITY COUNCIL OR ANY MEMBER THEREOF OR ITS OFFICERS, OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEER II-13 • 0 Page Intentionally Left Blank II-14 'Aer-01-2003 18:26 From- • • T-088 P.005/011 F-957 WORKER'S COMPENSATION CERTIFICATE OF INSURANCE . WHEREAS,the CITY OF SEAL BEACH has required certain insurance to be provided by 1 Sequel Contractors, Inc. 13546 Imperial Blvd. , Santa Fe Springs, CA 90670 NOW THEREFORE,the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time. I. This certificate is issued to: CITY OF SEAL.BEACH, City Hall,211 EIGHTH STREET, SEAL BEACH,CA 90740-6379. 2. The insureds under such policy or policies arc: 3. Workers Compensation Policy or Policies in a form approved by the Insurance Commissioner of • California covering all operations of the named insureds,as follows: ' EXPIRATION DATE POIICY.NUIuiSF.R :EFfECTIVE£DA'�'E . 3280438 • ' 10/1/02` '•.::,`".1''' •.• :.:,..•' -::-- 1.071.703 ' " • • . . . • . e .,,,r e ..:y • • t.;; : ; •.,:: ..�. f IiabiIiry . 4 '`' Said policy or-policies'siiall i bebe c lod,i oided`or seduced iii coverage br limits o , - unless and until thirty days' advance written-notice thereof has been served upon the City Clerk of the• CITY OF_SEALBEACH. • ••- ;: • • .• . -• •• g John Garrett •IA.';,/i •l f f /, • Its Author ized.Represeorative 7 .•. •' • • ..-.: •. • - . . • II-15 • BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT • This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 10/01/2002 forms a part of Policy No. WC 328-04-38 Issued to SEQUEL CONTRACTORS, INC. (A CORP.) By COMMERCE AND INDUSTRY INSURANCE COMPANY We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be % of the total estimated workers compensation premium for this policy. • ! WC 04 03 61 Countersigned by ' (Ed. 11-90) / Authorized Representative Apr-01-2003 18:26 From- • T-088 P.008/011 F-957 4 , ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Sequel Contractors, Inc 13546 Imperial Blvd Santa Fe Spring$ A 9 .67n Name and address of named insured("Named Insured"): St. Paul Fire & Marine Insurance Compan / c/o Garrett—Mosier Insurance Services, Inc. Name and address of Insurance Company("Company"): SEAL BEACH BLVD/WESTMINSTER AVENUE WIDENLNG,PROJECT NO.49665 Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the"Policy")or in any endorsement now or hereafter attached thereto.it is weed as follows: 1. The City of Seal Beach, its elected officials,officers, attorneys. agents,employees,and volunteers are additional insureds(the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured.. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance,,, and no other insurance maintained by the Additional Insureds shall be called upon to contn'bute with :: the insurance coverages provided by the Policy. . 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. - • 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured.: under the policy against another insured under the policy. All such claims'shall covered as third patty claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing','• contained in this provision shall operate to increase or replicate the Company's.limits of liability as • provided under the policy. ' •. <. 5. The insurance afforded by the. Policy for contractual liability insurance (subject to the terms,-' conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s)or peravt(s)designated above,between the Named Insured . and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage,reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail,return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent,or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construct ion,interpretation,and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: Director of Public Works City of Seal Beach 211 8th Street Seal Beach CA 90740 II-16 Apr.01-2003 18:26 From- • • 1-088 P.007/011 F-957 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive. alter or extend any of the limits.agreements. or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY General Liability 10/1/02-03 1,000,000 / 2,000,000 Occurrence / Aggregate 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: Contractual Liability d Explosion Hazard 0 Owners/l lords/fenants Collapse Hazard I2 Manufacturers/Contractors k Underground Property Damage la Products/Completed 0 Pollution Liability• Broad Form Property Aataage L'tgnor Liability •• • • • o'Fattendeasodizy�l�5►.. ' . • ._� . . . - -- -. •• _ .... - . - . :•ti: 0 Broad Form Compreh -' " ••••••:.'