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13-0820_AVI-CON DBA CA CONSTRUCTION_Contract (2)CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY" and AVI-CON, INC. dba CA CONSTRUCTION hereinafter referred to as "CONTRACTOR." IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non- Collusion Affidavit, the Designation of Sub-Contractors, the Contract which is prepared for execution by the CITY and the CONTRACTOR. Plans, Specifications and Special Provisions, the Uniform Building, Plumbing, Electrical and ~echanical Codes, Standard Specifications for Public Works Construction, 2012 Edition, including all Supplements, Contract Bonds, Resolutions adopted by the CITY pertaining to the work, insurance policies and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor, material, equipment, transportation, and supplies necessary to perform and complete in good and workmanlike manner the construction of Friends of the Library Bookstore Relocation, in strict conformity with the Plans, Specifications and all other contract documents prepared by James Goodman Architecture. and dated June, 26, 2012 which documents are on file at the Office of the City Clerk, City Hall, 32400 Pasco Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. CITY agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Bids. It is agreed that it would be impracticable and extremely difficult to fix the actual amount of damages, and loss sustained by CITY, should CONTRACTOR fail to complete the work in the specified time; therefore, CONTRACTOR shall pay CITY, as liquidated damages, not in the nature of a penalty, Five Hundred (500) Dollars per calendar day for each day delayed; provided that extensions of time with waiver of liquidated damages, may be granted as provided in the ATTACHMENT 2 Specifications. FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California, on forms approved by the CITY. The Performance Bond shall be for an amount of one hundred (1 00) percent of the amount of this contract and shall be conditioned on full and complete performance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred (1 00) percent of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by CITY in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code ofthe St~te of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the Office of the City Clerk, 32400 Pasco Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or any SUB-CONTRACTOR under him, shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the CITY and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than Two Million (2,000,000) Dollars combined single limit. Insurance certificates shall be for a minimum period of one (1) year. ATTACHMENT 2 CONTRACTOR shall mu111tain in full force and effect comprehensive automobile liability coverage, including owned ;hired, and non-owned vehicles in the following minimum amounts: $1,000,000 property damage; $1 ,000,000 injury to one person/any one occurrence/ not limited to contractual period; $2,000,000 injury to more than one person/any one occurrence/not limited to contractual period. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration of proposed cancellation of such policies for any reason whatsoever, the CITY shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than thirty (30) days before expiration or cancellation is effective. CONTRACTOR shall provide to CITY the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify, defend and save harmless the CITY, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which CONTRACTOR, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this contract. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATNE TO PUBLIC CONTRACTS. CITY is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to CITY, forfeit Twenty-five (25) Dollar for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB-CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight (8) hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. ATTACHMENT 2 IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of CITY, pursuant to City Council action, and by CONTRACTOR on the date set before t he name of each. Dated: · '6\-:J.o\'d.0 \3 ~TO FORM: H~: City Attomey City of San Juan Capistrano BY: __ =------------------- CHARLES A VILA , PRESIDENT LICENSE NO. AND CLASSIFICATION 4 IN WilNESS WHEREOF, this contract is executed by the duly authorized agent(s) of CITY, pursuant to City Council action, and by CONTRACTOR on the date set before the name of each. Dated:-------- ATTEST: Maria Morris, City Clerk ~ED AS TO FORM: ~-;;;:-City Attorney City of San Juan Capistrano BY:, __________ _ JOHN[;S?=0 -:c CHARLES A VILA, PRESIDENT LICENSE NO. AND CLASSIFICATION ATTACHMENT 2 BID PROPOSAL For the: Friends ofthe Library Bookstore Relocation CIP 13301 To the Members of the City Council City of San Juan Capistrano Gentlemen: From: __ Av_i_-_c_o_n_, r_n_c_. d_b_a -CA--'-C-o n_s_t_ru_c_t_io_n_, _s _as_6-02 , A, B • C61, D4 9 Contractor, License No. & Classification The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans, Specifications, Special Provisions, including all supplements therefore, read the Instructions to Bidders, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete the said construction in accordance with the Contract Documents, as defined in Section 1-2 of the Standard Specifications, in the time stated herein, for the unit price or lump sum given on the following pages of this proposal, amounting to a total of: -rl-f REE--Y tlfJO/CFi) r Wf.tnx -~fl' a ) $ -;2;1 ,mo --cQ Words Jf\OJ of\tV.fJ yY)t~ 1\NO '2£~ Figures Said amount to include and if~Jirtaxes, 1he furnishing of all materials, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of construction; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifications or the drawings for the work. If the contract is awarded, the undersigned agrees to enter into a contract with the City of San Juan Capistrano and to commence work within fifteen (15) calendar days from the date of execution thereof, and to diligently prosecute the work to completion before the expiration of One Hundred Fifty (150) calendar days. 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~~1%~~~~~~'«~«~~~~ } STATE OF CALIFORNIA County of Riverside On August 5, 2013 Date before me, Liza Marie Quintana. Notary Public Here Insert Name and Title or the Ollicer personally appeared .::::.C:.:.:h~a!.!rl.::::es~A:.!.v:..:.:ila~------------.=='"Sr==l-' --------------Name\iil of Slgneiij}' Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person~ whose name~is/l:n'Q..subscribed to the within instrument and acknowledged to me that he/she/the;! executed the same in his/he[ltheic authorized capacity~ and that by his/herJ!heic.signatur~ on the instrument the person~ or the entity upon behalt'of which the person~ acted, executed the instrument. the State of California that the foregoi and correct. ----------------------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 Document Date: ____________________ Number of Pages: ________ _ Signer(s) Other Than Named Above : ____________________ -,--____ """'7 Capacity(ies) Claimed by Signer(s) Signer's Name: _____________ _ D Individual · D Corporate Officer-Title(s): ______ "------ 0 Partner-D Limited 0 General D Attorney in Fact D Trustee 0 Guardian or Conservator D Other : _______ _ Signer Is Representing : RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name :. _____________ _ D Individual D Corporate Officer-Title(s) . ._· -------- 0 Partner-D Limited 0 General D Attorney in Fact D Trustee 0 Guardian or Conservator 0 Other: ------- Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here It is also understood by Bidder that the City of San Juan Capistrano has the right to reject this proposal or to award a contract to the undersigned at the prices stipulated. If the proposal is rejected, then any check or cashier's check shall be returned to the undersigned within thirty (30) days. No bid bonds will be returned . If the proposal is accepted and the undersigned fails to enter into a contract within fifteen ( 15) days after the agreement is delivered to him for signature, or within such further time as may be granted by the Members of the City Council, then said check shall be cashed or said bond declared forfeit and an amount equal to the difference between the lowest bid and the next lowest bid who will execute a contract shall be paid into the treasury of the City of San Juan Capistrano as liquidated damages for the failure of the undersigned to comply with the terms of this proposal. Accompanying this proposal is bid bond (Insert"$ cash," cashier's check, certified check or bidder's bond on the forms from pages BB-1 and BB-2 of these Contract Documents, as the case may be), in an amount equal to at least ten (10) percent ofthe total bid. The following is the name and place of business of the surety company which will furnish the required bonds as surety if the work is awarded to the undersigned: The Ohio Casualty Insurance Company,333 City Blvd, West. Suite 300 Orang_e, Ca. 92868 Licensed in accordance with an act providing for the registration of contractors--License No. 588602 -----------and Classification ___ A_,_8 _· c_6 _1 _·0_4 _9 ________ . 4 (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary, Treasurer, and Manager thereof.) Dated fl /~,6 J 7 Dated: '3¥) I 981 Iowa Ave. Ste . A , Riverside, Ca . 92507 Business Address (951)781-8055 Telephone Number Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Dated: __ ey"+-b-~ff-'V3=--__ k(k ? Signature of Bidder Dated ~)~ (951)781-8055 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~~~~~~~~~~·-~~~~~~~~~~ STATE OF CALIFORNIA County of Riverside } On August 5, 2013 Date before me , Liza Marie Quintana. Notary Public Here Insert Name and Title of the Offic er personally appeared ..::C~h::::a~rl::::e:::.S..:..A.:.:v.!!ila:::_ ___ -"-------:==~· ~=r:Tt:.__ ____________ _ NameOO of Slgnet(li' Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person~ whose name~is/aTQ..subscribed to the within instrument and acknowledged to me that he/shelthe;t executed the same in his~lthek autho rized capacity(ms).. and that by his/hsrLThsi.r..signatur~ on the instrument the person~ or the entity upon behalf of which the personW acted, executed the instrument. I certify under PENALTY OF PERJURY under t laws of the State of California t t the foregoing pa ra h is true and correct. 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 Slgner(s) Signer's Name: _____________ _ 0 Individual 0 Corporate Officer-T itle(s): ________ _ D Partner-D Limited 0 General 0 Attorney in Fact 0 Trustee D Guardian or Conse rvator D Othe r: ------- Signe r Is Representing : RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name : _____________ _ D Individual 0 Co rporate Officer -Title(s),_· -------- 0 Partner-D limited D General 0 Attorney in Fact D Trustee 0 Guardian or Conservator 0 Other : ·-----....,.--- Signer Is Representing : RIGHT THUMBPRINT OF SIGNER Top of thumb here Item Description No. 1 Foundation 2 Framin 4 5 6 7 8 SCHEDULE OF WORK ITEMS Friends of the Library Bookstore Relocation CIP 13301 Quantity Unit Price Cost Total Bid Price (Enter here and on Page 3) $ 1YUI l 002 I 00 Figures 6 NON-COLLUSION AFFIDA VII TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ' ) ) ss. Riv er si de County of ________ _; _______ c_h_a_rl_e_s_A...,.v...,..i_l_a -.,----------------'being first duly sworn deposes andsaysthatheis __ P_re_s_id_e_n_t_t_cE_o _______________________ of Avi-C on, In c. db a CA Cons t ructi on the party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the bid price of said bidder or of any other bidder, or to fix the bid price of or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in such bid are true; and further, that said bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as have a partnership or other financial :::::" wiili ;; ;;; ~ iliis gecaness <s;: ~ SIGNATURE Cha~~a . Pr eside nt I CEO ~ 2 013 On this the day of __ A_ug_u_st----·n2e.w/be{ore me, the ~dersigned, a Notary Public in and for said State , personally appeared _lA';:;__~Q;_\_~'_It.::.....:.S_Jt_;_v=-~~1lOt+,-------· pez:scmally kAO\V-A le me/proved to me on the basis of satisfactory evidence, to be the person~ whose nam«<J ' 5 subscribed to the within instrument, and acknowledge that ___ \)_e._...,-=----"7-=----r-------executed it. WITNESS my hand and official se . 7 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE§ 820 1111 See Attached Document (Notary to cross out lines 1-6 below) 0 See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) 1. 2. 3. 4. 5. 