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HomeMy WebLinkAbout2008 CON Bond Blacktop - Slurry Seal FY 07-08CONTRACT NATIONAL CITY SLURRY SEAL PROJECT, FY 07-08 SPECIFICATION NO. 07-03 THIS CONTRACT, made and entered into this 20th day of May 2008 by and between the City of National City, California, herein after designated as the "City", and Bond Blacktop, Inc.. hereinafter designated as the "Contractor". WITNESSETH: that the parties hereto do mutually agree as follows: 1. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, the Contractor agrees with the City to furnish all materials and labor for: NATIONAL. CI1Y SLURRY SEAL PROJECT, FY 07-08 SPECIFICATION NO. 07-03 and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the plans and specifications therefore; to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore; and to do everything required by this agreement and the said plans and specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Contract, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said specifications are expressly stipulated to be borne by the ('ity and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said plans and specifications, the City will pay and the Contractor shall receive in 11.111 compensation therefore the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the specification, named in the bidding sheet of the proposal, as the case may be. 3. The City hereby promises and agrees to employ, and does hereby employ said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid and hereby conditions set forth in the specification; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. CONTRACT (CONTINUED) NA"11ONAI. CITY SI,I?RRY SEAL PROJECT, FY 07-08 SPECIFICATION NO. 07-03 4. The Notice Inviting Bids, Instructions To Bidders, Bid Proposal, Bonds, The Plans and Specifications, General Provisions and Special Provisions, and all amendments thereof, arc hereby incorporated in and made part of this Contract. 5. The Contractor shall assume the defense of and indemnify and save harmless the City of National City and its officers, employees, and agents, including the private engineer, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from this Contract, or the performance of the work, regardless of responsibility or negligence. 6. Claims, disputes and other matters in question between the parties to this Contract, arising out of or relating to this Contract or the breach thereof, may be decided by arbitration if both parties to this Contract consent in accordance with the rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. No arbitration arising out of or relating to this Contract, shall include, by consolidation, joinder or in any other manner, any additional person not a party to this Contract except by written consent containing a specific reference to this Contract and Signed by CONTRACTOR, CITY, and any other person sought to be joined. (Any Consent to arbitration involving an additional person or persons shall not constitute consent of any dispute not described therein or with any person not named or described therein.) This agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this Contract shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration is to he filed in writing with the other party to this Contract and with the American Arbitration Association. The demand is to be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event is the demand for arbitration to be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be final and judgement may be enter upon it in accordance with applicable law in any court having jurisdiction thereof. 7. The Contractor agrees to comply with all Local, State and Federal regulations and with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended. CONTRACT (CONTINUED) NATIONAL. CITY SLURRY SEAL PROJECT, FY 07-08 SPECIFICATION NO. 07-03 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in three counterparts, each of which shall he deemed an original the day and year first above written. CONTRACTOR: BY: Fa tritci gIJ/o� CITY: Title: President By: See Letter of Resolution Title: Federal ID. No. 77-0460791 By: Title: Mayor, City of National City ATTEST: By: Title: City Clerk, City of National City (Notarial acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Alameda On May 