13-0820_AVI-CON DBA CA CONSTRUCTION_D14_Agenda ReportTO:
FROM:
DATE:
SUBJECT:
~(;(_) .. 70 8/20/2013
Capistrano
.da Report
\
Karen P. Brus \City MB'n
Keith Van r aWen, P .. , Director of Public Wo._..,._,., d Utilities
Prepared : J e Mankawich, Associate Engin~.-r"'
August 20,\201
014
Considerati~ of Award of Construction Contract and Appropriation of
Funds for a Loan Agreement -Friends of the Library Bookstore
Relocation (CIP 13301) (A vi-con Inc. dba CA Construction)
RECOMMENDATION:
By motion,
1. Appropriate an amount not to exceed $60,000 from the General Fund Reserves
to CIP 13301. (This funding shall be in the form of a loan to The Friends of the
Library for the construction of the bookstore, to be paid back within five years);
and,
2. Award the Construction Contract for the Friends of the Library Bookstore
Relocation (CIP 13301) to A vi-con Inc. dba CA Construction, in the amount of
$327,000; and,
3. Direct the City Attorney to prepare and authorize the Mayor to execute a Loan
Agreement; and,
4. Reject other bids and return bid bonds.
SITUATION:
The City Council Report for the Friends of the Library had stated that the annual income
from book sales to be approximately $50,000. This was quoted from an item that was
brought before City Council on April 16, 2013. Today staff received a letter from the
Friends of the Library that provides the following accurate income information for the
Friends of the Library book store sales:
City Council Supplemental Agenda Report
August 7, 2012
Page 2 of 2
FISCAL YEAR ending 5/31/09
FISCAL YEAR ending 5/31/10
FISCAL YEAR ending 5/31/11
FISCAL YEAR ending 5/31/12
FISCAL YEAR ending 5/31/13
Five Year Total: $83,023.98
$15,789.77 ($1 ,316/mo. average)
$19,927.91 ($1,660/mo. average)
$18,550.75 ($1 ,546/mo. average)
$15,191.80 ($1 ,266/mo. average)
$13,563.75 ($1, 130/mo. average)
In addition, the Friends of the Library provided projected annual income from book sales
after the opening of the proposed relocated bookstore:
FISCAL YEAR ending 5/31/14
FISCAL YEAR ending 5/31/15
FISCAL YEAR ending 5/31/16
FISCAL YEAR ending 5/31/17
FISCAL YEAR ending 5/31/18
Five Year Total: $220,000
ATTACHMENT(S):
$24,000 ($2,000/mo. average)
$37,000 ($3,083/mo. average)
$49,000 ($4,083/mo. average)
$55,000 ($4,583/mo. average)
$55,000 ($4,583/mo. average)
Attachment 1 -Letter from the Friends of the Library
San
San Juan Capistrano, CA 92675
MEMORANDUM
To: Sam Allevato-SAllevato@sanjuancapistrano.org
Roy Byrnes -RByrnes@sanjuancapistrano.org
Larry Kramer -LKramer@sanjuancapistrano.org
Derek Reeve-DReeve@sanjuancapistrano.org
John Taylor, Mayor-JTaylor@sanjuancapistrano.org
From: Mary D, President
SJC Friends of the Library
nc.
Subj: Loan for Funds to Allow Contract Award for Bookstore Relocation Construction
Date: August 20, 2013
Mayor Taylor, City Council Members. I am Mary D, the president of the SJC Friends of the Library and I am writing to
humbly ask for your help in building a new home for our bookstore in your library facility.
First of all, I'd like to correct an item that was printed in today's agenda item in error. The agenda item indicates
$50,000/year in bookstore sales. This is inaccurate. Our bookstore sales numbers over the last five years are as follows:
l. FY 5/31109
2. FY 5/31110
3. FY 5/31111
4. FY 5/31/12
5. FY 5/31113
Total:
$15,789.77 ($1,316/mo average)
$19,927.91 ($1 ,660/mo average)
$18,550.75 ($1,546/mo average)
$15,191.80 ($1 ,266/mo average)
$13,563.75 ($1,130/mo average)
$83,023.98 over the last 5 years, plus online sales over 3 years averaging $800/year.
The downward trend mirrors the economy. The bookstore market overall has faced declining sales over the last several
years -with bookstore chains and independent bookstores closing at an alarming rate. Our sales have faced a downturn
over the past two years, consistent with the overall weak economy. We experienced out lowest sales last year, but things
are steadily moving up in the months since our fiscal year ended in May. The last three months shows the beginnings of
an upward trend:
• May $ 995.25
• June $1,271.75
• July $1,112.25
Total: $3,379.25 ($1,127.42/mo average)
With increased visibility, we project monthly sales to increase to $2,000/month the first full year ($24,000), then to
$37,000 in the second year and then to $49,000 and then level off to $55,000 over the course of the next three years. This
and special fundraising efforts will provide SJCFOL with funds to retire the debt if no benefactors are found.
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SUMMARY:
We've come before you several times over several years regarding moving the bookstore, and on this most recent
iteration, we were here last September to get permission to move the library to the Bland Garden location and then again
in April for design/plan approval.
Staff and Council have been valuable partners in this venture, which was intended to be fully funded by the SJC Friends
of the Library and given as a gift to the citizens, residents and visitors of San Juan Capistrano.
With plans and estimate in hand, we went out to bid in July with our money in hand-earned over the last eight years
specifically for this project, confident that this was finally our time. A couple of weeks ago, we encountered a glitch,
however, that is the result of an economy that is on the upswing in South Orange County: Market conditions for building
anything have resulted in increased prices. Bids came in on August 7 at $40,000 higher than our estimate.
This puts is in the unenviable position of having to ask the City to loan us the funds to build this bookstore addition in
your facility. This is basically a tenant improvement project to the City-owned building that has housed our award-
winning San Juan Capistrano Library for almost 30 years. In fact, our 301
h anniversary is in December. We had hoped
against hope we could award this project in time to celebrate that and the grand opening of the bookstore together, but we
have lost valuable time over the course of the last year and now, in addition, we find ourselves short of funds. We have
the projected/estimated monies; we don't have the additional $40,000 plus the 10% required by the City as contingency
for possible change orders, although we intend to work on value engineering opportunities to keep those down.
THE NEED:
Let's talk about why it is needed. We have a lovely, if small, bookstore now. Where is it, you say? Well, that's precisely
the problem. Many current and past members have asked that exact question as have patrons, residents and visitors to our
fair city (where is your bookstore?) It's way in the back of the building and across the courtyard. Only the most
persistent and loyal of patrons find their way back there to buy used books at garage sale prices ($.25 or $.50 or maybe
even $1.00 a book). And it is those loyal few that we have to thank for the money we've raised thus far. But in the time it
has taken to get this far, construction prices have gone up and it does not look like they are going down any time soon.
We need to be seen so we can sell more books. It's a simple marketing strategy. And we need to sell more books to make
more money to be of more help to the library. The state and county have, over the last two decades, decreased funding and
cut program and resource levels for libraries so the burden of funding essential library programs, books and DVDs falls
increasingly onto the Friends, which relies on donations, special events and bookstore sales for revenue.
