HomeMy WebLinkAboutZondiros Corporation - Pump Station RehabilitationCONTRACT
NATIONAL, CITY PUMP STATION REHABILITATION
SPECIFICATION NO, 04-08
THIS CONTRACT made and entered into this 3`d day of April, 2007 by and between the City of
National City, California, herein after designated as the "City", and Zondiros Corporation
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 CITY PUMP STATION REHABILITATION PROJECT
SPECIFICATION NO. 04-08
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 Toss 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 City 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 full 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,
CONTRACT (CONTINUED)
NATIONAL CITY PUMP STATION REHABILITATION
SPECIFICATION NO. 04-08
executors, administrators, successors and assigns, do hereby agree to the full performance of the
covenants herein contained.
4. The Notice Inviting Bids, Instructions To Bidders, Bid Proposal, Bonds, The Plans and
Specifications, General Provisions and Special Provisions, and all amendments thereof, are
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 be filed in writing with the other party to this
Contract and with the American Arbitration Association. I'he demand is to he 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 he final and
judgment may be enter upon it in accordance with applicable law in any court having jurisdiction
thereof.
CONTRACT (CONTINUED)
NATIONAL CITY PUMP STATION REHABILITATION
SPECIFICATION NO. 04-08
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.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in
three counterparts, each of which shall be deemed an original the day and year first above
written.
CONTRACTOR:
By:
Title:
CITY:
Federal ID. No.
By:
By:
I'itic: >g n1 T
55-y7Ig37
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.)
CONTRACT (CONTINUED)
NATIONAL CITY PUMP STATION RE.HAHILITATHON
SPECIFICATION NO. 04-08
CORPORATE CERTIFICATE
I, I o/`t ZcY/DI 4.3 _ _ certify that I am the Secretary of the Corporation
named as Contractor in the foregoing Contract; that
Tom Z-avDlRaS , who signed said contract on behalf of the
Contractor, was then es/Dui T 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.
1, —7-0;4 Zots'D1k03 rtify that I am the Secretary of the Corporation
named as Contractor in the foregoing Con act; at
_ to signed said contract on behalf of the
Contractor, was then t]ICE F • / of said
Corporation; that said contract was . ed f r and in behalf of said Corporation by authority
of its governing body and is within ..c of s corporate powers.
Corporate Seal:
CONTRACT (CONTINUED)
NATIONAL CITY PIMP STATION REHABILITATION
SPECIFICATION NO. 04-08
PARTNERSIIIP CERTIFICATE
STATE OF
COUNTY OF
)ss
On this _ day of , 2007, before me, the undersigned, a Notary Public in
and for said Count and State, personally appeared:
(Notarial Seal)
known to me to be of the partners of the partnership
that executed the within instruient, and acknowledged to me that such partnership executed the
same.
Signature:
Name ('type or Print):
(Notary Publi • in and for said County and State)
My Conunission expires:
SCC /4ft8chErI Cc r ti 7' Cb' fC
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On
personally
1egt7
1 €/_ �7� f/�y ,
Dat9
appeared
TIMMERY L. CLARK
Commission • 1704462
Notary Public - California
Son Diego County
MyComn Wes Nov 13, 2010
Place Notary Seal Above
Though the information below is not r
and could prevent fraudule
Description of Attached Document
Title or Type of Document: -
Document Date:
r� oa ; c
Idle of Officer (e.y..'Jan Doe. Notary Pu c'1
personally known to me
- proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official
Signature of Notary Public
OPTION
uired by law, it move valuable to persons relying on the document
removal and reattachment of this form to another document.
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
11 Individual
Corporate Officer — Title(s): _
Partner — T Limited General
- Attorney in Fact
Trustee
-i Guardian or Conservator
- Other:
Signer Is Representing:
'pp of thumb here
Number of Pages:
Signer's Name:
11 Individual
Corporate Officer — Title(s): -.