6. Signature of Document Signer No. 1 Signature of Document Signer No .2 (if any) State of California Subscribed and sworn to (or affirmed) before me on Countyof_R_iv_e_rs_id_e ___________ __ this 5th day of Augus t 20._1..:...3 __ Date Month Year by (1) Charles Avila Name of Signer proved to me on the basis of satisfactory evidence to be the person who app~ Jl( (2) -===--.--=:--------7"--+----' Place Notary Seal Above 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 anther document. Further Description of Any Attached Document Title of Type of Document:------------------------ RI';H I 11•11~1RPH N 1 1,1 ''G',ER tl HJI Hl 'HlJI'v11lPRINT U· ~ V-.lH l'l Top ofthumb here Top of thumb here Document Date:----------Number of Pages:-----.._ ________ __. .__ ____ ..J Signer(s) Other Than Named Above:------------------------ DESIGNATION OF SUB-CONTRACTORS Submit with Proposal. In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California a s amended, the undersigned certifies that he has used the sub-bids of the following listed sub-contractors in making up his bid, and that the sub-contractors listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications . It is understood and agreed that all those portions of the work called for in the contract documents for which a sub-contractor is not listed will be performed by the undersigned through his forces. If no sub-contractors are listed, all bonds and in surance will be written in the name of the general contractor only. 1. 2. 3. 4. 5. 6. 7. 8. Item of Work ~Wl!-.. ko J•Ji!CI4-L.. w A-flj:'_!?f.ro fi f'Jiu-. PN J'.fil N~ Sub-contractor License No. & Classification l < '\-J LAN O'fi;.A A N lrJ (t.f8l otter c::..,.--z.-7 CJ)fVT( N r:AJJ"Af....., '(lio..A~ t\tJo It~ :tl'i Cr91 f2.0ff., ~ ~\X\.NG.... 7~£7><:r G->q 1\N~I\1~ IM~~ ~S Wio c-z_ (Qo Uj>( ~-'&Sb ~~{ ~vr--PH f\:1 tJI\~ 4lloqs 2 C <? s f\\z.p..~ "'t>t\~ ~'- 7'16£1'8'2. ( .-4-"3 Address -8 Z-1'7::? ~ li PD U::.. G<tit¥-UCI vr:f§>!pe qv;,o '1 '2-HioO t\~·;:>~'D loP-oAHt 928 --;.q v1'!J LCUJ';rt "?i ~~UQ '?2-)1? -sso ~~~1...0 Cot:o)IJf\ ~-croo i ~0'2..-7 \'~~ ~\'1 ~~ ~L'J D tAf!t\~07 z., 3 '32.3-Z\ o~K>t~ ~. ~\}~)D f:..ct~\ t q J\A. V'O \eX. ltW!N6-~)~ Avi-Con,I nc.d b a CA Cons t ruction BIDDER'S NAME Phone Cf5t-(o o 0 -ct'l S'D q ztq --(oo~ --""2 713 ? AUTHORIZED SIGNATURE ~rles Avila, P r esident I CEO 8 DESIGNATION OF SUB-CONTRACTORS Submit with Proposal. In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California as amended, the undersigned certifies that he has used the sub-bids of the following listed sub-contractors in making up his bid, and that the sub-contractors listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications . It is understood and agreed that all those portions of the work called for in the contract documents for which a sub-contractor is not listed will be performed by the undersigned through his forces . If no sub-contractors are listed, all bonds and insurance will be written in the name of the general contractor only. Item of Work Sub-contractor License No. Address Phone & Classification ~~.J£-W QfU( ~-\€-8~ Lls io?O u.... ~-z.. c:t-71-btzq-- 1. 7<5--s ~t..{ ~ C~ \ ~Mf-C,\1'-'(\. 9Z$9o ~'8 7Lt 2. ~~ {j_\J-f:...\Xf\{ ~~~~)N ~ 17 2-7 '7 (.'\~ ~\. ~s-s -7~~-ot.tro b-zs ~3\7 C) 0 fnwlAy ct'ZOt" 4 fv\&\ 7;()uJ (2j \J NJ,;iVi fAcJ fl G \ ?'YD""'B ~ f>L£-- <f?l-'tf.s b-3So"7 3. fYWvorJf?:" 1Zlif?Ov uzYz Cl-oWN (p1jf21 4. JVO~ 0 \}~~'1 Cf~c~ fvlf!/Prv ~\}~\0£;-. ?.o?~ (AM.\"-10 %-~2.-L)- 5. ~~·c.t!Ti1v.J 'U\k'.Ek: fttl3fz7 c..c;;t o.u... &o'-)2..\\lf~o~ C\OS ctvoo?J 6. - Pw fvJ /5) lAI ~ 'f....~ ~o~tJL-"5 ~~~14 o~i\\<..0 qs\ -]b~- 7. 13~ laiJ.'"ll c~~~~ \)~ Cl-\~i \l~U£! !/(~ 7SZ.I HvAG "()t N (1) L-{) 11'3.47 'f"~,tsu.. ~\) ~+-'{ %'-13l8- 8 . ~J7. ISO) C/lf1 ~Wfk.~f:>t< ~ . .'U;;OS 7j3QQ Avi-Con,Inc.dba CA Construction BIDDER'S NAME -&;;;> ~ AUTHORIZED SIGNATURE Charles Avila, President I CEO 8 DESIGNATION OF SUB -CONTRACTORS Submit with Proposal. In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California as amended, the undersigned certifies that he has used the sub-bids of the following listed sub-contractors in making up his bid, and that the sub-contractors listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications. It is understood and agreed that all those portions of the work called for in the contract documents for which a sub-contractor is not listed will be performed by the undersigned through his forces . If no sub-contractors are listed, all bonds and insurance will be written in the name of the general contractor only . l. 2 . 3. f'Y\J {,(fE--''-J UJ)Iotr> l'?v' ~M~-lZ. P..v" fico~tJt.r, ~f4t1rtle C..-I'J ft.i>VANQ(, CA 'lz;~2; 4. 5. 6 . 7 . 8. Avi-Con,Inc .dba CA Construc t i on Pre s ide nt I CEO 8 DESIGNATION OF SUB-CONTRACTORS Submit with Proposal. In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California as amended, the undersigned certifies that he has used the sub-bids of the following listed sub-contractors in making up his bid, and that the sub-contractors listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications. It is understood and agreed that all those portions of the work called for in the contract documents for which a sub-contractor is not listed will be performed by the undersigned through his forces. If no sub-contractors are listed, all bonds and insurance will be written in the name of the general contractor only. Item of Work 1. 2. 3. 4 . 5. 6. 7. 8. Sub-contractor License No. & Classification Address Avi-Con,Inc.dba CA Construction BIDDER'S NAME ~-~ Phone AUTHORIZED SIGNATURE Charles Avila , President I CEO 8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~~~«~~~~~~~«.~~ STATE OF CALIFORNIA County of Riverside } On August 5. 2013 Date before me, Liza Marie Quintana. Notary Public Here Insert Name and Title of t he O Ui cer personally appeared ..:C;.:.;h:.:::a~rle=.;s::;,:..:A;,:.;vi~la=----------~=~'~=77:'---........ --------- Name(ii1 of Signe~ Place N otary Seal Above who proved to me on the basis of satisfactory evidence to be the person~ whose name~is/llre..subscribed to the within Instrument and acknowled~ed to me that he/s~ executed the same in hislhe{ltheic authorized capacity~ and that by his/hecLthei.tsignatur~ on the instrument the person~ or the entity upon behalf of which the person~ acted , executed the instrument. 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 Document Date : ___________________ Number of Pages : _______ _ Signer(s) Other Than Named Above : _________________________ _ Capaclty(les) Claimed by Signer(s) Signer's Name : _____________ _ D Ind ividual D Corporate Officer-T ltle(s): ________ _ D Pa rtner -D Limited D General D Attorney in Fact D Trustee 0 Guardian or Conservator 0 Ot her : ______ _ Signe r Is Represent ing : RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ____________ _ D Individual D Corporate Officer -Title(s) :...: ----------- 0 Partner-0 Limited 0 Ge neral D Attorney in Fact D Trustee D Guardian or Conservator D Other : ------- Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here INSTRUCTION TO BIDDERS Securing Documents Plans, Specifications and other contract documents will be available for examination without charge and copies may be secured in accordance with the "Notice Inviting Bids." Examination ofPlans, Specifications and Site ofWork The bidder is required to examine the site of work, the Proposal, the Plans and the Specifications, and Special Provisions, if any, very carefully. He shall satisfy himself as to the character, quality and quantities of the work to be performed, the materials to be furnished and the requirements of the Contract Documents. The plans for the work show conditions as they are believed to exist, but it is not to be inferred that all the conditions as shown thereon are actually existent, nor shall the City of San Juan Capistrano or any of its officers or agents be liable for any loss sustained by the contractor as a result of any variance between conditions shown on the plans and actual conditions revealed during examination or progress of the work. The submission of a proposal shall be prima facie evidence that the bidder has made such an examination. Interpretation ofDrawings and Documents If any bidder should fmd discrepancies in, or omissions from the drawings, specifications or other proposed contract documents, or if he should be in doubt as to the true meaning of any part thereof, he shall at once make a written request to the Engineer for correction, clarification or interpretation of the point or points in question. The person submitting such a request shall be responsible for its prompt delivery. In the event that the Engineer receives such a request and it should be found that certain essential information is not clearly and fully set forth, or if the Engineer discovers errors, omissions, or points requiring clarification in the drawings or documents, a written addendum will be mailed to each person to whom a set of contract documents has been delivered. The City of San Juan Capistrano will not be responsible for any instructions, explanations or interpretations of the documents presented to bidders in any manner other than written addendum. Addenda or Bulletins The effect of all addenda to the contract documents shall be considered in the bid and said addenda shall be made a part of the contract documents and shall be returned with them. Before submitting his bid, each bidder shall inform himself as to whether or not any such addenda have been issued, and failure to cover in his bid any such addenda issued may render his bid invalid and result in its rejection. Disqualification of Bidders No person, firm or corporation shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm or corporation who has submitted a sub-proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a bid in his own behalf. 9 Proposals Bids to receive consideration shall be in accordance with the following instructions: A. Bids shall be made only upon the forms provided within these specifications; all bid items shall be properly filled out; bid prices shall be stated both in words and in figures; and the signatures of all persons signing shall be in longhand. Where there is a conflict in the words and the figures, the words shall govern. B. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons sisning the bid. C. Bids shall not contain any recapitulation of the work to be done. Alternate proposals will not be considered except as required hereinabove. No oral, telegraphic or telephonic proposals or modifications will be considered. D. The City of San Juan Capistrano may require any bidder to furnish a statement ofhis experience, financial responsibility, technical ability, equipment and references properly and fully filled out. E. Each bidder shall list his proposed sub-contractors on the form accompanying the proposal in accordance with the provisions of the specifications. F. Each bidder must accompany his bid with either a cashier's check upon some responsible bank, or a properly certified check upon such bank, or an approved corporate surety bond payable to the City of San Juan Capistrano for such a sum of not less than ten (10) percent of the aggregate sum ofthc bid, which check or bond and the monies represented thereby shall be held by the City of San Juan Capistrano as a guarantee that the bidder, if awarded the contract, will in good faith enter into such contract and furnish the required bonds. The bidder agrees that, in case of his refusal or failure to execute said contract and give bonds within the time required by these documents, such check or bond, and the money represented thereby, shall remain the property of the City of San Juan Capistrano and, if the bidder shall fail to execute said contract, said surety will pay to the City of San Juan Capistrano the damages which the City of San Juan Capistrano may suffer by reason of such failure not exceeding the sum of ten ( 1 0) percent of the amount of the bid. A bid received and not accompanied by such cashier's check, certified check or approved bond shall be rejected. G. Bids shall be delivered to the City of San Juan Capistrano at the location stipulated on or before the day and hour set for the opening of bids, as hereinbefore specified in the "Notice Inviting Bids." Bids shall be enclosed in a sealed envelope bearing the title of the work, the name ofthe bidder, bid opening date and time of bid opening . 