28, 2008 Date before me, } Kristin Ericson, Notary Public Here Insert Name and Title of the ON'warr personally appeared Edward Dillon Name(s) of S gner(s) KRISTIN ERICSON Commission 1176909 Notory Public - California r+i Alom.Wo County - 11_Corm• lbitsw,lon ?it Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are-subscribed to the within instrument and acknowledged to me that hehhehhey executed the same in hisiheetheireuthorized capacity(ies), and that by his/herkheir signatures) -on the instrument the person(e}, 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 h.nd and official seal., Signatur OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Contract Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: fl Individual ❑ Corporate Officer — Title(s): ❑ Partner —1-1 Limited fl General fl Attorney in Fact • Trustee ❑ Guardian or Conservator LI Other: Signer Is Representing: Signer's Name: Individual 17 Corporate Officer—Title(s): LJ Partner — u Limited C General ❑ Attorney in Fact LJ Trustee ❑ Guardian or Conservator 17 Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thmnh here 102007 National Notary Assrxiet on • 9350 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313-2402 • www.NatiaalNotaryag Item 05907 Reorder: Cal Toll-P'ec 1,500-876 6827 CONTRACT (CONTINUED) 'NATIONAL CITY SLURRY SEAL. PROJECT, FY 07-08 SPECIFICATION NO. 07-03 CORPORATE CERTIFICATE 1, Edward Dillon _ certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Edward Dillon , who signed said contract on behalf of the Contractor, was then President/Secretary/Treasurer of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. See Letter of Resolution 1, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: CONTRACT (CONTINUED) NATIONAL CITY SLURRY SEAL PROJECT, FY 07-08 SPECIFICATION NO. 07-03 PARTNERSHIP CERTIFICATE r`3i p` STATE OF COUNTY OF On this day of ) ss , 2008, before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notarial Scal) known to me to be _ of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: BOND BLACKTOP, Inc. COMPLETE ASPHALT MAINTENANCE Certification by Secretary of Corporate Resolution At the meeting of the Directors of Bond Blacktop, Inc., a corporation organized and existing under the laws of the State of California, duly called and held in accordance with the articles of incorporation and bylaws of the corporation at its office on April 22nd, 2004 at which a quorum of the directors was present the following resolution was adopted to wit: Resolved, that Edward Dillon, President and Secretary is hereby authorized to sign contracts/agreements in the name of and on behalf of Bond Blacktop, Inc. 1, Edward Dillon, Secretary of Rond Blacktop Inc., do hereby certify that I am Secretary of said corporation and that the above is a full, truc, and correct copy of a resolution of the Board of Directors of said corporation, duly adopted at the meeting held on April 22"d, 2004 and that said resolution has not been revoked or rescinded. In witness whereof, I have hereunto subscribed my name and affixed the seal of said corporation. 4 )24Q¢ Date Edward Dillon, Secretary P.O. Box 616, Union City, CA 94587 Phone (510) 441-9981 Fax (510) 441.9982 Contract Lic. 0746432 vv: tv, rvvv ♦1\a lv. VV l.a.a vav Al.,. VI/ JS 1 r. BOND #0474528 Premium: $3,715.00 PERFORMANCE BOND NATIONAL CITY SLURRY SEAL PROJECT, FY 07-08 SPECIFICATION NO. 07-03 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. , passed the day of May, 2008 has awarded to Bond Blacktop Inc., hereinafter designated as the "Principal", the National City Slurry Seal Project, FY 07-08, Specification No. 07-03. WHEREAS, said Principal is required under the terms of said contract to fiirnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and International Fidelity Insurance Company as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council', in the penal sum of Three Hundred Twenty One Thousand Five Hundred FoxLy Nine & 29/100S Dollars($ 321, 549.29) ) lawful money of the United States, for the payment of which suns well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, f only by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform thecovenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null -and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. 