HomeMy WebLinkAboutAGMT - Sequel Contractors (SBB Street Widening) 90
Recorded in Official Records, Orange County
RECORDING REQUESTED BY Tom IDaly, Clerk-Recorder
AND WHEN RECORDED MAIL TO IIIII II �4I5 HI IIII NO FEE
CITY OF SEAL BEACH 2012000397822 9:58 am 07113112
Attn: City Clerk 90 414 N12 1
y 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
211 - 8th Street
Seal Beach, CA 90740
Space of above this line for Recorder's use.
*** No Recording Fee Pursuant to Government Code Section 6103, 27383 ****
NOTICE OF COMPLETION
IT
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. 1 P
Notice is hereby given that: e
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: 211 –8th 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 is described as substantially completed on
June 26, 2012. The work was Seal Beach Boulevard Project. No. 49750.
6. The name of the contractor(s), if any, for such improvement was: Sequel Contractors, Inc.
The date of the Contract Award was February 28,2011.
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
from S Cloud to North Gate Road.
Date: 7 I/l Z .Z
fie i0) 1,''' /
Director of Public Works, City of -al Beach
Signature of owner or corporate •fficer of owner
named in paragraph 2 or agent.
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 declare under pens ty of perjury the foregoing is true and correct.
Executed on 7 /In— , 2012, at Seal Beach, Californi-
(Date of Signature) / if ___?:..
Director of Public Works, City of,:eal Beach
AMENDMENT TO PUBLIC WORKS AGREEMENT
FOR
SEAL BEACH BOULEVARD STREET WIDENING
PROJECT CIP NO. 49750
between
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02,,E
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'OUNTy,' -
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Sequel Contractors, Inc.
13546 Imperial Hwy.
Santa Fe Springs, CA 90670
(562) 802-7277
(562) 802-7499 - FAX
THIS AMENDMENT is made as of July 09, 2012, by and between the City of Seal
Beach, a California charter city ("City"), and Seauel Contractors. Inc., a General
Contractor (°Contractor").
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RECITALS
A. WHEREAS, the City Council approved the plans and specifications for the
Seal Beach Boulevard Street Widening Project, CIP No. 49750 ("Project") with respect
to design criteria;
B. WHEREAS, Contractor has submitted a bid to City for the Project dated
February 8, 2011 in the amount of $1,392,567.60 for Seal Beach Boulevard Street
Widening Project, CIP No. 49750;
AGREEMENT
NOW, THEREFORE, in consideration of performance by the parties of the
mutual promises, covenants, and conditions herein contained, the parties hereto agree
as follows:
1. Section 3 (Payment) of the February 28, 2011 Agreement is hereby
amended to read as follows:
3. Payment. For performing and completing the Work in accordance with the
Contract Documents, City shall pay Contractor, in full compensation therefor, the
amount of $1,487,122.53, subject to any additions and deletions pursuant to the
terms of the Contract Documents. Said sum shall constitute payment in full for
all work performed hereunder, including, without limitation, all labor, materials,
equipment, tools and services used or incorporated in the Work, supervision,
administration, overhead, expenses and any and all other things required,
furnished or incurred for completion of the Work as specified in the Contract
Documents. City shall make payments to Contractor on account of the contract
sum at the time, in the manner, and upon the conditions specified in the Contract
Documents.
IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Amendment as of the date first written
above.
2 of 3
CITY OF SEAL BEACH CONTRACTO'
By: , fI ' 4
Jill . gram, City Ma r
Name: 179ir64d�. 'Gi;k
Attest:
By: 1,44:bly Title: President
Linda Devine, City Clerk
Name:
Approved as to Form:
Title:
By:
uinn M. Barrow, City Attorney
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PUBLIC WORKS AGREEMENT
FOR SEAL BEACH BOULEVARD STREET WIDENING
CIP NO. 49750
between
SEAI
1i ,'PUR .- F q'
'..
9 '• 0� .
Ca` � c
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Sequel Contractors, Inc.
13546 Imperial Hwy.
Santa Fe Springs, CA 90670
(562) 802 -7277
(562) 802 -7499 - FAX
THIS AGREEMENT is made as of February 28, 2011, by and between the City of Seal
Beach, a California charter city ( "City "), and Sequel Contractors, Inc., a General
Contractor ( "Contractor ").
