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Home My WebLink AboutC-8833-2 - Balboa Boulevard, Newport Boulevard and 32nd Street Pavement RehabilitationCITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3005 1 949 644-3039 FAX newportbeachca.gov/cityclerk May 16, 2025 R.J. Noble Company Attn: Mr. Ryan Overman 15505 East Lincoln Avenue Orange, CA 92865 Subject: Balboa Boulevard, Newport Boulevard and 32nd Street Pavement Rehabilitation Contract No. 8833-2 Dear Mr. Overman: On March 11, 2025, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on March 12, 2025, Reference No. 2025000078932. Enclosed is the released Labor & Materials Payment Bond. Sincerely, r Vl J Leilani I. Brown, MMC City Clerk Enclosure EXHIBIT A Executed in Duplicate CITY OF NEWPORT BEACH BOND NO. 30216032 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to R.J. Noble company hereinafter designated as the "Principal," a contract for: the work necessary for the completion of this contract consists of, but is not limited to: (1) distributing construction notices to affected residents and businesses; (2) placing "Temporary Tow -Away No Parking" signs and setting up traffic control; (3) construction surveying, staking, and monument preservation; (4) implementing BMPs in work areas; (5) cold milling and overlaying existing pavement; (6) removing existing asphalt and constructing full depth asphalt concrete digouts; (7) removing existing curb and gutter, sidewalk, curb access ramps, commercial driveway approaches, and cross gutters; (8) constructing curb and gutter, sidewalk, curb access ramps, commercial driveway approaches, full -depth AC slot patches, and cross gutters; (9) installing traffic striping, signing, sign posts, and pavement markings; (10) coordinating with outside utility owners to have their facilities adjusted to grade; (11) removing existing hardscaping and pavement as needed for contract work; (12) removing and relocating existing street lights; (13) installing signal loop detectors; (14) adjusting manholes, valve boxes, and pullboxes to grade; (15) removing and relocating bollards; (16) removing existing and installing new cleanout and water valve boxes to grade; (17) installing new traffic poles with foundation; (16) installing conduits; (18) installing new City -furnished poles on the new foundation with LED signs and APS pedestrian push button assembly; (19) removing existing median pole/flashing beacons and its foundation and installing new City light standard pole; (20) installing pole mounted cabinets with sign controllers; (21) removing, relocating, and installing new pull boxes; (22) installing conductors/cables in conduit; (23) installing conduits into existing pull boxes; and (24) other incidentals items to be completed in work places required by the Plans and Specifications, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Western Surety Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Five Million One Hundred Nineteen Thousand Sixty Dollars ($5,119,060.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment R.J. Noble company Page A-1 well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. [SIGNATURES ON NEXT PAGE] R.J. Noble company Page A-2 IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the loth day of May , 20 24 . R.J. NOBLE COMPANY Name of Contractor (Principal) Western Surety Company Name of Surety 2 Park Plaza, Suite 400 Irvine A 92614 Address of Surety 949-399-4970 Telephone APPROVED AS TO FORM: CITY ATTORNEYS OFFICE Date: / 1`I lZq By: LJ Won C. Harp s/ Attorney %/zy X Authorizja( d Sig 6tureffitle STEVEN L.YENDOZA, VICE PRESIDENT r e Agent Signature Tames Scott Salandi, Attorney-hi-fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED R.J. Noble company Page A-3 CALIFORNIA 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 05/13/2024 Date personally appeared before me, J. DEIONGH, NOTARY PUBLIC Here Insert Name and Title of the Officer STEVEN L. MENDOZA Name(S) of Signer(4 who proved to me on the basis of satisfactory evidence to be the person(K) whose name(A) is/M subscribed to the within instrument and acknowledged to me that he�14�7315i�y executed the same in his/±mx6&Ax authorized capacity(i and that by hisXXXX 4Ksignature(x) on the instrument the person(s), or the entity upon behalf