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Bond Blacktop, Inc.BIDDER: Bond Blacktop, Inc. SECTION 1 -BID SCHEDU-L-L~ CBF-1 BIDDER: Bond Blacktop, Inc. BID SCHEDULE SCHEDULE OF PRICES FOR ANNUAL 2008-2009 SLURRY SEAL PROJECT CDBG PROJECT No. P46402 BASE BID SCHEDULE UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 1 Clearing & Grubbing per plans and specifications. See technical specifications TP2 & TP3. LS 1 S0 ppa 0 2 Disposal of Waste Materials LS 1 I co WD 3 Crack Sealing LS 1 ppp lS 4 Slurry Seal Type II - See exhibit "A" & "B" per street locations & areas. ELT 750 p6 30 '97 Sbo 5 Traffic Striping and Pavement Markers - See exhibit "C" per details. LS 1 TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$ , Rn oqL to Dollar amount in written The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above. The owner can choose to include one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the Project. CBF-2 BIDDER: Bond Blcktop, Inc. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of 107 Dollars said amount being not less than ten percent (10%) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this 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 Professional 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 he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts and subject to the terms and conditions described in the Contract Form and the Contract Documents. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. Addenda Nos. None The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF-3 BIDDER: Bond Blacktop, Inc. By: Alit'i 4-fa Signature Edward Dillon Type or Print Name President Title 2828 Faber Street Business Street Address Union City, CA 94587 City, State and Zip Code (510) 441-9981 Telephone Number Bidders/Contractor's State of Incorporation: California Partners or Joint Venturers: Bidder's License Number(s): NOTES: 746432, A N/A 1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the representations made on the Contract Bid Forms. 2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address 3) If Bidder is a partnership or joint venture, give full names of all partners or joint venturers. As further discussed in the Instructions to Bidders, Bidder will be required to provide evidence that the person signing on behalf of the corporation, CBF-4 BIDDER: Bond Blacktop, Inc. SECTION 2 BID DATA FORMS CBF - 5 E3/ON009 TUE-17;05 FAg 510 441 9982 BIDDER: Bond Blacktop, Inc. Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid necessary to adequately provide Data Forms. Bidders shall prepare and use as many sheets ar of its Bid Data Forms are properly the information required. Bidder shall ensure that every page identified with the Bidders name and page number. 2.A 9220- ND KNOW ALL MEN BY THESE PRESENTS: r THAT Bond Blacktop, Inc. Princlpal, and RLI Insurance corn an . as Sui t CITY OF RC Ten Percent called as are held firmly bound unto the OWNER) in the sum of 02/002 - -1 o s - - being not less than ten percent (10%) of the Total Bid Price; for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work required for the Annual 2008-2009 Slurry Sea] Project as set forth In the Notice Inviting Bids and accompanying Bid Documents, dated March 18, NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the OWNER and, within the time and in the manner required by the above- referenced Bid Documents, enters into the written form of Contract bout with o i aBid Documents, furnishes the required bonds (one to guarantee Pe and the other to guarantee payment for labor and materials) furnishes the required insurance certificates and endorsements, and furnishes any other certifications as may be required by the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the OWNER and Judgment is recovered, said Surety shall pay all costs incurred by the OWNER in such suit, including reasonable attomeys' fees to be fixed by the court. SIGNED AND SEALED, this 6th day of March 20-U r Bond Blacktop, Inc. (SEAL) Principal By. By: Signature Edward Dillon, President RLI Insurance Company(SEAL) Surety ~z Lit Signature Erin Bautista, Attorney-in-Fact CBF-6 . ACKNOWLEDGMENT On State of California County of Santa Clara March 6, 2009 before me, Jean L. Neu, Notary Public (insert name and title of the officer) personally appeared Erin Bautista who proved to me on the basis of satisfactory evidence to be the person(sc whose name(s) is/ace subscribed to the within instrument and acknowledged to me that kwshe/fte~c executed the same in :kWher/2t>ir authorized capacity(iE4 and that by>itherAhair signature(s) 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 m hand and official seal. i. JEAN L. NEU y £ Commission # 1626520 ca . Notary Public - California ^ fy San Mateo County P "v r=m. Expires Dec 21, 2009 (Seal) L Signatur RLI Surety POWER OF ATTORNEY RLI P.O. Box 3967 1 Peoria, IL 61612-3967 Phone: (800)645-2402 1 Fax: (309)689-2036 RLI Insurance Company www.rlicorp.com Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint: Brvan D. Martin. B.A. Poitevin. Bradley N. Wright. Carol Henry. Erin Bautista. Jean L. Neu. jointly or severally in the City of San Jose , State of California its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ($10,000,000) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 24th day of February 2009 ~yv CEO" RLI Insurance Company APO State of Illinois = ,SEAL . By: SS Roy C. Di Vice President County of Peoria L~IA.N o%% CERTIFICATE On this 24th day of February 2009 before me, a Notary Public, personally appeared Roy C. Die who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: Jac eline M. Bock r Notary Public "OFFICIAL SEAL" wr.,n o STATE JACQUELINE M BOCKLER u COMMSSION EXPIRES 03/01/10 1, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have herer set my h'qd an~the seal of h RU Insurance Company this t day of Marc h 09 RLI Insurance Company By: Roy C. D' Vice President 0465115030110 A0059207 BIDDER: Bond Blacktop, Inc. 2.B LIST OF PROPOSED SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one-half of one percent (greater than 0.5 of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, otherthan the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5%) of the Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. CBF-7 BIDDER: Bond Blackt 2.13 LIST OF PROPOSED SUBCONTRACTORS (continued) ["Duplicate Next 2 Pages if needed for listing additional subcontractors."] Name and Location Description of Work of Subcontractor to be Subcontracted Name: OAL-ie- ~~..