HomeMy WebLinkAbout06/03/1997, 3 - CITY OF SAN LUIS OBISPO ENTRY SIGNS, SPECIFICATION NO. 9546 council e 3��
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CITY OF SAN LUIS OBISPO
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FROM: Michael D.McCluskey,Public Works Director gY
Prepared by: Wendy George,Assistant to the CAO
John Rawles,Civil Engineer
SUBJECT: CITY OF SAN LUIS OBISPO ENTRY SIGNS, Specification No. 9546
RECOMMENDATIONS:
1) Reject as non-responsive the low bid in the amount of$53,627 from Diamond Air
Conditioning Corporation
2) Award a contract in the amount of$68,198,to Vernon Edwards Constructors,Incorporated,
the second low bidder
3) Authorize the Mayor to execute the contract
4) Authorize transferring an additional$35,211 to the project budget
DISCUSSION:
On May 8, 1997 bids were opened for the"CITY OF SAN LUIS OBISPO ENTRY SIGNS"
project originally recommended by the Promotional Coordinating Committee(PCC) and approved
by the Council in 1995. All bids received were significantly higher than the engineer's estimate of
$38,000.
At the time that the signs were first proposed by the PCC,the designer believed that he might be
able to arrange for some of the work to be done on a donated basis and,thus,the original estimate
was based on that concept. As the design work progressed and the designer worked with the City's
engineer to develop specifications which met required engineering standards,the designer realized
that his initial hope to have part of the work prefabricated offsite and donated was not feasible. At
that point,the project became a standard City capital project and went though the normal bid
process. The result was bids which were considerably higher than the initial proposed funding.
During review of the bids Public Works discovered that the low bidder, Diamond Air Conditioning,
had not complied with specifications about maximum participation by subcontractors. The
specifications prohibit subcontractors from performing 50 percent or more of the contract work,and
the bid documents specifically cited this section of the specifications. But Diamond listed
subcontract participation of 72 percent. In order to award the bid to the second lowest bidder,the
Council must officially determine that the low bid is non-responsive due to its failure to meet this
requirement.
May the City declare the non-compliance in the"List Of Subcontractors"not significant and
award the contract to the low bidder,Diamond Air Conditioning?
The City's adopted specifications contain the this provision to ensure that the prime contractor is
directly accountable for the most important part of the work. The City Attorney recommends
against waiving this requirement for several reasons. First,it is a requirement of the bid process.
Second,other contractors might have bid if they had known the City would allow such a deviation.
And third,the second low bidder would probably protest such a waiver. Unsuccessful bidders
typically call to verify that the low bidder has met this requirement.
Council Agenda Report-SLO Entry Signs
Page 2
CONCURRENCES:
This project has received a categorical exemption from environmental review by Community
Development Department.
The PCC believes that the sign should be built as soon as possible so that it will have a positive
economic effect during this year's tourist season. It favors awarding a contract to the second low
bidder to expedite construction.
As noted in Alternative 3,the PCC intends to return to the ARC on June 2°d to see if the ARC will
approve a change to the southern sign which could reduce the cost of its construction. Staff will
report on the outcome of that meeting at the June 3'a Council meeting.
FISCAL EWPACT:
Project Construction Budget Needed:
Contract Price $68,198
Contingencies @ 7.8 Percent 5,334
Total $73,532
In order to pay for construction with the second low bidder,transfers from the following accounts
are recommended:
Economic Development Contract Services. $4,000 is available from this account. That amount
was set aside for Caltrans to designate downtown exits by placing the word"downtown"above
Highway 101 offi-amp signs. The City originally expected to pay for these modifications,but
Caltrans eventually agreed to cover the cost itself.
Community Promotion Contract Services. The$39,300 in this account was designated as
"enhanced promotion fun(W". On May 20, 1997 the PCC recommended spending$15,000 of this
total to complete the entry sign project.
Completed Projects. There is currently$7,832 available in the capital outlay fund completed
projects account. In addition there is$8,379 remaining in the project budget for the Orcutt Road
Widening Acquisition,which is completed.
Summary of Recommended Sources for the Construction Budget:
Existing Project Budget Remaining $38,321
Economic Development Contract Services 4,000
Community Promotion Contract Services 15,000
Completed Projects 16,211
Total $73,532
ALTERNATIVES:
1) Reject all bids and readvertise the project. This project is on track for completion before
this year's tourist season. Readvertising would delay construction and could preclude the
benefit of having the signs in place for the tourist season. The PCC is extremely concerned
that it has been two years since this project was initially proposed and approved. Delays
Council Agenda Report-SLO Entry Signs
Page 3
have been caused by design difficulties and the need to acquire approval to place the
northern sign on private property. Two tourism seasons have already been missed, and the
additional delay caused by rebidding would cause a third season to pass without the signs.
