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ARNAZ ENGINEERING CONTRACTORS, INC. (3)
Recording Requested By, Recorded in Official Records, Orange County And When Recorded Mail To: Hugh Nguyen, Clerk-Recorder IClerk of the Council,City of Santa Ana i IEdi�11 Illi NO F E E 20 Civic Center Plaza,P.O.Box 1988I R 4 0 1 0 4 6 1 3 8 7 E Santa Ana,CA 92702 2018000404783 10:32 a m 11/08118 227 41S N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 THIS SPACE FOR COUNTY RECORDERS USE ONLY NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the undersigned City of Santa Ana, California, a municipal corporation, with the address of City Hall, 20 Civic Center Plaza, Santa Ana, California, 92701, is the owner of the property hereinafter described, that said owner has caused o construction of EMERGENCY CONSTRUCTION under contract entered into on OCTOBER v 00 17, 2017, with ARNAZ ENGINEERING CONTRACTORS, _INC., on which contract x , MERCHANTS BONDING COMPANY (MUTUAL) is surety. The property on which such Wo work improvement was placed is in the City of Santa Ana, County of Orange, State of c z California, and described as Project No. 17-6613 located at: LINCOLN AVENUE CHANNEL. aThe work improvement on said property was accepted as completed on OCTOBER 26, 2018. w o CITY OF SANTA ANA, A MUNICIPAL CORPORATION � v w / z d by o � Dated: 1e Princi al divil Engineer-Tyrone Chesanek W a. TITLE VERIFICATION I, the undersigned, say: I am the City Engineer - Edwin "William" Galvez of the City of Santa Ana, California; I executed the foregoing Notice of Completion acting on behalf of the owner of the property therein described; I make this verification on behalf of said corporation by authorization of the City Council of the City of Santa Ana; I have read said notice and know the contents thereof; and I declare under penalty of perjury that the facts therein stated are true. Executed on ,at Santa Ana, California (Signature of individual swearing that the contents of Notice of Completion are true.) THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(10)DAYS AFTER COMPLETION INSURANCE ON FILE WORK MAY PROCEED (�JNiIL INSURANCE EXPIRES CITY OF SANTA ANA CLERK OF COUNCIL CONSTRUCTION CONTRACT DATE l .75 2018 PROJECT NO. 17-661.3 o: Michael Ortiz EMERGENCY CONSTRUCTION PWA WThis CONSTRUCTION CONTRACT is made and entered into this 17th day of October, 2017 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and Arnaz Engineering Contractors, Inc. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Emergency Repairs Related to January 2017 Storm Damage Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Four Hundred Thirty -One Thousand Two Hundred Fifty Dollars ($431,250), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. rev, 09/01/2017 Page I of 3 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: httn://santa-ana/nwa/documents/LosAneelesOraneeCountiesBuildine ConstructionTradescouncil.ndf 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. // Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: 4 I ,,MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Vg�-- JOAN FUNK Assistant City Attorney RECOMMENDED Acting Executive Director Public Works Agency CITY OF SANTA ANA Raul Godinez II City Manager CONTRACTOR: Amaz Engineering Contractors, Inc. A IL YAZDANSHENAS President Page 3 of 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 17-6613 EMERGENCY CONSTRUCTION EXHIBIT A 'M1'•:. SCOPE OF SERVICES AND COMPENSATION SCHEDULE SHALL BE BASED ON A TIME AND MATERIAL FORCE ACCOUNT BASIS AS SPECIFIED IN THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION. The urgent repairs shall be completed by performing the work on a design -build basis limited to time and material pricing, using acceptable methods and equipment approved by the City. Costs shall be calculated based on actual costs and quantities of materials used by the contractor at standard materials pricing, and actual man-hours worked at standard prevailing wage rates. Staff shall verify and confirm accounting of materials and labor consumed to monitor progress and billing. THE WORK SHALL TAKE PLACE AT THE FOLLOWING LOCATIONS: 1) Emergency Protective Measures at Lincoln Avenue Channel includes concrete debris removal, temporary shoring installation, removal, and rental fees. The cost is not expected to exceed $60,000. 2) Emergency Construction at Lincoln Avenue Channel includes demolition and reconstruction of channel and wall. The cost is not expected to exceed $371,250. CITY OF SANTA ANA BONDS PROJECT NO.: 17-6613 P(liiiltA�Cq Bond No.CA0715830 KNOW ALL MEN BY THESE PRESENTS that ARNA7 Engineering Contractors, Ino. as CONTRACTOR, and Merchants Bonding Company (Mutual) a corporation, organized and existing tinder the laws of the State,*and duly authorized to transact business under the lacus of the State of California, as SURETY„ are held and firmly bound unto the City of Santa Ana, as AGENCY, in the penal sum of Four Hundred Thirty One Thousand Two Hundred Fifty & 001100— ---------------- Dollars (5,431.250.00 ), which is 140 percent of the total contract amount for the above stated project, for the payment of which surn, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. * of Lowe THE CONTDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY dated March 21, 2017 for Emergency Construction , if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the Work of Improvement to be done under said Contract Agreement, or fails to submit amounts dile under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the'same in an amount not exceeding the sum set forth above, which amount shall insure to the benefit of all persons entitled to file ,Maims under the State Code of Civil procedures; provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names; titles, hands, and seal this 13th day of February 2018 Engineering Contractors, Inc., 1935 Armando Street, Ste. X, Anaheim, CA 92806 Bonding Subscribed and sworn to before me, 24 Signature. See Attached (Mutual), P.O. Box 14498, Des Moines, IA 50306 Notary Public in and for the County of State of this day of Rate of premium on this bond is $ 10.00 for the first S500m per thousand. Total amount of premium charge is $ 4,313.00 To ire filled in By Surety *-Provide C0KTREICT0.R f ADIVITTED SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. 2 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached and not the truthfulness. accuracy, or validity of that document. State of California } County of Orange } On 2/13/18 before me, B. Copeland Notary Public, personally appeared Ali Yazdanshenas Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the -within instrument and acknowledged to me that he/shcfthc} executed the same in his/herfthei authorized capacity(ics), and that by hisTherftheir signature(s) on the instrument the persom(&), 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 Califonria that the foregoing paragraph is true and correct. WITNESS my hand and official seal. `I Signature: C • A1-1 - & 'aiat.re af;Jorary Pali, Place Notuy Seal Above ____ -------------------- __..---- -------- __ ___ ._____ OPTIMAL _-w__ ----- ,„..___----- —______________.