10 Licensing of Contractor All persons, firms, partnerships or corporations shall be licensed in accordance with the Business and Professions Code of the State of California and the applicable ordinances of the City and County before doing any work of any kind . Withdrawal ofBids Any bidder may withdraw his bid in person or by written request at any time prior to the scheduled closing time for receipt of bids. Opening of Bid Proposals The City of San Juan Capistrano will, in open session, publicly open, examine and declare the bids at the time set forth in the "Notice Inviting Bids." Bidders or their authorized representatives arc invited to be present. Award of Contract or Rejection of Bids No bidder may withdraw his bid for a period of ninety (90) days after the date set for the opening of bids. The contract for the work will either be awarded or the bids rejected within the ninety (90) days from the date set for the opening of bids. The contract for the work will be awarded to the lowest responsible bidder complying with these instructions and with the "Notice Inviting Bids." The City of San Juan Capistrano, however, reserves the right to reject any or all bids and to waive mere informalities, minor technical errors or irregularities, obvious clerical errors or erasures. The bidder to whom the award is made shall execute two (2) copies of the written contract with the City of San Juan Capistrano and furnish the stipulated bonds, insurance and bid breakdown within fifteen ( 15) days after the bid opening date. The contract shall be made in the form adopted by the City of San Juan Capistrano. The release of the successful bidder's surety deposit, as previously stipulated (page 5), shall be made upon the City of San Juan Capistrano's acceptance of the Labor and Materials Bond and the Faithful Perf01mance Bond. If the bidder to whom the award is made fails to enter the contract as herein provided, the award may be annulled and an award may be made to the next lowest responsible bidder; and such bidder shall fulfill every stipulation embraced herein, as if he were the party to whom the first award was made. A corporation to which an award is made shall furnish evidence of its corporate existence and evidence that the officer signing the contract and bonds for the corporation is duly authorized to do so. The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Labor and Material Bond in a sum not less than one hundred (1 00) percent of the total amount payable by the terms of the contract and a Faithful Performance Bond in a sum not less than one hundred ( 1 00) percent of the amount of the contract Said bonds shall be secured from a surety company selected from the surety companies set forth in the standard specifications. Bonds must be submitted on the forms contained in these specifications. Time Performance 11 The work shall be commenced within fifteen (15) calendar days from the date of issuance of the Notice to Proceed and shall be diligently prosecuted until completion. A time limit of one hundred fifty (150) calendar days from the date specified in the Notice to Proceed has been set for completion of the work. The bidder's attention is directed to the specifications as to provisions for extension of time of completion and/or assessment ofliquidated damages . Assignment of Contract No assignment by the Contractor of any contract to be entered into hereunder or any part thereof, or of funds to be received thereunder by the Contractor, will be recognized by the awarding authority unless such assignment has had prior approval of the awarding authority and the surety has been given notice of such assignment in writing and has consented thereto in writing. Workmen and Wages Attention is specifically directed to all provisions of the Labor Code of the State of California with regard to workmen and wages . Wages shall not be less than prevailing wage rates determined by the City of San Juan Capistrano pursuant to said Code and as listed in the "Notice Inviting Bids ." Construction Permits It shall be the Contractor's responsibility to obtain all necessary permits, bonds and insurance, as required, for the completion of the project. No extra compensation shall be made therefore . The Contractor will be required to execute a City Encroachment Permit for construction work under this contract. This Encroachment Permit does not satisfy the requirement for transportation permits for overload or overweight vehicles . The Contractor shall contact the Engineering Division for issuance ofthese permits . 12 ·. BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, AVI -CON, Inc. dba CA Construct1on --------------------------~ as PRINCIPAL, and The Ohio Casualty Insur:ance Company ______________ __, as SURETY, hereinafter called Surety, are held and firmly bound unto the CITY OF SAN JUAN CAPISTRANO, Obligee, hereinafter called City, in the sum Ten Percent o f the total amount bid of$ • for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally , fairly by the se presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has submitted the accompanying bid dated /1l!.~ tin/ (a ~. for the construction of "Friends of the Library Bookstore Relocation CIP 13301", for the CITY OF SAN JUAN CAPISTRANO, Orange County, California . NOW, THEREFORE, ifthe Principal shall not withdraw said bid within th itty (30) days after the opening of same, and shall, within fifteen ( 1 5) days after the agreement has been presented lo him for execution, enter into a written contract with the City in accordance with the bid as accepted. and if the Principal shall give the required bond with good and sufficient sureties, or sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and materialmen, or in the event of the withdrawal of said bid within the periods specified, or the failure to enter into said contract and give said bond within the time specified, if the Principal shall within sixty (60) days after request by the City, pay the City the di:tTerence between the amount speciJied in said bid and the amount for which the City may procure the required work and' or supplies if the latter amount be in excess of the former, then the above obligation shall be void and of no e!fecl. otherwise to remain in full force and virtue. Further, as a part of the obligation secured hereby, and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation , all to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF, the above-bounden parties have executed tllis instrument under their BB-1 several seals this ___ 2_2_n_ct ____ day of __ J_u_1Y __ J2013 , the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Two Witnesses (Iflndividual) AVI-CON, Inc. dba CA Conscntcc~on PRINCIPAL ATTEST (If Corporation) Corporate Seal The Oh1o Casualty Insurance Ccmp'"'Y ATfEST APPROVED AS TO FORM: Hans Van Lighten, City Attorney BB-2 THIS POWER OF ATTORNEY IS NOT LID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. American Fire and Casualty Company The Ohio Casualty Insurance Company liberty Mutual Insurance Company West American Insurance Company PO WER OF ATI ORNEY Certificate No . 6099104 KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Oh io Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporat ion duly organized under the laws of the State of Indiana {here in collectively called the ·companies"), pursuant to and by authority herein set forth , does hereby name, constitute and appoint. Gerrit E. Brouwer; James P. Schabarum II; Jase Hamilton; Jeffrey W. Cavignac aH of the city of San Diego , state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make , execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings , bonds, recognizances and other surety obligations, in pursuance of these presents and shalf be as binding upon the Companies as if they have been duly signed by the pres ident and attested by the secretary of the Companies in their own proper persons . STATE OF WASHINGTON COUNTY OF KING ss American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company By: G~Secretary On th is 26th day of April • 2013 , before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Oh io Casualty Company, and West American Insurance Company, and that he , as such, be ing authorized so to do, execute the forego in g instrument for the purposes therein conta ined by sign ing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written . ~~~UUIII1iJq1 .~"' ~.~~~ ... ""·-..~ l ~tn>!~~. \ ~ i IIOTI\R'f ~ ~ ;: \ PVIJi.IC • :! ,,.._,... ~t~f "<.'If· :.a!-::.'~~·~o.? ~~~::!~\~ By: ~J?i '~ KD Riley , Not Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casuatty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV-OFFICERS -Section 12. Power of Attonney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appo int such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute , seal, acknowledge and del iver as surety any and all undertakings, bonds, recogn izances and other surety obligat ions. Such attorneys-in-fact , subject to the limitations set forth in their respect ive powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation . When so executed, such instruments shall be as binding as if signed by the Pres ident and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII-Execution of Contracts-SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president , and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fac~ as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and del iver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the pres ident and attested by the secretary. Certlflcate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appo int such attorneys-in-fact as may be necessary to act on behalf of the Company to make, execute , seal, acknowledge and deliver as surety any and all undertak ings, bonds, recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechan ically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, David M. Carey, the undersigned, Ass istant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correcu:o~ of the Power of Attorney executed by said Companies , is in full force and effect and has not been revoked . JUL J. I. 2013 IN TESTI MONY WHE REOF, I have hereunto set rny hand and affixed the seals of sa id Compan ies th is __ day of , 20 __ . . ,,~ OllVidMC . ·' ~Secretary LMS_12B73_092012 88 of 250 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Diego } On 07/22/13 before me, Julia P. Plemmons. Notary Public Horo Insert Name and Title of the Officer Date personally appeared =.J:::;as::;.;e:::..··.:...:H:.::::a;.:.m.:.;.;il:.:.:to::.:.n..:.._ ________ -=---:-:-:c=-..,...,..,,.,.--------------- Nama(s) of Sigr'fet(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personW whose nameW is/e:re subscribed to the within instrument and acknowledged to me that helst're/they executed the same in his/1=\er/t:fteir authorized capacityftest, and that by his/l=tef/-tfteif-signaturefs) on the instrument the personM, or the entity upon behalf of which the personM 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~N\A ~ Si re of Nolaty PU!i o ----------------------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: Bid Bond-A VI-CON, Inc. dba CA Construction Document Date:-=Oc:...7:...:/2=2::...11:...::3o__ _______________ Number of Pages:-=2=---------- Signer(s) Other Than Named Above:..;,.N.;,;,./A;_;_ _____ -'------------------- Capacity(ies) Claimed by Signer(s) Signer's Name:..::J.::.as::..:e:..;H:...:.;a;;.;m.:..:.i;;..;lto=..:n~--------- 0 Individual 0 Corporate Officer-Title(s): ________ _ 0 Partner-0 Limited 0 General ri1' Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ~------ Signer Is Representing : The Ohio Casualty Insurance Company RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: _____________ _ 0 Individual 0 Corporate Officer -Title(s):'---------- 0 Partner-0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: -------- Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~~~~~'§L~..g(,~~~~~~~~~~~ STATE OF CALIFORNIA County of Riverside } On August 5, 2013 before me, Liza Marie Quintana. Notary Public Here Insert Name and Title of the Officer Date personally appeared .:::C:..:.;h~a~rl.:::.es::::....:...A:.:.v.:.:.;ila:::,_ ________ ---:=="'='' ~=.-::7'-'-------------- Namei?l of Signer¢ Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personts). whose name~ is/~ subscribed to the within instrument and acknowledged to me that he/she/the¥ executed the same in his~lttreN: authorized capacity(les).. and that by his/hstilheil:,signatur~ on the instrument the person~ or the entity upon behalf of which the personW acted, executed the instrument. I certify under PENALTY OF PERJURY under the Ia the State of California t the foregoing paragrap s and correct. 