Partner — Limited General
Attorney in Fact
Trustee
-1 Guardian or Conservator
L Other:
Signer Is Representing:
er 2004 Na0unal Notary Assodatron • 9350 De Soto Ave PO. Box 2402 • Chatsworth. CA 91313-2402
Item Nu. 5907
HIGHT THUMBPRINT
OF SIGNER
-cod tlurrb ^ore
Reorder Call ToIt-I-ree 1-B00-876-A827
BOND NUMBER: 4359780
BOND PREMIUM: 59,390.00 AND IS SUBJECT TO CHANGE BASED ON THE FINAL CONTRACT PRICE
PERFORMANCE RON1l
NA I IONAL CITY PUMP STATION RFHAB11.1 1ATION
SPECIFICATION NO. 04-08
KNOW ALL. MEN BY THESE PRESENTS: That
WITFRF.AS, the City Council of the City of National City, by Resolution No. 2007-61
passed the 3"t day' of April, 2007, has awarded to Zondiros Corporation, hereinafter designated as
the "Principal", the NATIONAL CITY PUMP STATION REHABILITATION PROTECT,
SPECIFICATION No. 04-08.
WHEREAS, said Principal is required under the terms of said contract to furnish a bond
for the faithful performance of said contract.
NOW, THEREFORE, we, the Principal and
SURETEC INSURANCE COMPANY
as surety, are held and firmly
bound unto the City Council of the City of National City, hereinafter called the "Council", in au: -
penal sum of $589,000 (FIFE HUNDRED .AND EIGHTY NINE 'THOUSAND DOLLARS)
lawful money of the United States, for the payment of which sent well and truly to be made, we
hind ourselves, our heirs, executors, administrators and successors, .jointly and severally, firmly
by these presents.
THE CONDhI'LON OF' THIS OBLIGATION iS SUCH 'fHA'1' 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 the covenants, conditions and
agreements in the said contract any alteration thereof made as therein provides, on his or their
part, to be kepi 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 terns of the contract or to the work to be
performed thereunder or the specifications accompanying the same shall in any wise atlect 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.
PERFORMANCE BOND (CONTINUFD)
NATIONAL iONAT. CITY PUMP STATION ATION REHABILITATION
SPECIFICATION NO. 04-08
In the event suit is brought upon this bond by the City of National City and judgment is
recovered, the surety shall pray all costs incurred by the Council in such suit, including a
reasonable atlomey's Ice 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 S y above
SURETEC INSUA "PAN
NAi
YUNG T. MULLICK, A
I
amed, on the
(SEAL)
(SEAL)
ORNEY-IN-FACT (SEAL)
Surety
APPROVED AS TO FORM
»t
George H. Elser. III
City Attorney
is day of APRIL 2007.
CORPORATION (SEAL)
(SEAT,)
(SEAL)
ZOND
AO
�..,s 11.- �.._
Principal
PERFORMANCE BOND (CONTINUED)
NATIONAL CITY PUMP STA LION RLHA13IL11ATION
SPECIFICATION NO. 04-08
ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY
STATE OF
C'Ot )NTY OF
On this day of
for said County
) ss
, 2007, before me, the undersigned, a Notary Public in rind
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
subscribed the name of said corporation thereto as
instrument, and acknowledged to me that he
Surety, and his own name as attorney -in -fact.
NOTE: Signature of those executing for I NOTE: The Attorney -in -fact must attach a
Surety must be properly certified copy of the Power of
acknowledged. Attorney.
Signature:
Name (Type or Print):
Notary Public in and for said County and_ State. _
My Commission expires:
APPROVED AS 1 O FORM:
By:
George N. Eiscr, 1II
City Attorney
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COI INTY OF
ORANGE )
On APRIL I3, 2007 before me. JENNIFER C. GIBONEY, NOTARY PUBLIC
NAME, OF NOTARY PUBLIC
personally appeared, YUJNG T. MtJLLICK
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
'&I 11
NO"I'ARYYUBLIC SIGNATURE
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT
DA'I'L OI' DOCUMIiN'I
JENNIFER C. MONEY
COMM. # I470955 3.3
Nora.— Public California t�
ORANGE COUNTY Y
My Comm. Expires February 17, 2008
(SEAL)
BOND NUMBER: 4359780
BOND PREMIUM: INCLUDED IN THE PERFORMANCE BOND COST
PAYMENT t3OND
NA'IIONAi. CI Y P(;MP STA I ION REUAUIL11A i ION
SPLCIFIC'ATION NO. 04-08
KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS, the City Council of the City of National City, by Resolution No.2007-61, passed the
3rd day of April, 2007 has awarded to Zondiros Corporation, hereinafter designated as the
"Principal", the NATIONAL CITY PUMP STATION RLIIABILiTATION PROJECT,
SPECIFICATION No. 04-0 ft.
