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American Asphalt South, Inc. A2017-113Recording 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 #: 2017-0379323 Titles: 1 NOTICE OF COMPLETION Fees Taxes Other PAID 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 August 4, 2017. The work of improvement is described as follows: Rehabilitation of Fairfield Ranch Road. from Soguel Canyon Parkway/Central Avenue to south end of Big League Dreams Sports Park Project. Date of Contract: May 9, 2017 Contract/Agreement No. A2017-113 Name of Original Contractor: American Asphalt South, 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: 9/13/2017 03:39 PM FV Pages: 1 .00 .00 .00 Fairfield Ranch Road from Soquel Canyon Parkway/Central Avenue to south end of Big League Dreams Sports Park, Chino Hills, CA (Legal description) The street address of said property is: None (If no street address has been officially assigned, insert "none") C HINO HILL APN: N/A Pa4l Montoya, Ass late Engineer STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO )ss CITY OF CHINO HILLS J I HEREBY CERTIFY THAT I am the Public Works Director for the City of Chino Hills. 1 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 declare under penalty of perjury, that the foregoing is true and correct. Executed on 1r�k 261, 2'p k-1 at City of Chino Hills, California. `l /n • r Nadeem Majaj, P.E.,,Public'Works Director .00 A2017-113 CITY OF CHINO HILLS AGREEMENT REHABILITATON OF FAIRFIELD RANCH ROAD - PROJECT NO. S17005 This Contract is made and entered into on the 23rd day of May, 2017, by and between the City of Chino Hills, a California General Law Municipal Corporation ("City") and American Asphalt South, Inc. ("Contractor"). City and Contractor do hereby agree as follows: The complete contract includes all of the Contract Documents, to wit: A. Formal Bid, dated April 20, 2017 B. Contractor's Bid (Bid Forms) C. Certificates of Insurance and Endorsements D. Notice of Award E. Notice to Proceed F. The Plans G. Standards Specifications for Public Works Construction 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: $160,705.40 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 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 iniury, 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 insured under all policies: the City, its officers, employees, and agents, City's Representative, the Engineer and his/her consultants, and each of their officers, employees, and agents, excepting workers' compensation. 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 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. N 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 One Hundred Sixty Thousand Seven Hundred five and 40/100 ($160,705.40) 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 acceptance of the project as complete by the City Council. 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. V. The Contractor shall commence the work required by this Contract within thirty five (35) days. 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 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. VI. 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. VII. 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. VIII. 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. IX. 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. a 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, California 91709 Consultant. American Asphalt South, Inc. Attention: Jeff Petty, Vice President P.O. Box 310036 Fontana, California 92331 The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service. 4 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 AMERICAN ASPHALT SOUTH, INC. L-7<— cw W Ray r ez (Si ature) Mayor C—� ATTEST: GAJ Cheryl balz City Clerk APPROVED AS TO FORM: Mark D. Hen ley City Attorney , &Coc /,&Xv. yip Awe&I (Title) (S' ature) Z l s4oe SPr �/ n1 . J e) RECEIVE 2417 APR 20 PM 1.- 29 CITY CLER� CHINO HILLS The following listed documents, identified in the lower right corner as "Bid 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: FAIRFIELD RANCH RD PAVEMENT REHABILITATION PROJECT NO. S17005 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 4"'1 Number 2 Date Number 3 Number 4 Number 5 Date Date Date Number 6 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 I 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: 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 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: 4 ,; 0 Bidder: ,4erl?ao (Sig dture) Title: CITY OF CHINO HILLS - PART I 1-11 Yce Ifrv,'eleol 1.3.2 UNIT PRICE BID SCHEDULE Schedule of Prices for the Construction of the: FAIRFIELD RANCH RD PAVEMENT REHABILITATION PROJECT NO. S17005 Item No. Description Est. Qty. Unit Unit Price Amount 1. Mobilization 1 LS $ $ 2. Provide Traffic Control 1 LS $�� , , QO $ /,41Qoa 00 3. Crack Seal 1 LS $ 6 �� '60 $ if ��,! 