____--______ Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Documcnt Document Date: Signer(s) Other ThvrNarned Capacity(ies) Claimed by Signer(s) Signer's Name: Ali Yazdanshenas ❑ Individual ® Corporate Officer - Title(s): President ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Rev. 1-15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A riotan,public or ether officer completing this certificate verifies only the ident ty of the individualdocument to which thus certificate is attached mid not the truthfulness accuracy, or validity of tha State of California County of Orange ) On before me, B. Copeland Notary Public, personally appeared Vanessa Copeland Naine(s) of Signer($) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisfiierltheir authorized capacity0es), and that by his/herlthcir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the a — — — r — — — - laws of the State of California that the foregoing 6 COPELANP a Notary Public Cniilomia paPaBmph 1S true and correct. C^rage County s C an, I6smm 92187ssa CUITNESS my huid and off cial seal. Aly Comm. rxptse Aor 10. 2421 Signature: 3; :tura nriVotary Public Placa X otar9 $tat :16oct ---- ------ --------------- ----- ---------- ------ - OPITOXAL -------------------------------------------------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another docwnent Description of Attached Document Type or Title of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signers) Signer's Name: Vanessa Copeland ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner: ❑Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Tille(s): _ ❑ Partner: ❑Limited ❑ General ❑ Attorney inFact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Rev. 1-15 Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, Individually, Eric Lowey; Jennifer Grenrood; Karyl A Richter; Kevin Cathcart; Mark Richardson; Shawn Blume; Teresa I Jackson; Vanessa Copeland their true and lawful Attorney(s)-in-Fact, to sign Its name as surety(les) and to execute, seal and acknowledge any and all bonds, undertakings., contracts and other written instruments in the nature thereof, on behalf of the Companies in their -business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-cf-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board ofDirectors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory In the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and out hority hereby given to the Attomay-in-Fact Includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety Company of any of its obligations under its bond. In connection with obligations In favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 17th day of April , 2017 ,z ALICIAK.GRAM POR40: a��G��PO -��.t* MERCHANTS BONDING COMPANY MERCHANTS NATIONAL BONDING, INC, MUTUAt.) Z? ,y 2003 c�i e y 1933 Bye does not invalidate this Instrument) Y, 1, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY Prestdent force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 13th day of February , 2018 STATE OF IOWA. '•+n..„^a >..,• COUNTY OF DALLAS as. On this this 17th day of April 2017 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. ,z ALICIAK.GRAM ,,,,9,1q< 0 4 Commission Number 767430 My Commission Expires raWl" April 1, 2020 Notary Public (Expiration of notary's commission does not invalidate this Instrument) 1, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still In full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 13th day of February , 2018 a�:v0 Ate.•,. y •c, 9;;�..; /,r a :xt9~ 2003 1933 :' _ Secretary :°,c,c A"qnu.°°°°°' '•°°..a•°' POA 00 18 (3/17) CITY OF SANTA ANA PREMIUM IS FOR THE CONTRACT TERM AND I3 SURIEC BONDS TO ADJUSTMENT BASED oN FINAL CONTRACT ERI'. Bond No. CAC715830 C t3T,CTNO,:17-6613 Premium: $4,313.00 FITHFITI, PF.RFORMANCT BAND KNOW ALL MEN BY THESE PRESFNTS that ARNAZ Engineering Contractors, Inc. as CONTRACTOR, and Merchants Bonding Company (Mutual) a corporation, organized and existing under the latus of the State, and drily authorized to transact business under the latus of the State of Califor rIia, as SURETY, are held and firmly bound unto the City of Santa Ana, as AGENCY, in the penal sum of Four Hundred Thirty One Thousand Two Hundred Fifty & 00/100----------------- Dollars ($ 431,250.00 ), which is 100 percent of the total contract anxou nt for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. *Of Iowa THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY dated March 21, 2017 for Emergency Construction if CONTRACTOR faithfully performs and fulfills all obligations in the performance of the Work of Improvement to be done under said Contract Agreement in the nnarner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in frill force and effe- in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 13th day of February 2018 . Engineering Contractors, Inc., 1035 Armando Street, Ste, X, Anaheim; CA 92806 (714)666-1765 may`' " fiI:TR"F fir* MercF ams Bondin company (Mutual), P.O. Box 14498, Des Moines, IA 50306 (515)24.3-8171 Attorney -In -Fact; 151 Kalmus Dr.. A201, Costa Mesa, CA 92626, (714) 546-5100 Subscribed and sworn to before me, 20 Signature: See Notary Public in and for the County of State of this day of Rate of premium on this bond is S 10.00 for the first $500m per thousand. Total amount of premium charge is S $4,313.00 To be filled in bh Surety *Provide C AITP,4CTOR I,D-,A/1ITTED SURETF name address, and telephone number and The name, title, address, and telephone number of authorized representative. 1 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California Countp of Change } On 2113/18 before me, B. Copeland Notary Public, personally appeared Ali Yazdanshenas Nantes) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in his/herft eir authorized capacitv(ics), and that by his/=*reir signature(s) on the instrument the personO, or the entity upon behalf of which the person(s) acted, executed the instrument, i c. coPWNn 1 N o 0.'s'c-Caliiamia cam-me,' 2+87550 6 . Corm. Exp as Fpr 19, 2021 Place Notvry Seal Above I certify trader PENALTY OF PERJURY under the laws of the State of California. that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature:f 6 ` gnamre orNolary Public ----------- —__------ .._...._..--- ------------- --- 01n'IONA- ---------------____.,_..__-_.-_____-______ Thoughthe information below is not requ ned lay law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Signor(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer`s Name: Ali Yazdanshenas ❑ Individual ® Corporate Officer - Title(s): President ❑ Partner: ❑Limited ❑ General ❑ Attorney in Pact ❑ Trustee ❑ Guaidian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Rev. 1-15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signtthe document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California County of orange On_ � —I before me, B. Copeland Notary Public, personally appeared Vanessa Copeland Names) oNigner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is//are subscribed to the within instrument and admowledged to me that helshc/die;r executed the same in his�herltheir authorized capacity(ies), and that by hisfherlthicir siguature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAMY OF PERJURY under the B COKLAnn laws of the State of i ag forttia that the foregoing Norayaubtc—Cahromia paragraph is true and correct. Orange County C9nm aaron'�T18i550 Mycamm_6xniresApr192C21 WITNESS my hand and official seal. Signature: 1h r ature of Notary Public Placa NUtar}' Seel:-lliote .