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 Slgner(s) Signer's Name: _____________ _ D Individual D Corporate Officer-Title(s):. ________ _ D Partner-D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other : ______ _ Signer Is Representing : RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: _________ ;..._ ___ _ D Individual D Corporate Officer -Title(s):'----------- 0 Partner -D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other : -------- Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ADDENDUM NO. 1 TO THE SPECJFICA TIONS AND BID FORMS FOR THE CONSTRUCTION OF THE FRIENDS OF THE LIBRARY BOOKSTORE RELOCATION CIP 13301 August, 2013 To: All Plan Holders From: The City of San Juan Capistrano James Goodman Architecture Friends of the Library Addendum 1 was added as a part of the Plan and Specification package made available through the City's Plan Room at Coastal Blue. Notice is hereby given to prospective bidders that the changes, additions, and/or deletions therein are made a part of the Plans and specifications to furnish, deliver, and install the Friends of the Library Bookstore Relocation (CIP 1330 1) project as fully and completely as if the same were fully set forth therein. This Addendum No. 1 shall form a part of the Contract Documents and take precedence of the original Contract Documents. Bidders shall acknowledge receipt of this Addendum No. 1 by signing page Page A 1-2 and include it in the Contractor's bidding document package. DATED: August 6, 2013 PAGE Al-l By: Joe Mankawich Associate Engineer City of San Juan Capistrano Addendum No. 1 City of San Juan Capistrano Friends of the Library Bookstore Relocation THIS PAGE TO BE ATTACHED TO BIDDING DOCUMENTS. I have received Pages Al-l through Al-4. Date Received by Bidder: Typed or Printed Name Addendum l Library Bookstore PAGEAI-2 ADDENDUM NO. 2 TO THE SPECIFICATIONS AND BID FORMS FOR THE CONSTRUCTION OF THE FRIENDS OF THE LIBRARY BOOKSTORE RELOCATION CIP 13301 August 1, 2013 To: All Plan Holders From: The City of San Juan Capistrano James Goodman Architecture Friends of the Library Notice is hereby given to prospective bidders that the following changes, additions, and/or deletions are hereby made a part of the Plans and specifications to furnish, deliver, and install the Friends ofthe Library Bookstore Relocation {CIP 13301) project as fully and completely as if the same were fully set forth therein. This Addendum No .2 shall form a part of the Contract Documents and take precedence of the original Contract Documents. Bidders shall acknowledge receipt of this Addendum No. 2 by signing page Al-2 and emailing a copy of page Al-2 to the City of San Juan Capistrano, Mr. Joe Mankawich, jmankawich raj,sanjuancapistrano .org by 2:00PM Monday August 5, 2013. In addition, Page Al-2 shall be included in the Contractor's bidding document package. DATED: August 1, 2013 PAGE A2-l By: Joe Mankawich Associate Engineer City of San Juan Capistrano Addendum No.2 (August 1, 2013) City of San Juan Capistrano Friends of the Library Bookstore Relocation THIS PAGE TO BE ATTACHED TO BIDDING DOCUMENTS. I have received Pages A2-1 through A2-4. Date Received by Bidder: 8/5/2013 Addendum 2 Library Bookstore -August 1 2013 .doc PAGEA2-2 Avi-Con,Inc.dba CA Construction Charles Avila, President I CEO Typed or Printed Name Addendum No.2 (Au gust 1, 2013) City of San Ju an Capis trano Friends of the Library Bookstor e Relocation BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'S Name and Street Address: Avi-Con,Inc.dba CA Construction-981 Iowa Ave . Ste. A, Riverside, Ca. 92507 2. CONTRACTOR'S Telephone Number: (951)781 -8055 Facsimile Number: (951) 781-8033 E-mail address: aa®cacons t ruction . n et 3 . CONTRACTOR'S License: Primary Classification State License Number(s): 588602 Supplemental License Classifications: A, B, C61, D49 4. Surety Company and Agent who will provide the required Bonds on this Contract: Friends of The Library Bookstore Relocation Name of Surety The Ohio Casua l ty Insurance Company Address 333 City Blvd . West , suite 300,0range ca.92868 Surety Company Agent sara Pop l aswki Telephone Numbers: Agent (71 4 ) 642-0454 Surety (714 l 937-Hoo ex632 5. Type of Firm (Individual, Partnership or Corporation): corporation 6. Corporation organized under the laws of the State of: california 7. List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or firm: Charles Avila, President/CEO,Naomi Avila,Vice President ,Jacob Avila ,Secretary 8. Number of years experience as a contractor in this specific type of construction work: 2 3 9. List at least three related projects of comparable size and complexity completed within the last 10 years: Owner Wh ittier Union High School District Contact Dan ny Tru e Phone ( 562 ) 698 ~8121 p-·j~ Project ( 56 2 ) _6_9_8 _-8_1_2_1 ___ _ Address 9 4 0 J Sou th Pa inter Ay e . Whittier. ca . 90605 Class ofwork Gener a l Construction Contract amount ..:.:S~1 .... ..:;.1 ..:.o72~·t...;4:...9:..:9:..:.·~5..:.3 ______ _ Date completed -~9 .... 1 .:..2 .:;:.0 1.:...:2;;:,_ ________ _ Ad dendum 2 Library Bookstore-August l 20l3.doc PAGE A2-l 0 Addendum No.2 (August 1, 2013) City of San Juan Capistrano Friends of the Library Bookstore R elocation Owner County of Los Angeles Contact Maureen Ng \ Phone ( 3 2 3t_2 _6 o_-_3_4 _7 3_....;~;...n.~,....,x_,((~::s.Y • Project ( 951 ) 571-0281 WOOd Crest Library Address 1340 West 106th Street, Los Angeles, CA 90044 Classofwork Renovation o f Existing Public Library Contract amount ...;$~;..;8;..;7...;;3..:.., .:;.3..:..7 .;;.8 --------- Date completed __ ....j8...,1..=2oi:00..:.:.09..._ _______ _ Owner ___ c~i_t~y~o~f __ R_iv~e_r_s_l_.d_e ______ _ Contact __ c_h_r_i_s_t _i _n_a __ G_u _er_r_e_r_o ____ _ Phone C'-......,..,..,.9s_l_,13 34 -9304 Project( 951 ) 826-5201 Ri vers ~de Public Library Address 3581 Mission Inn Ave , Riversi d e , CA 92501 Classofwork I n ter j or Mp d if j catjons to Exis ti ng Library Contract amount __.$;...lwlu:6!._,., ...LJawawa ________________ _ Date completed __ ....;;6.._/..;.2..;;..oo.;..7;..._ _______ _ 10. List the name and title of the person who will supervise full-t i me the proposed work for your firm: Josh Miller Which similar project (s) listed above did he/she perform supervisor duties? California School of the Deaf Is full-time supervisor an employee OR contract services? Full-t ime Employee 11. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. * * * * * Addendum 2 Library Bookstore -August I 20 13 .doe PAGE A2-11 Completed Projects Project Name: Hangar 244 Rehabilitation Project Location: 6990 Marine Way, Irvine, CA 92618 Project Owner: Orange County Great Park Corp. Contact: Christine Templeton Title: Manager of Engineering Development Address: PO Box 19575, Irvine, CA 92623 Phone: 949-724-7408 Fax: 949-724-7407 Project CM: DMC Engineering Contact: Howard Colburn Title: Construction Manager Address: 18 Technology, Suite 100, Irvine, CA 92618 Phone: 949-753-9393 Fax: 949-753-9322 Project Architect: Westgroup Designs Contact: Rober Ader Address: 19772 MacArthur Blvd., Suite 100, Irvine, CA 92615 Phone: 949-250-0880 Fax: 949-250-0882 Contract Initial: $1,0 17,000.00 Contract Final: $1,425,927.36 Project Start: 03/281201 I Project Completion: 07/10/2011 Description of Work: Building abatement and rehabilitation, seismic upgrades. Status: Project Manager: Superintendant: installation of new mechanical, plumbing, electrical and fire protection systems. 100% Paul LaBella Kevin Frazer 981 Iowa Avenue, Suite A I Riverside, CA 92507 I P 951-781-8055 1 F 951-781-1077 Email cac@caconstructlon.net I Website www.cacgnstructlon.net License II 588602 Completed Projects Project Name: Project Address: Project Owner: Address: Contact: Title: Phone: Fax: El Toro Memorial Park Maint. Bldg. Fire Damage Repair 25751 Trabuco Road, Lake Forest, CA 92630 Orange County Cemetery District 25751 Trabuco Road, Lake Forest, CA 92630 Tim Deutsch General Manager 949-95 1-9102 949-95 1 -0236 Project Architect: James Mickartz Architect Contact: James Mickartz Address: 4 70 Wald, Irvine, CA 92618 Phone: 949-450-1088 Fax: 949-266-5557 Contract Initial: $327,000.00 Contract Current: $345,989.99 Project Start: October 29, 2012 Completion date: March 15, 2013 Description of Work: Design and build of maintenance building, including demolition of existing asphalt, site work, grading, removal of debris, installation of concrete foundation slab. Installation of fire/heat sensor system to conform with fire department requirements. Removal of asphalt curbs and installation of new concrete curb to Status: Project Manager: Superintendant: the designated section of the grounds. 100% David Patnode Jeff Moody 981 Iowa Avenue, Suite A 1 Riverside, CA 92507 1 P 951-781-8055 1 F 951-781-1077 Email cac@caconstructlon.net 1 Website www.caconstructlon.net Ucense # 588602 Completed Projects Project Name: San Bernardino Valley Municipal Water District Warehouse Project Location: 600 W. San Bernardino Ave., Redlands, CA 92374 Project Owner: San Bernardino Valley Municipal Water District Contact: Mike Esquer Title: Project Manager Address: 600 West San Bernardino Ave., Redlands, CA 92373 Phone: 909-387-9253 Fax: 909-387-9247 Project Architect: Michael Burke Design Contact: Michael Burke Address: 300 East State Street #620, Redlands, CA 92373 Phone: 909-798-2748 Fax: 909-798-6874 Contract Initial: $1,375,000.00 Contract Final: $1,322,845.80 Project Start: 3/5/12 Project Completion: 9/4/12 Description: Construction and operation of a 14,000 square foot single story warehouse building including site paving, concrete flatwork, storm drainage, utility systems, landscape planting, landscape irrigation, Status: Project Manager: Superintendant: site lighting, trash enclosure, and other site features. 100% David Patnode Ryan Taylor 98llowa Avenue, Suite A 1 Riverside, CA 92507 I P 951-781-8055 I F 951-781-1077 Email cac@caconstruction.net I Website www.caconstruction.net License # 588602 Completed Projects CA Project Number: 09245 Project Name: Navy Medical Drug Screening Lab Project Address: 9885 Carrol Canyon Rd., San Diego, CA 92134 Project Owner: Stronghold Engineering, Inc. Contact: Pat Walls Title: Project Manager Address: 2000 Market Street, Riverside, CA 92507 Phone: 951-712-8431 Fax: 951-684-3813 Project Architect:Ravatt, Albrecht & Associates, Inc. Contact: Paul Reinhardt Title: Architect Address: 3203 Lightning Street, Suite 201, Santa Maria, CA 93456 Phone: 805-928-5002 Fax: 805-928-0195 Contract Dollar Amount: $2,236,444.94 Change Orders: $316,444.94 Project Start Date: 12/21/09 Project Completion Date: 6/21/10 Description of Work: renovation, upgrades, and expansion Status: 100% Superintendant: Joshua Miller Work Completed By CA: $1,190,000.00 981 Iowa Avenue, Suite A I Riverside, CA 92507 I P 951-781-8055 I F 951-781-1077 Email cac@caconstructlon.net 1 Website www.caconstructlon.net Ucense # 588602 Completed Projects Project Name: Arrowhead Regional Medical Center-Pharmacy IV Project Address: 400 N. Pepper Ave., Colton, CA 92324 Project Owner: County of San Bernardino Address: 385 N. Arrowhead Ave., San Bernardino, CA 92415 Contact: Arcie Cummings Title: Project Manager Phone: 909-387-5227 Fax: 909-387-5050 Project Architect: gk.kworks Contact: Joseph MacDonald Address: 2355 Main St., Suite 220, Irvine, CA 92614 Phone: 949-250-1500 Contract Initial: $337,000.00 Contract Final: $347,385.00 Project Start: June 18,2012 Project CompJ.: February 22, 2013 Description of Work: Improvements to existing pharmacy for compliance with USP797 including separate anteroom of at least ISO Class 7 air quality, create separate clean room environments meeting ISO Class 5 for ingredients for CSPs for storage of devices that provide opportunity to exposure to contamination, create two new air conditioning zones to meet the air change requirements for an ISO Class 7 environment, implement the additional mechanical and electrical requirements. Status: 100% Project Manager: Superintendant: David Patnode Cody Bierma 981 Iowa Avenue, Suite A I Riverside, CA 92507 I P 951-781·8055 I F 951·781·1077 Email cac((llcaconstruction.net 1 Website www.caconstructlon.net License # 588602 Completed Proiects Project Name: General Old Golf Course Clubhouse Remodel Project Address: 16700 Village West Drive, Riverside, CA 92518 Project Owner: March Joint Powers Authority Address: 16700 Village Drive Riverside, CA 92518 Contact: Mike De Vries (Vanir Construction Manager) Tide: Project Manager Phone: 909-384-1785 Fax: 909-381-7534 Project Architect: Melzer Deckert & Ruder Architects Inc. Contact: Mark Melzer Address: 9511 Irvine Center Drive, Irvine, CA 92618 Phone: 949-474-8188 Fax: 949-474-8189 Contract Initial: $1,237,000.00 Contract Final: $1,472,597.40 Project Start: 11/l/11 Project Completion: 5/20/12 Description of Work: Renovation of golf clubhouse building, new exterior and interior finishes, roofing replacement, new roof structure, demolition of existing and construction of men's and women's restrooms, commercial kitchen, retrofit of HV AC and plumbing systems, electrical work, parking Jot improvements, storm water mitigation system, new site and building utilities, tie-in connections to existing utilities, fire line, trenching and backfill, grease interceptor, landscape, cart paths, and hardscape Status: 100% Project Manqer: Paul LaBella Superintendant: Doug Bell 981 Iowa Avenue, Suite A I Riverside, CA 92507 1 P 951-781-8055 I F 951-781-1077 Email cacOcaconstructlon.net I Website www.caconstruction.net License # 588602 Transmittal Sheet 981 Iowa Avenue, Suite A Riverside, CA 92507 CONSTRUCTION Phone 951-781-8055 Fax 951-781-1077 Lie. #588602 www.caconstruction.net =====------AVI-CONINC.