~/,•„3 Address: Inc. Name and Location of Subcontractor Name: Address: Description of Work to be Subcontracted Name and Location of Subcontractor Name: Address: Description of Work to be Subcontracted Name and Location of Subcontractor Name: Address: Name and Location of Subcontractor Name: Address: Description of Work to be Subcontracted Description of Work to be Subcontracted CBF-8 BIDDER: Bond Blacktop, Inc. 2.C REFERENCES The following are the names, addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two (2) years: SEE ATTACHED 1. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed 2. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed 3. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed 4. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed CBF-9 BOND BLACKTOP, INC. P.O. Box 616 Union City, CA 94587 Ph: (510) 441-9981 Fax: (510) 441-9982 Contractor's License No. 746432 PROJECT REFERENCES CITY OF CONCORD 1950 Parkside Drive, MS/03 Concord, CA 94519-2578 Contact: Anita Bell-Karno (925) 671-3301 2007 Slurry Seal Program RFQ-2090 Completed: June 2007 Contract Amount: $713,063.00 CITY OF SAN JOSE 4420 Monterey Road San Jose, CA 95111 Contact: John Burchfiel (408) 277-4569 Slurry Seal 2008, Various Locations Completed: Contract Amount: $2,692,877.00 CITY OF SAN CLEMENTE 910 Calle Negocio, Ste. 100 San Clemente, CA 92673 Contact: Gary Voborsky (949) 361-6132 FY 08/09 Annual Street Slurry Sealing Program Completed: Contract Amount: $268,056.00 CITY OF FREMONT P.O. Box 5006 Fremont, CA 94537 Contact: Jayson Imai (510) 494-4732 Slurry Seal 2007, Proiect No. 8240 Completed: June 2008 Contract Amount: $520,248.00 CITY OF HOLTVILLE 121 W. Fifth Street Holtville, CA 92250 Contact: Fumi Hamanaka-Galvan (760) 337-3883 Street Improvement Project 2007/2008 Completed: April 2008 Contract Amount: $419,045.00 CITY OF INDIAN WELLS 44-950 Eldorado Drive Indian Wells, CA 92210 Contact: Bondie Baker (760) 776-0237 FY 07/08 Pavement Maintenance Proiect #93-70 Completed: May 2008 Contract Amount $297,135.00 CITY OF MERCED 678 West 18th Street Merced, CA 95340 Contact: James Ainslie (209) 385-6923 2007 Slurry Seal, Phase 2, Proiect No. 107072 Completed: January 2008 Contract Amount: $1,209,380.00 CITY OF NATIONAL CITY 1243 National City Blvd. National City, CA 91950 Contact: Byron Wade (619) 244-3418 Slurry Seal Project FY 07-08 Specification No. 07-03 Completed: Contract Amount: $321,550.00 acctng/masters/2007-2008C'ityJobReferenccs Rev.3/ 17/2009 BOND BLACKTOP, INC. P.O. Box 616 Union City, CA 94587 Ph: (510) 441-9981 Fax: (510) 441-9982 Contractor's License No. 746432 PROJECT REFERENCES CITY OF PALMDALE 38300 Sierra Highway Palmdale, CA 93550 Contact: Mike Livingston (661) 267-5300 2007 Street Slurry Seal Program Project #589 Completed: May 2008 Contract Amount: $227,004.00 CITY OF CORONADO 1825 Strand Way Coronado, CA 92118 Contact: Ngyra Stebbins (619) 522-2423 Slurry Seal Pavement Maintenance FY 07-08 Contract No. 08-CO-ES-383 Completed: July 2008 Contract: $305,582.00 CITY OF SALINAS 200 Lincoln Avenue Salinas, CA 93901 Contact: Mark Cook (831) 758-7379 08/09 Street Rehab. & Parking Lot Resurfacinq and Improvement Proiect #9438 and 9106 Completed: Contract Amount: $2,433,335.00 CITY OF SAN CLEMENTE 910 Calle Negocio, Suite 100 San Clemente, CA 92673 Contact: Gary Voborsky (949) 361-6132 FY 08/09 Annual Street Slurry Sealing Program Completed: Contract Amount: $268,056.00 acctng/masters/2007-2008CityJobReferences Rev.3/ 17/2009 BIDDER: Bond Blacktop, Inc. SECTION 3 NON-COLLUSION AFFIDAVIT CBF-10 BIDDER: Bond Blacktop, Inc. NON-COLLUSION AFFIDAVIT In accordance with Public Contract Code Section 7106, the undersigned, being first duly sworn, deposes and says that he or she holds the position listed below with the bidder, the party making the foregoing bid, 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. Signature Edward Dillon, Typed or Printed Name President Title Bond Blacktop, Inc. Bidder Subscribed and sworn before me This day of , 20 (Seal) **SEE ATTACHED NOTARY ACKNOWLEDGEMENT** Notary Public in and for the State of California My Commission Expires: CBF - 11 ACKNOWLEDGMENT On State of California County of Alameda ) March 17, 2009 before me, Kristin Ericson, Notary Public (insert name and title of the officer) personally appeared Edward Dillon who proved to me on the basis of satisfactory evidence to be the person(* whose nameW isfafe subscribed to the within instrument and acknowledged to me that he/stleltheq executed the same in hisAief4heif authorized capacity0es), and that by his herftheirsignature* on the instrument the person(*, 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. KRISTIN ERICSON WITNESS my hand and official seal. Commission # 1789089 a • a Notary Public - California Alameda County I Comm. Jon 18.2012 Signatur• (Seal)