00 4 2 -inch thick Selective Grind 10,000 SF $ /,��f $ fQj. DD 2 -inch thick Selective AC 5. Overlay and AC patch work per 140 TN $ $ /��OD DO Engineer direction 6. Construct Conventional Type II 235,352 SF $ �,tQ $Slurry 1��p�p �!D Install Type E Inductive detector 7. Loop per Caltrans Standard 8 EA $l/QD $ ES -1C Install Type D Inductive 8. detector Loop per Caltrans 4 EA $ �(�Q $ Standard ES -1 C Remove old slurry or paint and 9. repaint water valve can covers 60 EA $ d-17. do $ 3 qm 40 per specifications CITY OF CHINO HILLS - PART 1 1-12 1.3.2 UNIT PRICE BID SCHEDULE Schedule of Prices for the Construction of the: FAIRFIELD RANCH RD PAVEMENT REHABILITATION PROJECT NO. S17005 (Continue) 10. Adjust water valve can cover to grade 1 EA $ iQ� �� ' $ Clean Manhole covers of 11. asphalt emulsion per 3 EA $ $ y✓`O.00 specifications Install Signage, Pavement Striping, Pavement Legends, 12. Pavement Markers, and 1 LS $ 0/yAM $ V, Owl D Repaint existing Bike Lanes per Plan and Specifications Total of All Items (1-12) of the Bid Schedule: $ ?- iamlireW S%Y; M �ds�49 ( rice in figures) xr/Jeyrn rW-Xw WOW lc ( rice in words) im/n/�I/ _$C4 241� Name of Bidder AWARD OF CONTRACT SHALL BE BASED ON THE LOWEST RESPONSIVE BID. CITY OF CHINO HILLS - PART 1 1-13 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 anv "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: 6r;od anrb % of Total Contract: ^01 Subcontractor's Name: Arp p i //arAeY` z c, Address: 40// 11,111n er- e4ytle License No. 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 X 1• ■ 2. Work to be Performed: ✓T9 ?�'PTf1'+ , /10064V % of Total Contract: •�y Subcontractor's Name: 6? G Address: i0Q'yD 65J-71 ,f el Awl � /ripe License No. 08.40$ 1.3.3 LIST OF SUBCONTRACTORS CITY OF CHINO HILLS - PART 1 1-14 INFORMATION REQUIRED OF BIDDER (cont') 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 X AMENE 3. Work to be Performed: .7 A" CCbrJJ' % of Total Contract.- Subcontractor's ontract:Subcontractor's Name: ZZs 11opek,r ✓'Py LOi�! 1�0✓I�.Ti�1�� Address: License No. 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 X 4. Work to be Performed: Subcontractor's Name: Address.- License ddress: 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 ❑ 1.3.3 LIST OF SUBCONTRACTORS INFORMATION REQUIRED OF BIDDER (cont') CITY OF CHINO HILLS - PART 1 1-15 5. Work to be Performed.- Subcontractor's erformed: Subcontractor's Name: Address: License No. % of Total Contract.- Is ontract: 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 ❑ 6. Work to be Performed.- Subcontractor's erformed: 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 ❑ CITY OF CHINO HILLS - PART 1 1-16 No ❑ 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: Sig ure City, State, Zip ,7e -l - le &el Title Contractor's License No. Federal I.D. No. (SEAL --if Bid is by a corporation) ATTEST IjPl-e , f<<K IyW­61 ��4 Zmele Address CqV/ Telephone (with area code) j 00 A/ Date Type of License CITY OF CHINO HILLS - PART 1 1-17 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 1-18 Company Profile Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information GUARANTEE COMPANY OF NORTH AMERICA USA (THE) ONE TOWNE SQUARE, SUITE 1470 SOUTHFIELD, MI 48076 Old Company Names Effective Date MID -STATE SURETY CORPORATION 12/20/2006 Agent For Service Vivian Imperial 818 WEST SEVENTH STREET SUITE 930 LOS ANGELES CA 90017 Reference Information NAIC #: 36650 California Company ID #: 4609-4 Date Authorized in California: 10/14/1999 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: MICHIGAN back to top NAIC Group List NAIC Group #: 0000 Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT FIRE LEGAL INSURANCE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER Page 1 of 2 https:Hinteractive.web.insurance. ca. gov/companyprofile/companyprofile?event=company... 04/07/2017 Company Profile SURETY TEAM AND VEHICLE back to top © 2008 California Department of Insurance Page 2 of 2 https://interactive.web. insurance.ca.gov/companyprofile/companyprofile?event=company... 04/07/2017 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: 1851 3 A "rlal�ue cw CONTRACTOR'S Telephone Number: (909) Facsimile Number: ( m) ywl— 9'e%9 CONTRACTOR'S License: Primary Classification 0 State License Number(s) �8y9�9 Supplemental License Classifications Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety: I!F& 144dea/ Address.- Surety ddress: Surety Company Agent: Telephone Numbers: Agent ( ) Surety ( ) Type of Firm (Individual, Partnership or Corporation): ("yort'40.0 Corporation organized under the laws of the State of: 61J'7;M;1 CITY OF CHINO HILLS - PART 1 1-22 BROKERS & SURETIES FROM WHOM THE BIDDER INTENDS TO PROCURE INSURANCE AND BONDS BONDING AGENT: INTERWEST INSURANCE SERVICES, INC. 1357 E. LASSEN AVENUE CHICO, CA 95973 (530)897-3154 SURETY COMPANY: GUARANTEE COMPANY OF NORTH AMEBIC, USA ONE TIME SQUARE, SUITE 1470 SOUTHFIELD, MI 48076 (248)281-0281 INSURANCE AGENT: INTERWEST INSURANCE SERVICES, INC. 368 E. YOSEMITE AVENUE, SUITE 100 MERCED, CA 95340 (209)724-2324 1.3.7 BIDDER'S GENERAL INFORMATION (Continued) 7. 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: 14ee4 - 14 -A, -Cl 471 Ly/ f24 de - Am��i 8. No. of years experience as contractor in this specific type construction 2 work: ,je 9. List at least three related projects completed to date: a. Owner see 10414c4e ' Z;J- - Address Contact Phone Project Class of Work Contract Amount Date Completed b. Owner _ Address Contact Phone Project Class of Work Contract Amount Date Completed. 