- TRANSMITTAL SHEET To : Joe Mankawich From : Aaron Avila company: City of San Juan Capistrano Title : Delivery Method : hand Date: 8/21 /2013 Project: Friends Of The Library CA Project Number: 13355 Owner Project Number: TRANSMITTAL TYPE: 0 Contract/Agreement 0 Submittals -Submittal #CA -- 0 Labor Compliance Fomns 0 Returned Submittals -Submittal #CA -- 0 Project Documents 0 Preliminary lnfomnation 0 Schedule of Values 0 Plans/Specifications 0 Project Schedule 0 Pay Application ~Other : BONDS COMMENTS: Please find the enclosed (3) Executed Performance Bonds (3) Executed Payment Bonds THE ABOVE ITEMS ARE ISSUED TO YOU: 0 For Approval 0 Approved as Submitted 0 As Requested 0 Approved as Noted 0 Returned for Corrections 0 For Your Use 0 Action Required 0 No Action Required If you have any questions regarding the attached documents, please contact our office at (951 )781-8055. Thank you. Executed in Triplicate PERFORMANCE BOND KNOW ALL :MEN BY THESE PRESENTS: That A VI-CON, Inc . dba CA Construction Bond No . 024048281 Premium: $5,905 .00 Premium is for contract term and is subject to adjustment based on final contract price as Principal, hereinafter called CONTRACTOR, and The Ohio Casualty Insurance Company as Surety, hereinafter called SURETY, are held and firmly bound unto the CITY OF SAN JUAN CAPISTRANO, as Obligee, hereinafter called CITY, m the amount of Three Hundred Twenty Seven Thousand and 00/100 ($327,000.00) Dollars for payment whereof Contractor and Surety bond themselves, their heirs , executors, administrators, successors, and assigns, jointly and severally, fairly by these presents . WHEREAS, Contractor has by written agreement dated ___ 8_1_14_12_0_1_3 _____ _ entered into a (describe agreement):_for the construction of: "Friends of the Library Bookstore Relocation CIP 13301" which contract is by reference made a part hereof; NOW THEREFORE, the condition of this obligation is such that, ifPrincipal shall promptly and faithfully perform said agreement, then this obligation shall be null and void ; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered . PB-1 2 . Said Surety , for value received, hereby stipulates and agrees that n o ch a nge, extension of time, alteration , or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereb y waive notice of any such change, extension oftime, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this __ 2_0_th _____ day of __ A_u_g_u_st ________ , 2013 , at __ c_av_ig_n_a_c_&_A_s_so_c_ia_te_s_, _45_o_s_st_re_e_t _su_it_e_1_8o_o_. _s_an_D_ie_go __ ,, California. HANS VAN LIGTEN, CITY ATTORNEY PRINCIPAL A VI-CON, Inc . dba CA Construction ~~~f:eo PB-2 se Hamilton , Attorney-in-Fact OTARTZATTON AND SEAL) THIS POWER OF ATIORNEY IS NOT {.. 0 UNLESS IT IS PRINTED ON RED BACKG NO. this Power of Attorney limits the acts of those nallltd nereln, and they have no authority to bind the Company except In the manner and to the extent herein stated. American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company POWER OF ATTORNEY ~- Certificate No. 6099138 all of the city of San Diego state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal , acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds , recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have 6een duly signed by the president and attested by the secretary of the Companies in their own proper persons . American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company By: ~et·~ KD Riley , No Pubhc Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such attorneys-in-fact as may be necessary to act on behalf of the Company to make , execute , seal , ackn9Wiedge an<Ldeliver as surety any and all undertakings, bonds , recognizances and other surety obligations . Authorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistanf secretary of the Company, wherever appearing upon a certified copy of any power of atfomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies , is in full force and effect and has not been revoked . 2011 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed th;_. seals__o~id ~Companies th is __ day AtJS ~ 0 Jb __ ~_ . LMS_12873_092012 122 of 250 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Diego } On 08/20/13 before me, Julia P. Plemmons. Notary Public Here Insert Name and Title of the Officer Date personally appeared =.J:::.as:::.:e::....:....H:.::a:..:..:m~i.:..:.lto:::.:n:..:...._ ________ ___,,---,..,.....,...,..,.c.-:--~--------------- Name(s) of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person{st whose name{st is/are subscribed to the within instrument and acknowledged to me that helshe/tliey executed the same in his/l=ter/tfteir authorized capacitytfes1, and that by his/Aef:/-thetf-signatur$) on the instrument the person{st, or the entity upon behalf of which the person{st acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness m~ official seal. Signature ~ Signature of Notary Public ----------------------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: Performance Bond-A VI-CON, Inc. dba CA Construction Document Date:-=-0=8/=2=0.:..../1=-=3'-----------------Number of Pages:_2 _______ _ Signer(s) Other Than Named Above:-'-N.::.:/A:...:_ _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name:-'-J-'-as.;_e_H_am_ilt..;..o_n ________ _ 0 Individual 0 Corporate Officer-Title(s): ________ _ 0 Partner-0 Limited 0 General ~ Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other : ______ _ Signer Is Representing : The Ohio Casualty Insurance Company RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name:. _____________ _ 0 Individual 0 Corporate Officer-Title(s),_: ________ _ 0 Partner-0 Limited 0 Gene ral 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: -------- Signer Is Representing : RIGHT THUMBPRINT OF SIGNER Top of thumb here CAliFORNIA ALL-PURPOSE ACKNOWLEDGMENT :~-@;.~~~~~~~~~'®~"'9<:>~~~~'%'§%~~~®-G STATE OF CALIFORNIA County of Riverside } On August21,2013 before me, Liza Marie Quintana. Notarv Public Da te Here Insert Name and Title of the Offi ce r pe rsonally appeared -=C~h:.=ac:...:rl.=.es::....:....A:..:.v.:.:.:ila=------------:-:-----:-r/'-:-:::.,----:-::"-r _____________ _ Name~ of Signer(jj' Place Nota ry Seal Above who proved to me on the basis of satisfactory evidence to be the person~ whose nameW-is/~subscribed to the within instrument and acknowledged to me that he/s'he/tt'tey executed the same in hisfM.(Iltlefl: autho rized capacity~ and that by his/~signaturGts). on the instrument the person~ or the entity upon behalf of which the person~ acted , executed the instrument. I certify under PENALTY OF PERJURY under t the State of California t the foregoing par ra and correct. 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 : ________ _ Signe r(s) Other Than Named Above : __________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: _____________ _ 0 Individual 0 Corporate Officer-Title(s): ________ _ 0 Partner-0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other : ______ _ Signer Is Represent ing : RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name:. _____________ _ 0 Individual 0 Corporate Off icer -Title(s):'---------- 0 Partner-0 Limited 0 Ge neral 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other : ______ _ Signer Is Representing : RIGHT THUMBPRINT OF SIGNER Top of thumb here Executed in Triplicate LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS : That Bond No . 024048281 Premium Included in performance bond WHEREAS, the CITY OF SAN JUAN CAPISTRANO, a municipal corporation of Oran ge County, California, has awarded to A VI-CON, Inc . dba CA Construction License o . 588602 hereinafter designated as "Principal", a contract for the construct ion of"Friends of the Library Bookstore Relocation CIP 13301 "; and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials , provisions, provender or other supplies or teams used in , upon , for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind , the surety or thi s bond will pay the same . NOW THEREFORE we A VI-CON, Inc . dba CA Construction Principal, and The Ohio Casualty Insurance Company , as surety, are Held firmly bound unto the City of San Juan Capistrano, a municipal corporation , in the penal sum of Three Hundred Twenty Seven Thousand and 00/100 DOLLARS ($ 327,000 .00 ), lawful money of the United States of America, for 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 or its heirs , executors, administrators, successors or assign~, or sub-contractors, shall fail to pay for any materials , provisions, provender, or teams, or other supplies or equipment used in, upon , for or about the performance of the work contracted to be done , or for any work or labor done thereon of any kind , or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions ofTitle 1, Division 5, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of an and all persons , companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suite brought upon this bond . FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. LM-1 As a part of the obligation secured thereby, and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF three (3) identical counterparts ofthis instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the 20th day of August , 2013 The name and corporate seal of each corporate party being hereto atlixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body . The Ohio Casualty Insurance Company SURETY STOFORM y LM-2 D UNLESS IT IS PRINTED ON RED BACK · NO. THIS POWER OF ATTORNEY IS NOT thls"PoweroOf Attorney limits the acts of tttose nameo rein, and they have no authority to bind the Company excep n the manner and to the extent herein stated. American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company '""0 --:--,;~:-""'-::--= ~-::;:""POWER OF ATTORNEY ~ Certificate No . 6099139 KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, !hat Liberty Mutual insurance Company is a corporatio duly organized under the laws of the State of Massachusetts) and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Comp!!nies"), pursuant to and by aultlority herein set forth, does hereby name , constitute and appoint, Gerrit E. Brouwer;. James P. Schabarum IL; Jase Hamilton; Jeffrey W. Gavignac all of the city of San Diego , state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make , execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they,have--been duly signed by the president and attested by the secretary of the Companies in !~own proper persons . ---_..;:; :;.-. IN WITNESS WHEREOF,Jhis Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corpofale seals of the Companies have been affixed thereto this 26th day of Aoril , l.Qll._. ""--"! - lM$_12873_092012 123 of 250 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Diego } On 08/20/13 before me, Julia P. Plemmons. Notary Public Date Here Insert Name and Title of the Officer personally appeared .::..Ja=.s::..:e=-.c...H:.::a:.:..:m-.:oi:.::.lto::..:n..:...... ________ ----..=:;::-;-::;-;::==--------------- Name(s) of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personts} whose namets} is/ere subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/l'ter/1hetr authorized capacityttes}, and that by his/Ret=fthett'-signatur$) on the instrument the personts}, or the entity upon behalf of which the personts} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness m~:nd official seal. Signature~ ~ ~ 0~ Signature of Notary Public ----------------------OPTIONAL---------------------- Though the information below is not required by Jaw, 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: Labor and Material Bond-A VI-CON, Inc. dba CA Construction Document Date:-"'0-=8/'-=2'-"0"-/1,_,3'-----------------Number of Pages:-=2::....._ ______ _ Signer(s) Other Than Named Above:...:...N""'/A-'-------------------------- Capacity(ies) Claimed by Signer(s) Signer's Name: -=J-=a::..:se:....:....:H.