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Natures Image, Inc. A2017-188Recording Requested by And When Recorded, Mail To: CITY CLERK CITY OF CHINO HILLS 14000 City Center Drive Chino Hills, CA 91709 Exempt Recording Per Government Code Section 6103 NOTICE IS HEREBY GIVEN THAT: Electronically Recorded in Official Records, County of San Bernardino BOB DUTTON ASSESSOR - RECORDER - CLERK ` 369 City of Chino Hills Doc# 2018-0110680 Titles 1 Fees NOTICE OF COMPLETION Taxes CA SB2 Fee Others Paid 3/30/2018 08:04 AM KE Pages 1 00 .00 .00 .00 The undersigned is a Project Manager for the City of Chino Hills, 14000 City Center Drive, Chino Hills, California, which is the owner of the interest or estate stated below in the property hereinafter described. The nature and interest or estate of the City is: In Fee (If other than fee, strike "In Fee" and insert, for example, "easement' or "lessee") A work of improvement on the property hereinafter described was completed on February 14, 2018 The work of improvement is described as follows: ENGLISH CREEK/ CHANNEL HABITAT MITIGATION project. Date of Contract: August 8, 2017 Contract/Agreement No. A2017-188 Name of Original Contractor: Natures Image, Inc. The property on which said work of improvement was completed is in the City of Chino Hills, County of San Bernardino, State of California, and is described as follows: English Creek/Channel, between Chino Hills Community Park and Community Center, Chino Hills, CA (Legal description) The street address of said property is: (If no street address has been officially assigned, insert "none") CITY OF CHINO HILLS APN: N/A Fe M. Rama, P.E., Associate Engineer STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO )ss CITY OF CHINO HILLS ) I HEREBY CERTIFY THAT I am the Public Works Director for the City of Chino Hills. I have read the foregoing Notice of Completion and know the contents thereof; and' I certify that the same is true of my own knowledge. I dec are under penalty of perjury, that the foregoing is true and correct. Executed on at City of Chino Hills, California. Nadeem Majaj, P.E., Pdblic Works Director .00 A2017-188 CITY OF CHINO HILLS AGREEMENT ENGLISH CREEK/CHANNEL HABITAT MITIGATION PROJECT (S15009) This Contract is made and entered into on the 8th day of August, 2017 by and between the City of Chino Hills, a California General Law Municipal Corporation ("City") and Natures Image, Inc. ("Contractor"). City and Contractor do hereby agree as follows: The complete contract includes all of the Contract Documents, to wit: A. Notice of Inviting Bids, dated June 27, 2017 B. Instructions to Bidders C. Addenda D. Contractor's Bid (Bid Forms), dated July 20, 2017 E. Bid Bond F. Payment Bond G. Contract Performance Bond H. Certificates of Insurance and Endorsements I. Agreement J. Certified Copy of the Record of Action of the City Council of Chino Hills, Chino Hills California K. Notice of Award L. Notice to Proceed M. The Plans (Contract Drawings) N. Document entitled, "Notice to Bidders, Proposal, Contract, and Special Provisions", including appendices O. Standard Specifications for Public Works Construction P. Standard Plans Q. Reference Documents R. Change Orders or Work Change Directives S. Public Improvement Warranty Each of such documents in their entirety is incorporated herein by this reference as is set forth in full. The Contractor agrees to perform certain work set forth and particularly described in the aforementioned documents, incorporated herein by reference in consideration of: TOTAL BASE BID: $724,980 Contractor shall furnish a labor and material bond in an amount equal to one hundred percent (100%) of the contract price, and a faithful performance bond in an amount equal to one hundred percent (100%) of the contract price, said bonds to be secured from a surety company admitted and authorized to do business in California as such and satisfactory to the City Council. Upon filing of the Notice of Completion, Contractor shall be required to maintain a labor and material bond for a period of six (6) months and shall furnish a warranty bond in the amount of 15% of the contract amount for a period of twelve (12) months. IV. The Contractor agrees to indemnify, protect, defend and hold harmless the City, and their authorized agents, officers, volunteers, the engineer and employees against any and all claims arising from Contractor's acts or omissions and for any costs or expenses incurred