30 VV(IVSYVVV 11\1 1V$VV LI,. VSV ♦ll VVV10 L V V 11 V V V PERFORMANCE BOND (CONTINUED) NATIONAL CITY SLURRY SEAL PROJECT, FY 07-08 SPECIFICATION NO. 07-03 In the event suit is brought upon this •bond by the City of National City and judgement is recovered, the surety shall pay all costs incurred by the Council in such suit, including a reasonable attomey's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 19 th day of May , 2008. International Fidelity Insurance Company (Si)LA.Bond Blacktop By: Inc. (SEAL) By ' 9� (SEAL) (SEAL) Erin Bautist&, Attorney -in -fact Edward Dillon. President (SEAL) (SEAL) Surety Principal 31 V V' 1 V I IOV V V l l\ 1 SUS V V l 1 111, V 1 V l all. I/VVIN - V V V I V V V BOND #0474528 ,(See Attached Required California AllPurpose Notary Acknowledgment) PERFORMANCE BOND (CONTINUED) NATIONAL CITY SLURRY SEAL PROJECT, FY 07-08 SPECIFICATION NO. 07-03 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) COUNTY OF ) ) ss On this , 2008, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attomcy-in-fact of • the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): Notary Public in and for said County and State My Commission expires: APPROVED AS TO FORM: By: �id4,r George H. Eiser, III City Attorney 32 ACKNOWLEDGMENT State of California County of Santa Clara On May 19, 2008 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 persons whose name(s) is/ate subscribed to the within instrument and acknowledged to me that Ixadshe/ttne4c executed the same in Irks/her/their authorized capacity(ie# and that by)tristheritheir signature($ on the instrument the person({i), or the entity upon behalf of which the person(W 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 (Seal) JEAN L. NEU 4j Commission # 1626528 n Notary Public - California San Mateo County if My Comm. Expires Dec 21, 2009 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT a(>Ll\N..n<.:TL!1TLlTC!N���^� P� T✓y></fit/T�n'� T%i>�!7�..i>tin'T.G!4���41�i.>CS:>.!:�t!�.�✓,..�J,.+.J,.s�c.s:va�<; sjfls�:!gC!sje!•?�v'„N,4>C:v.. �g14�.•�a.,?ai �K.4jf!'.C:�c1 State of California County of Alameda On Nay 28, 2008 Date personally appeared before me, Edward Dillon Kristin Ericson, Notary Public Here Inert Name and Title al the officer Marvels) of Signer(s) KRISTI N ERICSON Commission 117890119 Notary Public - California Alameda County betbWon15,2012-[ Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose names) isfine subscribed to the within instrument and acknowledged to me that he/sh etthey executed the same in hisTh erftheir authorized capacity(iesj; and that by his/her/theirsignature( on the instrument the person(sJ; or the entity upon behalf of which the persoFtfsj-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 v h- and official seal. Signat OPTIONAL cure Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 1`-J`st Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(Ies) Claimed by Slgner(s) Signer's Name: ❑ Individual • Corporate Officer — Title(s): Li Partner — ❑ Limited 0 General C7 Attorney in Fact i_l Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Association • 9350 De RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): 0 Partner — ❑ Limited ❑ General ❑ Attorney in Fact U Trustee ❑ Guardian or Conservator U Other: Signer Is Representing: RIGHTTHUr,1BPRINT OF SIGNER Top of thumb hero Ave., P.O. Bo 2402 •Chalsnorth. CA 91313-2402. www.NabonMJolaryarg Item 45907 Reader. Ca4 Toe -Free 1-80-876-0827 VV11V;MVVV 111.1 1VOVV 14,41 V1V 141 VVVY .t. VVVI VVV • PAYMENT BOND NATIONAL CITY SLURRY SEAL PROJECT, FY 07-08 SPECIFICATION NO. 07-03 BOND #0474528 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of . the City of National City, by Resolution No. passed the _t day of _ _ , 2008 has awarded to Bond Blacktop, Inc. hereinafter designated as the 'Principal", the National City Slurry Seal Project, FY 07-08, Specification No. 07-03. WHEREAS, said Principal is required by. Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and international Fidelity Insurance Companyas surety, are held and firmly bound unto the it e Ru ilea wen y Oof tionan she uin ft called the "Council", in the penal sum of F t 3 i fl „ " i /4n r . ^ ":1 Fs ($ 4) i s,, - lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil 'Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an. amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. 