WllERFAS, said Principal is required by Chapter 5 (commencing at Section 3225) and
Chapter 7 (commencing at Section 3247), 1 itle 15, Part 4, Division 3 of the California Civil
Code to furnish a pond in connection with said contract;
NOW. 1HERF.FORE, we, the Principal arid SURETECINSURANCE 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 FIVE HUNDRED EIGHTY NINE THOUSAND AND NO/100
lawful money of the United Stales, for the payment of which suns well and truly to be made, we
hind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly
by these presents.
THE CONDITION OF THIS OBLIGATION iS SUCII that il'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 wurk or labor performed by any such claimant,
or for any amounts required to he deducted, withheld. and paid over to the Franchise Tax Board
from the wages of employees of the Contractor and his subcontractors purstranl.to Sen iun.188.06 _
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.
PAYMENT BOND (CONTINUED)
NATIONAL CITY PUMP STATION RETTARII .i fA I ION
SPECIFICATION NO. 04-08
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 therefore, 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 contract or 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
pond, but the sole conditions of recovery shall be that claimant is a person described in Section
3110 or 31 12 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 /s day of APRIL , 2007.
SURETEC IN RAN E COMPANY (SEAL)
(SEAL)
YUNGT.MU , •'• �'NE N-FACT (SEAT,)
Surety
ZONDI
CORPORATION
Principal
(SEAT.)
(SEAL)
(SEAL.)
PAYMENT BOND (CONTINUED)
NATIONAL CITY PUMP STATION REHABILITATION
SPECIFICATION NO. 04-08
ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SUETY
STATE OF
COUNTY OF
) SS
On this day of , 2007, 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.
frOTE: Signature of those executing for
Surety must be properly.
acknowledged.
Signature:
NOTE.: The Attorney -in -fact must attach a
certified copy of the Power of
Attorney.
Name (Type or Print):
(Notary Public in and for said County and State)
My Commission expires:
APPROVED AS 'l'O FORM:
George H. Eiser, I11
City Attorney
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF ORANGE
On APRIL 13, 2007 before me. JENNIFER C. GIBONEY. NOTARY PUBLIC
NAME OF NOTARY PUBLIC
personally appeared, YUNG T. MULLICK
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
OTARY P BLIC SIGNATURE
OPTIONAL INFORMATION
TITLE OR TYPF. OF DOCUMENT
DATE OF DOCUMENT
�c ° . ''>� jENNIFER C. GIBONEY
f. COMM.#I470955
! r% Notar• Public California N
ORANGE COUNTY -'
+� I as tir Calm. Expires Ftruary 17, 2008
(SEAL)
roA #: 510002
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Jennifer C. Giboney, James W. Moilanen, Yung T. Mullick
of Mission Viejo, CA its true and lawful Attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to
execute, acknowledge and deliver any and all bonds, recobmizances, undertakings or other instruments or contracts of suretyship to
include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed
Five Million Dollars and no/100 ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the
premises. Said appointment shall continue in force until 10/31/08 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attomcy(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any ccrtifcate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20th of April,
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 20th day of June, A.D. 2005.
By:
State of Texas ss:
County of I larris
`' ' TEC I. PRANCE COMPANY
16,
401`
B.J. Ki reside t
On this 20th day of June, A.D. 2005 before me personally came B.J. King, to me known, who, being by me duly sworn, did depose and say, that he
resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows thc seal of said Company; that thc seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
lr+dt�V1�
Michelle Denny, Notary Pi►blic
My commission expires August 27, 2008
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect
Given under my hand and the seal of said Company at Houston, Texas this
Any Instrument Issued In excess of the penalty stated above Is totally void and without any validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and rz:00 ;e t CST.
Ma 01 UV 01:08p Zondiros Corp
7S12 1.O 327
. P
ACO z:
4/11;07 .r,
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ABWI At
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Ntoeucas 6194399-1386
Alliant Insurance Services
Cory Doucette
..,...-r,:,r .., .., .. . ,,,....,
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.
1620 Fifth Avenue
COMPANIES AFFORDING COVERAGE
San Diego, CA 92101-2703
4-
CCWANY
A Great American Assurance Co
_ .