BACKGROUND:
We are a 50l(c)(3) organization devoted entirely to supporting the SJC Library. We've been around since 1980, before
this library was built and were a major force in getting this library built in the first place.
The residents of San Juan have had library services since 1921, when it was one of the first branches to join the Orange
County Free Library system, forty years before San Juan incorporated as a city. The City of San Juan chose to continue to
provide library service by contracting with the County of Orange for those services. This was a way or providing more
library service for the money, which was dedicated to library service from state property tax money earmarked therefor;
so rather than those funds going to the City, they go to the County, which allocates funds back based on library
headcount. The City gets more library service then it could otherwise self-provide with that same amount of money
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because of economies of scale within the County-wide library system. This includes being able to be open six days/week.
Prior to County bankruptcy in 1993, the library was open 7 days/week. It has since cut even more resources and services.
This library was built through a design competition conducted by the City of San Juan. In 1980, the County had planned
to build a new branch library with $800,000 they would be contributing. The City wanted something special and said that
they would pay difference, which they did. The building itself is owned by the City; the County operates the library
system in it. The Friends support only the San Juan library.
When Michael Graves won the competition and designed the library, bookstores attached to libraries were almost non-
existent, so the concept of having one up front was not even considered. A space in the back was allowed for this purpose.
The concept of having a bookstore at the front of the library significantly changed after that. That's why our bookstore is
hidden in the back of the library and across the Courtyard. Most library patrons don't know it's there so support is drawn
from a loyal few. Since those early days, the concept of library bookstores has become very popular and most libraries
built in the last thirty years now put it up front-to catch patrons coming/going, like retail stores do when placing
merchandise up front for compulsive buying.
It's that proven marketing strategy that we want to capitalize on. We need to catch up with the times to continue funding
library programs.
CURRENT BOOKSTORE SITUATION
Used bookstores overall, seem to be making a comeback. We believe that the economic slump may be an advantage in
the used book market-particularly to library bookstores where patrons (yes, patrons, not customers) feel an emotional
attachment to the library this bookstore (and their tax dollars) supports. As our patrons cut back on other retail purchases,
our little bookstore (if they can find it) will look more attractive to those who still wish to purchase and own books.
In these days of bookstore closings and the takeover of digital media, let's take a step back and extol the virtues of a used
book store. The joys of browsing in a used bookstore include the quiet, contemplative excitement of discovering new
ideas while drifting somewhat aimlessly among a world of like-minded souls. The browsers in our bookstore are as
interesting as the titles on the shelves.i
Sooner or later almost everyone shows up there. Used books are not for everybody and "everybody" is not our target
market. We serve the entire area, but our target market is made up of library visitors who want to buy books at deeply
discounted prices -in our case, gently used books at bargain basement/fire-sale prices. These are typically people who do
not intend to form an attachment to the book they find and ultimately buy. Our target market is that special someone who
doesn't really know exactly what they want, but just likes to browse through the bookshelves to find that special book or
discover one they weren't even looking for. For them, it's not a typical retail experience, except for the concept of what is
up front sells, which is precisely why we want to move the bookstore so people can see it from the street. If they can see it
(e.g., the bookstore), they'll browse and if they browse, they buy. Thus, we'll not only reach our target market, library
patrons who want to own books, we'll have the opportunity to sell books to passers-by who would not wander into an
ordinary bookstore.
And, this will be San Juan's only bookstore. It will become a gathering place for those new to books, curiosity-seekers
who will find something they'd like to get for themselves or a friend who did them a favor and they thought they might
like a particular book they discover in our little bookstore, where books take on an interesting after-life after being
circulated either through the library system or elsewhere.
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Our target market breaks the usual80/20 rule down in the following way. Our market segment is intended to be not just
the 14 square miles that is the City of San Juan Capistrano, but the 15-20 mile radius surrounding it and its 150,000+
population base. The majority of our residents are:
• Caucasian (58.8%)
• Hispanic (35.1%)
• Asian (2.8%)
• American Indian/Native (0.3%)
The majority of household incomes (27.2%) range from $15,000-$49,999 with 24.5% of households in the $50,000-
$99,000 category, 17.0% earn $100,000-$149,000, 5.2% earn $150,000-$199,999 and 16.95 earn over $200,000; 74.9%
of the 33,432 population is over 18 years of age and 11.2% of the total population live below the national poverty level.ii
Because of the relatively low-dollar value of our books, we believe we can grow and flourish in San Juan, particularly in
that, in the 27.2% of the population that makes under $50K/year, there are people who still seek to cut costs. The
improving economy, has not yet hit this population segment. This is also the population segment that frequents the library
on a regular basis for programs and typical library services, such as the book check-out, reference and computer use. The
individuals in this market segment will now see the bookstore and realize it is there and utilize it. It will become a retail
opportunity for them to get nice books at reasonable prices and will drive our sales up over time.
Another 24.5% visit our library for special events and Friends' fundraising activities. This group is surprised to find the
bookstore even exists and eagerly browses in it before/during/after events till they find something to buy-sometimes just
to support the library, sometimes they discoverthat one book they've just got to have.
The balance ofthe over-18 population (23.2%) holds the few who will be targeted for special fundraising and
contributions and special event sponsorships for the capital campaign that will help fund the loan payback.
Shoppers have particular purchasing habits:
• Casual shoppers come in with no set idea of what they want to purchase. They spend a fair amount of time
browsing the store and often buy on impulse. They often leave with small purchases or without buying anything.
They are attracted to bookstores with low prices and large inventory and they come back often, but make small
purchases regularly.
• "Hard-to-find" Shoppers with very specific needs. They are looking for a difficult to obtain item, usually a book
that is out of print. If we can satisfy them, we gain significant customer loyalty, but this is rare and it will be a
discovery made by happenstance. Our bookstore does not inventory books, so they have to just browse by section
till they find what they want. They are generally not price sensitive and are typically drawn to large used
bookstores with a large inventory.
• Specific category shoppers are people that typically buy books in a particular category, such as fiction or romance
or children's books. These custome~s generally have a good idea of what they want and make higher volume
purchases, often spending $25-$50.m
Sooner or later almost everyone will show up there, so we'll not only reach our target market, library patrons who want to
own books, we'll have the opportunity to sell books to passers-by who would not wander into an ordinary bookstore.
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This will be San Juan's Bookstore. It will belong to its residents and become a gathering place for those new to books,
curiosity-seekers who will find something they'd like to get for themselves or a friend who did them a favor and they
thought they might like a particular book they discover in our little bookstore. People will come in out of curiosity to
check us out and when they do, they'll buy our bargain-basement books.
"My best friend is a person who will give me a book I have not read."
... Abraham Lincoln
Our bookstore will offer the opportunity to make new best friends -to come in and browse for a book through stacks of
reasonably-priced ones and then buy it, knowing you're supporting this wonderful library, and then give it to someone
who did something nice for you the other day without expecting anything in return. Try it; you'll be glad you did!