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• •
RECITALS
A. WHEREAS, the City Council has approved the plans and specifications for
the Seal Beach Blvd. Street Widening CIP No. 49750 ( "Project ") with respect to design
criteria; and
B. WHEREAS, Contractor has submitted a bid to City for the Project dated
February 8, 2011 in the amount of $1,392,567.60 ( "Accepted Proposal" hereinafter).
The Accepted Proposal is attached hereto as Exhibit G and contains, among other
things, provisions defining the Project scope.
NOW, THEREFORE, in consideration of performance by the parties of the
mutual promises, covenants, and conditions herein contained, the parties hereto agree
as follows:
AGREEMENT
1. Contractor's Services.
1.1 Scope and Level of Services. For and in consideration of the
mutual promises set forth herein, and subject to the terms and conditions set forth in
this Agreement, Contractor shall perform and complete in good and workmanlike
manner all work ( "Work ") required by this Agreement and the documents listed in
Subsection 1.2 for the Project.
1.2 Contract Documents. The "Contract Documents" that comprise the
agreement between the City and the Contractor are the: Notice Inviting Bids,
Instructions to Bidders, Accepted Proposal, Non - Collusion Affidavit, Bid Schedule(s),
List of Subcontractors, Contractor's Industrial Safety Record, Contractor's Qualification
Statement, Bid Security Forms for Check or Bond, Specifications, General and Special
Provisions and documents referenced therein, all addenda as prepared prior to the date
of bid opening setting forth any modifications or interpretations of any of said
documents, this Agreement, Exhibits attached to this Agreement, including but not
limited to the Performance Bond (Exhibit A), Payment Bond (Exhibit B), Workers'
Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D),
Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws
(Exhibit E), Labor Law Requirements (Exhibit F), Accepted Proposal (Exhibit G) and any
and all supplemental agreements executed amending or extending the Work
contemplated and that may be required to complete the Work in a substantial and
acceptable manner. These Contract Documents are hereby incorporated into this
Agreement.
1.3 The Work shall be performed in accordance with the Plans,
Specifications and other Contract Documents. Contractor shall furnish at its own
expense all labor, materials, equipment and services necessary therefor, except such
labor, materials, equipment and services as are specified in the Contract Documents to
be furnished by City.
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1.4 In the event of any material discrepancy between the express
provisions of this Agreement and the provisions of the other Contract Documents, the
provisions of this Agreement shall prevail.
2. Effective Date. This Agreement is effective as of February 28, 2011 (the
"Effective Date "), and shall remain in full force and effect until Contractor has rendered
the services required by this Agreement.
3. Payment. For performing and completing the Work in accordance with the
Contract Documents, City shall pay Contractor, in full compensation therefor, the
amount of $1,392,567.60, subject to any additions and deletions pursuant to the terms
of the Contract Documents. Said sum shall constitute payment in full for all work
performed hereunder, including, without limitation, all labor, materials, equipment, tools
and services used or incorporated in the Work, supervision, administration, overhead,
expenses and any and all other things required, furnished or incurred for completion of
the Work as specified in the Contract Documents. City shall make payments to
Contractor on account of the contract sum at the time, in the manner, and upon the
conditions specified in the Contract Documents.
4. Contractor's Personnel.
4.1 All Work shall be performed by Contractor or under Contractor's
direct supervision, and all personnel shall possess the qualifications, permits, and
licenses required by state and local law and by the Notice Inviting Bids /Instructions to
Bidders to perform such Services, including, without limitation, a City of Seal Beach
business license as required by the Seal Beach Municipal Code.
4.2 Contractor shall be responsible for payment of all employees'
wages and benefits, and shall comply with all requirements pertaining to employer's
liability, workers' compensation, unemployment insurance, and Social Security.
Contractor shall fully comply with the workers' compensation law regarding Contractor
and Contractor's employees.
4.3 Contractor shall indemnify and hold harmless City and its elected
officials, officers, employees, servants, designated volunteers, and agents serving as
independent contractors in the role of city officials, from any and all liabilities, damages,
claims, costs and expenses of any nature to the extent arising from Contractor's alleged
violations of personnel practices.
4.4 Contractor is, and shall at all times remain as to City, a wholly
independent contractor. Contractor shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its
agents shall have control over the conduct of Contractor or any of Contractor's
employees, except as set forth in this Agreement. Contractor shall not, at any time, or
in any manner, represent that it or any of its officers, agents, or employees are in any
manner employees of City. Contractor shall pay all required taxes on amounts paid to
Contractor under this Agreement, and indemnify and hold City harmless from any and
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• •
all taxes, assessments, penalties, and interest asserted against City by reason of the
work performed pursuant to this Agreement.