33 / V V V l 3 %J 1 V/ V V 14l,1 V.LV ♦ l l V V V Y VVII VVV PAYMENT BOND (CONTINUED) NATIONAL CITY SLURRY SEAL PROJECT, FY 07-08 SPECIFICATION NO. 07-03 It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefor, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants •otherwise entitled to recover under any such contractor agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety 'above named, on the 19th day of May , 2008. • International Fidelity Insurance Company (SEAL) Bond Blacktop, Inc. (SEAL) By: (SEAL) By : E _ (SEAL) Erin Bautista,Attorney-in-Fact Edward Dillon, President (SEAT) (SEAL) Surety 34 Principal V../1 I V I IN V V V 1 111 1 V I V V l. W V S V ♦ 11 V V V O L V V V. V V V Bond #0474528 (See Attached Required California All Purpose Notary Acknowledgment) PAYMENT BOND (CONTINUED) NATIONAL CITY SLURRY SEAL PROJECT, FY 07-08 SPECIFICATION NO. 07-03 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF )ss On this day of , 2008, before me, the undersigned, a Notary Public in and for said County and State, personally • appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: APPROVED AS TO FORM: By: The CD� George H. Eiser, III City Attorney 35 ACKNOWLEDGMENT State of California County of Santa Clara On May 19, 2008 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 persons whose name( is/ate subscribed to the within instrument and acknowledged to me that he/she/they executed the same in kis/her/t{1'eir authorized capacity(ies* and that by-tsither#ttr signature(s) on the instrument the person(i), 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 (Seal) JEAN L. NE., Commission # 1626528 �:^�P"•��`•"" Notary Public - California s ft. San Mateo County My Comm. Expires Dec 21, 2009 Tel (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint BRADLEY N. WRIGHT, B.A. POITEVIN, JEAN I.. NEU, ERIN BAUTISTA, CAROL B. HENRY, BRYAN D. MARTIN, S. NICOLE EVANS San Francisco, CA. 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, stature rule regguulation, contract or otherwise and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, 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 its principal office. This Power of Attorney is executed, and may be revoked pursuant to and by authority of Article 3-Section 3, of the By Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attomeys-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 remove, al any time, any such attorney -in -fact and revoke the authority given. Further this Power of Attorney is signedand sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate hearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached, IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY STATE OF NEW JERSEY County of Essex Secretary On this 16th day of October 2007, before me came the individual who executed the preceding _instrument to mepersonally known and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. CERTIFICATION A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Nov. 21, 2010 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that 1 have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON 1N THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 19 th day of May 2008 Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT yj:,,:� :�i..y? w;!�j;:rvsj$/,rtinC!sjY,.'spas:N:�a..>✓,..jN,,:>J,,:>V,.:jN.>.�:it.:.><L.>:b>C:.�✓:S<,�,:iiS$ �;�cj3Cti1 n3 �S!@;N,•'+;S: Yj �R�!nC::\NsjVaj./,,:j.;:�t::>✓. rj<Sl\t :'q. State of California County of Alameda On May 28, 2008 Dale personally appeared before me, Edward Dillon } Kristin Ericson, Notary Public Here Insert Name and Tette of the Officer Name(s) of Seiner(s) KRISTIN ERICSON Commission # 1789089 Notary Public - California Alameda County _ _ _ _ `t�1Comm.rYesJan18.2012_I Place NoLny Seal Above who proved to me on the basis of satisfactory evidence to be the personfs)whose names) isfare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislber{their authorized capacity(ies), and that by hisin r1tImtr signature(e) on the instrument the person(s)7or 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 hayed and official seal. r`. Signature' OPTIONAL r _f k1 Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: _ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Cl Individual ❑ Corporate Officer — Title(s): ❑ Partner — IJ Limited 0 General