Our library is like a metaphorical town square-the heart and center of our community-that third place, as they say, after
home, work/school, you have the library, the hub and vibrant pulse of the community. We need to put it and the new
bookstore on the map, literally, and call attention to it with better signage, lighting and promotion. We can expand and
open this sub-culture to more people who don't even know it's there. When we first opened, we were the talk of the town
and part of everything San Juan, with lots of visitors and publicity and people just coming to town to see the library. As
the city grew and the commercial area prospered, it grew away from the library and now, it's more like an after-thought.
Out-of-town visitors are architectural buffs, not Mission tourists. We can change and should change that.
THE FRIENDS' COMMITMENT:
The Friends has been around since 1980 and was instrumental in the planning stages of the new library when it was built
three years later. It is dedicated to supporting the library and the bookstore supports the Friends. The Friends are active
in the community and support its activities and commercial endeavors throughout the year. The library bookstore will be
a new beginning for that end of downtown.
The Friends are investing in the library as an investment in our future citizens; we hope the City does as well.
One example of our commitment is highlighted by the situation a few years ago when one of our volunteers was leaving
the library as a visitor driving by stopped and asked if she could tell them where the library was. "You're here," she said.
At that time, there was no sign indicating it was a library, so the Friends put up the lettering on the building that says,
"Library." Later, we put up the large monument sign at curb level. These improvements cost the Friends approximately
$8,000, but directional signage is needed throughout the city to point people to the library. Better lighting is needed on El
Camino Real to highlight the library (the Mission block has ten street lamps, for example/the library block has one) and
under-lighting the trees would spotlight the beautiful facility itself without imposing garish light into the neighborhood.
Other improvements have included creating the new Teen Computer Lab out of the under-utilized space in the tower and
furnishing it with all new computers on which the kids could do their homework (now one ofthe most popular areas of
the library). We also paid for new carpeting and painting throughout the county to the tune of approximately $35,000 plus
the cost of the new computers and now we want to use the space in the under-utilized Bland Garden for a bookstore.
The Friends are very committed to the library and the facility that is owned by the citizens of this fair city. There are lots
of things we can do to put this important community icon back on map: take out the useless paver in front so people can
drop patrons off at the front door with their loads of books to return -and the new horse /n carriage buggy rides could
stop there as well. The City's new initiative to enhance mobility and connectivity downtown could include the library in
its pedestrian circulator system and improve walkability in that section of downtown. It can put the library back on its
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radar in terms of its on-going initiatives for developing partnerships with nonprofits and multicultural organizations. We
provide services to all age ranges, ethnicities and economic levels. We can highlight and "icon" it on city maps, websites
and tourist information and draw the 1,500 ft. arrow line directly to it in the strategic plan. The economic benefits of
libraries to a city are well documented; we need to use that data in supporting our town's tourism industry with better
signage and lighting.
But all that is a vision and an argument for another day. Right now we need to get the bookstore up and running, so we
can make more money and make that little community bookstore a hub of activity in that little comer of downtown.
Remember, I said earlier it's been a joint effort to get this far? Well, please note that we took Councilman Kramer's
desire (September 2012) to highlight the natural light appeal of the current bookstore and we had our architect's design
include skylights in the new bookstore.
And I should also add that another-former Council member, who was involved in the original development of the library
and the design award through thirty years ago, envisioned for it to "become a social core" of this town. Well, it has done
just that. That visionary, Ken Friess, seasoned and trusted construction veteran, has helped shepherd this iteration of the
plans through to this point and donated his construction management services and advice to the Friends on this project
going forward. "In our community, everything that really happens in the library, from the .standpoint of social
interaction, the events, programs and other activities, are a result of the Friends. They (the programs) would not
otherwise exist."
Another former Council member, Laura Freese, put it in eloquent, practical terms last fall when we first came before the
City Council for permission to relocate the bookstore. She said, "The bookstore may sound like it's something small,
but it's not The bookstore can generated up to $2,000 a month, if it's in an area where it can be seen. That money
goes straight back into the library."
"It's a small thing, but it can make a huge difference in this town. This is a generational project," says Ken Friess.
The last generation built it. Our generation has used it and it's now time to pay it forward to the next generation. There's
been very little done to the library, except for structural repairs and maintenance, in the last 30 years. It, like your house,
needs updating. This bookstore may seem like a small thing, but it will make a big difference. It will change the
ambiance and character of that part of El Camino Real and make it more alive and vibrant.
Speaking ofEl Camino Real, it's not lost on me that El Camino Real, the oldest road in California, where Father Serra,
Governor Portola and so many other important and significant historic characters out of our past have walked, now houses
some of the most important and vital places of community in this town -all within a five-minute walk of the historic 1894
railroad depot:
• Historic Town Center Park
• Bias Aguilar Adobe Museum
• Camino Real Playhouse
• The Mission San Juan Capistrano
• San Juan Capistrano Library
• The Old High School, whose parking lot now borders El Camino Real. It housed the original library when it first
opened in 1921.
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These historic structures line the oldest road in California, on which sits this town's metaphoric public square that is the
free-to-all public library.
"My guess is (it will be) about 300 years until computers are as good as, say, your local reference library in search."
... Craig Silverstein, Director of Technology, Google.com
CBS Sunday Morning, March 28, 2004
LIBRARY USAGE:
The library has been serving San Juan for nearly 92 years at the edge of the downtown commercial area-long before:
• OC had an airport (Eddie Martin Field-1923), PCH opened (1926) or Laguna Beach, the second oldest city in
OC, even became a city (1927)
• Babe Ruth's major league record (60 home runs, 1927)
• Winnie the Pooh (A. A. Milne, 1926) The Sun Also Rises and A Farewell to Arms (Ernest Hemingway 1926-27)
were written
• Random House publishers was even founded ( 1927)
• Sinclair Louis won the Nobel Prize for literature (1930)
• Bing Crosby made his first solo recording (1930)
• The "Star Spangled Banner" was our national anthem ( 1931)
• Penguin Books published its first paperback ( 1935)
• Swallows were national celebrities (NBC's live broadcast (1939) and Leon Rene's musical tribute "When the
Swallows Come Back to Capistrano." ( 1940)
• Little League, "Over the Rainbow, " or "Gone with the Wind" were cultural icons ( 1939)
• John Steinbeck won the Pulitzer Prize, (Grapes Q[Wrath 1940)
• San Juan was a city
Almost forgotten and unseen by so many, but used and enjoyed and appreciated by more:
Population of San Juan Capistrano: 35,360 (2012)
Land area (square miles) 14.2 (2010)
Persons per square mile 2,450.8 (2010)
Population of Orange County 3,090,132 (2012)
Percentage of persons in SJC below national 11.8% (2012)
poverty level
# of cardholders 794,191 (2011) (Orange County Library System) Has universal
borrowing privileges for users throughout California.) Programs are
open to the public, even those who do not have library cards, so a
greater population beyond cardholders/local residents are served.
# of SJC cardholders that have used their cards in 15,203
thepastthreeyears
# of books in circulation 124,224 (2012)
# of Library visits 196,850 (August 2012-July 2013)
# of items circulated from SJC 126,082 (August 2012-July 2013)
121,112 (Aug 2011-July 2013), an increase of 5,000 over last year
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# of attendance for all library programs (many
funded by SJCFOL)
12,990 (Aug 2012-July 2013), one-third ofSJC's population--
demonstrating wide-spread community participation and support for
library programs.