4.5 City shall have the right to offset against the amount of any fees
due to Contractor under this Agreement any amount due to City from Contractor as a
result of Contractor's failure to promptly pay to City any reimbursement or
indemnification arising under this Section 4.
5. Indemnification.
5.1 Contractor's Duty. Contractor shall defend, indemnify, and hold the
City, its elected officials, officers, employees, volunteers, agents, and those City agents
serving as independent contractors in the role of City officials (collectively
"Indemnitees ") free and harmless from and against any and all claims (including, without
limitation, claims for bodily injury, death or damage to property), demands, obligations,
damages, actions, causes of action, suits, losses, bid protests, stop notices, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a "Claim," collectively, "Claims "), in any manner arising out of or incident to the
performance of the Agreement, including without limitation, the payment of all
consequential damages and attorneys' fees and other related costs and expenses.
Further, Contractor shall appoint competent defense counsel, at Contractor's own cost,
expense and risk, to defend any and all such suits, actions or other legal proceedings of
every kind arising out of or incident to the performance of the Agreement that may be
brought or instituted against Indemnitees. Contractor shall pay and satisfy any
judgment, award or decree that may be rendered against City or the other Indemnitees
in any such suit, action, or other legal proceeding arising out of or incident to the
performance of the Agreement. Contractor shall reimburse the City and the other
Indemnitees, for any and all legal expenses and costs incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. Contractor's
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
Contractor or Indemnitees. This indemnity shall apply to all Claims and liability
regardless of whether any insurance policies are applicable.
5.2 Bid Protests. In addition to its obligations pursuant to Section 5.1,
Contractor shall reimburse the City for all attorneys' fees and costs incurred by City in
connection with, arising out of or incident to any bid protest.
5.3 City's Sole Negligence. Nothing in Section 5.1 shall be construed
to require Contractor to indemnify Indemnitees for that portion of any Claim to the extent
arising from the sole negligence or willful misconduct of the Indemnitees.
5.4 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any
rights that they may possess against Contractor because of the acceptance by City, or
the deposit with City, of any insurance policy or certificate required pursuant to this
Agreement.
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5.5 Waiver of Right of Subrogation. Contractor, on behalf of itself and
all parties claiming under or through it, hereby waives all rights of subrogation 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.
5.6 Survival. The provisions of this Section 5 shall survive the
termination of the Agreement and are in addition to any other rights or remedies that
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 a Contractor shall be conclusive in favor of the Indemnitee's right to
recover under this indemnity provision.
6. Insurance.
6.1 Liability Insurance. Contractor shall procure and maintain in full
force and effect for the duration of this Agreement insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the
performance of the services hereunder by Contractor, and its agents, representatives,
employees and subcontractors. The policy limits set forth below do not act as a
limitation upon the amount of indemnification to be provided by Contractor. Contractor
shall complete and execute the following documents attached as Exhibits hereto and
incorporated herein by this reference:
6.1.1 Exhibit D -1: Additional Insured Endorsement -
Commercial General Liability.
6.1.2 Exhibit D -2: Additional Insured Endorsement -
Automobile Liability.
6.1.3 Exhibit D -3: Additional Insured Endorsement.
6.2 Minimum Scope of Insurance. Unless otherwise approved by City,
coverage shall be at least as broad as:
6.2.1 Insurance Services Office Commercial General Liability
coverage (occurrence form CG 0001).
6.2.2 Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any auto).
6.2.3 Insurance Services Office form number CG 20 10 11 85
(Ed. 11/85) covering Additional Insured — Owners, Lessees or Contactors (Form B).
6.2.4 Workers' Compensation insurance as required by the
State of California and Employer's Liability Insurance.
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6.3 Minimum Limits of Insurance. Contractor shall maintain limits no
Tess than:
6.3.1 General Liability: $2,000,000 per occurrence and in the
aggregate for bodily injury, personal injury and property damage. Commercial General
Liability Insurance or other form with a general aggregate limit shall apply separately to
this Agreement or the general limit shall be twice the required occurrence limit.
6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily
injury and property damage.
6.3.3 Employer's Liability: $1,000,000 per occurrence and in
the aggregate for bodily injury or disease and Workers' Compensation Insurance in the
amount required by law.