=.amc:..:.:.:.ilt:..:.o.:..:.n ________ _ D Individual D Corporate Officer-Title(s): ________ _ D Partner-D Limited D General !li1' Attorney in Fact D Trustee D Guardian or Conservator D Other : ______ _ Signer Is Representing : The Ohio Casualty Insurance Company RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: _____________ _ D Individual D Corporate Officer-Title(s),_: ________ _ D Partner-D Limited D Gene ral D Attorney in Fact D Trustee D Guardian or Conservator D Other : -------- Signer Is Representing : RIGHT THUMBPRINT OF SIGNER Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT :~~~··Q<.}Q<&~<;,'@;.~~~'g;.~~..g:,~~~~~~~'@@,~'%-'@:..~~'§<.."<X."§ STATE OF CALIFORNIA County of Riverside } On Auqust21,2013 before me, Liza Marie Quintana. Notarv Public Date Here Insert Name and Title of the Officer personally appeared -=C:.:.:h:=a::..:rl.=.es~A:.:.v.:.:;ila=----------~:---=-"/~.,--~/:..._ ____________ _ Nam~ of Signe~) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person~ whose name~is/l:rfQ.subscribed to the within instrument and acknowledged to me that he/she/they executed the same in histhe(~ authorized capacity(tes}.. and that by his/hetfthsi,(signatur~ on the instrument the person~ or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENALTY OF PERJURY under t Ws of the State of California t at the foregoing par aph · true and correct. 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: ________ _ Signe r(s) Other Than Named Above: __________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name : _____________ _ D Individual D Corporate Officer-Title(s): ________ _ D Partner-D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator 0 Othe r: ______ _ Signer Is Representing : RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name:. _____________ _ D Individual D Corporate Officer-Title(s ):'----------- 0 Partner-0 Limited 0 General 0 Attorney in Fact D Trustee D Guardian or Conservator D Other : ------- Signer Is Representing : RIGHT THUMBPRINT OF SIGNER Top of thumb here Executed in Triplicate PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS : That A VI-CON, Inc. dba CA Construction Bond No . 024048281 Premium : $5 ,905 .00 Premium is for contract term and is subject to adjustment based on final contract price as Principal , hereinafter called CONTRACTOR, and The Ohio Casualty Insurance Company as Surety, hereinafter called SURETY, are held and firmly bound unto the CITY OF SAN JUAN CAPISTRANO, as Obligee, hereinafter called CITY, m the amount of Three Hundred Twenty Seven Thousand and 00/100 ($327,000 .00) Dollars for payment whereof Contractor and Surety bond themselves , their heirs , executors , administrators, successors, and assigns , jointly and severally , fairly by these presents. WHEREAS , Contractor has by written agreement dated ___ 8_1_14_1_20_1_3 _____ _ entered into a (describe agreement):_for the construction of: "Friends of the Library Bookstore Relocation CIP 13301 " which contract is by reference made a part hereof; NOW THEREFORE, the condition of this obligation is such that, ifPrincipal shall promptl y and faithfully perform said agreement, then this obligation shall be null and void ; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED that: 1. As a part of the obligation secured hereby , and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney 's fees , incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered . PB-1 . . 2 . Said Surety , for value received, hereby stipulates and agrees that no change, extension of time, alteration , or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereb y wai ve notice of any such change, extension of time , alterations , or modifications of the contract document s or of work to be performed thereunder. Executed this __ 2_0t_h ____ day of __ A_u_g_us_t ________ , 2013 , at Cavignac & Associates, 450 B Street suite 1800 , San Diego ---------------------, California. PRINCIPAL AS TO FORM ~~ [ H ~"b A \JILl+' I P(e~diiJt17 c ED (NOTARIZATION AND SEAL ) HANS VAN LIGTEN, CITY ATTORNEY PB-2 ..; 8 c. CD "0· .-::Ill CCD ca.! .cc ..;l! =s~ !en UCD '0.2 ._ca CD> =-..!~ ."0 ;·u; THI~ POWER OF ATTORNEY IS NOT • This Power of Attorney limits the acts of those namea .10 UNLESS IT IS PRINTED ON RED BACK · UNO. rein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No . 6099140 American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company POWER OF ATTORNEY all of the city of San Diego . state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make , execute, seal , acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations , in pursuance of these presents and shall be as binding upon the Companies as if they nave been duly signed by the president and attested by the secretary of the Companies in their own proper persons . STATE OF WASHINGTON COUNTY OF KING .ss American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company On th is 26th day of April , 2013 • before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of Ame ri can Fire and Casualty Company, Liberty Mutual Insurance Company, The Oh io Casualty Company, and West American Insurance Company, and that he , as such , being authorized so to do , execute the forego ing instrument for the purposes therein conta ined by signing on behalf of the corporations by himself as a duly authorized officer . IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle , Wash ington , on the day and year first above written . ,,~~~,~~~~,~ {~:ii ..... , ..... ,<~ \~~ .. ~ By:~~·~ KD Riley . NOPUblic _g! a; a o.s c ca This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fi re and Casualty Company, The Ohio Casualty Insurance a;.::; Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows : ~ ! ARTICLE IV-OFFICERS-Section 12 . Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chaiman or the President , and subject .g» .S to such limitation as the Chaiman or the President may prescribe, shall appo int such attomeys-in-fact , as may be necessary to act in behalf of the Corporation to make , execute , seal , o .5 acknowledge and deliver as surety any and all undertakings , bonds, recognizances and other surety obligations . Such attorneys-i n-fact, subject to the limitations set forth in their respect ive E • powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so '-.! executed , such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under .2 f! the provisions of this artide may be revoked at any time by the Board , the Cha iman , the President or by the officer or officers granting such power or authority. "'>o i g ARTICLE XIII-Execution of Contracts -SECTION 5. Surety Bonds and Undertakings . Any officer of the Company authorized for that purpose in writing by the cha irman or the president , > CD and subject to such limitations as the chairman or the president may prescribe , shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make , execute , o ~ seal , acknowledge and del iver as surety any and all undertakings , bonds, recognizances and other surety obligations . SUch attorneys-in-fact subject to the limitations set forth in their Z U respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such inslrumen!S and to attach thereto the seal of the Company. When so executed such i nstruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation -The President of the Company; acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such attomeys-in-fact as may be necessary to act__on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings , bonds , recogn izances and other surety obligations . Authorization -By unanimous consent of the Company'_s Board of Directors , the Company consents that facsimile or meChanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed . I, David M. Carey, the undersigned , Assistant SecretarY. of American Fire and Casualty CompanY:Ihe Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked . Allj 2 0 aD IN TESTIMONY WHEREOF , I have hereunto set my hand and affixed the seats of sa \0 Companies this __ day of , 20 __ . LMS_1 2873_092012 124 of.250 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Diego } On 08/20/13 before me, Julia P. Plemmons. Notary Public Date Here Insert Name and Title of the Officer personally appeared -=-Ja=s=-e::....:....H:..::a:.:.:mc.:..:i:..:.lto=-n...:...._ ________ --:-:_-;-;--;-;::,--....,.-,.--------------- Name(s) of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personfst whose namefst is/are subscribed to the within instrument and acknowledged to me that hefshe/they executed the same in his/Rer/tfteir authorized capacityfiest, and that by his/Aef:i+l'teit-signatur$) on the instrument the personfst, or the entity upon behalf of which the personfst acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness m~nd official seal. Signature ~~ Signature of Notary Public -------------------------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: Performance Bond-AVI-CON, Inc. dba CA Construction Document Date:-"0""8/""2,_,0"-/1,_,3::...._ _______________ Number of Pages:-=2=--------- Signer(s) Other Than Named Above: -=-N=/A:....:...._ _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name:....:.J-'-as_e_H--'-am_ilt..:..o_n ________ _ 0 Individual 0 Corporate Officer-Title(s): ________ _ 0 Partner-0 Limited 0 General ~ Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other : -------- Signer Is Representing: The Ohio Casualty Insurance Company RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: _____________ _ 0 Individual 0 Corporate Officer-Title(s):,___ _______ _ 0 Partner-0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: -------- Signer Is Representing: I RIGHT THUMBPRINT OF SIGNER Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT :~-g;.~~~~~'IQ(>~~-g;,~~~~~«~~'@.'{'; STATE OF CALIFORNIA County of Riverside } On Auqust21.2013 Date before me, Liza Marie Quintana. Notary Public Here Insert Name and Title of the Officer personally appeared ...::Cc:...h;.::a;;_;rl..::.es.::....:....A::..:.v.:..;.;ila::...._ ________ ---;-==~=":::;:X'---------------NameW'~t Signer~' Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person~ whose name~is/~subscribed to the within instrument and acknowledged to me that he/sl'lelthey executed the same in hisfhe{~ authorized capacity(les+. and that by his/h&fthe.i.(signatur~ on the instrument the person~ or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENALTY OF PERJURY under e laws of the State of California that the foregoing pa graph is true and correct. -------------------------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:------------------------------- Document Date: ___________________ Number of Pages: ________ _ Signer(s) Other Than Named Above: __________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: _____________ _ 0 Individual 0 Corporate Officer-Title(s): ________ _ 0 Partner-0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ______ _ Signer Is Representing : RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name:. _____________ _ 0 Individual 0 Corporate Officer-Title(s ):'----------- 0 Partner-0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ------- Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Executed in Triplicate LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS : That Bond No. 024048281 Premium Included in performance bond WHEREAS, the CITY OF SAN JUAN CAPISTRANO, a municipal corporation of Orange County, California, has awarded to A VI-CON, Inc. dba CA Construction License No . 