____------ ___________ ___._ __.._ OPTIONAI, Though the information below isnot required by law, it may prove valuable to persons relping on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Signer(s) Other Than Named Capi lty(ies) Claimed by Signer(s) Signer's Name: Vanessa Copeland ❑ Individual ❑ Corporate Officer- Title(s): ❑ Partner. ❑Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer Is Representing: Rev. 1-15 MERCHANTS BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Eric Lowey; Jennifer Grenrood; Karyl A Richter; Kevin Cathcart; Mark Richardson; Shawn Blume; Teresa I Jackson; Vanessa Copeland their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written Instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and Is signed and sealed by facsimile under and by authority of the following Sy -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of MorehantsNational Bonding, Inc., on October 16, 2015, "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory In the nature thereof." "The signature of any authorizedofficer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. it is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, It is agreed that the power and authority hereby given to the Aftorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 17th day of April , 2017 .... .. 4 x+ G pO'99,d*-- MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. � f 2093 1933: By r, ti •'2y�lac. President STATE OF IOWA ..... ' Y,^ COUNTY OF DALLAS ss. On this this 17th day of April 2017 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. 111A, ALICIAK.GRAM 0 Commission Number 767430 r My Commission Expires SGP April 1, 2020 Notary Public (Expiration of notary's commission does not invalidate this Instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC„ do hereby certify that the above and foregoing Is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 13th day of February , 2018 C$:$ _p_'; :~ 4Q03 1933 ^tiC. Secretary POA 00 18 (3/17) ......,.o ..• CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document, State of California ) County of orange ) On 2/13/18 before me, B. Copeland . Notary Public, personally appeared Ali Yazdanshenas Nante(s) of Sia er(s) who proved to me oil the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/herttheir signature(s) on the instniment the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the ►+o at.r laws of the State of California that the foregoing E. COPELAND paragraph is true and correct. .� a:!ay Public-Ceatomia { o angecounry I WITNESS ntv hand and official seal. �zlarssa Ny Cikr^ 'Apr19. 2029 - Signature: ` eaature oflota�g Pobllc Place hotam Seat Above ------ _ _-------------------------- OPTIONAJ --------- ---------------- --------- ----------- ---- Tlwugh the information below is not rewired by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Signer(s) Other Tharr Named Above:. Capacity(ies) Claimed by Signer(s) Signer's Name: Ali Yazdanshenas ❑ Individual ® Corporate Officer - Titles);President ❑ Partner: []Limited ❑ General ❑ Attorney in Fact ❑ Trustee © Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capaeity(ies) Claimed by Sianer(s) Signer's Name: ❑ Individual ❑ Corporate Officer-Title(s): ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Rev. 1-15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. L____ State of California County of Orange + On Z3 -1U befaremc, B.Gopeland Notary Public, personally appeared Vanessa Copeland Names) of Siguer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they- execttted the same in his;herhheir authorized capacity(ies), and that by his/her/thacrr signattire(s) on the instrument the person(s), or the entity upon behalf of which die person(s) acted, executed the instrument, I certify tinder PENALTY OF PERJURY under the e coretano laws of the State of California that the foregoing Nair Pubs a--Cafileraia E paragraph is true and correct. orange Covray € \ eamrn35anF 2197550 Mycamm E)(mmaApr19 2021 JWITNESS my, hand and official seal. Signature; - t c LLQ SVAare of 'otary Pantie Place Notary Seal Above --»_»------------ ._..----- _______»»__»..„,.-------- OPTIONAL Though the information belotit is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: Vanessa Copeland ❑ Individual ❑ Corporate Officer — Title(s):_ ❑ Partner: ❑Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signers Name: ❑ Individual ❑ Corporate Officer— Tide(s):__ ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Rev. 1-15 MERCHANTS BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the'Companies") do hereby make, constitute and appoint, individually, Eric Lowey; Jennifer Grenrood; Karyl A Richter; Kevin Cathcart; Mark Richardson; Shawn Blume; Teresa I Jackson; Vanessa Copeland their true and lawful Attorneys) -in -Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted In any actions or proceedings allowed by law. This Power -of -Attorney is granted and Is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizance% contracts of indemnity and other writings obligatory In the nature thereof" "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and sealwhen so used shall have the same force and effect as though manually fixed," In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact Includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of Its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such Intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days priorta the modification orrevocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 17th day of April 2017 CO ,``t, of PO�;�I�py; :♦`^} y'MERCHANTS BONDING COMPANY Ap (MUTUAL) MERCHANTS NATIONAL BONDING, INC. 4 • x o a'—'• 2003. y 1933 0' By .Y+`„q'•.,..., •''1'1+�:+ resident •aa ♦ STATE OF IOWA'- '"'°•""♦ ...+++x COUNTY OF DALLAS. ss. On this this 17th day of April 2017 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. r�tA s ALICIA K. GRAM O Commission Number 767430 z My Commission Expires April 1, 2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, whioh is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 13th day of February , 2016 y`: 4fLP O,fiq,�''O ya`GiQ`i'Uh`.P'9•�: ''. 2003 i aj t', 1933; Secretary POA 0018 (3117) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHT@ CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGA'nVELY AMEND, EXTEND OR ALTER THE C BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certiflcato holder Is an i 15 i ipN L INSURED, the 1 Aey(fes) must be endorsed the terms and conditions of the policy, certain policies may require an endorsement, A statement on 1 .02/12/2016 ON THE CERTIFICATE HOLDER, THIS RAGE AFFORDED BY THE POLICIES ISSUING INSURER(S), AUTHORIZED SUBROGATION IS WAIVED, subject to Certificate does not confer rights to the AGENCY �. ONE INSURANCE SERVZCESr INC, vaoNE -. :_..r - -'-rPnx--- 44030 10th St Went: �AlC.No calf 661-723-0404. _ _. IR(G NOJ ss1-723-aa34 A o"'rsass._ info@agen.oyc"irls.apm .._.