6.4 Deductibles and Self- Insured Retentions. Contractor shall inform
City of any deductibles or self- insured retentions except with respect to any professional
liability insurance.
6.5 Other Insurance Provisions. The general liability and automobile
liability policies are to contain, or be endorsed to contain, the following provisions:
6.5.1 City, its officers, officials, employees, designated
volunteers and agents serving as independent contractors in the role of City officials,
are to be covered as additional insureds as respects: liability arising out of activities
performed by or on behalf of Contractor; products and completed operations of
Contractor; premises owned, occupied or used by Contractor; or automobiles owned,
leased, hired or borrowed by Contractor. The coverage shall contain no limitations on
the scope of protection afforded to City, its officers, officials, employees, designated
volunteers or agents serving as independent contractors in the role of City officials
which are not also limitations applicable to the named insured.
6.5.2 For any claims related to this Agreement, Contractor's
insurance coverage shall be primary insurance as respects City, its officers, officials,
employees, designated volunteers and agents serving as independent contractors in the
role of City officials. Any insurance or self- insurance maintained by City, their officers,
officials, employees, designated volunteers or agents serving as independent
contractors in the role of City officials shall be excess of Contractor's insurance and
shall not contribute with it.
6.5.3 Contractor's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
6.5.4 Each insurance policy required by this Section 6 shall be
endorsed to state that coverage shall not be canceled or materially modified except
after 30 days prior written notice by first class mail has been given to City.
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6.5.5 Each insurance policy, except for any professional
liability policy, required by this Section 6 shall expressly waive the insurer's right of
subrogation against City and its elected officials, officers, employees, servants,
attorneys, designated volunteers, and agents serving as independent contractors in the
role of city or agency officials.
6.6 Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best's rating of no Tess than A:VIII unless waived in writing by City's
Risk Manager.
6.7 Verification of Coverage. All insurance coverages shall be
confirmed by execution of endorsements on forms approved by the City. The
endorsements are to be signed by a person authorized by that insurer to bind coverage
on its behalf. All endorsements are to be received and approved by City before
services commence. As an alternative to City forms, Contractor's insurer may provide
complete, certified copies of all required insurance policies, including endorsements
effecting the coverage required by these specifications.
7. Liquidated Damages. Should the Contractor fail to complete the project,
or any part thereof, in the time agreed upon in the Contract, the Contractor shall
reimburse the City for the additional expense and damage for each calendar day that
the Contract remains uncompleted after the Contract completion date. It is agreed that
the amount of such additional expense and damage incurred by reason of failure to
complete the Contract is the per diem rate of $ 750 per calendar day. Such amount is
hereby agreed upon as liquidated damages for the loss to the City resulting from the
failure of the Contractor to complete the project within the allotted time and to the value
of the operation of the works dependent thereon. It is expressly understood and agreed
that this amount is a reasonable amount and is established in lieu of damages that are
incapable of calculation at the inception hereof; and this amount is not to be considered
in the nature of a penalty. The City shall have the right to deduct such damages from
any amount due, or that may become due to the Contractor, or the amount of such
damages shall be due and collectible from the Contractor or the Contractor's Surety.
Progress payments made after the scheduled completion date shall not constitute a
waiver of liquidated damages.
8. Suspension. City may, in writing, order Contractor to suspend all or any
part of the Contractor's Services for the convenience of City or for work stoppages
beyond the control of City or Contractor. A suspension of the Services does not void
this Agreement.
9. Notices. Any notices, bills, invoices, or reports authorized or required by
this Agreement shall be in writing and shall be deemed received on (a) the day of
delivery if delivered by hand or overnight courier service during Contractor's and City's
regular business hours or by facsimile before or during Contractor's regular business
hours; or (b) on the third business day following deposit in the United States mail,
postage prepaid, to the addresses heretofore set forth in the Agreement, or to such
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other addresses as the parties may, from time to time, designate in writing pursuant to
the provisions of this Section. All notices shall be addressed as follows:
If to City: City Clerk
City of Seal Beach
211 -8th Street
Seal Beach, California 90740
Telephone: (562) 431 -2527
Fax: (562) 493 -9857
With a copy to:
Public Works Director
City of Seal Beach
211 -8th Street
Seal Beach, California 90740
If to Contractor: SEQUEL CONTRACTORS, INC.