by the City, or their authorized agents, officers, volunteers and employees, on account of any claim therefore. In order to accomplish the indemnification herein provided for, but without limiting the indemnification, the Contractor shall secure and maintain throughout the term of the contract the following types of insurance with limits as shown: - Workers' Compensation - A program of Workers' Compensation Insurance or a State -approved Self -Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with One Million Dollars ($1,000,000.00) limits, covering all persons providing services on behalf of the Contractor and all risks to such persons under this Agreement. - General Liability - Such general liability insurance shall be written with a limit of liability of not less than One Million Dollars ($1,000,000.00) combined single limits for damages arising out of bodily injury, including sickness and death, injury to or destruction of property of others, arising directly or indirectly out of or in connection with the performance of the Work under the Contract Documents including explosion, collapse and underground exposure. Vehicle Liability - Such vehicle liability insurance shall be written with a limit of liability of not less than One Million Dollars ($1,000,000.00) combined single limits for all bodily injury, including sickness and death or injury to or destruction of property of others, arising directly or indirectly out of or in connection with the performance of the Work under the Contract Documents including explosion, collapse and underground exposure. If the City determines to require the Contractor to procure such insurance, such insurance shall cover as insureds under all policies excepting workers 2 compensation: the City, its officers, employees, and agents, City's Representative, the Engineer and his/her consultants, and each of their officers, employees, and agents. The policy or policies for such insurance may provide for a deductible amount not to exceed five percent (5%) of the Contract Price. As provided in Section 7105 of the California Public Contract Code, the Contractor is responsible for the cost of repairing or restoring work up to five (5%) percent of the contract amount. Insurance Rating: All insurance required herein shall be placed with insurers with a current A.M. Best's rating of no less than A:VII, and which insurers are admitted and authorized to do business in California as insurance carriers. Contractor shall, within ten (10) calendar days after receipt of the notice of award from the City, furnish certificates of insurance and endorsements to the City evidencing the insurance coverage above required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the City, and shall maintain such insurance from the time Contractor commences performances of services hereunder until the completion of such services. All policies, with respect to the insurance coverage above required, except for the Workers' Compensation Insurance coverage and professional liability coverage, if applicable, shall contain additional endorsements covering the City and its employees, agents, volunteers and officers as insured with respect to liabilities arising out of the performance of services hereunder. The Contractor shall require the carriers of the above required coverages to waive all rights of subrogation against the City, its officers, volunteers, employees, contractors, agents and subcontractors. All policies required above are to be primary and non-contributing with any insurance or self-insurance programs carried or administered by the City. V. The City agrees to pay, and the Contractor agrees to accept in full payment for the work outlined in the Contract Documents, the total sum of Seven Hundred Twenty -Four Thousand Nine Hundred Eighty and 00/100 dollars ($724,980.00) subject to additions and deductions, if any, in accordance with said documents. Payment shall not be made more often than once each thirty (30) days, nor shall amount paid be in excess of ninety-five percent (95%) of the contract at time of completion. Final payment to be made forty-five (45) days subsequent to acceptance of the work by the Board. Contractor may, upon Contractor's written request, and approved by the City Council, at Contractor's expense, deposit substitute securities, as stated in Government Code Section 16430, and as authorized by Public Contract Code, Section 22300, in lieu of retention monies