INSURED
Zondiros Corporation
COMPANY
B resales inturans,., Company
2401 208th St., Ste C-8
Torrance CA 90501
COMPANY
C Ace Properly 11, Casualty
__
COMPANY
D
.IQQ.104r/gr':';',[Z.; .I:: I.:' IY''.'.i.i'.';: -..'!,'Il'.1:'-'' :JII..:1';',I..'.....-; .-IT'`.:',; ';','', '',.' ...,i.f.:..'!..5. ........ .'.''. I'i'I . IiMI".7,;,a;I:;., 'I,.4s:....;.;:.-!.,:::?:NI'q', ..:',.'Ili.': -I::::•;;.. ?;...e';.7. '.I...?,:',.' I. , -..,,,
THIS IS TO CERTIFY THA7 THE POL:CIES OF :NSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIRE_MENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH ntsrccr TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY FSRTAIN, THE INSURANCE AFFORDED BY THE PQUCIES DESCRIBED HEREIN tS SUBJECI TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE I POLICY EXPThLATION
LTR DATE OAM/DONT) , DA,E Baketootyyt
UMITS
A
GENERAL LIABILITY GLP9258£102
105/07 1 1111.1/08
GENERAL AGGREGATE
200:1330
4 1 COhittolUiCIA._ GENERAL uAsiLrm.
,q0ouc-s- COMPrJP AGG
.
S 2000LIC
- CI.AIL'S MADE 1 Xl OCCUR
.FREONAL & ADV INJURY
9 io0o7.,S
X C`htsER".,i & comitAci OR'S MGT
EACH OCCURRENCE
6 l000nns
,r;RF !DAMAGE tAry ar.e fra)
$ socco
MED EXP 'Amy ore persr.1)
9 Q
8 LAuToMoBaE
X
__
n.
LIABILITY
ANY A•itp
AL OWNED AL -CS
SCREDULED A..;T:E
FIRED Ali-DS
I I./OW.0'00.EO AUTOS:
BA8251360
THIS CERTIFICA
PREVIOUSLY ISSUED
3124/07
E REPLACES
CERTIFICATES
3124/08
COMrtiNED SINGLE LIMIT
1.1000CC
EOM} INJURY $
LIOUILY INJURY
ALL ,Par ACC -Welt) ' 9
FRO.E4rY DAMAGE $
GARAGE LIABILITY
AN i All r C
._ . , _ __
' .
AUTO DNLY EA ACC D2A7 G
CTI4F1 THAN ALIO ONLy•
EAI.:R ACC DENT $
AGGRKIATE $
EXCESS LLABUTY
UMBRELLA FCgM •
i 01"/-Ri 'HAN Imena.LA FORM
EACH OCCLMHENCE $
AGGREGA-E $
. 9
C
WORKERS COMPENSATION
EMPLOYERS' LIABILITY
THE PRCPP,ETOP;
PARINERS'EXECLITIVE
OFFICERS ARE:
AND C44774.902 1 1/15/07
EXCL
11;5/08
EL EAC/i ACC:DEPIT $ LODDr.,00
U. (DISEASE • POLICY LIMIT $ 10E0.700
EL OISEASE • EA EMPLOYEE I 9 1000000
OTPILYI
oEsoloinION OF oPERATiONSaotinoNsNolicLEWSPEctAL Ti-EMS
RE: NATIONAL CITY PUMP STAlION REHABILITATION
CITY OF NATIONAL CITY, ITS OFFICERS, EMPLOYEES, AND AGENTS ARE NAMED
ADDITIONAL INSURED.
qitri.F.1041*W40.0t ''.. ” ,•:•''i: .',- ''.':'.,;, • ,.. .i.S,C,',..'...,:',4,76‘.•.:.W. .