of which the person(N acted, executed the instrument. J. DEIONGH W Notary Public • California Z " - Orange County � Commission - L468114 My Comm. Expires Oct 28, 2027 Place Notary Seal and/or Stamp 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. x Signature Si azure of Notary Public Vr 1 IVI\riL Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ElCorporate Officer — Title(s): ❑ Partner — ElLimited [IGeneral ElIndividual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ElOther: Signer is Representing: )2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — ❑ Partner — ❑ Limite ElIndividual ❑ Trustee ElOther: Signer is Representing d Title(s): ❑ General ❑ Attorney in Fact ❑ Guardian or Conservator ACKNOWLEDGMENT 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 } ss. On , 20 before me, Notary Public, personally appeared 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 signatures(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 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT 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 } ss. On , 20 before me, Notary Public, personally appeared 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 signatures(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 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) R.J. Noble company Page A-4 ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 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 San Bernardino On �1 before me, Tina Downey, Notary Public , (Here insert name anO title of the officer) personally appeared James Scott Salandi who proved to me on the basis of satisfactory evidence to be the personN whose nameN is re subscribed to the within instrument and acknowledged to me that e she/they executed the same in hi her/their authorized capacity(ieq, and that by is her/their signatureMon the instrument the person'(, or the entity upon behalf of which the personKacted, 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. A TINA DC'NNEY WITNESS my hand and official seal. .. �yE /��_, Notary r,:biic • California z San Bernardino Couniv > s ` Commission = 2393319 r `My Comm. Expires Nov 21, 2025 N ary ublic Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of allached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) p Attorney -in -Fact ❑ Trustee(s) ❑ Other - 0,5 cV1:i'v,ciawri'LvJvo'J.111OLGIyIiICIJJCS.I':Ulll QUU-J7 -�UUD INSTRUCTIONS FOR COMPLETING THIS FORM This form complies toith current California stat:ttes regarding notary n'ording and. if needed. should be completed and attached to the document. Acknolwedgents Rani other states nnap be completed /br documents being sent to that state so long as tine wording does not require the California nota7, to violate California notary icnr. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears nithin his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/timey; is /are ) or circling the correct forms. Failure to correctly indicate this infonnation may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area pennits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). a Securely attach this document to the signed document Avith a staple. Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint James Scott Salandi, David Jacobson, Individually of Irvine, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the Authorizing By -Laws and Resolutions printed at the bottom of this page, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 30th day of January, 2024. �a+suaETyN WESTERN SURETY COMPANY ft QZ 3W: Larry Kasten, Vice President State of South Dakota l ss County of Mmnehaha I On this 30th day of January, 2024, before me personally came Larry Kasten, tome known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. }444b44b44444b4444444b444} My commission expires i M. BENT + i Scei NOTARY PUBLIC Sce� i March 2, 2026 J'souTN oAKorA: +44444444444b44bb4444444+ M. Bent, Notary Public CERTIFICATE 1, Paula Kolsrud, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law and Resolutions of the corporation printed below this certificate are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this oAay of u"�j Z / �mSVgEtY".. ��::••QOR:�o,; WESTERN SURETY COMPANY =Wi •_� ti*�SvpH•pp0~P` Paula Kolsrud, Assistant Secretary Authorizing By -Laws and Resolutions ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attomey is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. This Power of Attorney is signed by Larry Kasten, Vice President, who has been authorized pursuant to the above Bylaw to execute power of attorneys on behalf of Westem Surety Company. This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic -formatted corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27`k day of April, 2022: "RESOLVED: That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or otherwise electronic -formatted corporate seal, each to be considered the act and deed of the Company." Go to www.ennsurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Forth F4280-6-2023 3/12/25, 3:16 PM Batch 18880080 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II 11 II 111 III IIII 111 I II II II N 0 F E E *$ R 0 0 1 5 4 6 0 5 4 0$ 2025000078932 02:50 pm 03/12/25 503 Ex12A N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and R.J. Noble Company of Orange, California, as Contractor, entered into a Contract on 05/28/2024. Said Contract set forth certain improvements, as follows: Balboa Boulevard,. Newport Boulevard and 32nd Street Pavement Rehabilitation Contract No. 8833-2 Work on said Contract was completed, and was found to be acceptable on March 11, 2025, by the City Council. Title to said property is vested in the Owner, d the Surety for said Contract is Western Surety Company. M DW d Webb,`Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. n� ,� n� Executed on IylttTwK �, �'!� at Newport Beach, California. BY SEW PORT Leilani I. Brown, City Jerk �. n cqt/p0%g:L https://gs.secure-erds.com/Batch/Confirmation/l8880080 2/2 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and R.J. Noble Company of Orange, California, as Contractor, entered into a Contract on 05/28/2024. Said Contract set forth certain improvements, as follows: Balboa Boulevard, Newport Boulevard and 32nd Street Pavement Rehabilitation Contract No. 8833-2 Work on said Contract was completed, and was found to be acceptable on March 11, 2025, by the City Council. Title to said property is vested in the Owner -and the Surety for said Contract is Western Surety Company. M 41 David 1Nebb,`Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. MkO I ��Executed on I �, �'V) , at Newport Beach, California. BY ` �(� EW POR T Leilani I. Brown, City Jerk O� cgt�FOR�'�A N c� c� 00 CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 2nd day of May 2024, at which time such bids shall be opened and read for BALBOA BOULEVARD, NEWPORT BOULEVARD AND 32ND STREET PAVEMENT REHABILITATION Contract No. 8833-2 $5,039,000.00 Engineer's Estimate Approved by James M. Houlihan Deputy PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: https://pbsystem.planetbids.com/portal/22078/portal-home Hard copy plans are available via Santa Ana Blue Print at (949) 756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project: "A" and "C-10" For further information, call Daniel Jordan, Proiect Manager at (949) 644-3344 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: https://www new portbeachca gov/government/data-hub/online-services/bids-rfps-vendor- reqistration City of Newport Beach 146� Contract No. 8833-2 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Councilmembers: The undersigned declares that the Contractor has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 8833-2 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: 05/02/2024 Date 714-637-1550/714-637-6321 Bidder's Telephone and Fax Numbers 782908 CLASS A & C12 Bidder's License No(s). and Classification(s) 1000004235 DIR Registration Number R.J. NOBLE COMPANY Bidder �1< X Bidder' Au ed i Si nature and Title JACO DLOVE, ECRETARY 15505 E. LINCOLN AVE., ORANGE, CA 92865 Bidder's Address Bidder's email address:jacobbreedlove@rjnoblecompany.com PR-1 City of Newport Beach EVARD. NEWPORT BC F-11ttlell, Contract No. 8833-2, TABLE OF CONTENTS NOTICE INVITINGIBIDS .......................................................................................... Cover INSTRUCTIONS TO BIDDERS ........... i .................. ........... 3 ......................................... IIDDER'$.BOND .......................................................................................................... 