withheld to insure performance. LVA I The Contractor shall commence the work required by this Contract within ten (10) days of the date specified in the Notice to Proceed from the City to proceed with the work and shall complete contract work within Ninety (90) working days. Upon acceptance of project work, maintenance period shall extend 730 calendar days or until landscape plantings and related equipment fulfills project requirements. City and Contractor have discussed the provisions of Government Code, Section 53069.85 and the damages which may be incurred by City if the Work is not completed within the time specified in this Agreement. The City and Contractor hereby represent that at the time of signing this Agreement, it is impracticable and extremely difficult to fix the actual damage which will be incurred by City if the Work is not completed within the number of working days allowed. Accordingly, City and Contractor agree that the sum of One Thousand Dollars ($1.000.00) per calendar day is a reasonable sum to assess as damages to City by reason of the failure of Contractor to complete the Work within the time specified. M The Contractor hereby agrees to comply with the State Labor Code and acknowledges that, in accordance with Section 3700 of the State Labor Code, he/she will be required to secure the payment of compensation to his/her employees. Milli The Contractor acknowledges that, in accordance with Section 1777.5 of the State Labor Code, he/she will be held responsible for compliance with the provisions of this Section for all apprenticeable occupations. 194 The Contractor hereby agrees to reimburse the City for costs incurred by the awarding authority in the substitution of subcontractors. Where a hearing held pursuant to the provisions of Chapter 2, Division 5, Title 1, of the Government Code (commencing with Section 4100) by the awarding authority or a duly appointed hearing officer, the Clerk of the City of Chino Hills shall prepare and certify a statement of all costs incurred by the City for investigation and conduct a hearing, including the costs of any hearing officer and shorthand reporter appointed. The statement shall then be sent to the general contractor, who shall reimburse the City for such costs. If not paid separately, such reimbursement may be deducted from any money due and owning to the general contractor prior to acceptance of the project. FA Contractor acknowledges and agrees that Contractor must have all appropriate contractor's licenses. Contractor further warrants and represents that he/she/they has/have the appropriate contractor's license to pursue the work hereunder. Contractor's failure to have or maintain all appropriate licenses during the entire term of this contract, or any period thereof, shall be cause for the immediate and summary termination of this contract by City. Contractor shall be liable for all City's costs to complete the work and this contract. XI. The person or persons executing this Agreement on behalf of contractor warrants and represents he/she/they has/have the authority to execute this Agreement on behalf of his/her/their corporation, partnership, or business entity and warrant and represents that he/she/they has/have the authority to bind the contractor to the performance of its obligations hereunder. NOTICES. Notices shall be given pursuant to this Agreement by personal services on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Services addressed as follows: C City of Chino Hills Attention: City Clerk 14000 City Center Drive Chino Hills, CA 91709 Contractor. Natures Image, Inc. Attention: A.J. Fox 20361 Hermana Circle Lake Forest, CA 92630 XIII. This Agreement contains the completely final, entire, and exclusive agreement between the parties with respect to the subject matter hereof, and no waiver, alteration, or modification of any of the provisions hereof or rights to act hereunder shall be binding unless in writing. Any attempted modification, amendment, or alteration in violation hereof shall be void. IN WITNESS WHEREOF, each of the parties hereto has caused the Agreement to be executed in its name on its behalf by a duly authorized officer as of this day and year first above written. CITY OF CHINO HILLS Ray Marque. Mayor ATTEST: Cheryl Bal City Clerk APPROVED AS TO FORM: Mark D. Hensley City Attorney NATURES IMAGE, INC. c (Signature) MiCNQe na President (Title) (Signature) LAJ Fox Executive Vice President and Chief