2) Delete some of the bid items and construct only a portion of the project with the existing
project budget. Public Works believes that only one sign could be constructed with the
existing project budget of$38,321. While the design of the signs themselves is the same,
the Architectural Review Committee(ARC) felt the that the southern sign needed a series
of approach columns to place the sign in its proper context within an open field. (See
Exhibit 1.) The high cost of constructing the four approach columns mandates that only the
northern entrance sign could be installed within the current budget. Since most of the
tourist traffic into San Luis Obispo arrives from the south,the PCC believes that the
economic benefit of the project would be significantly reduced without the southern sign.
To build the southern sign within the present budget,a reduced project would need to be
negotiated with the selected bidder and would possibly require ARC approval.
3) Eliminate the approach columns on the southern sign. The approach columns were added
to the southern sign at the direction of the ARC,in order to create a context for the sign
within an open field located between Los Osos Valley Road and Prado Road. Before the
columns could be eliminated,ARC approval would be required. The PCC intends to
request that the ARC consider such a change at its meeting on June 2.
4) Redesign the signs. If the signs were completely redesigned,the project would likely be
delayed another year while design modifications were completed,ARC approvals were
received,and the project was put out to bid a second time. This delay would mean another
tourist season without signs. There is also no guarantee that the new design would
necessarily be less expensive to construct than the current one. In order to significantly
reduce cost,the City would probably end up with billboard type signs,which would not
reflect an image the City wishes to project.
5) Eliminate the project. The PCC believes very strongly that the City needs entry signs.
Visitor signs have proven to be effective in persuading visitors unfamiliar with an area to
stop initially and visit a city,which,in tum,encourages an overnight stay in the future.
Staff has received comments from both local citizens and visitors that the City needs
tourism signs. Most neighboring cities have at least billboard signs to entice drivers off the
highway for a visit.
ATTACIfiVIENTS:
1) Exhibit 1 - Sign Plan and Elevation
2) Exhibit 2 -Vicinity Map for Southern Sign
3) Bid Summary
4) Proposed Agreement
5) Proposal from Diamond Air Conditioning
6) Proposal from Vernon Edwards
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PAINTED DETAILING
Front View
SMOOTH STUCCO FINISH-BEIGE
Scale: 114"= I' unless noted
Date:Oct.20, 1996
Applicant City of San Luis Obispo,
Promotional Coordinating Committee
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CITY OF SAN LUIS OBISPO
CALIFORNIA
AGREEMENT
THIS AGREEMENT,made on this day of 19_,by and between the City of San Luis Obispo,
San Luis Obispo County, California, hereinafter called the Owner, and _ Vernon Edwards Constructors, Inc.,
hereinaftercalled the Contractor.
WITNESSETH:
That the Owner and the Contractorfor the consideration stated herein agree as follows:
ARTICLE 1,SCOPE OF WORK: The Contractor shall perform everything required to be performed,shall provide
and furnish all of the labor,materials,necessary tools,expendable equipment,and all utility and transportation services
required to complete all the work of construction of
City of San Luis Obispo Entry Signs,Specification No.95-46
in strict accordance with the plans and specifications therefor,including any and all Addenda,adopted by the Owner,in
strict compliance with the Contract Documents hereinafter enumerated.
It is agreed that said labor,materials,tools,equipment,and services shall be furnished and said work performed and
completed under the direction and supervision and subject to the approval of the Owner or its authorized
representatives.
ARTICLE II, CONTRACT PRICE: The owner shall pay the Contractor as full consideration for the faithful
performance of this Contract, subject to any additions or deductions as provided in the Contract Documents,the
contract prices as follows:
Item Item Unit of Estimated Item Price Total
No. Measure Quantity (in figures) (in figures)
1. Construct Southerly Entrance Sign, LS 1 $22,613.00 $22,613.00
Nol
2. Electrical,Southerly Entrance Sign, LS 1 $6,173.00 $6,173.00
Nol
3. Landscape and Irrigation,Southerly LS 1 $3,243.00 $3,243.00
Entrance Sign,No 1
4. Construct Four Columns,Southerly LS 1 $7,742.00 $7,742.00
Entrance.