�.�..._....._.._.._� LANCASTER CoA 935.4__...... iN91lRER_t9,).APFON�INO gOVFN0.G6 NAIGtl ._.___..._._ INSUREEBA COLONY INSURANCE COMPANY `I INSURED —�- USSEEse UNITED FINANCIAL CASUALTY INSHIRMIn CONPAN, ARNA"G ENGINEERING CONTRACTORS INC. _ Tor ----.--- r. INSURER C NATLWW, PNLwr PIRG i)I9VPANCE COMPANY qF PLTR66UR 1035 ARMONDO STREET., UNIT x INSURER a, , ANAHEIM CA 92806 oI RERFr*a*vr*x*x**#t(wa*a#t#+****warr«* ...�-- COVERAGES CERTIFICATE NUMBER; - EVISItlN NUMBER: THIS IS T`O CERTIFY THAT TWE PpkIClES OF INSURANCE LISTED BEkOW HAVE BEEN ISSUED 70 THE 1NSUREp NAMED ABOVE FOR THE POLICY pER10D INDICATED, NOTWITHSTANDINGANY REOUIREMENT, TERM OR CONDITION OF ANV CONTRACt pR OTHER q,OCUMENT WITH RESPECT TO WHICH THIS CERTIFIC=ATE MAY BE ISSUED OR MAY PERTAIN, TNG INSURANCE AFFORDED BY THE POtICIE6 DESCRIBED HCREIN I$ SUBJECT TO ALL THE TERMS. EXCLUSIONS ANDCONb1T19NSOFSUCPI POI If:IEFiTMiTR sunlAml nnAv u*„c nor., ,.,�., ,,.... �..al CLAIMS4AAne 1/1 OCCUR i I ,193 OL 0007244-06 A ....�_.._..� 1 X { GESIL AGGREGATE LIMIT APPLIES PER t MY. j paL14Y I— f Jr d f'-- OTHER -OTHERI IAUTOMONI4E LIABILITY'g2Q29i.7S9'7 ANY AUTO _ ALE OWNER TBCNEDULEp i I AUTOS //! Y' I V//. SCHED 1 V..J HIREDAUTOS I V_I NU ,QOA4EO I OCCUR C s ! I ' ESI CRIPNON OFOPEnAT10NSA LggATiONN I VEHICLES tAOGnD tQi, AgUNInnPi ngmarkzaeRuOnto, n,uy bu nI1a�51wN 11 mora 0 I Or SANTA RNA ITS UFPICBRS, AQENTE, EMPLpkHEN, PliGINNRS&,AND COSSULTANra FOR THIN CONTHACT.M11 AL OBTAYIN➢ AND TttalR DTREC2'OR5, OPFIgERS,AGRNTS.RND EMPLOYRILA AS BETERNIND BY THE CITY ARC DRISM4 As ICPAa'P"0."PZR FORM ON GOING ANriCOMPLFTRB,PENA'1`IpNS,PRIMARYlNCN•CpNTROH=RY WITH WAIVER OP an INE CITY OF SAtTrA ANA 30 DAYS ADVANCED WRITTEN NOTICR IN svaNT OF CANCELLATION, TBRNINATIDIT OR 'HSS LIAHILITY POLICY POLLOWR3 FORM A" AUTOIS)BILR LIABILITY INSURANCE POLICY PART"a"FOR VEHICLE 'N 000331 I'M COMPANY FORN,ENHISSWCY PROTECT 1A-6612 19-6613 SHOULD ANY OF THE ABOVE DES CITY OF SANTA ANA T14E EXPIRATION DATE THER� ATTXVURCRASING DEPARTMENT ACCORDANCE WITH THE POLICYy 20 CIVIC CENTER PLAZA AunwNlzaO q' ENTn ` SANTA ANA e CA 92701 J ��="' CI 1988.2814 ACOP ACORD 25 (2014101 i ew^ TYte ACORO name and 1090 are registered marks of ACORD I FEB 2 2 2018 M ***0.t}}*hw*}}*# ♦aa. x.�! AGENCIES FROM WHOM MUSLIM HLLL 'AL INSURED TO GENERAL LIABILITY PER ATTACHED SNDUREFMEtrr WHICH COMES OF THR POLICIES ALSO HP 2004 ISU$U FLATITIM TRUCE SS BE CAN LEO BEFORE WILL BE BH FRED IN CERTHOLDER COPY M ISSUE DATE: 12-01-2017 CITY OF SANTA ANA 20 CIVIC CENTER PLZ SANTA ANA CA 82701-4058 P.O. BOX 8192, PLEASANTON, CA 94688 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE SP POLICY NUMBER: 1714782-2017 CERTIFICATE ID; 33 CERTIFICATE EXPIRES: 12-01-2018 12-01-20117/12-01-2013 This is to certify that we have issued a valid Workers' Compensation Insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated This policy Is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described 'herein is subject to all the terms, exclusions, and conditions, of such policy. Autharized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE, ENDORSEMENT #2085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 12-01-2005 IS ATTACHED TO AND FORMS A PART OF THIS POLICY.. »+�.. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2017-12-01 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF SANTA ANA EMPLOYER ARNAZ ENGINEERING CONTRACTORS,INC SP 1035 N ARMANDO ST STE X ANAHEIM CA 82505 REVIEWED BY.. c.� EUNICE HEREDIA (P13 SOF,.. ! [OH6,CNI (REV,7-20741 - PRINTED : 12-01-2017 Enclosed is your copy of a certificate of insurance on which the certificate holder required a waiver of subrogation: t. Please be advised that a waiver of subrogation requires that a 3% surcharge will be applied by State Fund ONLY to the premium assessed on the payroll of your employees earned while engaged in work for that certificate holder who requested the waiver. (Note; if you have no employee payroll on that job, then there is no charge.) 2. To apply the 3% surcharge, you must also agree to maintain accurately segregated payroll records for employees engaged in work on job/s for the certificate holder who has the waiver. The payroll records are subject to verification by an auditor. Example: Payroll for job: Sample Rate: Regular Premium equals: Surcharge: Additional Waiver charge: Total premium equals $5,000.00 13.30%- ---------- $ 3.30%$ 665.00 3.00% $ 684.95 (665.00 + 19.95) REVIEWED BV: '�^`````,`E`UN�IGE HEF2EpIA (PG , OF,+ Lr�u yAT CITY OF SANTA ANA BONDS PROJECT NO.: 17-6613 Bond No, CAC715830 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS that ARNAZ Engineering Contractors, Inc. as CONTRACTOR, and Merchants Bonding Company (Mutual) a corporation, organized and existing under the laws of the State,'and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound Luno the City of Santa Ana, as AGENCY, in the penal sum of Four Hundred Thirty One Thousand Two Hundred Fifty & 00/100------------------ Dollars ($ 431 250.00 ), which is 100 percent of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. * of Iowa THE CON?DITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY dated March 21, 2017 for Emergency Construction if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the Work of Improvement to be done under said Contract Agreement, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures;. provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the tetras of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY. IN WITNESS WHEREOF the patties hereto have set their names, titles, hands, and seal this 13th day of February , 2018 Engineering Contractors, Inc., 1035 Armando Street, Ste. X, Anaheim, CA 92806 (714)666-1765 Bonding gyhpany (Mutual), P.O. Box 14498, Des Moines, IA 50306 (515)243-8171 Janessa l opgiana, muorney-m-rac ,<l 5l r\almus ur., AZu"I, uosia ivies a, L, /A kMUZb, 1 /'141 b40-5"1 uu Subscribed and sworn to before me, this clay of 20 Signature: See Attached Notary Public in and for the County of State of Rate of premium on this bond is $ 10.00 for the first $500m per thousand. Total amount of premium charge is $ 4,313.00 . To be,illed in by Surety *Provide CONTRACTOR 1 ADMIITTED SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. 