CITY OF NATIONAL CITY OFFICE
OF THE CITY ENGINEER
‘., NONAVIPit:Z5.,R,T, -'..tY.:::',14-, f -V,•-:;q•, - ' ,J,i7 g i;ii?,
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES Itr CANCELLED BEFORE THE
EXPIRATION DATE IHERE0P, n£ ISSUING COMPANY VALI 91181MWIlt-TO MAIL
30 DAYS wRrri6N NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
1243 NA r TONAL CITY BLVD
t/IPPYRILA.A vu aypIrlitlerNANcrrICE.BRALL IIIIPCISE9-99D-NOBNIAT1ON-819-EMERINTY
NATIONAL CITY, CA 91950
I
AbbiiI4.:2t.:$;:14Y0), :i••' •- , ,,,•••••:.'-s; il';'.4:: I'::?: 1 .','•.;: i:P:I•;-. '.' ilif4s..,,- •-., ,• ''''
RUTH EPLIM
..::::.,'.. - ......4:..', ''.5 .14A4.011P..V;Oatf: '140.1446$0.:
COMMERCIAL GENERAL LIABILITY
CG 20 33 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - AUTOMATIC STATUS WHEN
REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section tl - Who Is An Insured is amended to
include as an additional insured any person or or-
ganization for whom you are performing operations
when you and such person or organization have
agreed in writing in a contract or agreement that
such person or organization be added as an addi-
tional insured on your policy. Such person or or-
ganization is an additional insured only with re-
spect to liability for "bodily injury", "property
damage" or "personal and advertising injury"
caused. in whole or in part. by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured.
A person's or organization's status as an additional
insured under this endorsement ends when your
operations for that additional insured are com-
pleted.
CG20330704
B. With respect to the insurance afforded to these
additional Insureds, the following additional exclu-
sions apply:
This insurance does not apply to:
1. "Bodily injury", "property damage" or "personal
and advertising injury" arising out of the render-
ing of, or the failure to render, any professional
architectural, engineering or surveying ser-
vices, including:
a. The preparing, approving, or failing to pre-
pare or approve, maps, shop drawings:
opinions, reports, surveys, field orders,
change orders or drawings and specifica-
tions; or
b. Supervisory, inspection. architectural or
engineering activities.
2. "Bodily injury" or "property damage" occurring
after:
a. At work, including materials, parts or
equipment furnished in connection with
such work, on the project (other than ser-
vice, maintenance or repairs) to be per-
formed by or on behalf of the additional in-
sured(s) at the location of the covered
operations has been completed; or
b. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontrac-
tor engaged in performing operations for a
principal as a part of the same project.
0 ISO Properties, Inc., 2004 Page 1 of 1 0
Name and Title
Note: Two signatures arc required if a corporation.
EMERGENCY NOTIFICATION LIST
NATIONAI. CITY PUMP STATION REHAF3II..ITATION
SPECIFICATION NO. 04-08
DA'l E:
pKIL 16, 2Z7
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 71
Emergency Telephone Number(s)
eAFFICE - 760 SIo 67/7
cat : 619 339 7875
Name r Emergency Telephone Number(s)
G-5TE3gN CttEVA Csu : 6/q 339 7816
1 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 he contacted in an emergency
situation and have complete authority to act one Contractor's behalf.
11141
Signature of Cddtra ER
_._CRAIq__ ,'..4"0► -.
Name and T r
Signature of Contractor
Tn eJ IRIS) gr�lD�vT
RESOLUTION NO. 2007 — 61
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AWARDING A CONTRACT TO ZONDIROS CORPORATION
IN THE AMOUNT OF $589,000 FOR THE NATIONAL CITY
PUMP STATION REHABILITATION PROJECT
WHEREAS, the Engineering Department, in open session on March 14, 2007,
did publicly open, examine, and declare seven sealed bids for the National City Pump Station
Rehabilitation Project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby awards the contract for the National City Pump Station Rehabilitation
Project to the lowest responsive, responsible bidder, to wit:
ZONDIROS CORPORATION
BE IT FURTHER RESOLVED by the City Council of the City of National City that
the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of
$589,000 between Zondiros Corporation and the City of National City for the National City Pump
Station Rehabilitation Project. Said contract is on file in the office of the City Clerk.
PASSED and ADOPTED this 3rd day of April, 2
ATTEST:
Mic ael R. Dalla, ity Clerk
APPROVED AS TO FORM:
George F�'tiser, III
City Attorney
Ron Morrison, Mayor
Passed and adopted by the Council of the City of National City, California, on April 3,
2007 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
City CI of the Ci
Cl r
of N
tonal City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2007-61 of the City of National City, Califomia, passed and adopted
by the Council of said City on April 3, 2007.
City Clerk of the City of National City, California
By:
Deputy
a k ".1
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE April 3, 2007
AGENDA ITEM NO.
20
ITEM TITLE
Resolution of the City of National City to award a contract in the amount of $589,000 to Zondiros
Corporation for the National City Pump Station Rehabilitation, Specification No. 04-8. Funded by the Sewer
Service Fund Account No. 125-409-500-498-2014.