.k
5. Construct Norther ly Entrance Sign, LS 1 $21,175.00 $21,175.00
No2
6. Landscape,Northerly Entrance Sign LS 1 $4,718.00 $4,718.00
No.2
7. Electrical,NortherlyEntranceSign, LS 1 $2,534.00 $2,534.00
No.2
BID TOTAL: S 68,198.00
Payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents
made a part of this Contract:
Should any dispute arise respecting the true value of any work omitted,or of any extra work which the Contractor may
be required to do,or respecting the size of any payment to the Contractor,during the performance of this Contract,said
dispute shall be decided by the Owner and its decision shall be final,and conclusive:
ARTICLE III,COMPONENTPARTS OF THIS CONTRACT. The Contract consists of the following documents,
all of which are as fully a part thereof as if herein set out in full,if not attached,as if hereto attached:
1. Notice to Contractors and information for bidders.
2. Contract General Conditions and Technical Specifications.
3. Accepted Proposal.
4. Public Contract code Section 10285.1 Statement and 10162 Questionnaire.
5. NoncollusionDeclaration.
6. Plans.
7. List of Subcontractors.
8. Agreement and Bonds.
9. Insurance Requirements and Forms.
ARTICLE IV. It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument and the bid or proposal of said Contractor,then this instrument shall control and
nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.
IN WITNESS WHEREOF,the parties to these presents have hereunto set their hands this year and date first above
written.
CITY OF SAN LUIS OBISPO,
A Municipal Corporation
City Administrative Officer
APPROVED AS TO FORM: CONTRACTOR
Ci tto ey Vernon Edwards Corporation,Inc.
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CON TRACT PROPOSAL
TO THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO,CALIFORNIA
THE UNDERSIGNED,hereby agrees that he has carefully examined the location of the proposed
wort, that he has carefully examined the plans and specifications, and that he has carefully
examined and read the accompanying instructions to bidders,and hereby proposes to furnish all of
the materials and do all the work required to complete:
CITY OF SAN LUIS OBISPO
ENTRY SIGNS
Specification No. 9546
in satisfactory working condition, in accordance with said plans, specifications, and the special
provisions,for the prices set forth below:
Item Item Unit of Estimated Item Price Total
No. Measure Quantity (in figures) (in figures)
1. Construct Southerly Entrance Sign, LS 1 // _ !f 57.
No IW JS �• W 5
2. Electrical,Southerly Entrance Sign, LS 1 _
No 1
3. Landscape and irrigation,Southerly LS 1
Entrance Sign,No 1
4. ConstructFour Columns,Southerly LS 1
Entrance. rJ
5. ConstructNortherly Entrance Sign, LS 1
Noe 20 �z8, 20 5Z
6. Landscape,Northerly Entrance Sign LS 1 / 7s
6-760o, (P r
7. Electrical,Northerly Entrance Sign, LS 1
Not Z ZSS, 22`S s�
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BID TOTAL: $ �1,�Z7
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' By signing below, the bidder acknowledges and confirms that this proposal is based on the information
contained in all contract documents, including the plans, specifications, special provisions, and addendum
number(s) /-J _ Z,
The undersigned further agrees that in case of default in executing the required contract, with necessan•
bonds, within ten days, (not including Saturdays, Sundays, and legal holidays), after having received a
mailed notice that the contract is ready for signature, the proceeds of the check or bond accompanying his
bid shall become the property of the City of San Luis Obispo.
Licensed in accordance with an act providing for the registration of contractors, License No.Z o g�
Expiration Date3i .S
The above statement is made under penalty of perjury, and 4bidnotainin this information "shall be
considered nonresponsive and shall be rejected" by the CitySIGNATURE OF BIDDER
:_]�l
(Print Name and Title of Bidder)
Business Name(DBA):
Owner/L.e�al Name:
Circle One: Sole-proprietor Partnershi
p orPoration
List Partners/Corporate Officers:
1 !, CZ t9
Name Title
er-t6-vt GZ �2 -S
Name Title
f' �Ci�91 C2 SE�'TP..E14�
Name Title
Business Address: 207C, P)4�P_�_�_ !t 1
Street Address
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Mailing Address
City, State, Zip Code
°S 0z__ A3g_ 6
Phone No Fax No.
Dated y�P 2 19 �'
(Rev. 5-16-96) b
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PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In accordance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby dec res
under penalty of perjury under the laws of the State of California that the bidder has _, has not _ been
convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud.
bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection -Mill
the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code
Section 1101,with any public entity,as defined in Public Contract Code Section 1100, including the Regents of the
University of California or the Trustees of the California State University. The tern "bidder" is understood to
include any partner, member, officer, director, responsible managing officer, or responsible uanaging employee
thereof,as referred to in Section 10285.1.
NOTE: The bidder must place a check mark after"has"or"has not" in one of the blank spaces provided.
The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also
constitute signature of this Statement.