13546 Imperial Hwy.
Santa Fe S rims, CA 90670
Telephone: (o641) 3 M-f227
Fax: (5b2) 802-7499
Attn: Thomas S. Pack President
10. Non - Assignability; Subcontracting. Contractor shall not assign, transfer,
or subcontract any interest in this Agreement or the performance of any of Contractor's
obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract
any rights, duties, or obligations arising hereunder shall be null, void and of no effect.
11. Compliance with Laws. Contractor shall comply with all applicable federal,
state and local laws, ordinances, codes and regulations in force at the time Contractor
performs the Services.
12. Non - Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Contractor constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Contractor, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
13. Attorneys' Fees. In the event that either party to this Agreement shall
commence any legal action or proceeding to enforce or interpret the provisions of this
Agreement, the prevailing party in such action or proceeding shall be entitled to recover
its costs of suit, including all attorneys' fees incurred in connection therewith.
14. Construction. The validity, interpretation, and performance of this
Agreement shall be controlled by and construed under the laws of the State of
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California. In the event of any asserted ambiguity in, or dispute regarding the
interpretation of any matter herein, the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
15. Entire Agreement. This Agreement, including any other documents
incorporated herein by specific reference, represents the entire and integrated
agreement between Contractor and City. This Agreement supersedes all prior oral or
written negotiations, representations, or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Agreement.
16. Severability. The invalidity in whole or in part of any provisions of this
Agreement shall not void or affect the validity of the other provisions of this Agreement.
IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Agreement as of the date first written above.
CITY OF SEAL BEACH CONTRACTOR QUEL T! ACTORS, MG.
By. 0 . .. B :
Jill R. Ingt: „ - ame: �i�'iP ' , ;_,. _ �;
Acting City Manager itle: ... - . ° .
Attest: -
. 1 4
Y C
By:
i n a Devine, ty lerk Nam:. MICHAEL A. MAHLER, ASST. SEQHt 1ARY
Title:
Approved as to Form:
By: '--ems
Quinn M. Barr w, City Attorney
9 of 9
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
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State of California
County of LOS ANGELES
On MAR 0 /011 before me, - Daniel Bustamante, Notary Public
Date Here Insert Name and Title of the Offer
personally appeared l foinas 8. Pack President
MICHA �` '. /A�uf C Name e( � (s)) off Signer(s)
MICHAELA. X70 fi . t�i►
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) are subscribed to the
00000 0 0 0000•0000000000000000 400•00•0•000iv within instrument and acknowledged to me that
o � !��� DANIEL BUSTAMANTE : i�1 /they executed the same in hie/he`/their authorized
' r -;`S' = COMM. #1825827 S capacity(ies), and that by bird/Nor/their signature(s) on the
- NOTARY PUBLIC - CALIFORNIA instrument the person(s), or the entity upon behalf of
' LOS ANGELES COUNTY - which the person(s) acted, executed the instrument.
f =e; .t f:nmr^ISd^ c��l..- �^.� ']�P' ^ 9 01?
�� • •� • ` • ` I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official s al.
Signature
, ed
Place Notary Seal Above Signature of Notary Public
OPTIONAL
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.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
❑ Partner — 0 Limited ❑ General RIGHT THUMBPRINT ❑ Partner — 0 Limited ❑ General RIGHT THUMBPRINT
❑ Attorney in Fact OF SIGNER ❑ Attorney in Fact OF SIGNER
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
<�c t,,zt,
02007 National Notary Association • 9350 De Soto Ave , PO. Box 2402 *Chatsworth, CA 91313 -2402 • www NationalNotary org Item 45907 Reorder Call Toll -Free 1- 800 -876 -6827
SEQUIPL CONTRACTORS INC.
ST. LIC #610600A
13546 IMPERIAL HWY
•
SANTA FE SPRINGS, CA 90670
Fax (562) 802 -7499 (562) 802 -7227 Office
ACTION BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF
DIRECTOS OF SEQUEL CONTRACTORS, INC.
The undersigned being all of the Directors of SEQUEL CONTRATORS, INC. a California
Corporation, do hereby take the following action by this written consent at a meeting of the Board
of Directors held on April 4, 2004 in accordance with the Bylaws of the Corporation and the
California Corporation Code.