6 DESIGN/ TION OF, SUBCONTRACTOR(S) ........... ..................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ..........................................10 NON -COLLUSION AFFIDAVIT ..................................................................... 14 DESIGNATION OF SURETIES ...................................................................... 15 CONTRACTOR'S INDUSTRIAL SAFETY RECORD ....................................................16 ACKNOWLEDGEMENT OF ADDENDA ....................................................................... 18 INFORMATION REQUIRED OF BIDDER ..................................................................... 19 'NOTICE +b SUC &6SFUL BIDDER ................. .................................................. 22 ,YONTRACT .................................................................................................................. 23 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND ........................................................... Exhibit B INSURANCE REQUIREMENTS ................................................................. Exhibit C PROPOSAL.............................................................................................................. PR-1 SPECIAL PROVISIONS ............................................................................................ SP-1 2 City of Newport Beach Contract No. 8833-2 INSTRUCT NS TO WbDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed Envelope) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original, sealed copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.) The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 5. The estimated quantities indicated in the PROPOSAL are approximate and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703.4774 and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may 4 be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been review . 782908 CLASS A tar C12 Contractor's License No. & Classification Autho t ed J at lTitle JACOB BREEDLOVE SECRETARY 1000004235 06/30/2025 05/02/2024 DIR Registration Number & Expiration Date Date Bidder 5 City of Newport Beach BALBOA BOULEVARD, NEWPORT BOULEVARD AND 32ND STREET PAVEMENT REHABILITATION Contract No. 8833-2 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of ten percent of the amount bid --------------------- ----------------------- Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BALBOA BOULEVARD, NEWPORT BOULEVARD AND 32ND STREET PAVEMENT REHABILITATION, Contract No. 8833-2 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 11 th R.J. NOBLE COMPANY Name of Contractor (Principal) Western Surety Company Name of Surety 2 Park Plaza, Suite 400 Irvine, CA 92614 Address of Surety 949-399-4970 Telephone day of ARril, 2024. James Scott Salandi, Attorney -in -fact _ Print Name and Title (Notary acknowledgment of Principal & SUrety must be attached) A vnozA, VT CALIFORNIA 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 l County of ORANGE J} On 04/12/2024 Date personally appeared before me, J. DEIONGH, NOTARY PUBLIC Here Insert Name and Title of the Officer STEVEN L. MENDOZA NameO of Signer(jg who proved to me on the basis of satisfactory evidence to be the persono) whose name( is/Nt subscribed to the within instrument and acknowledged to me that heXMAMy executed the same in his/±xx6&Ax authorized capacitypM and that by hiSA##4Wl signature(a) on the instrument the person(s), or the entity upon behalf of which the person( acted, executed the instrument. J. DEIONGH <' y. ye Notary Public • California Orange County 13 My Commission # 2468114 Comm. Expires Oct 28, 2027 Place Notary Seal and/or Stomp 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 (V/�- L—�Wiignature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: C2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ACKNOWLEDGMENT 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 } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) subscribed to the within instrument and acknowledged to me that he/she/ in his/her/their authorized capacity(ies), and that by his/her/their signa re the person(s), or the entity upon behalf of which the person(s) acted xec I certify under PENALTY OF PERJURY under the laws of the paragraph is true and correct. WITNESS my hand and official seal. Signature INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Langua Type of Satisfactory Evidenc Personally Knowyes) h Paper Identification Paper Identificat Credible Witnes Capacity(ies) claime by Signer(s): Trustee Power of orney CEO/C /COO Presid t / Vice -President / Secretary / Treasurer Other Inforviiiation 7 dose name(s) is/are / executed the same s) on the instrument ed the instrument. of California that the foregoing (seal) Thumbprint of Signer Check here if no thumbprint or fingerprint is available. ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 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 San Bernardino On / '0� before me, Tina Downey, Notary Public , 7� (Here insert name and line of t e o ceq personally appeared James Scott Salandi who proved to me on the basis of satisfactory evidence to be the personN whose nameN is re subscribed to the within instrument and acknowledged to me that e she/they executed the same in hi her/their authorized capacity(Teq, and that by is her/their signatureK on the instrument the person, or the entity upon behalf of which the personKacted, 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 - r vDan a'Uarc • CCoun v _� E .Y-`=' �aniie•narcinoCDunty Corgi<sion; 2383319 CD r. Gxpii2S VCV 21. 2Ow;ae�� N ary ublic Signature 0 (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) O Attorney -in -Fact ❑ Trustee(s) ❑ Other Lu i , Version slot i www.Noiar iClasses.con-, $00-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California staltttes regarding notat7, wording and if needed. should be completed and attached to the document. Acknothredgents from other slates star be completed for clocuntents being sent to that slate so long as the wording does not require the California notary to violate California notary Irnv. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears mrithin his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/diey, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • 'rhe notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type orattached document, number of pages and date. v Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint James Scott Salandi, David Jacobson, Individually of Irvine, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the Authorizing By -Laws and Resolutions printed at the bottom of this page, duly adopted, as indicated, by the shareholders ofthe corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 30th day of January, 2024. �E...... WESTERN SURETY COMPANY wQ.` Q,QORq'` o rid '�w�TH DP ap State of South Dakota Larry Kasten, Vice President 1 County of Minnehaha I ss On this 30th day of January, 2024, before me personally came Larry Kasten, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. a,+.\.....\\.\\\\..\\\.a My commission expires f M. BENT NOTARY PUBLIC March 2, 2026 iaSOUTH OAKOTA c i . a\.,\►\\\\\\\h\\\\\\\\\\\ a M. Bent, Notary Public CERTIFICATE 1, Paula Kolsrud, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that tht: By -I t wand Resolutions of the corporation Tinted belo this certificate are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this f/Aday of 7/iJ ErY�o WESTERN SURETY COMPANY cWi ,o .... ws ppiti Paula Kolsrud, Assistant Secretary Authorizing By -Laws and Resolutions ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attomey is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attomey, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Factor agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. This Power of Attomey is signed by Larry Kasten, Vice President, who has been authorized pursuant to the above Bylaw to execute power of attomeys on behalf of Western Surety Company. This Power ofAttomey may be signed by digital signature and sealed by a digital or otherwise electronic -formatted corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27i6 day of April, 2022: "RESOLVED: That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or otherwise electronic -formatted corporate seal, each to be considered the act and deed of the Company. - Go to www.cnasuretY.com > Owner / Obligee Services > Validate Bond Coverage, ifyou want to verify bond authenticity. Form F4280-6 2023 City of Newport Beach BALBOA BOULEVARD, NEWPORT BOULEVARD AND 32ND STREET