The library is a place of community-a place for people to connect. "When you're here-you can connect to books, to the
internet, to each other. You don't need to spend any money and you don't need an appointment. It is the most democratic
of all institutions, where everyone gets the same service without regard to status. Consider how many places like that
actually exist. And beyond that, we talk to each other. At our library, the staff knows the patrons and they engage with
each other. We learn something new every day about what is important to the community because people talk to us. We
can then create programs and collections that reflect the needs of people here. Our programs are not just meant to educate
or entertain-they are also meant to bring people together and build relationships. That's how we create community."iv
Those who argue that libraries are becoming obsolete don't know what public libraries do in the twenty-first century.
Libraries are more than books and technology. Libraries build citizens. They educate individuals and foster thoughtful
communities. They are essential components of communities-worth fighting for and worth fimding.v "Many public
libraries have faced ugly, recession-spawned budget cuts and trimmed hours. Yet political leaders who control the purse
strings for four of the biggest cities fought and saved their libraries from severe harm. The city that has not done that is
Los Angeles."vi Please don't copy L.A.
We are proud of our little library. It was built thirty years ago this year-and it is yours-it is ours. It belongs to the
citizens of San Juan and we take pride of ownership in it and the many prestigious design awards it has won. We are
blessed and grateful to have it here. But it is 30 years old it now needs our help. It needs to grow and expand with the
times -as any house or building does as one generation grows up and another takes its place. This is one small thing that
could have major impact on that edge of downtown. Just think: a community bookstore, accessible on El Camino Real.
The community supports it. Testimonials for it, the library and our programs include comments and favored programs
that are noted at the end of this memorandum.vii Public libraries used to seem intimidating to many people. Ours does not
-it never did, thanks in the beginning in large part, to the small intimate spaces created by its designer, world renowned
architect, Michael Graves, who did not want to create another large, impersonal mausoleum. Our magnificent staff, took
on the supervisory challenge noted in many of the letters to the editor of the time, criticizing the little rooms and long
hallways and separate rooms for the stacks and not only made it work, but made it great.
I will leave you with the voice of a library defendant that was heard above a crowd of critics when the library first opened.
She stood up to naysayers and wrote a letter to the editor of the Capistrano Valley News, barely one month after the
library opened when people were writing letters opposing the design in droves while ignoring the numbers of people who
were coming in and using the library. She wrote:
"I've read some of the letters people have sent you and I don't think what they say is true about our library in San
Juan Capistrano. I think that this is a dream come true for San Juan Capistrano.
Someone wrote in a letter that 90% of the people in this area do not like this new library. If this is true, why is the
library always filled to the maximum? Let me remind you that this library is not small.
Mr. Graves did a wonderful job in the architecture work. /love this new library. I am a resident of San Juan
Capistrano, so I know how much everyone loves this new library. "
Gia Lugo, Age 11, San Juan Capistrano
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Gia was eleven when she wrote how much she loved the new library in 1984. She is a living testament to the democratic
notion that libraries build citizens. She has had a life-long love affair with the library. In fact, she has volunteered and
worked here part time almost since she was old enough to legally work. She loves the library today more than ever, and a
more enthusiastic supporter for the library, its programs and the Friends would be hard to find. For her, it's a family
affair. Her sister and brother-in-law worked tirelessly on the summer concerts this year while her mother chaired the very
successful return of the Multicultural Arts Series of concerts in the courtyard this summer.
Today, our library is definitely the community's house with the friendliest volunteers and staff who will drop everything
to help answer your questions and quest for knowledge. It is part of the history and culture of our town and is indeed a
hub of community interaction. The library and our Friends bookstore are places of discovery., adventure and excitement,
knowledge and books that are perpetually new to you. Libraries are a link to the past and an indispensable one, in my
view, to the next generation.
Our little bookstore is our generation's gift to the next. The last generation's dream of "Build it and they will come, "has
been fulfilled. If we walk our "preserving the past to enhance its future " motto, building this bookstore and enhancing
the library with additional ways to interact with the community, will be one small step in the right direction.
Won't you help the Friends help the library?
Respectfully,
MaryD
President
SJC Friends of the Library, Inc.
IRS No 95-3704662
Cc City Manager, Karen Brust -KBrust@sanjuancapistrano.org
City Engineer, Joe Mankewich -JMankawich@sanjuancapistrano.org
i Unknown
'' San Juan Capistrano Long Term Strategic Plan
iii http://www. bplans.com/used _book _store_ business _plan/market_ analysis_ summary.
iv Sarah Stimson, Head Librarian, San Juan Capistrano Library, in interview for September 2013 issue of Check-it-Out Magazine.
v Julie Biando Edwards, Melissa S. Rauseo, & Kelley Rae Unger, Magazine Feature, Apri130, 2013-Public Libraries On-line.
vi Patrick Range McDonald
''' Comments and quotes supporting our library, its programs and The Friends:
• "This library helped me get my Masters and Ph.D. -don't know what I'd have done without it"-from a gentleman who stepped by our table at the Dana
Point concert on Sunday.
• "This library is wondeiful."-From a happy patron.
• "Your reference people are unbelievable."
"Your staff has an incredible customer service attitude."
• "The concerts are back-where did they go; they're wonderfUl! Keep 'em going. It's where we can come and see our neighbors and enjoy great, dance able
music. "-from a Multicultural Art Series concert litendee. From others: "So glad the concerts are back, where have you been, " "I've been coming/or years,
great bands, fantastic venue, " "Are you doing more, any winter concerts on the horizon?" For those unfamiliar with our concert series, it was started by our
librarian about twenty years ago, and offered as a public service benefit to the community. It has become a treasured program in this community. It was
brought it back by the Friends this year with a six-concert series, which enjoyed peak attendance of about 300/concert. It enjoys tremendous support from
the community; we're seeking an underwriter sponsor to cominue it. Other supporting comments include: "I always enjoy these concerts;" "Kid-friendly,
9IPage
San nc.
San Juan Capistrano, CA 92675
good & diverse ban:ls;" "Love this; it's the best;'' "Wonderful program for 1he commlUlity;" "Love the space, the ambiance, the commlUlity feeling--Loyal
fans for many years--Love the concerts;" "Amazing bands, danceable music; amazingly talented, fattastic; Amazing warm feeling in the community."
• Other programs are appreciated as well: "What a cool ideal"-From someone who couldn'twait to put his image on our traveling multicultural art canvas.
For those of you who are unfamiliar with this project, it is our current "we bring the library to you" outre ad! program. It started as a foreign exchlllge
student "art-in-the-park" project so they could give us their impressions of California and give something back to the commWlity that hosted them for several
weeks this summer. It has since grown to include anyone in the community who wants to participate in giving us their "California Impressions. " It is in the
lobby during this City ColUlcil session and will be domied to the library by local artist and teacher, Jane Owen Zeiger, in celebration of the library's 30th
anniversary. It will hang in the library's gallery and then in the bookstore.
• The library gallery, for those of you who don't know, regularly hosts a collection of a local artists' work and it hangs for free in the library for approxinately
two months. Artists comments include heartfelt "thlllk you's" too numerous to mention.