Bidders arc cautioned that making a false certification may subject the certifier to criminal prosecution.
d
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of pedury, the
following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary
interest in the bidder, e%vr been disqualified, removed, or otltcrnwise prevented from bidding on, or
completing a federal, state, or local government project because of a violation of law or a safety
regulation?
Yes No ✓
If the answer is yes,explain the circumstances in the following space:
PUBLIC CONTRACT CODE SECTION 10232 STATEMENT
In accordance with Public Contract Code Section 10232, the Contractor hereby states under penalty of perjury, that
no more than one final unappealable finding of contempt of court by a federal court has been issued against the
Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an
order of a federal court which orders the Contractor to comply with an order of the National Labor Relations .
Board.
NOTE: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature
portion thereof shall also constitute signature of this Statement and Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
e
3-/3
NONCOLLUSION DECLARATION
TO BE SUBMITTED WITH BID
declare chit
I am I i ��t`' of
r �ltr►'C� �� At t2 ('�1 D � �o rJ r rJ h (�P �
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed
person,partnership, company, association, organization,or corporation; that the bid is genuine and not collusive or
sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham
bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to
put in a shnm bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or
indirectly,sought by agreement,cotntnunimtion,or conference with anyone to fix the bid price of the bidder or any
other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to
secure any ad%mritage against the public body awarding the contract of anyone interested in the proposed contract;
that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly,
submitted his or her bid price or any breakdown tlicrcof, or the contents thereof, or divulged information or dntn
relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associatiotl,
organization,bid depository, or to any member or agent thereof to effectuate a collusive or slham bid.
Executed on JUAYf Igf it �' L' 19
I declare under penalty of perjury under the laws of the State of cnlifornia that the foregoing is tate and correct.
(Si nature of Declarant)
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Uw:D 4385668 F - 02
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BOND NUMBER: CA 7892-169
BtDbER'S BOND TO ACCOhiPANri'PROPOSAL
I+no+v all men by these presents:
That N+•c DIAMOND AIR CONDITIONING CORP. , AS PRINCIPAL, and
CONTRACTORS BONDING AND INSURANCE COMPANY AS SURETY, are held and firmly
bound unto the City of San Luis Obispo in the sum of:
10% of the amount bid. Dollars (� ) to be paid to
said City or its certain.attonmey, its successors and assigns; for which payment, well and intly to be made,
we bind ourselves, our heirs, exectutors and administrators, successors or assigns, jointly and severally,
firmly by these presents:
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain proposal of time above
bounden DIAMOND AIR CONDITIONING CORP.
to eonslnlet 95-46 CITY OF SAN LUIS OBISPO ENTRY SIGNS
(insert name of street and limits to be improved or project) dated April 30, 1997 is
accepted by the City of San Luis Obispo,
and if the above bounden DIAMOND AIR CONDITIONTNC CORP
his heirs, executors, administrators,successors,and assigns shall duly enter into and execute a contract for
such construction and shall execute and deliver the two bonds described within ten (10) days (not including
Saturdays, Sundays, or legal holidays) after tlue above bounden
Principal
has received notice by and from the said City of San Luis Obispo that said contract is ready for execution,
then this obligation shall become null and void,othenrise, it shall be and remain in full force and virtue.
IN WITNESS WHEREOF, ++e hereunto s our hands and seals this 23rd day of April
19 97
Diamo d 'r qdiioni Corp.
BY:
Principal
CONTRACTORS BONDING AND INSURANCECOMPk
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B Y:
CST,
�D Nene S. West, Attgrney-ir.-Fact
Surety
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(Rev.9-8-93)
3-�s
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of California
County of Los Angeles
On April 23, 1997 before me, Marie C. King
,
DATE NAME.TITLE OF OFFICER-E.G.."JANE DOE.NOTARY PUBLIC'
personally appeared Darlene S. West
NAME(S)OF SIGNER(S) '
x 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 ac-
knowledged 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.
MARIE C.C.KING
k I
- CORIm65iOn# I Od8616
a = = ITN S my ha trnofficial seal.
i �c� r+i N010ry Public—California alos An�ele:County
%{ ~ My Comm.Ex,:res Feb 28.2000
Y i
SIG F NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and cou prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOW ENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLES) TITLE OR TYPE OF DOCUMENT
❑ PARTNER(S) ❑ LIMITED
El GENERAL I
I ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309.7194
3-/,'
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. : .... , RED POWER OF ATTORNEY:.. �. .