PREPARED BY Albert Griego DEPARTMENT Engineering EXT. 4386
EXPLANATION
Please see attached.
i
Environmental Review X NIA
MIS Approval
Financial Statement Approved By:
Finance Director
The total cost of the project is estimated to be $765,700. This amount is within the estimated budget for
this project. Funding is available through Account No. 125-409-500-59R-2n14
Account No.
STAFF RECOMMENDATION
r__.,,()
Adopt the Resolution. ��t
BOARD / COMMISSION RECO MEDATION
ATTACHMENTS (Listed Below)
1. Resolution
2. Bid Opening Sheet
3. Bid Summary
Resolution No. O 0 -
A-200 (Rev. 7/03)
EXPLANATION
On March 14, 2007, seven (7) bids were received and opened for the National City Pump
Station Rehabilitation Project, Specification No. 04-08. The bids ranged from $589,000
to $1,088,000.
Staff has reviewed the low bid and found that the estimated costs are within the standard
costs for equipment and installation in this type of work and has decided to request the
award of the contract to the lowest bidder, Zondiros Corporation.
This project includes the rehabilitation of four (4) pump stations. Two (2) of these pump
stations handle storm water and two (2) handle sewage. The work to be done includes
removal and replacement of mechanical and electrical equipment inside the pump
stations including pumps, motors, and electrical control panels. This project will also
have new alarm telemetry and an external connection for a emergency generator at each
pump station.
The locations of these pump stations are 14Lh St. at Tidelands (sewer), 18th Street under I-
5 (storm water), 24th St. next to 1-5 ramp exit ramp (storm water) and, Bay Marina at
Tideland (sewer).
Zondiros Corporation, is a General Engineering Contractor specializing in underground
utilities, roadwork, pump stations, and demolition. The company was established in 1998.
The Los Angeles corporate office is located in Torrance , Ca. with a corporate office in
San Marcos, Ca. that handles the San Diego area work.
Staff has reviewed all the proposals and found the lowest responsive bidder, Zondiros
Corporation, qualified to perform the work.
As stated in the Financial Statement, the total cost of the project is estimated to be
$765,700. This amount includes the construction bid price of $589,000 plus
approximately 20% (S 117,800) for contingencies, and approximately 10% ($58,900) for
materials testing and inspection.
pump
CITY OF NATIONAL CITY
CITY ENGINEER
1243 NATIONAL CITY BOULEVARD
NATIONAL CITY, CA 91950
TEL: 619/336-4580 FAX: 619/336-4397
BID OPENING
SPECIFICATION NUMBER: 04-8
PROJECT TITLE: NATIONAL CITY PUMP STATION REHABILITATION
OPENING DATE: WEDNESDAY, MARCH 14, 2007
TIME: 3:00 P.M.
ESTIMATE: $280,000
PROJECT ENGINEER:
NO.
BIDDER'S NAME
(PAGE 13)
BID
AMOUNT
Page 15
ADDENDA
(PAGE 13)
BID SECURITY
(PAGE 17)-CIIECK
(PAGE 18) - BOND
1.
Zondiros Corp.
1833 Diamond Street
Suite 201
San Marcos, CA 92078
$589,000
Bond
2.
Inland Pacific Contracting
Corp
29885 Second St. Unit K
Lake Elsinore, CA 92532
$654,000
Bond
3.
Orion Construction
1232 Keystone Way
Vista, CA 92081
$717,000
Bond
4.
5.
SCWContracting Corp
2525 N. Old Hwy 395
Fallbrook CA 92028
$783,000
Bond
Newest Construction
7964 Arjons Dr. Ste A
San Diego, CA 92126
$802,175
Bond
6.
Jose Pereira Plumbing
1730 Magnolia
El Cajon, CA
$841,067.57
Bond
7.
Aurens Corp
5959 Mission George Rd.
Suite 205
San Diego, CA
$1,088,000
Bond
CITY OF NATIONAL CITY - BID SUMMARY
PROJECT NAME
•• 1.1 r 11A311. 4111.1Y
r :-CIJJEC1 NC
ss.t• :o 0502.0
r. 400,
A10.,111••.1,1 011/1/E0 7.000:c 's Corp
11:1 •• s1111011111111
CR.; I ,• M..11 SMF.CM,
ITEM
:11
• k
S:::,on 16..115111,1101
• •••.11` rcr. ell 4,, e.: Peti): hianon
:aticy
3,04.S4,ste, 4
tA`,1- 14131 TO1
FIGURES CHECKED BY:
CHECKLIST
S,GNA :UR ES 4RE AFFNEE
-YRE & ROAD 4P4' OF BORE ,111101.