f7 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing. RIGHTTHUM6PRINT OF SIGNER Top of thumb hero Signer's Name: ❑ Individual El Corporate Officer — Title(s): ❑ Partner — ❑ Umited ❑ General 0 Attorney in Fact fl Trustee ❑ Guardian or Conservator n Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 02007 National Notary Assoc aion • MO De Sob Ave., P.O. Box 2402 • Chatswnh, CA 91313-2402 • wwwNatiomalF o4aryorg Item 45907 Reorder Cal Toll -Free 1.800'87643827 EMERGENCY NOTIFICATION LIST NATIONAL CI-iY STREET RESURFACING PROJECT, FY 08-09 SPECIFICATION NO. 08-04 )ATE: In reference to Section 7-6 of the Standard Specifications my/our representatives at the construction site for the above subject project will be: Name Emergency Telephone Number(s) Mark Pierce (408) 639-0676 Name Emergency Telephone Number(s) Julio Rodriguez (408) 639--1172 I am aware that one of the named representative(s) shall be present at the work site whenever work is in progress. Further, each of these responsible persons can be contacted in an emergency situation and have complete authority to act on the Contractor's behalf. Signature of Contractor Edward Dillon President Name and Title See Letter of Resolution Signature of Contractor Name and Title Note: Two signatures are required if a corporation. 40 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Alameda On May 28, 2008 Date before me, } Kristin Ericson, Notary Public Here Insert Name and Title of the O11wur personally appeared Edward Dillon Narne(s) o1 Signer(s) KRISTIN ERICSON Commission # 1789069 Notary Public - California I Alameda County Comm. E! YesJan ie.2012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s)-whose name(s)-isyare-subscribed to the within instrument and acknowledged to me that heishelthe}rexecuted the same in hisfierftheir authorized capacity ie$ and that by hisfherftheir signature(ey on the instrument the person(s') or the entity upon behalf of which the person(e)-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 y I and official seal. Signatu signature Notary Puaw OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Emergency Notification List Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Slgner(s) Number of Pages: Signer's Name: E Individual L] Corporate Officer — Title(s): ❑ Partner — I I Limited I I General 11 Attorney in Fact J Trustee ❑ Guardian or Conservator I Other: Signer Is Representing: RIGHTTHINBPRINT OF SIGNER Top of thumb here Signer's Name: i Individual LII Corporate Officer — Title(s): C Partner — Cl Limited I-1 General "l Attorney in Fact Li Trustee El Guardian or Conservator L] Other: Signer Is Representing: RIG I-TTHUMBPRINT OF SIGNER Top of thumb here 02007 National Notary Association• 9350 De Solo Ave., PO Box 2402 • Chatsworth, CA 91313-2402• www.Nabona(Notary.org Ikon 45007 Rivrdor.Gall Toll -Free 1-800-876-6827 BOND BLACKTOP, Inc. COMPLETE ASPHALT MAINTENANCE Certification by Secretary of Corporate Resolution At the meeting of the Directors of Bond Blacktop, Inc., a corporation organized and existing under the laws of the State of California, duly called and held in accordance with the articles of incorporation and bylaws of the corporation at its office on April 22nd, 2004 at which a quorum of the directors was present the following resolution was adopted to wit: Resolved, that Edward Dillon, President and Secretary is hereby authorized to sign contracts/agreements in the name of and on behalf of Bond Blacktop, Inc. I, Edward Dillon, Secretary of Bond Blacktop Inc., do hereby certify that I am Secretary of said corporation and that the above is a full, true, and correct copy of a resolution of the Board of Directors of said corporation, duly adopted at the meeting held on April 22" d, 2004 and that said resolution has not been revoked or rescinded. In witness whereof, I have hereunto subscribed my name and affixed the seal of said corporation. 