REA
LLY
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RACTORS f10N0UiGAND INSURANCE COMPANY IS RESPON BDLE ONLY THE BOND DESCRIBED AND UP TO THE AMOUNT SET FORTFI W
YTIT HIS POWER OF ATTORNEY.A L CON SURE WILL VOID THIS POWER OF ATTORNEY.IF YOU NAVE ANY QUESTIONS ABOUT OR WANT TDFY THIS P Eq 0 ATTORNEY CALL CONTRACTORS BONDING AND INSURANCE COMPANY IN� GUNAMILLS,CALIFORNWAT(!14)7709733:;BID
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pyVumS `$D.0;'0 0 0 .. p,Power.of AttoinBYExpiraY;o'% / a.
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:. .. .PP: .... .Y' /_: % ;.,•Cu<_' i/ .vx� . _ .. Approved:
Blair MefxalI
(59nxataal �malbmv)
Name otPrmapal:'DIAM.OND A1R .CONDITIONING ..CORP,
.'Marna o1 Otiligett .:
s...:Deaaiptioti(s):
Location(I1Applicable):
KNOWALL YEN BY THESE PRESENTS in.,CONTRACTORS BONDING AND INSURANCE C PA Yo�pmfp�o rm�d+u argo�nJ�e Y�exalmpmder the laws°�,t{� mfp RfN�h�9len,and�1° in9rta prircipd olhee in
Senate,King(eoidy Washington,does by Ilse Presents nuke,cenaehde andappvid YEA��""� "y n L�1 of la L�N U A J„L r 1.A
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0'it'seed b.Aut aMmc ,In witon fun par.,and the onlyPre hereby cademd m orb name,pare and etoad,to uaeutq bekeMedpe and delver are bornKrJ dncnbod show;aro to bib me Company Hereby m b,a1'and
to trio name edent and mchsudcloord arm elgnrd by the Prnident,Seated wdh the corporate sal d the Company and duly aaested by dsSenebry hereby rat/yuy and cenhmmg all free the aid altar,
mthe P--.Said appointment a mode under and by authority d the following resoluhm oadopted by the Board of Ovecbra d CONTRACT ORS BONDING AND INSURANCE COMPANY an 17la"7t6
RESOLVED that the Roaidont is ae hmimd ro appoint es atlarnpy:or-lost d the ConryanD A R L E N E S. WEST
bed authority to sign Bl babel of the Company thaw Surety bond,which may from time to tint be approved by Wm.Blaitl eiall,m such panel Suma and according to Such eandittem as my
be approved by Wm.BlaiMdml4
RES
bond with p"we"
nuEDNgTMEt r a each and wherer of e
muni sat forth the apocihc description d the bond to which 0 applies,the name el the principal,the name of thoobligm.the panel sum,the
hood number(oxropt fora bid bond wham more is no numb forth the idomdying number of the onprnoyin.fact the idonhfying number of the Power of Attorney and the name and donating of
Wm-BI21111i xoli;and may not forth the description andamoum of additional reinwrmco or collateral,if any.
RESOLVED FURTHER that Wm.MI Meimll is authorized to establish a Specific mpiralion date for the Power of Attorney and to modify that date from time to time as Wm Blo6hloixall dome
ngamssry in his ther Sola discretion;the applicable expiration date to be damly sat forth in any written Power of Attarney
RESOLVED FURTHER that,except as otherwise provided m the immediately succeeding resolution,under MOO mumstances shall:(a)the contract amount for any bC.Payment performance
a combination payment and performance hand(I.e,o perfcnmance and payment obligation in one band form)excwd 31�Affoo it the bond is guaranteed by the Snail Business Administration;
(b)the pend Sum of any bond net guaranteed by rhe Small Business Administration(aha than a bid bond which is further restricted by douse(c))exceed 33,000,000:and(c)a bid bond which
is not guaranteed by the Small Business Administration be executed for o fob where.A the conered is awarded,the band pliantly an any Performance bond,payment bond,w combination
Performance and Payment bond(,A,a pedormanu and payment obligation m one bond form)to be executed pursuant to the bid bond is to exceed Si,p00,f00,
RESOLVED FURTHER that the above named Allomey:Mad is granted Power and authority to exceed the applicable panel limits set forth in the immedi 000 preceding resolution tan any bond
in an amount equal to than amount of any additional reinsurance or at any cash.letter of credit or airier Security received as collateral security by the Company AS Inducement to issue the bond,
to long as the description and amount of additional reinsurance or collaarol we set forth in the Power of Attorney.