Operating Officer (Title) O O � O^ �• l 1 n 1� m N J o N Q O � J 1 The following listed documents, identified in the lower right corner as "Bed Document", bound herein and reproduced on colored paper, shall be fully executed and submitted with the Bid prior to the time of the opening of Bids. 1.3.1 Bid (Proposal) 1.3.2 Bid Schedule(s) 1.3.3 List of Subcontractors 1.3.4 Anti -Trust Claim 1.3.5 Non -collusion Affidavit 1.3.6 Bid Bond (Bid Security Form) 1.3.7 Bidder's General Information Failure of a Bidder to fully execute and submit all of the listed documents with the Bid will render a Bid as non-responsive and subject to rejection. CITY OF CHINO HILLS - PART 1 1-9 1.3.1 B I D (PROPOSAL) BID TO: CITY OF CHINO HILLS, CALIFORNIA The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the City in the form included in the Contract Documents to perform the Work as specified or indicated in said Contract Documents entitled: ENGLISH CREEK / CHANNEL HABITAT MITIGATION PROJECT PROJECT NO. S15009 Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, Performance Bond, and all Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents, including the following Addenda (receipt of which is hereby acknowledged): Number 1 Date 7—/�2--1 � Number 2 ✓ Number 3 Number 4 Number 5 Number 6 Date -7 — 0- - / 7 Date Date Date Date Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary. CITY OF CHINO HILLS - PART I 1-10 1.3.1 B 1 D (PROPOSAL) Continued In conformance with the current statutory requirements of California Labor Code Section 1860, et seq., the undersigned confirms the following as its certification: l 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 undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract. To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non- collusion Affidavit, Bidder's General Information, and Bid Bond contained in these Bid Documents, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s). Dated: -%—M-17 Bidder: (Signature) Title: 'fi(e(LkfiyeV awl 000 CITY OF CHINO HILLS - PART I 1-11 jUii/12/2017/WFD 10:30 AM FAX No, P, 004/011 REVISION 1 - Dated July 12, 2017 1.3.2 UNIT PRICE BID SCHEDULE Schedule of Prices for the Construction of the: ENGLISH CREEK/ CHANNEL, HABITAT MITIGATION PROJECT PROJECT NO. 515009 Item No. Description Est. Qty. Unit Unit Price Amount 1. Mobilization 1 LS $ yg f ,p $ 2. Clearing and Grubbing 1 LS $50, Old oc $ ,j-8, lS Channel Pxcavation,(D9,�U�.'' 9. Earthwork and Grading per 1 LS $ Plans and Specifications, Complete in Place -ZF-- Remove Existing Trees as shown per Plans and Specifications, and per 4. Biologist recommendation in 23 EA $ 1,0 3a ,Do $ a3, '/ 3b, D the field. Payment is based on the actual quantity of trees removed. Furnish and Install Irrigation System with functioning hook- up to existing park controller in 5. the Wetland, Riparian Terrace, 1 LS $ 8I iWDo $'061,310,0t and Riparian Buffer areas per Plans and Specifications, Complete in Place Install Landscape Planting and Seeding in the Wetland, Riparian Terrace, and Riparian 6. Buffer areas per Plans and 1 LS Specifications (City to provide all native container plants and seed mix), Complete in Place CITY OF CHINO HILLS PART 1 1-12 0 H_/12/2017/WED 10:30 ANI FAX Pio, P. 005/011 REVISION 1 — Dated July 12, 2017 UNIT PRICE BID SCHEDULE (cont') Schedule of Prices for the Construction of the: ENGLISH CREEK / CHANNEL HABITAT MITIGATION PROJECT PROJECT NO. 515009 Total of All Items (1-10) of the Bid Schedule, Price in figures) (Price in words) Name of Bi er CITY OF CHINO HILLS - PART i 1-13 Construct Lower Reach "KEY" Area improvements including Landscape Planting and Seeding with separate 7. functioning irrigation system 1 LS $ 3 1 14lQ.OC $ 3,-1 LFto. rip per Plans and Specifications (City to provide all native container plants and seed mix), Complete in Place Provide 24 -Month (minimum) Maintenance and Plant 8. Establishment Work Under the 1 LS $351a:loca.tA $ 35,?..lutv,`b Direction of Project Engineer and Biologist Furnish and Construct 6 -Foot High Chain Link Fence and 9. Gates per SPPWC Standard 950 LF $ 3y, oo $ 3 213()0 - 01 Plan 600-3, and per location map. Furnish and Install Signage 10 along the perimeter of 25 EA $ a4U oo $ kA , t.sp 00 mitigation area per standard drawing and per location map. Total of All Items (1-10) of the Bid Schedule, Price in figures) (Price in words) Name of Bi er CITY OF CHINO HILLS - PART i 1-13 `1UL/12/2017/WED 10;30 AM QUANTITIES OF WORK: FAX No, P,006/011 REVISION 1 — Dated July 12, 2017 The quantities of work or material stated in the unit price items of the Bid Schedule are supplied only to give an indication of the general scope of the Work, The City does not expressly nor by implication agree that the actual amounts of work or material will correspond therewith, and reserves the right after award to increase or decrease the quantity or any unit price bid item, by an amount up to 25 percent of increase or decrease, without a change in the unit prices, and shall have the right to delete any bid item in its entirety, and receive full credit in the amount shown in the Bid Schedule for the deleted item of Work. Name of Bidder or Firm CITY OF CHINO HILLS - PART 1 1-14 1.3.3 LIST OF SUBCONTRACTORS INFORMATION REQUIRED OF BIDDER As required under Section 4100, et seq., of the Public Contract Code, the Bidder shall list below the name and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work which will be done by such subcontractor. After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract. The amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. The City will identify any "Specialty Items" in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract unit price. This will be determined from information submitted by the Contractor and subject to approval by the Engineer. 1. Work to be Performed: 1Y'.Y)CfkgQ % of Total Contract: Subcontractor's Name: 0 -he_,; z6oY1 zaleS Ee�nx o . Address: /338 cc r-17- isf` Nwrn , Cli g2. g ton License No. 5-7 S3 .2-_T Is the Subcontractor registered in accordance with Labor Code § 1725.5 [Note: failure to register requires the City to reject Contractor's bid as nonresponsive]? Yes No ❑ 2. Work to be Performed: (rade ri % of Total Contract: 3.S Subcontractor's Name: ('hiYzo Address: (Iino. License No. eca In CITY OF CHINO HILLS - PART 1 1-15 Is the Subcontractor registered in accordance with Labor Code § 1725.5 [Note: failure to register requires the City to reject Contractor's bid as nonresponsive]? Yes ❑ 3. Work to be Performed: Subcontractor's Name: Address: License No. 1►L•7! % of Total Contract: Is the Subcontractor registered in accordance with Labor Code § 1725.5 [Note: failure to register requires the City to reject Contractor's bid as nonresponsive]? Yes ❑ 4. Work to be Performed: Subcontractor's Name: Address: License No. No ❑ % of Total Contract: Is the Subcontractor registered in accordance with Labor Code § 1725.5 [Note: failure to register requires the City to reject Contractor's bid as nonresponsive]? 1'[01 5. Work to be Performed: Subcontractor's Name: Address: License No. No ❑ % of Total Contract: Is the Subcontractor registered in accordance with Labor Code § 1725.5 [Note: failure to register requires the City to reject Contractor's bid as nonresponsive]? CITY OF CHINO HILLS - PART 1 1-16 Yes ❑ No ❑ 6. Work to be Performed: Subcontractor's Name: Address: License No. % of Total Contract: Is the Subcontractor registered in accordance with Labor Code § 1725.5 [Note: failure to register requires the City to reject Contractor's bid as nonresponsive]? Yes ❑ No ❑ CITY OF CHINO HILLS - PART 1 1-17 1.3.4 ANTI-TRUST CLAIM In submitting a Bid to a public purchasing body, the Bidder offers and agrees that if the Bid is accepted, it will assign to the purchasing body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, materials, or services by the Bidder for sale to the purchasing body pursuant to the Bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the Bidder. RESPECTFULLY SUBMITTED: Signature LaVe F=orifsf I of qx-03 G City, State, Zip Eyre iyr, U P o, O Coo Title '.?0,�_-, /3 Contractor's License No. 33-C&F610 Federal I.D. No. (SEAL --if Bid is by a corporation) ATTEST ao3cv � f ermma G rde, Address fagg) cnso-Lauoo Telephone (with area code) 7-11- 17 Date Class A 3 G-7 Type of License CITY OF CHINO HILLS - PART 1 1-18 1.3.5 NON -COLLUSION AFFIDAVIT (Public Contract Code Section 7106) In accordance with Public Contract Code 7106, the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to -any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non- collusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. CITY OF CHINO HILLS - PART 1 1-19 Bond No. CSBA-5460 1.3.6 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, Natures Imaae. Inc. as Principal, and The Ohio Casualty Insurance. Company as Surety are hereby held and firmly bound unto the City of Chino Hills, a California