2 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 2/13/18 before me, B. Copeland Notary Public, personally appeared Ali Yazdanshenas Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrurnent and acknowledged to me that he/she/they executed the same in his/her/their authorized eapacity(ies), and that by his/herftheir signature(s) 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 paragraph is true and correct, WITNESS my hand and official seal. Signature: 3' mature of Notary Rrblio Plane Notary Seal Above ----------------- OPHONAL ------------------------------------------------- Though the information below is not required by law; it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Signcr(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Ali Yazdanshenas ❑ Individual ® Corporate Officer — Title(s): President ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Rev, 1-15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On f -3 before me, B. Copeland Notary Public, personally appeared Vanessa Copeland Name(s). of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/tiiay executed the same in hisfher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify ruder PENALTY OF PERJURY under the laws of the State of California that the foregoing B. COPELAND paragraph is true and correct. t Notary Public - California z Orange County n Commission s 247500 WITNESS my hand and official seal. My Comm. Eress A_�f 19,2021 Signature:_ /e/ ature of Notary Public Place Notary Sea] AboveS' ------------------------------------------------------ OPHONAI, — — -- -------------------------- Though the information below is not: required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: Vanessa Copeland ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner: ❑Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s):_ ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Rev. 1-15 MERCHAN BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC„ both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Eric Lowey; Jennifer Grenrood; Karyl A Richter; Kevin Cathcart; Mark Richardson; Shawn Blume; Teresa I Jackson; Vanessa Copeland their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-cf-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 17th day of April 2017 MERCHANTS BONDING F RgeO% �4?poPP099A9�• MERCHANTS NATIONALBONDIING,NY TUAL) INC 4 Ao.Z• may. U .+•..s.; z�, .3l y �°.• 2003 {y�; : �; 1933 .............. i ' Jd�'{j "';," By I-117"sident STATE OF IOWA COUNTY OF DALLAS ss. On this this 17th day of April 2017 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. yp.ln<s ALICIA K. GRAM Qv Commission Number 767430 \/ f My Commission Expires �oWP April 1, 2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 13th day of February , 2018 POA 0018 (3/17) 00 ........... . 0; �.0�4'@1Pa99y 2003 :�� �• 1933 .' Secretary ;y�;•., Jd� •.. r9a�, obi .....•\�A •s` POA 0018 (3/17) CITY OF SANTA ANA PREMIUM IS FOR THE CONTRACT TERM AND Is SUBJEC_I BONDS TO ADJUSTMENT BASED ON FINAL, CONTRACT PRI("' Bond No. CAC 715830 YVROJECT NO.: 17-6613 Premium: $4,313 00 "M Ime '_f' GL1 I{NOW ALL MEN BY THESE PRESENTS that ARNAZ Engineering Contractors, Inc. as CONTRACTOR, and Merchants Bonding Company (Mutual) a corporation, organized and existing tinder the laws of the State; and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound Luno the City of Santa Ana, as AGENCY, in the penal sum of Four Hundred Thirty One Thousand Two Hundred Fifty & 00/100-- Dollars ($ 431,250.00 ), which is 100 percent of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. * of Iowa THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY dated March 21, 2017 for Emergency Construction if CONTRACTOR faithfully performs and fulfills all obligations in the performance of the Wort, of Improvement to be done under said Contract Agreement in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract docurnents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 13th day of February , 2018 ANAZ Engineering Contractors, Inc., 1035 Armando Street, Ste. X, Anaheim, CA 92806 (714)666-1765 (MLIWal), P.O. Box 14498, Des Moines, IA 50306 (51 Attorney -In -Fact, 151 Kalmus Dr., A201, Costa Mesa, CA 92626, (714) 546-5100 Subscribed tend sworn to before me, this day of 20 Signature: See Attached Notary Public in and for the County of State of Rate of premium on this bond is $ 10.00 for the first $500m per thousand, Total amount of premium charge is $ $4,313.00 . To be filled in by Surety *Provide CONTRACTOR /ADiLIITTED SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. I of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document, State of California Colmty of Orange ) On 2/13/18 before me, B. Copeland Notary Public, personally appeared Ali Yazdanshenas Nante(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/sha/they exeerited the same in his/her/their authorized capacity(ies), and that by his/heiftheir signature(s) on the instrnient the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 9P. COPE ANO WiF Noh^: n.51k-California 6,rae County cor nsser. ^ I 2187550 Co m.Exp�cs Aprl9,2021 Place Notary Seat Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: f:. �N(,n--r-�.•L� gnature of Notary Public --------------------------------------------------- OPTIONAL — — — Though the information below is not: required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this fore to another docrument. Description of Attached Document Type or Title of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Ali Yazdanshenas ❑ Individual ® Corporate Officer — Title(s): President ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individival ❑ Corporate Officer — Title(s): ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is .Representing: Rev. 1-15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California County of Orange / ) On C - / before me, B. Copeland Notary Public, personally appeared Vanessa Copeland Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(,a) acted, executed the instrument. I certify under PENALTY OF PERJURY under the e. COPetAno laws of the State of California that the foregoing Notary cubic -California paragraph is true and correct. ° OranBe County .°� Comminila#2187550 My comm. Exoires Apr 18. 2021 WITNESS my hand and official seal. Signature: E !tk'G� z xture of Notary Public Place Notary Seal Above ------- OPTIONAL ------------------------------------------------------- Though the in1'ormafion below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Vanessa Copeland ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner: ❑Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Rev. 1-15 MERCHAN SS BONDING COMPANY.. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC„ both being corporations of the State of Iowa (herein collectively called the "Companies') do hereby make, constitute and appoint, individually, Eric Lowey; Jennifer Grenrood; Karyl A Richter; Kevin Cathcart; Mark Richardson; Shawn Blume; Teresa I Jackson; Vanessa Copeland their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc„ on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and out hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 17th day of April 2017 N44 PZ10p\NG CO�j , �'\yFOq �rj% O�•'\04*0q •° q'j.. *6.- (1 MERCHANTS BONDING COMPANY (MUTUAL) Cj •f j; .'.G�: MERCHANTS NATIONAL BONDING, INC. •x; 2003 ; 4� g y : 1933 By :d' •. : 'N dam: «,J��••.. .. ;r��?,. .•dk, .. •• \. President •. °'•'".,.