• A beloved event in the community is "Dia de los Muertos, " a continuing community favorite. It is a beloved Mexican cultural celebration of All Souls Day
in our community. It occurs at our library in late fall (this year it will be held Saturday, October 26). We have a long tradition of celebrating "Dia de los
Muertos" in late October/early November. We have musical performances, traditional foods, crafts, and all kinds of cultural decorations. This holiday is
very significant to our community, so we invite them to come in and share in the experience. It's fun and always brings newcomers to the liblliJ)'.
• Other popular commlUlity event is "An Evening at the Academy Awards" with our own local celebrities, ilm producers, Stephanie Heredia and Robert Kline
is another of our popular programs and feature events like, "Night of the Arts," "Two Years before the Mast: A Culinary Journey around Cape Hom" and
"Saving the Whales: One Cartain's Tale" are popular, well supported events where the community comes together to celebrate, learn and be together in
community.
10 I Page
TO:
FROM:
DATE: August 20, 2013
Capistrano
rl.~il!olt'.e port
8/20/2013
014
SUBJECT: Consideration of Award of Construction Contract and Appropriation of
Funds for a Loan Agreement -Friends of the Library Bookstore
Relocation (CIP 13301) (Avi-con Inc. dba CA Construction)
RECOMMENDATION:
By motion,
1. Appropriate an amount not to exceed $60,000 from the General Fund Reserves
to CIP 13301. (This funding shall be in the form of a loan to The Friends of the
Library for the construction of the bookstore, to be paid back within five years);
and,
2. Award the Construction Contract for the Friends of the Library Bookstore
Relocation (CIP 13301) to A vi-con Inc. dba CA Construction, in the amount of
$327,000; and,
3. Direct the City Attorney to prepare and authorize the Mayor to execute a Loan
Agreement; and,
4. Reject other bids and return bid bonds.
EXECUTIVE SUMMARY:
On July 3, 2013, the City Clerk released the Notice Inviting Bids for the Friends of the
Library Bookstore Relocation (CIP 13301) project. On August 7, 2013, the City received
6 bids for the project (Attachment 1). Please see Enclosure 1 for a comparison of the
bids. The low bidder, Avi-con Inc. dba CA Construction (Avi-con), has provided
references that indicate they are a fair and trustworthy contractor with the ability to
complete the Library Bookstore Relocation project successfully. Staff therefore
recommends award of the Construction Contract to A vi-con in the amount of $327,000.
City Council Agenda Report
August 20, 2013
Page 2 of 4
The $327,000 bid is approximately $40,000 more than the funds deposited by the
Friends of the Library (Friends) for the project. Staff is recommending that City Council
approve a loan to the Friends in an amount not to exceed $60,000, to cover the
construction budget shortfall and contingencies. The Loan Agreement will require that
the loan amount be paid in full within five years, in equal annual installments and be
interest free.
The Friends and City staff will work with the contractor, Avi-con, to value engineer the
project prior to the start of construction in an attempt to reduce the amount of the
construction budget shortfall as much as possible while still maintaining the project's
integrity.
DISCUSSION/ANALYSIS:
On August 7, 2013, the City received 6 bids for the project as shown below:
Bidder
Avi-con dba CA Construction
Amiran Construction Company
The Richards Group
Thomco Construction
Visionary Construction
Faris Construction
Amount
$327,000
$339,100
$375,000
$393,300
$410,000
$458,000
For over eight years the Friends have been very active in fundraising efforts to relocate
the bookstore from its existing location on the west side of the library. In April, the
Friends deposited $287,243 with the City to be put towards this project.
The Friends raise approximately $50,000 a year in book sales which is then donated to
the library. The relocation of the bookstore to the east side of the library and direct
exposure to El Camino Real will make the bookstore far more visible to pedestrian
traffic and is expected to result in an increase in book sales which would provide greater
financial support for the library operation/mission and payoff of the loan from the City.
Plans and Specifications for the project were approved by City Council at its April 16,
2013, meeting.
The construction of the project will be managed by the City as the property and building
owner, on behalf of the Friends, per the conditions and provisions as outlined in the
Memorandum of Understanding approved by City Council at its September 18, 2012,
meeting.
FISCAL IMPACT:
The cost of the proposed bookstore relocation will be funded by the Friends of the
Library. The $327,000 bid cost (Attachment 1) is $40,000 over the amount deposited by
the Friends for the project. In order to move forward with the building of this project
City Council Agenda Report
August 20, 2013
Page 3 of4
before construction costs rise, staff is recommending that City Council approve a not to
exceed, interest free, $60,000 ($40,000 additional construction cost plus $20,000
contingency) loan to the Friends, payable in equal amounts over five years. The loan
amount of $60,000 will reduce the expected General Fund Contingency Reserve as of
June 30, 2014, from $8,029,654 down to $7,989,645, or 36.2%
ENVIRONMENTAL IMPACT:
This project has been reviewed in accordance with the California Environmental Quality
Act (CEQA) Guidelines. The City's Environmental Administrator has determined that the
project is categorically exempt from further review per Section 15301 Existing Facilities.
PRIOR CITY COUNCIL REVIEW:
• On September 18, 2012, the City Council approved the relocation of The Friends
of the Library Bookstore to the Bland Garden and approved a Memorandum of
Understanding with The Friends of the Library.
• On April 16, 2013, the City Council approved the Plans, Specifications and
Estimates for the project and approved a waiver of City building and plan check
fees.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
• On January 30, 2013, staff informed the Planning Commission that the Design
Review Committee had previously reviewed and approved the site and
architectural plans for the proposed project. The Planning Commission
commented favorably on the proposed project and received and filed the staff
report.
NOTIFICATION:
Avi-con Inc. dba CA Construction
Sarah Stimson, San Juan Capistrano Librarian
Helen Fried, County Librarian, Orange County
Robert Genzel, Director of Facilities, Construction and Maintenance County of Orange
OC Public Libraries
Mary Demers, President, Friends of the Library
Jean Vincenzi, Friends of the Library Board Member
Tony Bland
ATTACHMENTS:
Attachment 1 -Bid Opening Report
Attachment 2 -Contract
City Council Agenda Report
August 20, 2013
Page 4 of 4
Enclosure 1 -Bid Abstract
Bid Opening Report
Bids opened: ___ A_u..:::.gu_s_t_7_, _20_1_3 ____________ at 2:00 p.m.
Project Title: Friends of the Library Bookstore Relocation (CIP 131 03)
Project Engineer: Joe Mankawich, Associate Eng. Pre-Bid Estimate .....:$::.:2:..:8:..:..7.z..:,O:..:O:..::O...:...O:..:O:.._ ____ _
Bidder: Bid Amount Bid Bond/ Addenda?
(1> 1. Amiran Construction Com~an:i $ 3'Y\ \00 y I '"/_ ..._..,) I
2. Thomco Construction, Inc. $ ~ct ~ 1 '2./C() ~ I ·y
(j) 3. The Richards Group $~'1)) 000 y I y
0) '
4. Faris Construction 4 Ys-0, 000 'j I y
5. A vi-Con, Inc. dba CA Construction ~ ?J 'Zi I 6C0 '-..,/ I "J
6. Visionary Construction and Consulting, Inc. ~ L\ I () I {})6 '--( I "!
7. I
8. ----'-~----
Signed: --~~:::!.,_--=~..::., ________ _
cc: City Clerk Staff (3)
Project Department (3)
City Manager ( 1)
Dated: g J 3 / 1 3
r /
The above bid amounts have not been checked. The bid totals are subject to correction after the bids
have been completely reviewed.