4 l'a2 04 Edward Dillon, Secretary P.O. Box 616, Union City, CA 94587 Phone (510) 441-9981 Fax (510) 441-9982 Contract Llc. #746432 BONDBLACK ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 5/27/2008 PRODUCER Commercial Lines - 831-431-2300 ABD Insurance & Financial Services 5615 Scotts Valley Drive Scotts Valley, CA 95066 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Bond Blacktop, Inc. P.O. Box 616 Union City, CA 94587 INsuRERA: National Fire Insurance Company of Hartford 20478 INSURER a American Casualty Company of Reading 20427 INSURER C: Transportation Insurance Company 20494 INSURER D: Seabright Insurance Company 15563 INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RCSPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NS NSRC TYPE OF INSURANCE POUCY NUMBER PDATE (MM/DD/UCY TY) DATE IMM/DD/YYIPOLICY N LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 2077702038 05/06/08 05/06/09 LAC!' OCCURRENCE S 000000 X DAMAGE TO RENTED uNLMISES (Ea oGwnence) S 300.000 CLAIMS MADE I X I OCCUR MED EXP (Any one person) $ 5.000 X PU Ded. $2,000 PERSONAL A ADV INJURY 5 1.000 000 GENERAL AGGREGATE S 2.000.000 GENII AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2000.000 7 POLICY n JCCT [ we B AUTOMOBILE LimearY ANY AUTO ALL OWNED AUTOS S BODIL Y INJURY (Per ncadent) $ X PROPERTY DAMAGE (Per aoudanp S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT 5 OTHER THAN EA ACC $ AUTO ONLY: ACC S C EXCESS/UMBRELLA LIABILITY OCCUR Li CLAIMS MADE DEDUCTIBLE RETENTION S 10,000 2077702055 05/06/08 05/06/09 EACH OCCURRENCE $ 9,000.000 XJ — AGGREGATE S 9,000,000 $ S X S D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECL.TIVF OH-ICER/MEMBER EXCLUDED? 11 yes describe antler SPECIAL PROVISIONS below BB1071530 10/1/2007 10/1/2008 WC STATU. H X OBY LIMITS OTVt CL EACH ACCIDENT $ 1,000.000 E.L. DISEASE. - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POI ICY I IMIT $ 1.000.000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS National City and its officers, ernployees and agents shall be named as Addi Tonal Insured as respects General Liability per the attached policy form G-140331-A99 with respect to Project: National City Slurry Seal Project FY 07-08 Specification No.07-03. 'Cancellation clause is In force per the attached endorsement form G-15115-A' CERTIFICATE HOLDER CANCELLATION Ten Day Notice for Nonce- ayment City of National City Attn: Office of the City Engineer 1243 National City Blvd. National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING INSURER WILL BBOHiYMIOCOORAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ImrTTAID RIE €OODa IIMOBBMWMAXMCIOUJOBOZACCOXVIMONSINDOMIniedbitebeenaleoWEIReaftxx FIMORIMPPOSIVEM AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) 1 of 2 152197 o ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25S (2001/08) 2 of 2 #S915260/M915043 cNA G-140331-A99 (Ed. 10/01) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C.1. OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS - COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy # 2077702038 Eff: 05/06/08 05/06/09 SCHEDULE Name of Person or Organization: City of National City Designated Project: National City and its officers, employees and agents shall be named as Additional Insured as respects General Liability per the attached policy form G-140331-A99 with respect to Project: National City Slurry Seal Project FY 07-08 Specification No.07-03. (Coverage under this endorsement Is not affected by an entry or lack of entry in the Schedule above.) A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization, including any person or organization shown in the schedule above, (called additional insured) whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily Injury" "property damage," or "personal and advertising injury." B. The insurance provided to the additional Insured is limited as follows: 1. That person or organization Is an additional insured solely for liability due to your negligence and specifically resulting from "your work" for the additional Insured which Is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The coverage provided to the additional Insured by this endorsement and paragraph f. of the definition of "Insured contract" under DEFINITIONS (Section V) do not apply to "bodily injury" or "property damage" arising out of the "products -completed operations hazard" unless required by the written contract or written agreement. 