588602 , hereinafter designated as "Principal", a contract for the construction of"Friends of the Library Bookstore Relocation CIP 13301"; and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any ofhis or its sub-contractors, shall fail to pay for any materials , provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind , the surety or this bond will pay the same . NOW THEREFORE we A VI-CON, Inc . dba CA Construction Principal, and The Ohio Casualty Insurance Company , as surety, are Held firmly bound unto the City of San Juan Capistrano, a municipal corporation , in the penal sum of Three Hundred Twenty Seven Thousand and 00/100 DOLLARS ($ 327,000.00 ), lawful money of the United States of America, for 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 or its heirs , executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams , or other supplies or equipment used in, upon , for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney 's fee to be fixed by the court. This bond shall inure to the benefit of an and all persons , companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suite brought upon this bond. FURTHER, the said surety, for value received , hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change , extension of time, alteration or modification of the contract documents or of work to be performed thereunder. LM-1 As a part of the obligation secured thereby, and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees , including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF three (3) 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 herein named on the 20th · day of August , 2013 The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body . AVl-CON, Inc . dba CA Construction APPROVED AS TO FORM y LM-2 ..; -~ Q. Q) "C· ~~~~ CQ) ca.! .cc .;I! :c~ !m UQ) '0.2 ._ca Q)> =-..!~ ."C :;-; _g! Gi'S os cca _ ... Ql- 0)111 CQGI C) ... t:.! 0.5 E . ... s .21! "C>- THiaPOWER OF ATTORNEY IS NOT D UNLESS IT IS PRINTED ON RED BACK This Power of Attorney llmlts the acts of those nam -nereln, and they have no authority to bind the Company exce American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts , and West American Insurance Company is a corporation duly O!'QBnized under the laws of the State of Indiana (herein collec!ively called the "Compan.ies"), pursuant to and by authority herein set forth , does hereby name, constiMe and appoint , Gerrit E. Brouwer; James P. Schabarum II; Jase Hamrlton; Jeffrey W. Cavrgnac all of the city of San Diego , state of CA each individually if there be more than one named, its true and lawful attomey-i n-fact to make , execute, seal , acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligattons, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons . STATE OF WASHINGTON COUNTY OF KING ss American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company G~stant Secretary On this 26th day of April , 2013 , before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he , as such , being authorized so to do , execute the foregoing instrument for the purposes there in contained by signing on behalf of the corporations by himself as a duly authorized officer . IN WITNESS WHEREOF, I have hereunto subscribed my name and affrxed my notarial seal at Seattle, Washington , on the day and year first above written. <J..'o1Ufll .. tr11 ~~ .. -''~~~~f'>"'~ ~ ··o~-~ ~ f f ~~~~~i .} t ~";>~\~ ~~/~~ -..-....~:~;~..,.,.-~ G.;,_(~~~:~\11'~ .. ~ By: ~E?t ·~ KD Riley, NOPUbtic This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company_,__ The Ohio Casualty Insurance Company, Liberty Mutual insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows : ARTICLE IV-OFFICERS -Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe , shall appoint such attomeys-in-fact, as may be necessary to act ln behalf of the Corporation to make, execute, seal , acknowledge and deliver as surety any and all undertakings, bonds , recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation . When 50 executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this artide may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. =i g ARTICLE XIII-Execution of Contracts -SECTION 5. Surety Bonds and Undertakings . Any officer of the Company authorized for that purpose in writing by the chainnan or the president, > ~ and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, o ~ seal, acknowledge and deliver as surety any and all undertakings , bonds, recognizances and other surety obligations . Such attomeys-in-fact subject to the limitations set forth in their Z u respective powers of attomey, shall have full power to bind the Company by their signature and execution of any such Instruments and to attach thereto the seal of the Company. When 50 executed such instruments shall be as bindillQ as if signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport , Assistant Secretary to appoint such attomeys-in-fact as may be necessary to act on behalf of the Company to make, execute , seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations . Authorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsjmile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. LMS_12873_092012 125 of 250 .. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Diego } On 08/20/13 before me, Julia P. Plemmons. Notary Public Date Here Insert Name and Title of the Officer personally appeared .::.J.::.as::.ce::....:....H:..::a:..:..:mc:..:i.:.:.lto::.cnc.:....._ ________ ____,.,c:-::-::c~~=,....,-;--------------- Name(sl of Signer(s} Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/at=e subscribed to the within instrument and acknowledged to me that hefshe/they executed the same in his/l'ter/1fteir authorize(,:! capacity{test, and that by his/Aef:Ahett-signatur$) on the instrument the person~. or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness m~cial seal. Signature~ f ~ Signature of Notary Public ----------------------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: Labor and Material Bond-A VI-CON, Inc. dba CA Construction Document Date:-"'0""8,/2""0"-/1!..!3"-------------------Number of Pages:-=2~------- Signer(s) Other Than Named Above:...:.N~/:...:A:__ _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name:...::J..::a.::..se::.....:...:H.::.a:c.cmc..:.ilt:..::o.:..:.n ________ _ D Individual D Corporate Officer-Title(s): ________ _ D Partner-D Limited D General !i1 Attorney in Fact D Trustee D Guardian or Conservator D Other: _______ _ Signer Is Representing : The Ohio Casualty Insurance Company RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name :. _____________ _ D Individual D Corporate Officer-Title(s),_: ________ _ D Partner-D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other : -------- I Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here . . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT :xx"®~~~~~'%~~«'9(."@>~~~~~~-@.~~~"Q<.."G STATE OF CALIFORNIA County of Riverside } On August21,2013 before me, Liza Marie Quintana. Notarv Public Date Here Insert Name and Title of the Officer personally appeared -=C:..:.:h:=a::..:rl.::.es::...:....A:..:.v.:.:.:ila=--------------,-,---;-x'.c~.,.--:-;t.c..../ _____________ _ Name;ul of Signer~ Place Notary Seal Above who proved to me on the basis of sat isfactory evidence to be the personts+. whose name~is/~subscribed to the within instrument and acknowledged to me that he/s~ executed the same in his~lltlek authorized capacity~ and that by his/~signatur~ on the instrument the person~ or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENALTY OF PERJURY under the State of California th the foregoing p gr and correct. ----------------------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:------------------------------- Document Date: ___________________ Number of Pages : ________ _ Signer(s) Other Than Named Above: __________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name : _____________ _ 0 Individual 0 Corporate Officer-Title(s): ________ _ 0 Partner-0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other : ______ _ Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name : _____________ _ 0 Individual 0 Corporate Officer -Title(s):'------------ 0 Partner-0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ------- Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here • Executed in Triplicate PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS : That A VI-CON, Inc. dba CA Construction Bond No . 024048281 Premium: $5 ,905 .00 Premium is for contract term and is subject to adjustment based on final contract price as Principal, hereinafter called CONTRACTOR, and The Ohio Casualty Insurance Company as Surety, hereinafter called SURETY, are held and firmly bound unto the CITY OF SAN JUAN CAPISTRANO, as Obligee, hereinafter called CITY, m the amount of Three Hundred Twenty Seven Thousand and 00/100 ($327,000.00) Dollars for payment whereof Contractor and Surety bond themselves, their heirs, executors , administrators, successors, and assigns, jointly and severally, fairly by these presents . WHEREAS, Contractor has by written agreement dated ___ 8_1_14_12_0_1_3 _____ _ entered into a (describe agreement):_for the construction of: "Friends of the Library Bookstore Relocation CIP 13301" which contract is by reference made a part hereof; NOW THEREFORE, the condition of this obligation is such that, ifPrincipal shall promptly and faithfully perform said agreement, then this obligation shall be null and void ; otherwise it shall remain in full force and effect. Surety waives w:hatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED that: 1. As a part of the obligation secured hereby , and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered . PB-1 2 . Said Surety , for value received, hereby stipulates and agrees that no chan g e, extension of time, alteration , or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereb y waiv e notice of any such change, extension oftime, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this __ 2_0_th _____ day of __ A_u_g_u_st ________ , 2013 , at __ c_av_ig_n_a_c _&_A_ss_o_c_iat_e_s._4_5_0 _B_S_tr_ee_t_s_uit_e_1_BO_O_, _s_an_D_i_eg_o __ , California . ASTOFORM HANS VAN LIGTEN, CITY ATTORNEY PB-2 PRINCIPAL SURETY The Ohio Cas 11 , Attorney-in-Fact ARTZATTON AND SE AL ) THIS POWER OF ATIORNEY IS NOT ID UNLESS IT IS PRINTED ON RED BACK UNO. This Power of Attorney limits the acts of those name\! oerein, and they have no authority to bind the Company except 1n the manner and to the extent herein stated. American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No . 6099142 all of the city of San Diego . state of CA each individually if there be more than one named , its true and lawful attorney-in-fact to make , execute , seal , acknowledge and deliver, for and on its behalf as surety and as its act and deed , any and all undertakings , bonds, recognizances and other surety obligations , in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons . American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company ~-;--Gregory:oavenpo; ASSistant Secretary On th is 26th day of April , 2013 , before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of Ame ri can Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he , as such , being authorized so to do , execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle , Washington , on the day and year first above wri tten. ,.,~~~~·,~~~'fr. .. ::" ''ii-if-·, "' l-f~oT:~\\ ~~~t~~-VJlUC ?/ :I(#JJ \ ;> By: ~J?t ·~ KD Riley • No Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutuailnsurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows : ARTICLE IV-OFFICERS-Section 12 . Power of Attorney. Any officer or other offiCial of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings , bonds , recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation . When so executed, such instruments shall be as bind ing as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of th is article may be revoked at any time by the Board, the Chairman , the President or by the officer or officers granting such power or authority. ARTICLE XIII-Execution of Contracts-SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe , shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make , execute , seal, acknowledge and deliver as surety any and all undertakings, bonds, recogn izances and other surety obligations . Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have fuJI power to bind the_Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by-the president and attested by the secretary. Certificate of Designation -The President of the CompaiJY! acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such attorneys-in-fact as may be necessary to act..on behalf of the Company to make, execute, seal , acknowledge and deliver as surety any and all undertakings, bonds , recognizances and other surety obligations . Authorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or methanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, David M. carey, the undersigned , Assistant Secretary, of American Fire and casualty Company, The Ohio casualty Insurance Company, U~ Mutuailnsurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies , is in full force and effect and has not been revoked . tJ6 2 Q 2013 IN TESTIMONY WHEREOF , I have hereunto set my hand and affixed the seals o!,_said Camnanies this __ day of A , 20 __ . By: -:~::;al...vi=:d:::=M-?:'::c:-<a~~-::y."!:!