ADDENDUM: -0 LiL. <NOVC.EDDE m t
,NPNCUM,
Kenneth Fernandez 03/15/07
v47i YES SINATI.ME Yi•Is ,•••,s
•
/3 04 61.111401,00-.704,.
YES 14CENSF.
YES BONO CHECK
YLS AY-Y.:DAVIT
ANN:MUUMS
1440 0.11001.04•CT0110,
YES LICENSE
EIUMG NECK
YES AFFIDAWT
. _
YES ADDERDUMS
3.110
YEE
YE;
1
2
3
!Inland Pacific Contracting Corp. 'Orion Construction Corp
I29885 Ind St, Unit K
ENGINEERS ESTIMATE 1232 Keystone Way
San Marcos, CA 920'8
; lake Elsinore, CA 92532 Vista, CA 92081
QT, UNIT 760-510-6747
DI 1951426-4830
'
760-597-9660
-1 COSI "'AI UNIT CST TOTAL UNIT COST TOTAL UNIT COST TOIIAL.
'
, I S. SO t . S IO,C00 OC S M C D00S 45,000 COI $ 45,000 00 S 20,000 00 S 2V UOC Uj'
I : I SSr.
t. 0 , $ ,C:ID OC I S I DM 0 5 2,000 00 S
2,000 00 I S 20,040 00 S 20 OM OU
LS SC .1) 000 03
S . 7 JJO C,1 S I I 7 00C 00 S I 2 000 03 S 123,000 00,I
S 136,00) 00' S I 3'
i
I LS SC )3 1 5? )30 U0! S 152,00C )0 S 145,000 00 6 145.000 00 S 161,000 00 : S 161.000 00
LS 5, .4K, S 77 DOC t .) I $ 177,000 ao S 90,000DO: $ 90.1.00 MI S 99 DOD 00 , $ 99,000 00
1.5 VieS . I LOC .1 S 112,000 DI S 224.00001.
S 224,030 00I S 221 000 CC S 221.0.0 DOI
I H
4 EA 1 OC S 15031.) S 20,CC)00,
S 5,250 001 S 25,000 COI c . .'.. ODO OC/ S 60.00) 00'
• •
I 2,300C: 0, 1 ,I,I.00C JO 717,000 '10
T
1 1 514.000 OC :
I :0 35Ai .
1 7 3 5 7: !303706
londiros Corp.
1833 Diamond St. Ste. 201
3/15/2007
Spec 0: 05-05 Page 1 of 2
CITY OF NATIONAL CITY - BID SUMMARY
PROJECT NAME FIGURES CHECKED BY:
• • • -
FA LE 1'120111er. 94,f. 111.94I2
Kenneth Fernandez 03115/07
,It.9AT.,P.F. Y:, ,....N.,11(1, 77,7,71'10., YES 4.4,13, VES . I
7 7, 1.74C,IluCTORS .7... NO 5%1,1. 3,64.707,17-ACTOAC 77 13 Co
1.17t, (7, i } Ntel)1,...... 1,',:h 4 ,• ' - ... . . IC F...,,V Y1-,... .. ( IINSt. y , 1..,1,15(. YES LICENSP. YES
I
%rya k ENT I 1)W BIDDER 7..,,11,,.- 0, :. ,,,, ,Iil, L ,,,,,,Att, , X.., (_IIECg YES ,UONUC/ii.CK 1,5 1
I.i ), 41 I) :t kV JI• N) t'. 1S8', CHM or. .E, .1, • ,FrD.V.IT YE, !AFFIU,11, YFS I
,1,1,•1 It, FSTINIA I.t. 123111(1. i t! . ,,I,E,::1 v. vE, Al:(,:-.Nir...V., 0,1'..1 ni2IJi•ND1,,,S NO ADAM:n/14S 005
L 4 S 1 6 1 7 i
.scv, r 'ono- wing Corp SEM est Cons, Co, Inc ;Jose E. Pereira Ahrens Corp
;25:5 '. OM 115.0 3;55 7964 Arlons Dris e 1730 N. Magnolia Ave 413 5959 Mission Gorge Rd N205 ; AST.RAGE ," CONTRACT ORS)
I Fallbrnok. CA 02026 ;S:ill Diego, CA 52121, lEl Cajon. CA 92020 San Diego. CA 92120
'v.'I rEm (1T, UNIT I760.7213-13011
06117 CDE I 7,7S-AL 858-5374774 858-5874600
UNIT Cl.-JST • 1519-596-6968 .,_
TOTAL !: UNIT COST I TOTAL IJNIT COST • TOTA_ ' UNIT COST •
1
I 7 S S IC S 60 ,..r. 00 S '0,0,5 a,' s ,(1,1-",15CC I St: 900 C01 3 20.00C. 00 1 2C 000 CC ; $
. ._,
251.000 OD S 58.428 53 5
• , 7 .