RESOLVED FURTHER that the authority of the Secretary of the Company to certify the suf ellcity and effectiveness of the foregoing resolutions In any Limited Power of Attorney is hereby
SeEreldelegated to the[allowingnWa person trio sigwtere of any of the following to bind trio Company with respect to the authenticity and effectiveness of the foregoing resolutions as if signori by the
Secretary ate the Campay:Wm.Bair a Signature
RESOLVED FURTHER that the signatures(including cortRcation that the Power of Attorney is still in force and oHoet)of Wm.BlairMoiall,and Notary Pudic,and tho corporate and history were
appearing on any Limited Power of Attorney containing this and the foregoing resolutions as well as the Limited Powe of Attorney itself as wen as its transmission,may be by facsimile;and
Such Limited Power of Attorney shall be domed on original in all aspect&
RESOLVED FURTHER that all resolutions adopted prior to today appointing the above named es allorney.in.faa for the Company are horoby superseded
in WITNESS ViR1l T'd ,CppTTRACTDgS BONDING AND INSURANCE COMPANY hes mlrsed Ucese presents to ba Si
IrQolo aMixad J�� 11 UU!! 77 u0 grind by Wm BleirMeixell,and its corporate sed to be
CONTRACTORS BONDING AND INSURANCE COMPANY
/r "%
AND/,� yrrr .
Wrm
SEAL
STATE OF CALIFORNIA—COUNTY OF ORANGE yrly�h;•.l97g•,:�`t='
r'4gSFl l N G��=-
pe 3/l B/4 6 ,before nno.Yolanda Z.Vega,a Notary Public in and far the Stale o1 California,Count of Orange,
his authors known fan me to bo tho porson whose name is winscribod to tho within Linitud Power of Attorney end ackncwrod d to 1710 that
hat hereat Wm.Blair Meisel) '
his authorized capacities end that by his signature on the Limited Power of Attorney CSIC executed the Limited Power of Attu a �1 executed the serrre in
IN WITNESS WHEREOF I have her Q?AY
n and affixed my official seal a day and yger first above written.
_ YOLANDA 2.VEDA
COMM.O IOIOS16 =
zNotovyPublic—Cdlfanlo aORANGE COUNTY
Ccimm.Furca DEC 2.1997 Nota lic in and for
The undersigned,acting under authority of I&Board of Directors of CONTRACTOR of lAomia,r ding at Irvine,
Certificate of the Secrotery of CONTRACTORS BONGING AND INSURANCE COMPANY, t the above and fE COMPANY,hereby mortifies,as or in lieu of
Power of Attorney issued by said Company,end does Promote further ANC °Bo ng is a full,true and correct Copy of the Original
Y y that the Power of Attorney is still in force and eYect.
GIVEN under my hend,a��e4 d 2 3
(!� zc_/ � this rya} APR 19L—
All-BI(091396)
y 47
All-B 1(091396)
3-17
2NoN ��►.v�r2�S
CONTRACTPROPOSAL
TO THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO,CALIFORNIA
THE UNDERSIGNED,hereby agrees that he has carefully examined the location of the proposed
work, that he has carefully examined the plans and specifications, and that he has carefully
examined and read the accompanying instructions to bidders,and hereby proposes to furnish all of
the materials and do all the work required to complete:
CITY OF SAN LUIS OBISPO
ENTRY SIGNS
Specification No. 9546
in satisfactory working condition, in accordance with said plans, specifications, and the special
provisions,for the prices set forth below:
Item Item Unit of Estimated Item Price 'Dotal
No. Measure Quantity (in figures) (in figures)
1. Construct Southerly Entrance Sign, LS 1
Not
2. Electrical,Southerly Entrance Sign, LS 1
No I b17:3 i I
3. Landscape and Irrigation,Southerly LS 1
Entrance Sign,No 1 �� y
4. Construct Four Columns,Southerly LS 1
Entrance. 7 .`, � ' '7 7 Vn,,
5. Construct Northerly Entrance Sign, LS I ,t _
Not
6. Landscape,Northerly Entrance Sign LS 1 _ 1
No.2 '1 X L4 77 /2
7. Electrical,Northerly Entrance Sign, LS 1
Not53 J ,( `���
BID TOTAL: $ �
3-�8'
By signing below, the bidder acknowledges and confirms that this proposal is based on the information
contained in all contract documents, including the plans, specifications, special provisions, and addendum
number(s) 1 , 2 , 3
The undersigned further agrees that in case of default in executing the required contract, with necessary
bonds, within ten days, (not including Saturdays, Sundays, and legal holidays), after having received a
mailed notice that the contract is ready for signature, the proceeds of the check or bond accompanying his
bid shall become the property of the City of San Luis Obispo.
Licensed in accordance with an act providing for the registration of contractors, License No.4 R F d S R ,
Expiration Date 2 28 .98
The above statement is made under penalty of perjury, and any bid not containing this information"shall be
considered nonresponsive and shall be rejected" by the City.