PAVEMENT REHABILITATION Contract No. 8833-2 DESIGNATION OF SUBCONTRACTOR(S) -AFFIDAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include DIR registration numbers for each subcontractor. R.J. NOBLE COMPANY Bidder 9 x A< Autho +zed,S' na e/Title JACOB : LOVE, SECRETARY City of Newport Beach BALBOA BOULEVARD, NEWPORT BOULEVARD AND 32"D STREET PAVEMENT REHABILITATION Contract No. 8833-2 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name R.J. NOBLE COMPANY FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON -RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $150,000, provide the following information: No. 1 PAVEMENT REHABILITATION PfOJECt Name/hlUmbefCAMINOCAPISTRANOREHABILITATIONCIP 19102 Project Description PAVEMENT REHABILITATION Approximate Construction Dates: From Io/2022 To: 09/2023 Agency Name CITY OF SAN JUAN CAPISTRANO Contact Person PAULMESHKIN Telephone ( ) 949-443-6350 Original Contract Amount $ 1,311,188.32 Final Contract Amount $ 9'443,383'69 If final amount is different from original, please explain (change orders, extra work, etc.) CHANGE ORDERS Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 N OVARIOUS STREET No. 2 . 2 t Name/Number REHABILITATION 2022, VARIOUS LOCATION THROUGHOUT THE CITY OF GARDEN GROVE. ProjeSTREET REHABILITATION Project Description Approximate Construction Dates: From 09!1022 To: 0712023 Agency Name CITY OF GARDEN GROVE Contact Person NICKI-ISIEH Telephone (714) 741-5190 Original Contract Amount $ 1,971,340.00 Final Contract Amount $ 5,115,253.71 If final amount is different from original, please explain (change orders, extra work, etc.) CHANGE ORDERS Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NA No. 3 PAVEMENT REHABILITATION OVERLAY & RECONSTRUCTION PROJECT NO 50048 Project Name/Number Project Description PAVEMENT REHABILITATION OVERLAY & RECONSTRUCTION Approximate Construction Dates, From 02/2022 To: 04/2023 Agency Name CITY OF PICO RIVERA Contact Person GERALD MONTGOMERY Telephone ( 162) 801-4350 Original Contract Amount $8,811,145.00 Final Contract Amount $ 1,003,616.61 If final amount is different from original, please explain (change orders, extra work, etc.) EXTRA WORK Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. XO 11 i No. 4 MAJOR & COLLECTOR STREET PAVING FY 22 VARIOUS LOCATIONS IN THE CITY OF LAKEWOOD Project Name/Number Project Description sTRFET PAVING 03/2022 0212023 Approximate Construction Dates: From To: Agency Name CITY OF LAKEWOOD MAX WITHROW 866-9771 Contact Person Telephone Original Contract Amount $ 4,455,840.00 Final Contract Amount $ 4,7I097E.74 If final amount is different from original, please explain (change orders, extra work, etc.) EXTRA WORK Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 PROIF.(:I- ID NO. RMD4408002 SOUTH WHITTIER SUNSHINE ACRES-LELAND AVENUE, El' AL Project Name/Number ASPHALT PAVING Project Description Approximate Construction Dates: From I0i2022 To: 09i2023 Agency Name COUNTY OFLOSANGELES Contact Person AARONMIANK Telephone (''') 720-9535 Original Contract Amount $1,682.218.86 Final Contract Amount $ 6,nI,197.68 If final amount is different from original, please explain (change orders, extra work, etc.) %W- Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 12 No. 6 Project Name/Number CITYWIDE PAVEMENT REHABILITATION PROGRAM 22/23 ARTERIAL & COLLECTOR STREETS PH 2 8010097 CITYWIDE PAVEMENT REHABILITATION Project Description Approximate Construction Dates: From 12/2022 To: 10/2023 CITY OF MORENO VALLEY Agency Name Contact Person CE IRIS A VOGT Telephone( 95) 616-4925 Original Contract Amount $ 18,772,997.50Final Contract Amount $ 18,970,610.86 If final amount is different from original, please explain (change orders, extra work, etc.) EXTRA WORK Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. R.J. NOBLE COMPANY Bidder 13 R.1. NoBLE Steve Mendoza 15505 E. Lincoln Ave. Orange, CA 92865 Office: (714) 637-1550 Cell: (714) 335-7214 Email: stevemendoza@rjnoblecompany.com EXPERIENCE Chief Estimator/Vice President R.J.Noble Company, Orange, CA, 2005 - Current - Oversees Bidding Operations for 4 Estimators - In Charge of a 20 million dollar monthly bid schedule Estimator R.J.Noble Company, Orange, CA, 1995-2005 Field Superintendent R.J.Noble Company, Orange, CA, 1992-1995 - Planned, directed, and managed