s 1,CC• DO i 1.1.0.) On 5 :.0(.../ DO S 20.000 CC: 3 26,000 CO; 1 55,000 OC! $ I 5.000 CO $ 10,41K 57 • 1 15/.078 17
I S 5 I017., • JO S 10S.Cso 00 $ 175.845 J(./ 3 1751C8C4.:: : 109,791 60 • 5 I
145.79: 60; S 24i,000.061 S 241.033 00ii S I T.SS46 00 S 155,048 ,1),
r I
I S S i:I(:,.' 1) i i , , 00 i. 1'5521100 S 156,211 00 S
185.110 561 S 185,10; 53i S 175.000 00' S 113.00500! S 1517.473 '9 S 56C.4'1 79.
1 .1 S 1 ; ,•,,...: J5 1 152,0, e IQ i i 5598C ./j S 176,980 00 $ 222,445 i 2: S
i
222,495 :2; S 127.000 DO 5 127,05)0 00! S 105,282 30: I :40 282 10
... . , . . ...
1 : 1 2:: 00C 0', S 212,6. ,5 4 71: 715 /Di S 2: :.'3'..` ");) I 103.000 16 S 101.000 36! S 012,01:C.00 S 012.0110 001 S 220,962 591 S 22005: I','
_ .• .. ..... .. ..._ .._ ____ . _ _ ._._ _ .__. __ _. __
S I, J50 C.) 5 0 I JICC JJ S ., S5G (). 1 ? ,A0c 25 S 13.0 zg s c.0-..).)77 S 25,000 0)1 1 100.000 001 5 1 I.627 7$ S
1" 04
—TT
06.511 15;.
: ! ,
•
S s 12 t 55 00 1 1 1 aa I 061 53 ; I 782;134 65
.4.$ 1.088,01J0 OC
. ., . I i 2815 57%
rc' ••',
nab,
, cc .". , •
3; 15/ 2C07
Spec # 05-05 Page '2
RESOLUTION NO. 2007 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AWARDING A CONTRACT TO ZONDIROS CORPORATION
IN THE AMOUNT OF $589,000 FOR THE NATIONAL CITY
PUMP STATION REHABILITATION PROJECT
WHEREAS, the Engineering Department, in open session on March 14, 2007,
did publicly open, examine, and declare seven sealed bids for the National City Pump Station
Rehabilitation Project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby awards the contract for the National City Pump Station Rehabilitation
Project to the lowest responsive, responsible bidder, to wit:
ZONDIROS CORPORATION
BE IT FURTHER RESOLVED by the City Council of the City of National City that
the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of
$589,000 between Zondiros Corporation and the City of National City for the National City Pump
Station Rehabilitation Project. Said contract is on file in the office of the City Clerk.
PASSED and ADOPTED this 3rd day of April, 2007.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Della, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
May 9, 2007
Mr. Tom Zondiros
President
Zondiros Corporation
1833 Diamond Street, Suite 201
San Marcos, CA 92078
Dear Mr. Zondiros,
On April 3, 2007, Resolution No. 2007-61 was passed and adopted by the City
Council of National City, awarding a contract to Zondiros Corporation.
We are enclosing for your records a certified copy of the above Resolution and a
fully executed original contract.
Sincerely,
ZA.Zub ////t-
Michael R. Dalia, CMC
City Clerk
Enclosure
cc: Engineering Department
® Recycled Paper