ATTACHMENT 1
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 Mechanical 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 Paseo Adelanto, San Juan Capistrano, Califomia.
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
1
ATTACHMENT 2
that extensions of time w: · waiver of liquidated damages, may r csranted as provided in the
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 (100) 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 of the State of California, copies of the prevailing rate of per diem wage~, as determined by
the Director of the State Department of Industrial Relations, are on file in the Office of the City
Clerk, 32400 Paseo 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.
2
CONTRACTOR shall m' · -tain m full force and effect comprf'' 'nsive 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 RELATIVE 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.
3
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 the name of each.
Dated: ________ _
ATTEST:
Maria Morris, City Clerk
APPROVED AS TO FORM:
Hans Van Ligten, City Attorney
City of San Juan Capistrano
BY: __________ _
JOHN TAYLOR, MAYOR
BY: ________________ _
CHARLES A VILA, PRESIDENT
LICENSE NO. AND CLASSIFICATION
4
!!cr1JS" 15
,~.et/ltcu;nl 11.1 (5
[{JJ1htf ..
BID PROPOSAL
For the: Friends ofthe Library Bookstore Relocation CIP 13301
To the Members ofthe City Council
City of San Juan Capistrano
Gentlemen:
From: Avi-Con,Inc.dba CA Construction , 588602, A,B ,C6l,D49
----------------------------------
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:
liHztr HtlfJOfC£0 rwu~-u~~e;u) $ ~n 1CDO·-r;o
Words lf\OJ 7:J'i\t0D ~1.-L~ 1\NO '2£~ Figures
Said amount to include and f&'~ dlffuxes, the 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
:«~~'<X-'QZ."Q::/'Qi&'G'<.>'G<:.'G<,~~~~~·~<><;X>"§<,'<X->Q<.'?:%~~~"<:X.'C<,~~~~~~~'Q<.::~~XX.~~~
STATE OF CALIFORNIA
County of Riverside }
On August5, 2013 before me, Liza Marie Quintana, Notary Public
Date Here Insert Name and Title of the Offi:er
personally appeared ...::;C.:..:h""a'"'"rle.::...s::....:....;A;_;_vi;,;..:la"----------__,.,,--...,-rc'-:-::-,---,--ti'----------------
Name()il' of 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/she/they
executed the same in histne.(/Theic authorized capacity~
and that by his/hstLtheit:.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 er the laws of
the State of California that the foregoi parp.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: _____________ _
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: _____ ·---------
0 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
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 __ bl_· d_bo_n_d ____ (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 of the 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 Orange, Ca. 92868
Licensed in accordance with an act providing for the registration of contractors--License No.
588602
and Classification A,B,C6l,D49 ------------------------------------c::::gi·z:??
Charles Avila, President l-CEO
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: -~=+-;{---OL."+/-~..·~-· L_; __ _
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: ....-::.fl/t--1:.-ff> V--=3'-----~ ?
Signature of Bidder
Dated: '7,/~_; ); ~ ---'"'1+--=--1{--'------
(951)781-8055
Telephone Number ___ _
5
CEO
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
}e<::·-<X,~g'?X;>c;X.~-Q<.;~~~~~~~~-Q(;'<;X;.'Q<:.~~~~~~~~~~~'i:X.~~~~«''QZ."C
STATE OF CALIFORNIA
County of Riverside }
On August5,2013 before me, Liza Marie Quintana. Notary Public
Date Here Insert Name and Title of the Officer
personally appeared -=C:.:.:h:=ac:...:rl.::.es=--:...A:..:.v.:.::ila=------------=-:----:-7''-:-:::-:----,-,,..._ _____________ _
Name(li{ot Signer(i!(
LIZA MARIE QUINTANA
COMM. #1995198
NOTARY PUBLIC· CAliFORNIA
SAN BERNARDINO COUNTY
My Comm. E!Cpires 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/she/they
executed the same in his~Jl'he.it authorized capacity(ms.)..
and that by his/hstLtheic.signatur~ on the instrument the
person~ or the entity upon behalf of which the personN
acted, executed the instrument.
I certify under PENALTY OF PERJURY under t .laws of
the State of California t t the foregoing par raph 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 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
D 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
SCHEDULE OF WORK ITEMS
Friends of the Library Bookstore Relocation
CIP 13301
Item Description
No.
1 Foundation
2 Framin
3 Exterior Finish
4 Interior Finish
6
7
8
Total Bid Price (Enter here and on Page 3)
Quantity Unit Price
6
Cost
$ ~707 tCX:O· (){)
Figures
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA )
) SS.
Riverside County of _________ )
_______ c_h_a_rl_e_s_A...,..v..,..i_la_~------------' being first duly sworn deposes
andsaysthatheis __ Pr_e_s_id_e_n_t_/_CE_o ________________________ Of
Avi-Con, Inc. dba CA Construction , 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
interest with said bidder in this general bu.::.s:..:i::n~es;;.;;:s..;... ------
Dated: ---'-"--4--S/ _____,_5/ ~~ Zj-_ q_:c: <--=;;;: ---------)
SIGNATURE Cha:;r:::::::.dent I CEO
1~ 2o13
On this the YJ day of __ A_u_gu_s_t ____ 1?~12;be~ore me, the updersigned, a Notary Public
in and for said State, personally appeared _VV __ l(l;_~_/_I£_S __ A..;__:_v_:_~1-'-'l0{'--1,r---------'
per'iotlally la.lourg te me/proved to me on the basis of satisfactory evidence, to be the person~
whose name~) \ S subscribed to the within instrument,
and acknowledge that \) 0 executed it
7
Completed Projects
Project Name:
Project Address:
Project Owner:
Address:
Contact:
Title:
Phone:
Fax:
Arrowhead Regional Medical Center-Pharmacy IV
400 N. Pepper Ave., Colton, CA 92324
County of San Bernardino
385 N. Arrowhead Ave., San Bernardino, CA 92415
Arcie Cummings
Project Manager
909-387-5227
909-387-5050
Project Architect: gkk.works
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 Compl.: 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
Status:
Project Manager:
Superintendant:
electrical requirements.
100%
David Patnode
Cody Bierma
981 Iowa Avenue, Suite A I Riverside, CA 92507 1 P 951-781·8055 1 F 951-781-1077
Email cac@caconstruction.net I Website www.caconstructjon.net
Ucense # 588602
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.
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Sub-contractor License No.
& Classification
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BIDDER'S NAME
Phone
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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.
Item of Work
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Avi-Con,Inc.dba CA Construction
BIDDER'S NAME
-c§i,;c ~
AUTHORIZED SIGNATURE Chartes 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.
Item of Work
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Sub-contractor License No.
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Avi-Con,Inc.dba CA Construction
BIDDER'S NAME
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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.