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury' arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, or inspection activities performed as part of any related architectural or engineering activities. C. As respects the coverage provided under this endorsement, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as follows: 1. The following is added to the Duties In The Event of Occurrence, Offense, Claim or Suit Condition: e. An additional Insured under this endorsement will as soon as practicable: (1) Give written notice of an occurrence or an offense to us which may result In a claim or "suit" under this insurance; (2) Tender the defense and Indemnity of any claim or "suit" to us for a Toss we cover under this Coverage Part; (3) Tender the defense and indemnity of any claim or "suit" to any other insurer G-140331-A99 Page 1 of 2 (Ed. 10/01) which also has insurance for a loss we cover under this Coverage Part and (4) Agree to make available any other insurance which the additional insured has for a Toss we cover under this Coverage Part. f. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional Insured. 1. Paragraph 4.b. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance b. G-140331-A99 (Ed. 10/01) Excess Insurance This insurance is excess over any other insurance naming the additional insured as an Insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing to the additional insured's own coverage. This insurance is excess over any other insurance to which the additional insured has been added as an additional insured by endorsement. G-140331-A99 (Ed. 10/01) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit." If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other Insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Page 2 of 2 OVA G-15115-A 2077702038 (Ed. 10/89) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES - NOTICE OF CANCELLATION OR MATERIAL COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part (other than the reduction of aggregate limits through payment of claims), we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Number of days advance notice: 30 2. Name: City of National City 3. Address: Attn: Office of the City Engineer 1243 National City Blvd. National City. CA 91950 PUBLIC WORKS CONTRACT AWARD INFORMATION Contract award information must be sent to your Apprenticeship Committee if you are approved to train. If you are not approved to train, you must send the information (which may be this form) to ALL applicable Apprenticeship Committees in your craft or trade in the area of the site of the public work. Go 1o: http:lhvww.dir.ca.govldasJPublicWorksForms.htm for information about programs in your area and trade. You may also consult your local Division of Apprenticeship Standards (DAS) office whose telephone number may be found in your local directory under California, State of, Industrial Relations, Division of Apprenticeship Standards. Do not send this form to the Division of Apprenticeship Standards. NAME OF YOUR COMPANY Bond Blacktop, Inc. CONTRACTORS STATE LICENSE NO 746432 MALNG AGGRESS- MINCER & STREET, CITY, 2P CODE P.O. Box 616, Union City, CA 94587 AREA CODE & TELEPHONE N0. (510) 441-9981 NAME S AWRESS OF PUBLIC WOWS PROJECT National City Slurry Seal Project, FY 07-08 Specification No. 07-03 DATE YOUR CONTRACT EXECUTE May 2008 DATE OF EXPECTED CR ACTUAL START DF PROJECT June 2008 NAME & ADDRESS Of PUBLIC AGENCY AWARLING CONTRACT City of National City 1243 National City Blvd., National City, CA 91950 ESTIMATE NUMBER OF JOUINEYMEN HOUR. 1345 OCCUPATION OF APPRENTICE Slurry Seal Worker THIS FORM I5 BEING SENT TO (NAME & ADDRESS OF APPRENTICESHIPPROGRAM(S)) ESTIMATED NUMBER OF APPRENTICE HOURS 335 Southern California Pavement Striper, Road Slurry, Seal Coat and Highway Maintenance JAC 1074 E. La Cadena Drive #9 Riverside, CA 92501 APPRO)OMATE DAMS TO IE EAPLOYE August 2008 COPY 2. 3. This is not a request for dispatch of apprentices. Contractors must make a separate request for actual dispatch, in accordance with Section 230.1(a) California Code of Regulations Check One Of The Boxes Below We are already approved to train apprentices by the Apprenticeship Committee. We will employ and train under their Standards. We will comply with the standards of Enter name of the Committee Apprenticeship Committee for the duration of this job only. Enter name of the Committee We will employ and train apprentices in accordance with the California Apprenticeship Council regulations, including § 230.1 (c) which requires that apprentices employed on public projects can only be assigned to perform work of the craft or trade