SIGNATURE OF BIDDER 4- z.
Vernon Edwards, President
(Print Name and Title of Bidder)
Business Name (DBA): Venni Bderds cis, 1m.
Owner/Legal Name:
Circle One: Sole-proprietor Partners Corporation
List Partners/Corporate Officers:
Vernon Edwards , President
Name Title
Joyce a2 iardsf Senretary
Name Title
J Tnrlrl Frl ural. TrPACllrPT- MrR
Name Title
Business Address: 736 West Tefft St
Street Address
SAME
Mailing Address
Nipomo, CA 93444
City, State, Zip Code
805-929-3650 805-929-6497
Phone No Fax No.
Dated Apri 1 1n _, 19 97.
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PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In accordance --with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares
under penalty of perjury under the laws of the State of California that the bidder has _, has not x been
convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud,
bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with
the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code
Section 110 1,with any public entity,as defined in Public Contract Code Section 1100,including the Regents of the
University of California or the Trustees of the California State University. The tern "bidder" is understood to
include any partner, member, officer, director, responsible managing officer, or responsible managing cmplo}'cc
thereof,as referred to in Section 10285.1.
NOTE: Tile bidder must place a check mark after"his"or"his not" in one of the blank spaces provided.
The above Statement is part of the Proposal. Signing this Proposal on Clic signature porion thereof shall also
constitute signature of this Smtentent.
Bidders arc cautioned that making a false certification may subject the certifier to criminal prosecution.
d
3
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In accordance kvitli Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the
following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary
interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or
completing a federal, state, or local government project because of a violation of law or a safety
regulation?
Yes No X
If the answer is yes,explain the circumstances in the following space:
PUBLIC CONTRACT CODE SECTION 10232 STATEMENT
In accordance with Public Contract Code Section 10232, the Contractor hereby states under penalty of perjury, that
no more than one final unappe ilablc finding of contempt of court by a federal court has been issued against the
Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an
order of a federal court which orders the Contractor to comply with an order of the National Labor Relations
Board.
NOTE: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature
portion thereof shall also constitute signature of this Statement and Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
e
NONCOLLUSION DECLARATION
TO BE SUBMITTED WITH BID
I Vernon Edwards declare that
lam President of
Vernon Edwards Constructors Inc.
the part)- making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed
person,partnership,company, association,organization, or corporation; that the bid is genuine and not collusive or
sliam; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham
bid, and has not directly or indirectly colluded, conspired, connived, or agreed Nyith any bidder or anyone else to
put in a sham bid, or that anyone shall refrain from bidding, that the bidder has not in any manner, directly or
indirectly,sought by agreement,communication, or conference with anyone to fix the bid price of the bidder or any
other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to
secure any advantage against the public body awarding- the contract of anyone interested in the proposed contract;
tliat all statements contained in the bid are tnue; and, further, that the bidder his not, directly or indirectly,
submitted his or her bid price or any breakdown tlrcrcof, or the contents thereof, or divulged information or data
relative thereto, or paid, and kill not pay, any fee to any corporation, pnrtncrship, company association,
organization,bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
ENCeilled on 4/30 19 9I„ Nipomo, San Luis Obispo County, CA
I declare tinder penalty of perjury under the laws of the State of California that the foregoing is tnue and correct.
(Signature of Declarant
f 7
BIDDER' BOND TO ACC NY PROPOSAL
Know all men by these presents:
That Nve VERNON EDWARDS CONSTRUCTORS, INC. , AS PRINCIPAL, and
INDEMNITY COMPANY OF CALIFORNIA AS SURETY, are held and frnll)•
bound unto the City of San Luis Obispo in the sum of.
TEN PERCENT OF THE TOTAL AMOUNT OF THE BID Dollars ( 107
_) to be paid to
said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made,
%ve bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally,
firmly by these present:;
THE CONDITION OF THIS OBLIGATIOiN IS SUCH, that if the certain proposal of the above
bounder VERNON EDWARDS CONSTRUCTORS, INC.
to construct CITY OF SAN LUIS OBISPO ENTRY SIGNS PROJECT NO. 95-46
(insert name of street and limits to be improved or project) dated April 30, 1997 is
accepted by the City of San Luis Obispo,
and if the above bounden VERNON EDWARDS CONSTRUCTORS, INC.
his heirs, executors, administrators, successors, and assigns shall drily enter into and execute a contract f
such construction and shall execute and deliver the taco bonds described xvithin ten (10) &IN's (not including
Saturdays, Sundays, or legal holidays) after the above bounden
VERNON EDWARDS CONSTRUCTORS, INC.
has received notice by and from the said City of San Luis Obispo that said contract is ready for execution,
thCrl-Ihis obligation shall become null and void; other%%ise, it shall be and remain in full force and virtue.