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-PURP\JSE ACKNOWLEDGMENT
~~~~~~~~~'<X~~~~~~"~<;~~xe<:.~~'<X'"@'%'<X-'Q<;:~~'<%~~"'C
STATE OF CALIFORNIA
County of Riverside }
On August5, 2013
Date
before me, Liza Marie Quintana. Notary Public
Here Insert Name and Title of the Officer
personally appeared -=C.:..:h.=a.:..:.rle:::.;s::....:....:A:..:..v:..:.:ila::::.__ ________ ___,,--~1_...,....,,---=---------------
Name(;1 of Signmk?\
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the personW whose name~is/ars...subscribed to the
within instrument and acknowledged to me that he/she/~
executed the same in his~ authorized capacity(tes+.
and that by his/hec.Llhei.c.signatur~ on the instrument the
person~ or the entity upon behalf of which the person\s).
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragr s 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 anoth€1r document.
Description of Attached 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
0 Other: ______ _
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer's Name: _____ ·---------
0 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
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 of Plans, 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 of Drawings and Documents
If any bidder should find 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 ofthe 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 signing 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 of the 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 often ( 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 of the bidder, bid opening date and time ofbid 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 of Bids
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 are
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 Performance 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 ofthe contract and a Faithful Performance Bond in a sum not less than
one hundred (100) percent ofthe amount ofthe 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 of liquidated 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 of these permits.
12
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, AVI-CON, Inc_ dba CA CcnstrUCClcJD
' as PRINCIPAL, and The Ohio Casualty Insurance 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 of the total amount bid
of$ , for payment whereof Principal and Surety bind themselves. their
heirs, executors, administrators, successors, and assigns. jointly and severally, fairly bv these
presents.
THE CONDITION OF THIS OBLIGATION is such that whereas the Principal ha<;
submitted the accompanying bid dated /1iltq 110) (a ~. for the construction of
"Friends of the Library Bookstore Relocation CIP 13301 '', for the CITY Of SAN .TF--\.:\
CAPISTRANO, Orange County, California.
NOW, THEREFORE, if the Principal shall not withdraw said bid within thirty (30) days after
the opening of same, and shall, within fifteen ( 15) days after the agreement has been presented to
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, ifthe Principal shall within
sixty ( 60) days after request by the City, pay the City the difference between the amount speciiied 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 etTect.
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 reac;onable 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 exe~:uted this instrument under their
BB-1
several seals this ___ 2_2_n_d ____ day of __ J_u1_Y __ , 2013 , the name and corporak 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 Constructcc:1
----------------
PRINCIPAL
ATTEST (If Corporation)
Corporate Seal The Oh:.o Casualty I:1sut·anct· \,_~(::.m:_)ctl-.y
ATTEST
Titl : Attorney-El-Fact
/-----------------------
APPROVED AS TO FORM:
Hans Van Lighten, City Attorney
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-THIS POWER OF ATTORNEY IS NOT '
This Power of Attorney limits the acts of those nam
ID UNLESS IT IS PRINTED ON RED BACKC""
. rein, and they have no authority to bind the Company excl
"'UNO.
!he manner and to the extent herein stated .
Certificate No. 6099104
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 organized under the laws of the State of Indiana (herein 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
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.
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~ntSecretary
On this 26th day of April , 2013 , before rne 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 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 written.
By: Kb~·~
KD Riley , Not Public
-G) g 1ij 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
a)!; Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
C) Ill CIS I!! 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,
o .5 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
E -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 to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under
.2 t! 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. "O» =; 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 chairman or the president,
> f 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 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 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 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, 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 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, 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 corre~co~ of the Power of Attorney executed by said Companies,
is in full force and effect and has not been revoked. JUl /. I. 2013
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this __ day of , 20 __ .
By:~£;
David M. Carey,'Assistant Secretary
LM$_12873_092012 88 of 250
CALIFORNIA ALL-PURt'OSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of San Diego }
On 07/22/13 before me, Julia P. Plemmons. Notary Public
Date Here Insert Name and Title of the Officer
personally appeared .::.J:::.as::.:e::.:·.:..H:.::a:.:.:m:..:.: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/Etffl subscribed to the
within instrument and acknowledged to me that hefshe/tliey
executed the same in his/her/1hefr authorized capacityfiest,
and that by his/l=tef/tftetf-signature(s) on the instrument the
personfst, or the entity upon behalf of which the personts-7
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.
\ M~ SignatureS.:. ···.~~ --
Sig7iirii"i1e0f Notary P~
-------------------------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. db a CA Construction
Document Date:_,0'-'-7!..!./2"""2"'-/~13~---------------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'-'-mc.:.iltc:.:co..:c.n ________ _
D Individual
D Corporate Officer-Title(s):. ________ _
D Partner-D Limited D General
~ Attorney in Fact
D Trustee
D Guardian or Conservator
0 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: -------
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
CALIFORNIA ALL-PURJ-vSE ACKNOWLEDGMENT
:~-cz;<S.(;'Q(;-<:~<.:.~~'<%'<%'GZ.~~~-g:;~~~~~~~~'C(.'C(.,~'Q.<,;.~·Q(;'QZ."C{.'<X'«~'¢(;<~<:.~~~
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 Officer
personally appeared .::::C..:...:h.=a.:..:.rle:o.:s::....:...;Ao.:..vl:.:.:·la=-------------,.,,---;-;<"<'-7-:::-,.---:-7<-1 --------------Name~ of 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/she/~
executed the same in histhe.(Jthei.l: authorized capacity(les+.
and that by his/hstfthsiJ:.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 I~
the State of California t the foregoing paragrap ·s ue
and correct. 1
Witnessmyhan ' Hie~ 1/ ~
-------------------------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 anothc~r 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
ADDENDUM NO. 1
TO THE SPECIFICATIONS AND BID FORMS
FOR THE CONSTRUCTION
OF THE
FRIENDS OF THE LIDRARY BOOKSTORE RELOCATION
CIP 13301
August, 20 13
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 13301) 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 A1-2 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 A 1-1 through A 1-4.