to which the apprentice is registered and that the apprentices must at all times work with or under the direct supervision of journeyman/men. rAS 140 (REV 1/04) Signature Typed Name Title 0 Kris Ericson Date •D J \w Project Assistant State of California - Department of Industrial Relations DIVISION OF APPRENTICESHIP STANDARDS CITY OF NATIONAL CITY BUSINESS LICENSE APPLICATION 1243 National City Blvd., National City, CA 91950 PLEASE TYPE OR PRINT. UCENSE WILL NOT BE ISSUED IF REQUIRED INFORMATION IS INCOMPLETE. ENCLOSE PAYMENT WITH APPUCATION. MAKE CHECKS PAYABLE TO THE CITY OF NATIONAL CITY. A. GENERAL INFORMATION BUSINESS NAME (O.BA OR INDIVIDUAL NAME) CORPORAT1OPPNAME 1 DIFFERENT FROM DB.A.) tIT LOCAL BUSINESS PHONE 0)44/—YR/ LOCATION IN NATIONAL CITY aR STREET eAME MAILING ADDRESS AND/OR P.O. BOX ROOM/SUITE NO. NUMBER Z fib Lei OI STREET NAME / 1-� b S�. E3Y , ROOM/SUITE NO. P.O. BOX NO. 0< s_�., 6);- �'2 �• CITY / ,,{) Vl'11 ��r ; S1ATE ZIPCODE 4 87 8101E NUMBER AT MALMO SS. MIKE AREA CODE. ( f 99 0 f APPLICANTS COPY CITY OF NATIONAL CITY Finance Department 619 336-4330 National City 2 / 26737 06/05/2008 13:24:07.000 Reg WXPCASHF1 Validation Receipt CHARGES- 001-00000-3040 BL. 62787 $ 200.00 Sub -total $********200.00 PAYMENT - Cash $ 200.00 Change $**********0.00 THANK YOU! Business Hours: 7:00 - 6:00 Monday through Thursday Closed on Fridays BUS# LID# ALL LICENSES EXPIRE DECEMDER 31 RENEWALS ARE DUE BY FEBRUARY 28 THIS STUB WHEN VALIDATED IS YOUR OFFICIAL RECEIPT FROM THE : City of National City BUSINESS LICENSE DIVISION (619) 336-4330 TAXES $ MISC $ PENALTY $ TOTAL $ RESOLUTION NO. 2008 — 85 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT IN THE AMOUNT OF $321,549.29 TO BOND BLACKTOP, INC. FOR THE NATIONAL CITY SLURRY SEAL PROJECT WHEREAS, the Engineering Department of the City of National City did, in open session on May 12, 2008, publicly open, examine, and declare five sealed bids for the National City Slurry Seal Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Slurry Seal Project to the lowest responsive, responsible bidder, to wit: BOND BLACKTOP, INC. BE IT FURTHER RESOLVED by the City Council that the Mayor is hereby authorized to execute on behalf of the City a contract between Bond Blacktop, Inc. and the City of National City in the amount of $321,549.29 for the National City Slurry Seal Project. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of May, 2008, Ron Morrison, Mayor ATTEST: Mi ael R. Dalla, ity Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on May 20, 2008 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California 474tiab City C erk of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-85 of the City of National City, California, passed and adopted by the Council of said City on May 20, 2008. City Clerk of the City of National City, California By: Deputy ca00%.-a , City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 20, 2008 AGENDA ITEM NO. 8 ITEM TITLE A Resolution of the City of National City to award a contract in the amount of $321,549.29� to Bond Blacktop, Inc. for the National City Slurry Seal Project and authorizing the Mayor to sign the contract (Funded by Gas Tax and Traffic Congestion Funds) PREPARED BY Alberto Griego EXPLANATION See Attached Explanation. DEPARTMENT Engineering EXT. 4386 Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director The total cost of the project is estimated to be $418,014.29. This amount is within the estimated budget for this project. Funding is available through Gas Tax Fund Account No 109-409-500-598-6035, and Traffic Congestion Relief Fund Account No. 345-4091500-598-6035. Account No. STAFF RECOMMENDATION Ad p e Resol OARD / COMMISSIQN RECO ' ENDATION N/A ATTACHMENTS (Listed Below) 1. Resolution 4. List of Streets 2. Bid Opening Sheet 3. Bid Summary Resolution No. a J o • F' slurry A-200 (Rev. 7/03) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 June 18, 2008 Mr. Edward Dillon Bond Blacktop, Inc. P.O. Box 616 Union City, CA 94587 Dear Mr. Dillon, On May 20v', 2008, Resolution No. 2008-85 was passed and adopted by the City Council of the City of National City, awarding a contract to Bond Blacktop, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed original agreement. Sincerely, Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept. ® Recycled Paper