�.nn""� �0•• •••• STATE OF IOWA COUNTY OF DALLAS as. On this this 17th day of April 2017 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies, and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. yJA46, ALICIAK.GRAM v Commission Number My Commission Expires 170 April 1, 2020 ,oWp Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 13th day of February 2016 ,0, woe Aqr o2 : j'., 2003 : Lj y: 1933 C: Secretary •. c. POA 0018 (3/17) CITY OF SANTA ANA BONDS PROJECT NO.: 17-6613 (To be submitted upon project completion as a Bond No. CAC715830 of project acceptance) I{NOW ALL MEN BY THESE PRESENTS that ARNAZ Engineering Contractors, Inc. as CONTRACTOR, and Merchants Bondinq Company (Mutual) a corporation, organized and existing under the laws of the State; and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Santa Ana, as AGENCY, in the penal sum of Forty Three Thousand One Hundred Twenty Five & 001100------------- Dollars ($ 43,125.00 ), which is 10% percent of the final contract amount for the above stated project, for the payment of which stun, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. * of Iowa THE CONDITIONS OF THIS OBLIGATION AR E SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY dated March 21, 2017 for Emergency Construction if CONTRACTOR faithfully warrants the work done under said Contract Agreement against material or quality defects for a period of one year after acceptance by the AGENCY, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 13th day of February 2018 Engineering Contractors, Inc., 1035 Armando Street, Ste, X, Anaheim, CA 92806, (714) 666-1765 P.O. Box 14498, Des Moines, IA 50308, (515) 243-8171 Attorney -In -Fact, t51 Kalmus Dr., A201, Costa Mesa, CA Subscribed and sworn to before me, this day of 20 Signature: See Attached Notary Public in and for the County of State of Rate of premium on this bond is $ 10.00 for the first $500m per thotuand. Total amount of premium charge is $ 4,313.00 . To befilled in b), ,Surety *Provide CONTRACTOR IADMITTED SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized represeratative. 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California County of Out 2/13/18 personally appeared before me, Am Ali Yazdanshenas Notary Public, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/shrhhuy executed the same in his/her/their authorized capacity(res), and that by his/her4reir signahire(s) on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. B. COPELAND " Nctay Public -Californiit a 0•ange County Cc-sser k2187550 Mycw- Expres Apr19,2021 Place Notary Seat Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: guature ofNotary Public — —-------------- OPTIONAL ------------------------------------------------ Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document, Description of Attached Document Type or Title of Document: Document Date: Signers) Other Than Nalned Above:_ Capacity(ies) Claimed by Signer(s) Signer's Name: Ali Yazdanshenas ❑ Individual ® Corporate Officer — Title(s): President ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Rev. 1-15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On — 3 -IJ J before me, B. Copeland Notary Public, personally appeared Vanessa Copeland Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisfher/their authorized capacity(ies), and that by brig/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the SAB COPE AND laws of the State of California that the foregoing Notary Public -California paragraph is true and correct. orange county n ' Commission a 2187550 Myeomm, EsoheaApr 1s.2o21 WITNESS my hand and official seal. 7 Signature:�wd'•—e� S' atw'e of Notary Public Place Notary Seal Above --------------------------------------------------------- OP.'['IONAL — ---------- ------------- Though tlne information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Vanessa Copeland ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner: ❑Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ hidividual ❑ Corporate Officer — Title(s):_ ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Rev. 1-15 MERCHANT BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Eric Lowey; Jennifer Grenrood; Karyl A Richter; Kevin Cathcart; Mark Richardson; Shawn Blume; Teresa I Jackson; Vanessa Copeland their true and lawful Atto may(s)-i n -Fact, to sign its name as surety(les) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed " In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation, It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 17th day of April 2017 ,0. 110N44MERCHANTS BONDING COMPANY 'hy;'G®�PORA� •2'; (MUTUAL) ��O'y�PPOA'9„A�4. MERCHANTS NATIONAL BONDING, •x: 2003 wtsc f•. 1933 rc: ey d+a1�••.........�Fl�,: '.J6�i .......•\1a President t�f it STATE OF IOWA °""' '• COUNTY OF DALLAS as. On this this 17th day of April 2017 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. VSkIAd S ALICIA K. GRAM q Commission Number 767430 My Commission Expires roWP. April 1, 2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -0 F -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof POA 0018 (3/17) I have hereunto set my hand and affixed the seal of the Companies on this 13th day of February , 2018 . by Go\00,9 .�O^ v��,<OPP 0,5 y+92c� eZ:2 -0_ ®';O; a: a *"''c'y+f^sK% F"�"i..•+"�',^s2'G'�.. -�r•�,r 1933 : /+ v . 2003 Secretary REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 17, 2017 TITLE: APPROVE APPROPRIATION ADJUSTMENTS AND AWARD CONTRACT TO ARNAZ ENGINEERING CONTRACTORS, INC. FOR EMERGENCY REPAIRS RELATED TO JANUARY 2017 STORM DAMAGE (PROJECT 17-6613) (STRATEGIC PLAN NO. 6, 1C) CIMMANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED OCT 17 20111 as Pr IS As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to award and execute a construction contract to Arnaz Engineering Contractors, Inc., for emergency construction to repair storm damage at the Lincoln Avenue Channel, to be performed on a time -and -materials basis, in the total amount not to exceed $431,250, subject to nonsubstantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $540,000, which includes the contract amount, administration, inspection, testing, and an authorized contingency of $44,025. 3. Approve an appropriation adjustment appropriating $460,000 from prior year fund balance in the Local Drainage Area II revenue account, and appropriating the same amount into the Local Drainage Area II expenditure account. 4. Approve an appropriation adjustment appropriating $80,000 from prior year fund balance in the Local Drainage Area V revenue account, and appropriating the same amount into the Local Drainage Area V expenditure account. DISCUSSION Between January 18 and January 23, 2017, the City of Santa Ana, along with many other communities throughout California, experienced a period of heavy rainfall and flooding when a significant system of rainstorms passed over the state. In the course of these storms, the City suffered several emergency events, including damage to two stormwater drainage facilities and several fallen street trees. Along the Lincoln Avenue Channel (located within Local Drainage Award Contract to Arnaz Engineering Contractors, Inc., for Emergency Repairs to Lincoln Avenue Channel October 17, 2017 Page 2 Areas II and V), portions of the channel the safety wall were heavily damaged. Fallen debris was removed, temporary shoring was installed along the channel to prevent further collapse, and temporary fencing was installed to maintain safety and separation from neighboring properties. Since the Governor's proclamation of a state of emergency for the January 