Date Received by Bidder:
Typed or Printed Name
Addendum I Library Bookstore PAGE Al-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,
llll~mkt\\ 11.~h u :'anjuath:ctp~:-,trann.ur!!. by 2:00PM Monday August 5, 2013. In addition,
Page A1-2 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 I 2013.doc PAGEA2-2
Avi-Con,Inc.ciba CA Construction
Charles Avi~a, President I CEO
Typed or Printed Name
Addendum No.2 (August 1, 2013)
City of San Juan Capistrano
Friends of the Library Bookstore 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®caconstruct ion. net
3. CONTRACTOR'S License: Primary Classification
State License Number(s): 588602
Supplemental License Classifications: A, B, C61, D4 9
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 Casualty Insurance Company
Address333 City Blvd. West, Suite 300,0range ca.92868
Surety Company Agent Sara Poplaswki
Telephone Numbers: Agent (714) 642-0454 Surety (714) 937-1400 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 Whittier Union High School District
Contact Danny True
Phone ( 562 ) 698-8121 1 -.~1 111
Project ( 562 ) _6_9_8_-_81_2_1 ____ _
Address 9401 South Painter Ave. Whittier,Ca 90605
Class of work General Construction
Contract amount ..:.::.$..=.1.~-, ;:;..17.:....:2=-''-'4:....;;9;...;;9:....:·....:::5....:::3 ______ _
Date completed _..;;:.9.~...;2::...:o;:..;1:.:2'-----------
Addendum 2 Library Bookstore-August I 2013.doc PAGE A2-IO
Addendum No.2 (August 1, 2013)
City of San Juan Capistrano
Friends of the Library Bookstore Relocation
Owner County of Los Angeles
Contact Maureen Ng \
Phone ( 323t260-3473 \No~"'~* ,
Project ( 951 ) 571-0281 Wood Crest Library
Address 1340 West 106th Street, Los Angeles, CA 90044
Classofwork Renovation of Existing Public Library
Contract amount ...... $_8_7.;..3..:...., 3_7-'8'-----------
Date completed __ _,8'"'""/..:;;:.2"""o""'"o 9"-----------
Owner City of Riverside
Contact Christina Guerrero
Phone ( 951)3_3_4_-_9_3_04-----,~=~~
Project ( 951 ) 826 _5201 Rlverslde Public Library
Address 3581 Mission Inn Ave, Riverside, CA 92501
Classofwork Interior Modifjcatjons to Exjstjng Library
Contract amount ___., .......... ........_........._..._ _______ _
Date completed __ ..;;....<....;~.....;...._ _______ _
10. List the name and title of the person who will supervise full-time 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-time 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 2013.doc PAGE A2-ll
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: 949-724-7 408
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: 03/28/2011
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 1 Riverside, CA 92507 I P 951-781-8055 I F 951-781-1077
Email cac@caconstructlon.net I Website www.caconstruction.net
License # 588602
Completed Projects
Project Name: El Toro Memorial Park Maint. Bldg. Fire Damage Repair
Project Address: 25751 Trabuco Road, Lake Forest, CA 92630
Project Owner: Orange County Cemetery District
Address: 25751 Trabuco Road, Lake Forest, CA 92630
Contact: Tim Deutsch
Title: General Manager
Phone: 949-951-9102
Fax: 949-951-0236
Project Architect: James Mickartz Architect
Contact: James Mickartz
Address: 470 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
the designated section of the grounds.
Status: 100%
Project Manager:
Superintendant:
David Patnode
Jeff Moody
981 Iowa Avenue, Suite A I Riverside, CA 92507 I P 951-781-8055 1 F 951-781-1077
Email cac@caconstructlon.net 1 Website www.caconstructlon.net
License # 588602
Completed Projects
Project Name:
Project Location:
Project Owner:
Contact:
Title:
Address:
Phone:
Fax:
San Bernardino Valley Municipal Water District Warehouse
600 W. San Bernardino Ave., Redlands, CA 92374
San Bernardino Valley Municipal Water District
Mike Esquer
Project Manager
600 West San Bernardino Ave., Redlands, CA 92373
909-387-9253
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
981 Iowa Avenue, Suite A 1 Riverside, CA 92507 1 P 951-781-8055 1 F 951-781-1077
Email cac@lcaconstruction.net 1 Website www.caconstruction.net
Ucense # 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:
Project Address:
Project Owner:
Address:
Contact:
Title:
Phone:
Fax:
Arrowhead Regional Medical Center-Pharmacy IV
400 N. Pepper Ave., Colton, CA 92324
County of San Bernardino
385 N. Arrowhead Ave., San Bernardino, CA 92415
Arcie Cummings
Project Manager
909-387-5227
909-387-5050
Project Architect: gkk.works
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 Compl.: 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
Status:
Project Manager:
Superintendant:
electrical requirements.
100%
David Patnode
Cody Bierma
981 Iowa Avenue, Suite A I Riverside, CA 92507 1 P 951-781·8055 1 F 951-781-1077
Email cac@caconstruction.net I Website www.caconstructjon.net
Ucense # 588602
Completed Projects
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)
Title: 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: 1111111
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 lot improvements, storm water mitigation
system, new site and building utilities, tie-in connections to
existing utilities, fire line, trenching and backfill, grease
Status:
Project Manager:
Superintendant:
interceptor, landscape, cart paths, and hardscape
100%
Paul LaBella
Doug Bell
981 Iowa Avenue, Suite A I Riverside, CA 92507 1 P 951-781-8055 I F 951-781-1077
Email cac(§lcaconstruction.net 1 Website www.caconstruction.net
License # 588602
Bids Opened: Bn/13 City of San Juan Capistrano Bid Abstract Project: Friends of the Library Bookstore Remodel (CIP 13301) ITEM NO. ITEM 1 Foundation 2 Framing 3 Exterior Finish 4 Interior Finish .. 5 Plumbing 6 Electrical 7 HVAC 8 Landscape and Site Total Bid Price ~ Pre-bid Estimate UNIT QUANTITY ITEM PRICE TOTAL LS 1 $ -LS 1 $ -LS 1 $ -LS 1 $ -LS 1 $ -LS 1 $ -LS 1 $ -LS 1 $ -$287,000.00 2 Avi-Con/dba CA Construction Amiran Construction ITEM PRICE TOTAL ITEM PRICE TOTAL $ 29,000.00 $ 29,000.00 $ 44,920.00 $ 44,920.00 $ 54,000.00 $ 54,000.00 $ 81,580.00 $ 81,580.00 $ 59,000.00 $ 59,000.00 $ 45,000.00 $ 45,000.00 $ 90,000.00 $ 90,000.00 $ 46,400.00 $ 46,400.00 $ 11,000.00 $ 11,000.00 $ 12,000.00 $ 12,000.00 $ 19,000.00 $ 19,000.00 $ 9,200.00 $ 9,200.00 $ 14,000.00 $ 14,000.00 $ 15,000.00 $ 15,000.00 $ 51,000.00 $ 51,000.00 $ 100,000.00 $ 100,000.00 $327,000.00 $354,100.00 \ 3 4 5 6 The Richards Group Thomco Construction Visionary Construction Faris Construction ITEM PRICE TOTAL ITEM PRICE TOTAL ITEM PRICE TOTAL ITEM PRICE TOTAL $ 90,000.00 $ 90,000.00 15000 15,000.00 29072 29,072.00 70000 70,000.00 $ 90,000.00 $ 90,000.00 39894 39,894.00 39500 39,500.00 45000 45,000.00 $ 50,000.00 $ 50,000.00 55834 55,834.00 68832 68,832.00 90000 90,000.00 $ 50,000.00 $ 50,000.00 48052 48,052.00 67892 67,892.00 90000 90,000.00 $ 23,750.00 $ 23,750.00 31450 31,450.00 36316 38,316.00 15000 15,ooo.oo I $ 23,750.00 $ 23,750.00 32990 32,990.00 17732 17,732.00 28000 28,ooo.oo I $ 23,750.00 $ 23,750.00 23453 23,453.00 10639 10,639.00 37000 37,000.00 $ 23,750.00 $ 23,750.00 146627 146,627.00 140017 140,017.00 83000 83,000.00 $375,000.00 393,300.00 410,000.00 458,000.00 ENCLOSURE 1