•• _ • erosive �0 - ,.. ❑'•General Liability Endorses - • 0 ' 12: •AxEkdedut*b1e or'0 selfinsared•.iet ntioa (check one)'`of=$ -_ono • . .' applies to all coverage(s)extpt X1522? :`'= . .• :••••:: - . •• • =;. • . •••:- (if none,so state). The deductible is applicable 0 per claim orla°per occ it nee(*etc.'.r one). 15. •• This is arKEINxeurrence or Cl claims made policy(check one). • -:•i• 14. This endorsement is effective on, 4/7/D 3 at 12:01 A.M.and forms apart of Policy Number KKO 610 01 71 , • • John Garrett - • _(print name),hereby declare under penalty of perjury under the laws of the State of California,that I have the authority to bind the Company to this endorsement and that by my execution hereof.I do so bind the Company. • • Executed Aril 7 .20 03 7 ,g1d1,1 '•/_M-4/1.,-,1117/7 Sio 'ture'of Authorized Representative r (Original signature only; no facsimile signature or initialed signature accepted) Phone No. ( 714) 508-1450 • 11-17 Apr-D1-2003 18:27 From- • • T-088 P.008/011 F-957 • ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Sequel Contractors Inc. 135 • Ira.- t • Name and address of named insured("Named Insured'): St. Paul Fire & Marine Insurance Compan / c/o Garrett-Mosier Insurance Services, Inc. Name and address of Insurance Company("Company"): SEAL BEACH BLVD/WESTMINSTER AVENUE WIDENING,PROJECT NO.49665 • Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the-Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows: • The City of Seal Beach. its elected officials. officers, attorneys. agents. employees. and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. I. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance,: and no other insurance maintained by the Additional Insureds shall be called upon to contribute with:-• the insurance coverages provided by the Policy. 2. Each insurance coverage under the Policy shall apply separately to each Additional Insured against; .. •• whom claim is made or suit is brought except with respect to the limits of the Company's liability... -{ : •• 3. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one.insured'- -. under the policy against another insured under the policy. All such claims shall covered as third-patty ;• mama separate policies had been issued to each insured_ :Nothing::::: claims, i.e., it the same as litate the Company's limits•of liabe�cy:;as- contained in this provision shall operate.to inQease •- provided under the policy.• . . • •liability insurance (subject to the -�,:-`-` . . 4. The insuran a afforded by the Policy for contractual tY the Named : - conditions and exclusions applicable to such insurance) includes liability assumed by _ Insured under the indemnification andlor. hold harmless provisions) contained or•executed in;,= .• conjunction with the written agreement(s) or permit(s)designated above,between the Named Insured and the Additional Insureds. 5. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage,reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested,not less than thirty . . • (30) days prior to the effective date thereto. In the event of Company's failure to comply with this • notice provision,the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 6. Company hereby waives all rights of subrogation and Contribution against the Additional Insureds, while acting within the scope of their duties, from all claims. losses and liabilities arising out of or • incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent,or subsequent active or passive negligence by the Additional Insureds. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction,interpretation. and enforcement of this contract of insurance. This endorsement and all notices given hereunder shall be sent to Public Agency at: Director of Public Works City of Seal Beach 211 8th Street Seal Beach CA 90740 II-18 • Air-0l-2003 18:27 From- • • T-088 P.009/011 F-957 • 1. Except as stated above and not in conflict with this endorsement. nothing contained herein shall be held to waive. alter or extend any of the limits, agreements. or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY TO PERIOD LIABILITY LIMITS OF THIS ENDORSEMENT ATTACHES Automobile Liability 10/1/02-03 1,000,000 CSL Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: Cpl Any Automobiles 0 Truckers Coverage ❑ All Owned Automobiles ❑ Motor Carrier Act 3 Non-owned Automobiles 0 Bus Regulatory Reform Act Hired Automobiles 0 Public Lively Coverage. . . overage .•❑ Scheduled Automobiles _ ❑ • - •0 Garage Co •• . • _ ......,•• e•:... • -m`2..;:500'' •• •lies m a1T• 11. A. 0 deductible or ❑ self-insured•retention'(check ore) of S aPP coverage(s)except Auto Liability only : . le 0 per dsim eta (check one).• (if none,so crate). The u)edncablu is'applicab P.:reel en : . '='" 12. This is ani0Coccurre ce or 0 claims made policy(check one)- 13. This eadozsemeiu is•effective'. 4/7/03�'' at 12:01 A.M.'and forms a part of • Policy Numer b KIZ06100121 ry ••• I, John Garrett . . . - - (print name), hereby declare under penalty of Perjury under the laws of the State of California,that I have the authority to' bind the Company to this endorsement and that,by my execution hereof,I do so bind the Company. . .•• Executed April" 7, 7 .. . ' ' • ,20 0.3' i ( Signe eof Auth rcopresentanve (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: (714 ) 508-1450 • 1I-19 �I ACORDn CERTIFICA OF LIABILITY INSUIFSNCE 04/02/2003 ?RODUCER (714)508-1450 FAX (714)508-1455 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Yarrett/Mosier Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 17291 Irvine Blvd. , Suite 104 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tustin, CA 92780 Kelly Tenney INSURERS AFFORDING COVERAGE INSURED Sequel Contractors, Inc. INSURERA: St. Paul Fire & Marine Ins. 13546 Imperial Blvd. INSURER B: Great American Ins Co of NY Santa Fe Springs, CA 90670 INSURERC: Great American Insurance Company Fax: 562 802-7499 INSURER D: Commerce & Industry/AIG Attln: Christopher Warren-Smith INSURER E: COVERAGES ' 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 POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MDD/YY) DATE(MM/DD/YY) • GENERAL LIABILITY KK06100121 10/01/2002 10/01/2003 EACH OCCURRENCE $ 1,000,000 . X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ 100,000 ICLAIMS MADE © OCCUR MED EXP(My one person) $ 5,000 A X $5000 Dedt BI/PD PERSONAL&ADV INJURY $ 1,000,000 — GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 —1 POLICY n JE n LOC AUTOMOBILE LIABILITY KK06100121 10/01/2002 10/01/2003 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ A X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ .R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY TUE5950099 10/01/2002 10/01/2003 EACH OCCURRENCE $ 5,000,000 OCCUR n CLAIMS MADE AGGREGATE $ 5,000,000 C $ DEDUCTIBLE _ $ _ X RETENTION $ 0 $ WORKERS COMPENSATION AND 3280438 10/01/2002 10/01/2003 X I TORY LIMITS I rER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ 1,000,000 D E.L.DISEASE-EA EMPLOYEE $ 1,000,000 E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER MAC1747483 10/01/2002 10/01/2003 $ 100,000 Limit - ACV • Rented/Leased B Equipment $ 5,000 Deductible DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Seal Beach Blvd./Westminister Avenue Widening-Project 49665. City of Seal Beach, its City Council , and each member thereof, its officers, officials, agents, attorneys, employees and volunteers are named -- as additional insured for general liability with severability of interest, primary/non-contributory Hording, & waiver of subrogation per City of Seal Beach forms. *10 day notice of cancellation for non payment of premium. CERTIFICATE HOLDER I I ADDITIONAL INSURED;INSURER LETTER:_ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL 16 C`X MAIL City of Seal Beach *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Director of Public Works KiXeaXXXXXXXXXXXXXDOtXXXXXVdtXXXXXAMXIMMOOKYrXXX 211 Eighth Street lakRFXi1iJW(MXX 1( 04XXrIXXXXXXXXX Seal Beach, CA 90740-6379 AUTHORIZED REPRESENTATIVE i J/ • John Garrett/KRT . 1i '1 77't ! ACORD 25-S(7/97) (iii "' ` - ©ACORD CORPORATION 1988