WHEREAS, the Board of Directors deems it advisable to authorize the officers of the
Corporation, Abel Magallanes, Thomas S. Pack and Michael A. Mahler, respectively, to execute
bid bonds on behalf of the Corporation with any agency, person, company or municipality;
RESOVED FURTHER, that Abel Magallanes, Thomas S. Pack and Michael A. Mahler are
authorized to execute labor, material, and faithful performance bonds in connection with contracts
to be entered into with any agency, person, company or municipality;
RESOLVED FURTHER, that Abel Magallanes, Thomas S. Pack and Michael A. Mahler are
authorized and directed to execute and deliver street improvement contracts and related
agreements with any agency, person, company or municipality on such terms conditions as they
deem advisable in their sole discretion;
RESOLVED FURTHER, that Abel Magallanes, Thomas S. Pack and Michael A. Mahler be, and
they hereby are authorized by their sole signatures on any document to bind this corporation to
contract, bids, bonds, etc.;
RESOLVED FURTHER, that Abel Magallanes, Thomas S. Pack and Michael A. Mahler be, and
they hereby are authorized and directed to take any and all such other actions and execute such
other documents as may be necessary or appropriate to carry out the purposes of the foregoing
authorizations.
In witness thereof, the undersigned Directors have executed this unanimous written consent to
indicate this adoption of the consent of the foregoing resolution and the action set forth therein.
Dated: A ! 4, 2004
112AAllf41ri■ 44 , ..
•q 5. =`r Abel M: gal es
D - ctor & President Director, Vice President & Secretary
ichael A. Mahler
Assistant Secretary
• •
EXHIBIT A
FAITHFUL PERFORMANCE BOND
Exhibit A, Page 1
Error! Unknown document property name.
• •
EXHIBIT B
PAYMENT BOND
Exhibit B, Page 1
Error! Unknown document property name.
• •
EXHIBIT C
WORKERS' COMPENSATION INSURANCE CERTIFICATE
Exhibit C, Page 1
Error! Unknown document property name.
• •
EXHIBIT D -1
ADDITIONAL INSURED ENDORSEMENT
COMMERCIAL GENERAL LIABILITY
[INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL
LIABILITY]
Exhibit D -1, Page 1
Error! Unknown document property name.
• 1
EXHIBIT D -2
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
[INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY]
Exhibit D -2, Page 1
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EXHIBIT D-3
ADDITIONAL INSURED ENDORSEMENT
iinffER:1 cEkrocal PROFES INSURANCE
LIABILITYd F REQUIRED]
Exhibit D-3, Page 1
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EXHIBIT E
ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING
CONTRACTOR LICENSING LAWS
Exhibit E, Page 1
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EXHIBIT F
LABOR LAW REQUIREMENTS
Exhibit F, Page 1
Error! Unknown document property name.
From: Rebecca Gonzales At The Wooditch Company FaxID: To: Insurance Dept Date. 3/8/2011 04.04 PM Page: 2 of 10
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qjp R
CERTIFICATE OF LIABILITY INSURANCE OP ID DATE (MMIDOM/TY) RG 03/08/11
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(Ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER wn IPOrr
NAME
The Wooditch Company Insurance PHONE IAA
Services, Inc. No, Ex"' I (AI No):
1 Park Plaza, Suite 400 ADDRESS:
Irvine CA 92614 CU $ToM RIDC: SEQUE -1
Phone:949- 553 -9800 Fax:949- 553 -0670 INSURER(8) AFFORDING COVERAGE NAIL#
INSURED INSURER A : New aaspahir. Inauranae Co.