~r"'~i:-sta~nt:-:S:-ec-:7:-ry-___.:=-.:::...;.:.:~ LMS_12873_092012 126 of 250 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Diego } On 08/20/13 before me, Julia P . Plemmons, Notary Public Date Here Insert Name and Title of the Officer personally appeared .::.Ja=cs::..:e:....:...:H.=a.:..:.m:.:..:il.:.:to:..:..n'----------==~==,--------------­ Name(s) of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personts} whose namets} is/at=e subscribed to the within instrument and acknowledged to me that hefshe/they executed the same in his/i'ter/thetr authorized capacityttes}, and that by his/i'leffthetf-signature~) on the instrument the personts}, or the entity upon behalf of which the personts} 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 ha~ and official seal. Signatu~ ~L fb S19&tu 'biNOtary Public -------------------------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: Performance Bond-AVI-CON, Inc. dba CA Construction Document Date:-"0""8/,_,2,_,0"--/1!..!3"-------------------Number of Pages:--=2=--------- Signer(s) Other Than Named Above: -'-N=/A:....;_ _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name:_J_as_e_H_am_ilt_o_n ________ _ 0 Individual 0 Corporate Officer-Title(s): ________ _ 0 Partner-0 Limited 0 General lif Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: -------- Signer Is Representing : The Ohio Casualty Insurance Company RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: _____________ _ 0 Individual 0 Corporate Officer-Title(s):'------------ 0 Partner-0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: -------- Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT :~·~.x~<s~~~~~'@..~'%~~~~~~~®~>%-g(,~~~~'<X,"Q(;.'{; STATE OF CALIFORNIA County of Riverside } On August21,2013 before me, Liza Marie Quintana. Notarv Public Date Here Insert Name and Title of the Officer personally appeared -=C:.:.;h:.=a;:..:rl=-es::....:...A:.:.v.:.:.:ila=-------------=-:---:-r--:-:::.,....-~,£../ _____________ _ Name(i) of Signer(i) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person~ whose name~is/~subscribed to the within instrument and acknowledged to me that he/s~ executed the same in his~lthe+c authorized capacity~ and that by his/hscLthei.tsignatur~ on the instrument the person~ or the entity upon behalf of which the person~ acted , executed the instrument. I certify under PENALTY OF PERJURY un the State of California that the foregoing ra and correct. ----------------------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 T itle or Type of Document:------------------------------- Document Date: ____________________ Number of Pages : ________ _ Signer(s) Other Than Named Above: __________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name : _____________ _ D Individual D Corporate Officer-Title(s): ________ _ D Partner-D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other : ______ _ Signer Is Representing : RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: _____________ _ D Individual D Corporate Officer-Title(s):,__ _______ _ D Partner -D Limited D General D Attorney in Fact D Trustee D Guardian or Conservato r D Other : ------- Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Executed in Triplicate LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS : That Bond No . 024048281 Premium Included in performance bond WHEREAS, the CITY OF SAN JUAN CAPISTRANO, a municipal corporation of Oran g e County , California, has awarded to A VI-CON, Inc . dba CA Construction , Li cense No . 588602 hereinafter designated as "Principal", a contract for the construction of "Friends of the Library Bookstore Relocation CIP 13301 ";and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials , provisions, provender or other supplies or teams used in , upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind , the surety or thi s bond will pay the same. NOW THEREFORE we A VI-CON, Inc . dba CA Construction ' ' Principal, and The Ohio Casualty Insurance Company as surety, are Held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of Three Hundred Twenty Seven Thousand and 00/100 DOLLARS ($ 327,000.00 ), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointl y and severally , firmly by these presents . THE CONDITION OF THIS OBLIGATION is such that, if said Principal , his or its heirs , executors, administrators, successors or assigns, or sub-contractors, shall fa il to pay for an y materials, provisions, provender, or teams, or other supplies or equipment used in , upon , for or about the performance of the work contracted to be done , or for any work or labor done thereon o f an y kind , or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney 's fee to be fixed by the court. This bond shall inure to the benefit of an and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in an y suite brought upon this bond . FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension oftime, alteration or modification of the contract documents or of work to be performed thereunder. LM-1 As a part of the obligation secured thereby , and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees , including reasonable attorney's fees , incurred by City in successfully enforcing such obligation , all to be taxed as co sts and included in any judgment rendered . IN WITNESS WHEREOF three (3) 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 herein named on the 20th day of August , 2013 The name and corporate seal of each corporate party being hereto affixed and these presents dul y signed by its undersigned representatives pursuant to authority of its governing body . A VI-CON , Inc. dba CA Const ruction AS TO FORM LM-2 ID UNLESS IT IS PRINTED ON RED BACK UNO. THIS POWER OF ATIORNEY IS NOT This Power of Attorney limits the acts of those nam rlereln , and they have no authority to bind the Company except n the manner and to the extent herein stated. American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No . 6099143 all of the city of San Diego state of CA each individually if there be more than one named , its true and lawful attorney-in-fact to make , execute , seal , acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as bind ing upon the Compan ies as if they have been duly signed by the president and attesteOby the secretary of the Compan ies in their own proper persons . STATE OF WASHINGTON ss COUNTY OF KING American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company On this 26th day of April • 2013 , before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Ass istant Secretary of American Fire and Casualty Company, Liberty Mutual insurance Company, The Oh io Casualty Company, and West American Insurance Company, and that he , as such , being authorized so to do , execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authori zed officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle , Washington , on the day and year first above wri tten. ~,~,~~~~fl!~~~,~ "' <>i'" ··. -.. $ 0>""~-~ "-, { / ~Ol'AAY .. \ ~ ~ ! PUBt.fC · i \'ti?: q!':.~ti-j l,~,,9f,,~~~~l''~ By :~~-~ KD Riley . NOPUblic This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizat ions of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolut ions are now in full force and effect read ing as follows: ARTICLE rv-OFFICERS -Section 12 . Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writi ng by the Cha irman or the President , and subject to such limitation as the Chairman or the President may prescribe , shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make , execute , seal , acknowledge and del iver as surety any and all undertakings , bonds , recognizances and other surety obligations . Such attorneys-in-fact, subject to the limitations set forth in their respect ive powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation . When so executed , such instruments shall be as binding as if signed by the President and attested !o by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board , the Cha irman , the President or by the officer or officers granting such power or authority. ARTICLE XIII-Execution of Contracts-SECTION 5. Surety Bonds and Undertakings . Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the cha irman or the president may prescribe , shall appoint such attorneys-in-fact , as may be necessary to act in behalf of the Company to make, execute , seal , acknowledge and deliver as surety any and all undertakings , bonds, recognizances and other surety obligations . Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments andio attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such attorneys-in-fact as may be necessary to act on behalf of the Company fu make , execute , seal , acknowledge and deliver as surety any and all undertakings , bonds , recogn izances and other surety obligations . Authorization -By unan imous consent of the Company's Board of Directors, the Company consents that facs imile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds , shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, David M. Carey, the undersigned , AssistanfSecretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full , true and correct copy of the Power of Attorney executed by said Companies , is in full force and effect and has not been revoked . , AUG 2 0 2013 IN TESTIMONY WHEREOF , I have hereunto set my hand and affixed the seal s;_ot5es kl. Companies this __ day of , 20 __ . LMS_12873_092012 127 of 250 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Diego } On 08/20/13 before me, Julia P. Plemmons. Notary Public Date Here Insert Name and Title of the Officer personally appeared -=-J=as=-e::....:..H:..::a:..:.cm:.:.:i.:.::lto:::..nc.;._ ________ ____,.,,...--;-:---=-=,----,--,--------------- Name(s) of Signer(s) @ JULIA P. PLEMMONS _ Commission # 1972967 ~ Notary Public -California ~ z San Diego County ~ ). • • ~ :· • 0Ml ~oTn1-:xeir;s :PJ \?}~1t( Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personts} whose namets} is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/Rer/their authorized capacityties}, and that by his/Rei=ftflett-signatur$) on the instrument the personts}, or the entity upon behalf of which the personts} 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. 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: Labor and Material Bond-A VI-CON, Inc. dba CA Construction Document Date : ..:::0..::::8:.=/2::..:::0::...11.:...:3::..._ _______________ Number of Pages:-=2'--------- Signer(s) Other Than Named Above:..:.N..:.:./:....:A:__ ________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name:..;;.J.:..as.:..e'-H-'-am ___ ilt..c.o_n ________ _ 0 Individual 0 Corporate Officer-Title(s): ________ _ 0 Partner-0 Limited 0 General [if Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: _______ _ Signer Is Representing: The Ohio Casualty Insurance Company RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name:. _____________ _ 0 Individual 0 Corporate Officer-Title(s):,__ _______ _ 0 Partner-0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: -------- Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT :~~~'<X.'QZ.'%'%-<:X.'QZ."G<:-'9<:.~~~~~~'<%~~~~-<X.'¢<...~~~«-~J(%~~~'¢(.-<X.~-<X.~ STATE OF CALIFORNIA County of Riverside } On August21,2013 before me, Liza Marie Quintana. Notary Public Date Here Insert Name and Title of the Officer personally appeared -=C..:..;h=a.:..:.rle.::...s~A'-'-v'"'"'ila~----------,-,---=-.....,.-:,~~"'---------------­ NameU\ of Signer(li'( ..•. ,. ~· LIZA MARIE QUtNTANA · · COMM. #1995198 . NOTARY PUBLIC-CALIFORNIA SANBERtMOINO COUNTY "Y Comm Elcpirel Nov. 19, 2016 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person~ whose name~is/~subscribed to the within instrument and acknowledged to me that he/s'heJ~ executed the same in hisftcKa.I:ItheK authorized capacity~ and that by his/hstfthe.i.l:.signatur~ on the instrument the person~ or the entity upon behalf of which the personW acted, executed the instrument. I certify under PENALTY OF PERJURY un the State of California that the foregoing ra and correct. ----------------------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:-------------------------------- Document Date: ___________________ Number of Pages: ________ _ Signer(s) Other Than Named Above: __________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: _____________ _ D Individual D Corporate Officer-Title(s): ________ _ D Partner-D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: ______ _ Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name:. _____ . ________ _ D Individual D Corporate Officer-Title(s):'---------- 0 Partner-D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: ______ _ Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here