2017 storm system and subsequent Presidential declaration of a major disaster (FEMA -4305 -DR -CA), City staff has been working with Federal Emergency Management Agency (FEMA) and the California Office of Emergency Services (Cal OES) to identify and quantify the losses suffered during this disaster, along with establishing procedures to receive reimbursement for these costs. Staff expects to receive up to $1 million for all storm -related expenses. Cal OES acknowledged approval of the City's Request for Public Assistance in a letter dated July 17, 2017. Upon obligation of federal and state funds, the City will be notified by Cal OES via Grant Obligation Notification Letters describing the remaining funding processes. In the meantime, staff recommends proceeding with the emergency construction work at the Lincoln Avenue Channel (Exhibit 1), which must be completed before another rain event occurs. The work consists of reconstructing the damaged channel and safety wall, as well as strengthening the channel with structural upgrades. City Council previously authorized the Contractor, Arnaz Engineering Contractors, Inc., to perform emergency repairs to stabilize conditions at both channel locations. Since then, the temporary shoring at the Lincoln Avenue Channel continues to be maintained by the Contractor and the City continues to incur a rental fee for the temporary shoring of approximately $10,000 a month. Staff is recommending that a contract be awarded to Arnaz Engineering Contractors, Inc. (Exhibit 2), per Section 2-807 of the Santa Ana Municipal Code, which dispenses with the formalities of competitive bidding. Moving forward with this emergency work will prevent similar damage of this nature in the future and eliminate the ongoing, monthly rental fees. On May 2, 2017, City Council approved an appropriation adjustment recognizing up to approximately $431,250 in state and federal Disaster Recovery Public Assistance into the Public Works state and federal grant fund revenue accounts (12217002-52025 and 12217002-52001, respectively). However, in light of the potential $1 million distribution, this appropriation was premature. Upon receipt of the FEMA/Cal OES Obligation Letter confirming fund distribution, an updated appropriation adjustment reflecting the actual funding will be presented to Council for approval. That appropriation adjustment will also include the required 6.25% City Match that will be provided from the City's Liability Fund. TIME -AND -MATERIAL PRICING Repair costs will be limited to time -and -material pricing, which is based on industry standard materials pricing and actual man-hours worked at standard prevailing wage rates. Time -and - material contracting is industry accepted, is considered a neutral method by agencies/owners and construction contractors, and is typical of emergency contract work. The contractor is aware of and shall adhere to the City's Community Workforce Agreement for the use of labor. Staff is prepared to take detailed inspection notes and accounting of materials and labor consumed to Award Contract to Arnaz Engineering Contractors, Inc., for Emergency Repairs to Lincoln Avenue Channel October 17, 2017 Page 3 monitor progress and billing. Nonetheless, staff will negotiate certain work phases to cap or reduce cost wherever possible. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 3), the estimated total construction delivery cost of the Lincoln Avenue Channel project is $540,000, which includes construction, contract administration, inspection, testing, and a contingency of $44,025. To proceed immediately with the emergency work, staff has identified the following funding sources for the project: Account Number IAccount Description Amount 22217660-66220 Local Drainage Area II Fund $460,000 22517660-66220 Local Drainage Area V Fund $80,000 TOTAL REPAIR COSTS: $540,000 Upon approval of the recommended appropriation adjustments, $460,000 of prior year fund balance will be recognized into the Local Drainage Area II revenue account (No. 22217002- 50001) and appropriated into the Local Drainage Area II expenditure account (No. 22217660- 66220); and $80,000 of prior year fund balance will be recognized into the Local Drainage Area V revenue account (No. 22517002-50001) and appropriated into the Local Drainage V expenditure account (No. 22517660-66220). All funds will be available for expenditure in Fiscal Year 2017- 18. When the FEMA/Cal OES Obligation Letter confirming fund distribution is received, reimbursements to the Local Drainage Area funds will be made in accordance with the $431,250 appropriation adjustment approved by Council on May 2, 2017, as follows: Account Number I Account Description Amount 12217002-52001 FEMA Disaster Assistance Fund $345,000 12217002-52025 Cal OES Disaster Assistance Fund $86,250 TOTAL REPAIR COSTS: $431,250 Award Contract to Arnaz Engineering Contractors, Inc., for Emergency Repairs to Lincoln Avenue Channel October 17, 2017 Page 4 Any additional FEMA/Cal OES disbursements for the balance of this project and for other pending disaster -related projects, along with the prescribed 6.25 percent City Match from the City's Liability Fund, will be brought back to Council for further appropriation. r Itreo Mousdvipour Executive Director Public Works Agency J� EWard Raya Executive Director Personnel Services Agency FM/EWG/TC Voutierrez FUNDS AND ACCOUNTS: Finance & Management Services Agency Exhibits: 1. Location Map of the Lincoln Avenue Channel 2. Construction Contract 3. Cost Analysis SANTA ANA TITLE: CITY COUNCIL AGENDA DATE LINCOLN AVENUE CHANNEL P! October 17. 2017 Pub`ac Warks Agency E Park Ln Ave >' 7 Grovemo€at St JOaraa Dr joana Or PROJECT LOCATION Cherry St Chercv St Beechwood St Beechwood St r Spechv<ood St Aspen st Awed S# E Sante Clara Ave > . _.. Clara Ave 1 X250 feet EXHIBIT SANTA ANA TITLE: CITY COUNCIL AGENDA DATE LINCOLN AVENUE CHANNEL P! October 17. 2017 Pub`ac Warks Agency EXHIBIT 2 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 17-6613 EMERGENCY CONSTRUCTION This CONSTRUCTION CONTRACT is made and entered into this 17th day of October, 2017 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and Arnaz Engineering Contractors, hie. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Emergency Repairs Related to January 2017 Storm Damage Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF RNIPROVEMENT the sum total amount not to exceed Four Hundred Thirty -One Thousand Two Hundred Fifty Dollars ($431,250), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. rev. 09/01/2017 Page 1 of 3 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: http:l/Santa-ana/pwa/documents/LosAneelesOraneeCountiesBuilding ConstructionTradescouncil.ndf CONTRACTOR shall, after award of this Contract, famish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials fiunished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council if T i ,.ts SONIA R. CARVALHO City Attorney EY- t -e��� AANFUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA CYNTHIA KURTZ Interim City Manager CONTRACTOR: Amaz Engineering Contractors, Inc. ALIYAZDANSHENAS President Page 3 of 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 17-6613 EMERGENCY CONSTRUCTION EXHIBIT A PROPOSAL SCOPE OF SERVICES AND COMPENSATION SCHEDULE SHALL BE BASED ON A TIME AND MATERIAL FORCE ACCOUNT BASIS AS SPECIFIED IN THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION. The urgent repairs shall be completed by performing the work on a design -build basis limited to time and material pricing, using acceptable methods and equipment approved by the City. Costs shall be calculated based on actual costs and quantities of materials used by the contractor at standard materials pricing, and actual man-hours worked at standard prevailing wage rates. Staff shall verify and confirm accounting of materials and labor consumed to monitor progress and billing. THE WORK SHALL TAKE PLACE AT THE FOLLOWING LOCATIONS: 1) Emergency Protective Measures at Lincoln Avenue Channel includes concrete debris removal, temporary shoring installation, removal, and rental fees. The cost is not expected to exceed $60,000. 2) Emergency Construction at Lincoln Avenue Channel includes demolition and reconstmction of channel and wall_ The cost is not expected to exceed $371,250. COST ANALYSIS CONSTRUCTION OF PROJECT NO. 17-6613: Emergency Construction Construction Contract $ 431,250.00 Contract Administration $ 33,625.00 Inspection and Testing $ 31,100.00 Contingencies $ 44,025.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 540,000.00 EXHIBIT 3 REQUEST FOR APPROPRIATION ADJUSTMENT Appropriation Adjustment No: x018 - 03 �- Date: October 17, 2017 Department: Public Works TYPE OF ADJUSTMENT Transfer of Funds (No Council Action Required) EDTransfer of Funds (Council Action Required) From: -counting Unit - Account # - Description 22217002 50001 Prior Year Carry Forward Total Council Action Date OCT 17 Z011 a a A - Approved: Yes F-1 No Clerk of the ouncil To: PUB WKS -STORM DRAIN CONST Accounting Unit - Account 4 - Description Amount 460,000 22217660 66220 Improvements Other Than Building 460,000 Total 460.000 JUSTIFICATION FOR REQUEST: To recognize prior year fund balance into the Local Drainage Area H Fund for emergency construction repair stem damage at the Lincoln Avenue Channel. RPCA 10/17/17 �R Depa eUHead 1J �� APPROVED Assistant If /10 Accounting APPROVED: Date City: PREPARATION: Submit original with department head signature to FinancefAccounting M-17, and a control number will be assigned. Upon approval from the Assistant Director of Finance and the City Manager, a photocopy of the signed original will be forwarded to the department. REQUEST FOR APPROPRIATION ADJUSTMENT A roP nation Ai41ustment Noi 3019-0,31 PP Date: October 17, 2017 Department: Public Works TYPE OF ADJUSTMENT F7Transfer of Funds (No Council Action Required) Transfer of Funds (Council Action Required) Council Action Date OCT 17 2017 Za Approved: ® Yes No fi,� -;I. Clerk of the ouncil From: PUB WKS -STORM DRAIN CONST To: PUB WKS STORM DRAIN CONST Accountine Unit - Account # - Description Amount Accounting Unit - Account # -Description Amount 22517002 50001 Prior Year Carry Forward 80,000 22517660 66220 Improvements Other Than Building 80,000 Total 80,000 Total 80,000 JUSTIFICATION FOR REQUEST: To recognize prior year fund balance into the Local Drainage Area V Fund for emergency construction repair stom damage at the Lincoln Avenue Channel. RFCA 10/17/17 - fMULL X -D De Head Accounting L V� P�APPROVED AS TO FUNDS AND ACCOUNTS: APPROVED: i t6 11 Z 'City City Manager Date Submit original with department head signature to Finance/Accounting M-17, and a control number will be assigned. Upon approval from the Assistant Director of Finance and the City Manager, a photocopy of the signed original will be forwarded to the department. THE REGISTER 625 N GRAND AVE, SANTA ANA, CA 92701 Telephone (714) 796-7000 / Fax (714) 796-6059 CNS#: 3036703 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California ) County of ORANGE ) ss Notice Type: BID - NOTICE INVITING BIDS Ad Description: FAIRVIEW ST PAVEMENT MAINTENANCE-SEGERSTROM-NCL I am a citizen of the United States and a resident of the State of California: I am over the age of eighteen years, and not a party to or interested In the above entitled matter. I am the principal clerk of the printer and publisher of the THE REGISTER, a newspaper published In the English language In the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 11/19/1905, Case No. A21046. That the notice, of which the annexed is a printed copy, has been published In each regular and entire Issue of said newspaper and not In any supplement thereof on the following dates, to -wit: 07/31/2017, 08/07/2017 Executed on: 08/07/2017 At SANTA ANA,CA I certify (or declare) under penalty of perjury that the foregoing Is true and correct, II I II 0I 0I 0 III 0I 01 4 I5 III1 I I 0 II ,1115111 I II This space for filing stamp only POSTED JAN 0 9 2017 HUGH NGUYEN.CLERK- CORDER BY• DEPUTY MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez COUNCIL MEMBERS P. David Banavides Vicente Sarmlento Jose Solorio Sal Tinajaro Juan Villages FIDE® Hl�h r�llll��µ'll ' NO FF JAN 092017 RG 008981626 A ORANOECOUNTYCUERK-RF�.OR ER DRPARTMRN201785000011 9:32 am 01/09%17 14 304 201 BY: DEPUTYO.00 60.00 0.00 0.00 0.00 0.00 0.00 0.00 CITY OF SANTA ANA PLANNING $ BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. BOX 1988 Santo Ana, California 92702 (714) 667.2700 • Fax (714) 973.1461 www,santa•an(i.org CITY MANAGER David Cavazoa CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria 0. Hulzar NOTICE OF EXEMPTION From the Requirements of the California Environmental Quality Act (CEQA) Fee Exemption per California Government Code Section 6103 To: COUNTY CLERK From: City of Santa Ana County of Orange Planning & Building Agency P.O. Bax 238 20 Civic Center Plaza M-20 Santa Ana, CA 92702 Santa Ana, CA 92702 Project Title: Arterial Street Slurry Seal 2016.2017 Date of Approval: TBD Project Number(s): PWA -2017 -36 -CITY Project Location: 1 City Wide (Partial) City: Santa Ana County: Orange ER Number; ER -2017.4 Project Description; The construction will include applying slurry seal material to surface of roadway. Applicant Name: Kenny Nguyen, City of Santa Ana Public Works Agency Applicant Address: Ross Annex, 20 Civic Center Plaza, 3rd Floor M-36 SANTA ANA, CA 92702 Name of Public Agency Approving Project: City Council Name of Person or Agency Carrying Out Project: Nguyen, Kenny Exempt Status: ❑ Ministerial (Sec, 15266) ❑ Declared Emergency (Sec. 15269 (a)) ❑ Emergency Project (Sec. 15269 (b through e)) ❑ General Rule (Sec. 15013 (b)(3)I(5)) ❑ Statutory Exemption: * Categorical Exemption: 15301(c) Reasons) Why Project is Exempt From CEQA: 16301(c) consists of renovating existing roadway facilities. City Contact: i ar Tores Telephone: (714)647.5018 Signature: _.-...._.......� Title: i i ,j h Date: SANTA ANA CITY COUNCIL Miguel A. hudo Mlchald Martinez Vinaente Sarmiento Joao Sniodo R David BenAvIdea Juan Villegas Sal Tinajaro Mayor Mayor Pro Tem, Ward 2 Ward 1 Ward a Ward4 Ward 9 Ward S i dg aanla.anaom a1W1ad1 ==n e r warm@I�g(�,g nfe-ana.om IsolorioLasant- org dbenaVldoar3�santa-anan m vill a,l2isanlara aorg gilagje tID anta•an m