Seel Contractors, Inc. INSURERS: liberty Mutual Fire Ina. Co. 23035
135 Imperial Highway
Santa Fe Springs CA 90670 MSURER C: Ins. Co. of the Stab* of PA
NSURER D :
INSURER E :
NSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. EFF N L p TYPE OF INSURANCE OR WVD POLICY NUMBER (MYIDD/YYYY) (M c leD1Y YYY) LINTS
GENERAL LIABILITY EACH OCCURRENCE 11,000,000
LIPPARIat 11./ MN ILL/
A X COMMERCIAL GENERAL LIABILITY GL1949967 10/01/10 10/01/11 PREMISES (Ea occurrence) =100,000 _
I CLAIMS -MADE El OCCUR MED EXP (My one person) ti 5, 000
X x •• BRE NOTES soa OVIRALL PERSONAL 8, ADV INJURY 8 1, 000, 000
POLICY GENERAL ACCRICATI GENERAL AGGREGATE $ 2,000,000
GEM AGGREGATE LIMIT APPLIESPER: PRODUCTS - COMP/OP AGO 62,000,000
— I POLICY n JECO'f n Loc :
AUTOMOBILE IJABILITY COMBINED SINGLE LIMIT
A X ANY AUTO CA1574467 10/01/10 10/01/11 (Ea accident) $ 1,000,000
BODILY INJURY (Per parson) E
ALL OWNED AUTOS
BODILY INJURY (Per accident) $
SCHEDULED AUTOS X X PROPERTY DAMAGE
HIRED AUTOS (Per accident) Ai
NON -OWNED AUTOS 8
B X UMBRELLA LIAB X OCCUR TH2- 661 - 065930 -010 10/01/10 10/01/11 EACH OCCURRENCE S1,000,000
— EXCESS LIAB CLAIMS-MADE AGGREGATE 8 1,000,000
DEDUCTIBLE $
RETENTION S 8
C WORKERS COMPENSATION WCO25889090 10/01/10 10/0111 X I WCSTATU- I IOrH-
AND EMPLOYERS' LIABILITY Y/ N TORY LIMITS ER
ANY PROPRIETORMARTNER/EXECUTIVED EL EACH ACCIDENT 81,000,000
OFFICER/MEMBER EXCLUDED' N / A X
(Mandatory In NH) EL DISEASE - EA EAWLOYEE $ 1 , 000 , 000
DESCRIPTION OF OPERATIONS below EL. DISEASE - POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is ragtdred)
* Except 10 Days Notice of Cancellation For Non - payment of Premium.
RE: CIP No. 49750; Seal Beach Blvd Street Widening. This Insurance shall
apply as Primary anO Non - Contributory per attached ndorsament. Waiver 9f
Subr ation for Workers Compensation General Liability, and Auto Liability: See Attached Endorsements. * *SEE NOTES ** glaipwv /auaiwv /wcwv
CERTIFICATE HOLDER CANCELLATION
CITYSEA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WLL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Seal Beach AUTHORIZED REPRESENTATIVE
City Hall
211 8th Street
Heal Beach CA 90740
D CORPORATION. All rights reserved.
ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD
From: Rebecca Gonzales At: The Wooditch Company FaxID: To: Insurance Dept Date: 3/8/2011 04:04 PM Page' 3 of 10
*Should this policy be cancelled before the expiration date, The Nooditch
Company will mail 30 (thirty) days written notice to those Certificate
Holders which require such action per contract or agreement.*
GENERAL LIABILITY INCLUDES AGGREGATE LIMITS OF INSURANCE PER
PROJECT. OVERALL POLICY GENERAL AGGREGATE LIMIT: $5,000,000.
From: Rebecca Gonzales At. The Wooditch Company FaxID: To: Insurance Dept Date: 3/82011 04:04 PM Page 4 of 10
City of Seal Beach, its offices, officials, employees, designated
volunteers and agents serving as independent contractors in the role of
City Officials are included as Additional Insureds as respects General and
Auto Liability per attached endorsements.
From: Rebecca Gonzales At: The Wooditch Company FaxID. To: Insurance Dept Date: 3/8/2011 04:04 PM Page 5 of 10
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ENDORSEMENT
This endorsement, effective 12:01 A.M. 10/01/2010 forma a part of
Policy No. GL1949967 issued to Sequel Contractors, Inc.
by New Hampshire Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT
(Professional Servos ExelusIonl
This endorsement moo'illes (neurones provided under the following:
COMMERCIAL GENERAL. LABILITY COVERAGE FORM
Section 11- Who Is an Insured, 1., is amended to add:
f. Any person or organization to whom you become obligated to include as an additional insured
under this policy. as a result of any contract or egreernent you enter into, excluding contracts
or agreements for professional services, which requires you to furnish insurance to that
person or organization of the type provided by this policy, but only with respect to liability
arising out of your operations or premises owned by or rented to you. However, the
Insurance provided will not exceed the lesser of:
1. The coverage and/or limits of this policy, or
2. The coverage and/or limits required by said contract or agreement.
y uz,b.c .. ,,.,±_ f
It Inn States Whore
Appizabl
61714 (9/01)
From: Rebecca Gonzales At The Wooditch Company FaxID: To: Insurance Dept Date: 3/8/2011 04:04 PM Page' 6 of 10
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ENDORSEMENT
This endorsement, effective 1201 A.M. 10/01/2010 forms a part of
policy No GL1949967 issued to Sequel Contractors, Inc.
by New Hampshire Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - PRIMARY INSURANCE
This endorsement mixers irisursmoe provided under he Mowing:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Section IV, Commercial General Liability Corn:Mons, paragraph 4, Other Insurance,
subparagraph a. Primary Insurance, is amended by the addition of the following:
However. coverage under this policy afforded to en additional insured wil apply as primary
insurance where required by,9ontract. and any other Insurance issued to such additional insured
shall apply as excess and noncontributory insurance.