IN WITNESS WHEREOF, we hereunto sct our hands and seals this 24th day of April
1997
VERNON EDWARDS CONSTRUCTORS, INC.
Vernon Edwards , President
INDEMNITY COMPANY OF CALIFORNIA
Martha' J. Chase_; Aftforney-in-Fact
i
i
(Rev. 9-8-93)
3-o7S
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State Of California
County Of Orange
On 4/24/97 before me, Margareta T. Hierl Nnrary Puh1;r
DATE NAME.TITLE OF OFFICER-E.G..-JANE ME.NOTARY PUBLIC
personally appeared Martha J. Chase
NAME(5)OF SIGNER(S)
® 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 ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
11 — MARGARETA T. HIERL I SignnatUfe(S) on the instrument the person(s),
fr
CV -o cow F. 1. "1045303 or the entity upon behalf of which the
NOTARY RECOUNTY IC•CA!IFORt{IA
ORANGE 0 person( )s acted, executed the instrument.
� -
jl h1Y COh1MI;SION EXPIRES DEC.9, 1998 r
WITNESS my hand and official dal.
l
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLES)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
M ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIANICONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION.8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184
3-a
POWER OF ATTORNEY OF
INDEMNITY COMPANY OF CALIFORNIA
AND DEVELOPERS INSURANCE COMPANY N0 2 6 4 4 7 4
P.O.BOX 19725,IRVINE,CA 92713•(714)263-3300
NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31 st day of March,1999.
2. This Power of Attorney is void if altered or it any portion is erased.
3. This Power of Attomey is void unless the seal is readable,the text is in brown irk,the signatures are in blue ink and this notice is in red ink.
4. This Power of Attorney should not be returned to the A.:cr.n?,1s1-:--Fa:t.but should rem,a n a permanent part of the obligee's records.
KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited.INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each
severally,but not jointly,hereby make,constitute and appoint
'"*MARTHA J. CHASE, HENRY F.WRIGHT,JOHN P. BROOKS, MARGARETA T. HIERL,JOINTLY OR
SEVERALLY*
the true and lawful Attorney(s)-In-Fact,to make.execute.deliver and aeknowlecge,for and On behalf Of said corporations as Sureties•bonds.undertakings and Contracts of suretyship
in an amount not exceeding Two Million Five Hundred Thousand Dollars(S2,500.000)in any single undertaking;giving and granting unto said Attorney(s)-in-Fact full power and authority
to do and to perform every as necessary,requisite or proper to be done in connection therewith as each of said corporations could do.but reserving to each of said corporations full
power of substitution and revocation:and all of the acts of said Attorneys)-In-Fact•pursuant to these presents,are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY
COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986:
RESOLVED,that the Chairman of the Board.the President and any Vice President of the corporation be,and that each of them hereby is.authorized to execute Powers of
Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute•on behalf Of the corporation•bonds,undertakings and Contracts Of suretyship;and that the Secretary
or any Assistant Secretary of the Corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attomey;
RESOLVED.FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond.undertaking
or Contract Of suretyship t0 which it is attached.
IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective
Presidents and attested by their respective Secretaries this 14th day of June,1995.
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
By QW. V.lA4 LQ�1�11 v
B D e F.Vincenti,Jr. OIAPAN Y OF By--QD 1 to F.Vincenti,Jr. PS\t1P ORq,1,C
President .G OpP ORgl n President Qk.CO'rt 4r
a 9r ATT = AZAR 27 o O
EST
1979 2
1957.
/IF OP�\P j�2 ��n'aC 1F00
By * By
Walter Crowellr Walter Crowell
Secretary Secretary
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
On June 14,1995•before me,C.V.Brink,personally appeared Dante F Vincenti,Jr,and Walter Crowell,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.
C. V. BRINK
COMM.81036712
Signature NOTARY PUBLIC•CALIFORNIA
ORANGE COUNTY
My Comm.Exp.Aug.21,1999
CERTIFICATE ww��XXTT
The undersigned.as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby
certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective
Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine,California,lhis24th day of April ,199 7
IINDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
044 AN Y OF S\t15 URR,1,
�� V pPDR n �NopPOR7 �F
04 v r n
_= OCT.5 r B ur— MAR.27 i.
By L.C.Fiebiger W 1867 a y � L.C.Fiebiger ?A 1978 p
Senior Vice President ��i S//FOmN`p'��= Senior Vice President