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Owner Address Contact Phone Project Class of Work Contract Amount Date Completed 10. List the name and title of the person who will supervise full-time the proposed work for your firm: Tse _zl id41' — s),&n4yor 11. Is full-time supervisor an employee a 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 1-24 1.3.6 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, American Asphalt South, Inc. as Principal, and The Guarantee CoMp_q_py of North America USA 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 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 7 day of April , 2017. 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 Fairfield Ranch Rd, Pavement Rehabilitation, Project No. S17005 NOW, THEREFORE, a. If said Bid shall be rejected, or b. If said Bid shall be accepted and the Principal shall execute and deliver, within ton (10) 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 fumishing 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 Bond shall 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 HILLS - PART 1 1-19 13.6 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): ATTEST (If Corporation): By Title�C_P_ (Corporate Seal) ATTEST: By ... Title (Corporate Seal) PRINCIPAL: American Asphalt South, Inc. By _ �;Ow / I . lz� Title The Guarantee Company of North SURETY: America USA am-ra ,MM MO Title Sara Walliser, 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 1-20 1.3.5 BID BOND (page 3 of 3) Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative in California if different from above) (Telephone Number of Surety and Agent or Representative in Califomia) The Guarantee Company of North America USA One Towne Square, Suite 1470 Southfield, MI 48076 Vivian Imperial 818 West Seventh Street, Suite 930 Los Angeles, CA 90017 (925) 566-6040 CITY OF CHINO HILLS - PART 1 1-21 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 Butte On April 7, 2017 before me, Elizabeth Collodi, Notary Public (insert name and title of the officer) personally appeared Sara Walliser who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/Em subscribed to the within instrument and acknowledged to me that im/she/td*executed the same in *s/her/kmixauthorized capacity*3), and that by ifisther/l 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. WITNESS my hand and official seal Signature ELIZABETH COLLODI It COMM. # 2056602 > NOTARY PUBLIC • CALIFORNIA COUNTY OF BUTTE w �I RORMComm. Expires FEB. 1, 2018 Ir ME The Guarantee Company of North America USA GUARANTEE" POWER OF ATTORNEY Southfield, Michigan KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Renee Ramsey, Richard W. Pratt, John Hopkins, Elizabeth Collodi, Bobbie Beeny, Nancy Luttenbacher, Phillip O. Watkins, Keith T. Schuler, Melissa D. Diaz, Shawna Johnson, Mindy Whitehouse, Jennifer Lakmann, Sara Walliser, John J. Weber, Stephanie Agapoff InterWest Insurance Services, LLC its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory In the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attomey is executed and may be certified so, and may be revoked, pursuant to and by authority of Artide IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31st day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorneys) -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attomey-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 2nd day of October, 2015. THE GUARANTEE COMPANY OF NORTH AMERICA USA eIL STATE OF MICHIGAN Stephen C. Ruschak, President & Chief Operating Officer County of Oakland Randall Musselman, Secretary On this 2nd day of October, 2015 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly swom, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2018 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. TE& IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 7 day of April 2017 A G3' �osZ "' Randall Musselman, Secretary STATE OF CALIFORNIA DEPARTMENT OF INSURANCE N4 08305 SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY THAT,, Pursuant to the Insurance Code of the State of California, The Guarantee Company of North America USA Of Michigan , organized under the laws of Michigan subject to its Articles of Incorporation or otherfimdamental organizational documents, is hereby authorized to transact within the State, subject to all provisions of this Certificate, the following classes of insurance: Surety as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended, IN WITNESS WHEREOF, effective as of the 20th day of December 2006 , I have hereunto 1 set my hand and caused my official seal to be affixed this 20th day of December 2006 John Garamendi Insurance Commissioner By Patricia K. taggs for Richard D. Baum am,, Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code Section 701 and will be grounds for revoking this Certificate of Authority pursuant to the convenants made in the application therefor and the conditions contained herein. ro"I Ca.J OSP 00 99991