•
clued - 7°'''""' or
tsI O a - ta ts Where
AKA..
74434 (10/99)
From Rebecca Gonzales At The Wooditch Company FaxID: To: Insurance Dept Date: 3/8/2011 04 PM Page: 7 of 10
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POUCY NUMBER: GL 194 -99 -67 COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
PURSUANT TO APPLICABLE WRITTEN CONTRACT OR
AGREEMENT YOU ENTER INTO.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of Sec-
tion IV - Conditions:
We waive any right of recovery we may have
against the person or organization shown in the
Schedule above because of payments we make for
injury or damage arising out of your ongoing opera-
tions or your work" done under a contract with
that person or organization and included in the
"products completed operations hazard ". This
waiver applies only to the person or organization
shown in the Schedule above.
CG 24 04 05 09 - 0 Insurance Services Office, Inc., 2008 Page 1 of 1 0
From. Rebecca Gonzales At The Wooditch Company FaxID: To: Insurance Dept Date: 3/8/2011 04:04 PM Page: 8 of 10
• • •
ENDORSEMENT
This endorsement, effective 12:01 A.M. 10/01/2010 forma a part of
Policy No. CAI574467 issued to Sequel Contractors, Inc.
by New Hampshire Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT
This endorsement modifies insurance provided under the A:Wowing:
BUSINESS AUTO COVERAGE FORM
SCH�ULE
ADDITIONAL INSURED:
WHERE REQUIRED UNDER CONTRACT OR AGREEMENT
I. SECTION 1I - LIABILITY COVERAGE, A. Coverage, 1. - Who le Insured, is amended to add:
d. Any parson or organization, shown in the schedule above, to whom you beoome obligated
to Include as an additional insured under this policy, as a result of any contract or agreement
you enter into which requires you to furnish insurance to that person or organization of the
type provided by this policy, but only with respect to liability arising out of use of a covered
"auto °. However, the Insurance provided will not exceed the lesser of:
(1) The coverage and/or limits of this policy. or
(21 The coverage and /or limits required by said contract or agreement.
4.�►.�s�J i�
Authorized Repro all or
Countersignature On States Where
Applicable?
87950 (10/05) Page 1 of 1
From: Rebecca Gonzales At The Wooditch Company FaxID: To: Insurance Dept Date: 3/8/2011 04:04 PM Page: 9 of 10
• • •
ENDORSEMENT
This endorsement, effective 12:01 A.M. 10/01/2010 forms a part of
policy No. CAI574467 issued to Sequel Contractors, Inc.
by New Hampshire Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTNBaS TO US
This endorsement modifies insurance provided under the Wowing:
BUSINESS AUTO COVERAGE FORM
Section 1V - Business Auto Conditions, A. - Loss Conditions, 6. - Transfer of Rights of Recovery
Against Others to Us is amended to add:
However, we will waive any right of recover we have against any parson or organization with whom you have
entered into a contract or agreement because of payments we make under this Coverage Form arising Out of
an "accident" or loss" if:
(1) The "accident' or "loss" Is due to operations undertaken in accordance with the contract existing
bollworm you and such person or organization, and
(2) The contract or agreement was entered into prior to any "accident' or "loss'.
No waiver of the right of recovery win directly or indirectly apply to your employees or employees of the
perm or organization, and we reserve our rights or lien to be reimbursed from any recovery funds obtakted
by any injured employee.
A R E3 ATIVE
62897 (6/96)
From: Rebecca Gonzales At The Wooditch Company FaxID: To: Insurance Dept Date: 3/8/2011 04:04 PM Page 10 of 10
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BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA
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 10/01/2010 forms a part of Policy No. WCO25889090
Issued to Sequel Contractors, Inc.
By Insurance Company of the State of Pennsylvania
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 2 % of the total estimated workers compensation premium for
this policy.
WC 04 03 61 Countersigned by
(Ed. 11-90)
Authorized Representative