General Law. Municipal Corporation, as Owner in the penal sum of Ten Percent of the Amount Bid (10% of the Amount Bid) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns.; Signed, this, 13th day of July , 20 17 The Condition of the above obligation Is such that whereas the Principal has submitted to the City, of Chino Hills a certain Bid;, attached hereto and hereby made a part hereof to enter Into a contract In writing for the Enalish CreekI Channel dabtat Mitigation P NOW, THEREFORE, a. If said. Bid shall be rejected, or b. if said Bits shall be accepted and the Principal shall execute and deliver, within ten (1 Q1 days after 'acceptance, a contract In the form attached hereto (properly completed in accordance with said., Bid) and shall furnish a Bond for his/her faithful performance'of said Contract and for the payment of all persons performing labor or furnishing materials in connection therewith, the required Insurance Certificates, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; It being :expressly understood and agreed that the liability of the. Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligation of said. Surety and its Bondshall be in no way impaired or affected by any extension of the time within which the City may accept such Bid; and said Surety does hereby waive notice of any such extension, in the event suit is brought upon this bond by the Obligee and judgment Is recovered, the Surety shall pay all costs Incurred by the Obligee in such suit,. including a reasonable attorney's fee to be fixed by the court. CITY OF CHINO! HIL,L.s - PART l 1.20 1.3.6 BID BOND (page 3 of 3) Any daims under this bond may be: addressed to: (Name and Address of Surety) (Nameand Address of Agent or Representative in California. if different from above) Number of Surety The Ohio Casualty Insurance Company 790 The City Drive South, Suite 200 Orange, CA 92868 Commercial Surety Bond Agency Orange, CA 92867 (714) 516-1232 ... .......... ...... . ........... .. . .............. .......... . ............... . ..... - . . . . ............... . . . ........................ . . . ........ ...................................... .... . In California) CITY OF CHINO HILLS - PART 1 1-22 1.3.6 BID BOND (page 2 of 3) IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Two Witnesses (If Individual): ATTER'' (If Cor a ion): - 1 By l Title (Corporate Seal) ATTEST: By 1(%� Title Karen L. Ritto, Notary Public (Corporate Seal) INVII0 411 Title Natures Image, Inc. SURETY: The Ohio Casualty Insurance Company Title Dwight Reilly, Attorney -in -Fact IMPORTANT: Surety companies executing Bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with federal grant or loan funds, must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. CITY OF CHINO HILLS - PART 1 1-21 ACKNOWLEDGMENT A Notary Public or other off cer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange) On July 19, 2017 before me, Sara Koenig, Notary Public, personally appeared Michelle Caruana who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 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 seal. Signahu-e (Seal) SARA KOENIG COMM ... 2072498 m U • `�NOTARY PUBLIC—CALIFORNIA —OI m ORANGE COUNTY W My T#rm Exp, June 24, 2018 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On July 13, 2017 before me, Karen L. Ritto, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SE••n•,,,F KAREN WITNESS my hand and official seal. COMM. #2138527 Notary Public -California ' 1 ORANGE C a COUNTY My Comm. Expires Dec 30, 2019 Signature �t/ (Seal) Karen L. Ritto t THIS 'POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. Bond No. CSBA-5460 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7806728 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Arturo Ayala; Daniel Huckabay Dwight Reilly; Michael Castaneda; Shaunna Rozelle Ostrom all of the city of Orange state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they.have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 16th day of June 2017 ? �2�^ $� ° F .`� �� The Ohio Casualty Insurance Company � < 0 1919 1912 ° 1991 Liberty Mutual Insurance Company West /American Insurance Company // r By: STATE OF PENNSYLVANIA ss David M. Carey; Assistant Secretary COUNTY OF MONTGOMERY On this 16th day of June 2017 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. gP NW6, COMMONWEALTH OF PENNSYLVANIA OPIWf4r �(r Notarial Seal Teresa Pastella, Notary Public By: OF Upper MerionTwp., Montgomery County Teresa Pastella, Notary Public �P My Commission Expires March 28, 2021 GAFly Member. Pennsylvania Association of Notaries This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS— Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 13th day of July 20 17 tNSUQ a1Nsup y)PLoaroaar�92 e�orw,-F'1<� fyyv p 19191912 ? 1991 ° By: N b Renee C. Llew , ssistant Secretary 99 of 300 LMS_12873_022017 No. 5133-4 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CER'T'IFY, That, pursuant'to the insurance Code of the State' of California, i The Obio Casualty Insurance Company of iVew Hampshire, organized under the laws of New Hampshire, subject to its Articles of Incorporation or otherfundamental organizationaldocuments, is hereby authorizedto transact within this State, .s4ectio all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Plate Glass, Liability, Workers' Compensation, Common Carrierliability, Boiler and Machinery, Burglary, Credit, Sprinkler, Automobile and Miscellaneous' as such classes are now or may hereafter be defined in the Insurance Laws of the State of Caifornia, THIS CERTIFICATE is expressly conditioned upon. the holder hereof now and hereafter being in full compliance with all; and not in violation of airy, of the applicable laws and lawful requirements made under authority of the laws of the State ofCal fornia as long as such taws or requirementsare in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended IN wn'NESS WHEREOF, effective as of the 19* day of March 2013,1 have hereunto set my hand and caused my official seat to be mixed this 19" day of March 2013, Dave Jones tnsutar�ce Goixmtsatwar By . Valerie J. Sarfaty for Nettie Hoge Chkf ikputy N(YrICE, Quadificatdon with the Secretary of State mint be accomplished as required by the California Corporations Cade promptly after issuance ofthis Certificate ofAuthority. Failure to do so will be a violation of Insurance Code seoHon 701 and wdii be Wolin s for revol dng dila Certdficate of Authority pursuant to the covenants made in tdse application therefor and the conditions contained heroin. 1.3.7 BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'S Name and Street Address: a�3 (01 4PX &,fid (1, ECJ f, - LAK -e, for s f , CH qa co 3 O 2. CONTRACTOR'S Telephone Number: (M uso- gy00 Facsimile Number: (Iqq) LOBO --Wg& 3. CONTRACTOR'S License: Primary Classification AM (J P -7 State License Number(s) 220513 Supplemental License Classifications , 4. Is the Bidder/Contractor registered in accordance with Labor Code § 1725.5 [Note: failure to register requires the City to reject Contractor's bid as nonresponsive]? Yes 11� No ❑ 5. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety: The Chto 6asu W ln5cA- rao e 0D . Address: %RO 1�� CI r . 34) L4 S 7E c90 D rmu n Ci} 9�B to8 Surety Company Agent: _ kq. rt'n gl i-fD Telephone Numbers: Agent ( 7/4-/ Y56 Surety '71'1 S l(D _12-32 6. Type of Firm (Individual, Partnership or Corporation): Cd{'',p. CITY OF CHINO HILLS - PART 1 1-23 1.3.7 BIDDER'S GENERAL INFORMATION (Continued) 7. Corporation organized under the laws of the State of: (i/1 8. List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or firm: I Ic hef I , Caroana Presi +�SeC , Tiesu re) - John hn Ga rua & u u. Lre st' rrt 9. No. of years experience as contractor in this specific type construction work: r-'2 i 10. List at least three related projects completed to date: a. Owner C Address 011 qa To rei Z ie9o, CA 110-1Z Contact bbl) Whik Phone 6Cp,q) 5a7--7(o3q Project (%M CItMeXlt CA\n\im 1�iGa Cin ---r- Class of Work NGckiw- V\fW+Ck+ Contract Amount 7" S9�,h �9. 37 Date Completed `! /ab1 4 b. Owner C(%V of San Dleoep Address 9/qJ -[bWZAV,S Y►�e,,In, (f Contact AW, 5 m l44i Phone (Bsa) to l y - Project "\4M M,jijaa+JF�n Class of Work -at i 5 vi Contract Amount$ Date Completed 12 /�D I y CITY OF CHINO HILLS - PART 1 1-24 1.3.7 BIDDER'S GENERAL INFORMATION (Continued) C. Owner `xIe, (C)(Atyy� O ya Hao, u bk vv ak!s Dep' Address I I Sa E. T 1,& - S+ , Salta [hq., '1a70/ Contact P0 N�a51�' Phone Projectdason Peeiional -Park hnbi-W keskraiim Class of Work N VQba b4-}- &.�ffuhDn Contract Amount A (0 7q , 3qS. (p3 Date Completed �Z 4-a—) j 10. List the name and title of the person who will supervise full-time the proposed work for your firm: M 1 i -ch rr - 11. Is full-time supervisor an employee V OR contract services ? 12. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. CITY OF CHINO HILLS - PART 1 1-25