designated projects - Ensured that objectives were accomplished in accordance with outlined priorities - Oversee daily job operations for multiple projects Foreman R.J.Noble Company, Orange, CA, 1990-1992 - Delegated responsibilities and designed time schedules - Order material & equipment on a daily basis Operating Engineers R.J.Noble Company, Orange, CA, 1985-1990 RECENT ACCOMPLISHMENTS Recently Completed Projects - CITY OF ANAHEIM 7 MILLION RESIDENTIAL STREET IMPTS - CITY OF IRVINE ANNIUAL STREET REHABILITATION 7 MILLION CITY OF TUSTIN TUSTIN LEGACY $11.3 MILLION NEIGHBORHOOD CITY OF HUNTINGTON BEACH $2.6 MILLION ZONE 5 RESIDENTIAL OVERLAY RANCHO MISSION VIEJO $23 MILLION LOS PATRONES PARKWAY IMPTS K 6�011 R.I. NOR P'E Chuck Spiers 15505 E. Lincoln Ave. Orange, CA 92865 Office: (714) 637-1550 Email: chuckspiers@rjnoblecompanZr.com EXPERIENCE General Superintendent R.J.Noble Company, Orange, CA, 2003 - Current - Plan, direct, and manage designated projects - Ensure that objectives are accomplished in accordance with outlined priorities - Oversee daily job operations for multiple projects Foreman R.J.Noble Company, Orange, CA, 2000 - 2003 - Delegate responsibilities and designed time schedules - Order material & equipment on a daily basis Operator Matich Corp., San Bernardino, CA 1989-2000 EDUCATION High School - Hemet High School, Class of 1988 PROFESSIONAL - CPR Certified, Expires 01/2018 TRAINING & CERTS - Fundamentals of Successful Project Management, 02/2014 RECENT ACCOMPLISHMENTS Recently Completed Projects for RJ Noble - City of Huntington Beach Argosy, Yorktown & 6th St. - City of Irvine Street Rehab - City of Huntington Beach Main, Talbert & Heil - Port of Long Beach Pier F Cutoff Wall Dec-15 Contract Amount: $1,800,000 Oct-15 Contract Amount : $5.1 million Feb-17 Contract Amount: $2.6 million Sep-16 Contract Amount: $4 million City of Newport Beach BALBOA BOULEVARD, NEWPORT BOULEVARD AND 32ND STREET PAVEMENT REHABILITATION Contract No. 8833-2 NON -COLLUSION AFFIDAVIT State of California ) ss. County of ORANGE t IACIB BREEDLOVE being first duly sworn, deposes and says that he or she is SECRETARY of R.J. NOBIT COMPANY , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of Californi ache foregoing is true and correct. R.J. NOBLE COMPANY X Bidder Authoriz o SI natu %Title JACOB BREEDLOVE, SECRETARY I Subscribed and sworn to (or affirmed) before me on this NI) day of MAY , 2024 by JACOB BREEDLOVE , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. x U&� Notary Pu I J. DEIONCH [SEAL] My Commission Expires: I0/28/2027 I DEIONGH Notary Public - California *my Orange County Commission ; 2468114 Comm, Expires Oct 28, 2027 14 City of Newport Beach BALBOA BOULEVARD, NEWPORT BOULEVARD AND 32ND STREET PAVEMENT REHABILITATION Contract No. 8833-2 DESIGNATION OF SURETIES Bidder's name R.J. NOBLE COMPANY Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): WESTERN SURETY COMPANY 2 PARK PLAZA SUITE 400, IRVINE, CA 92614 SCOTT SAI ANDI 949-486-7917 PATRIOT RISK & INSURANCE SERVICES 18952 MACARTHUR BLVD STE 300, IRVINE, CA 92612 LAURIE SYLVESTER 949-486-7900 15 City of Newport Beach 30A BOULEVARD, NEWPORT BOULEVARD 32ND STREET PAVEMENT REHABILITATION Contract No. 8833-2 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name IZ.1. NOBLE COMPANY Record Last Five (5) Full Years Year of Record Record Record Record Record Record for for for for for 2024 2023 2022 2021 2020 2019 Total No. of contracts _ , ,,; - 4, 70 Total dollar Amount of S24MILLION $145.4 $137.4 $71.3 $93.5 S81.5 >; Contracts (in Thousands of $ MILLION MILLION MILLION MILLION MILLION ` I P)N No. of fatalities NONE------- ---------------- ---- -------- _.----------------- ---------------- ---------------- ---NONF. No. of lost Workday Cases NONE ------ --------------- -- - --- ----- - ------- ---- ---------------- ----NONE No. of lost workday cases involving permanent NONE ------- ---- - --- ---NONE transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. W. Legal Business Name of Bidder Business Address: Business Tel. No.: St to Contractor's License No and R.J. NOBLE COMPANY 15505 E. LINCOLN AVE., ORANGE, CA 92865 714-637-1550 CA 782908 Classification: CLASS A & C12 Title X IACOB BREEDLOVE, SECRETARY The above information was compiled from the r c ds at are available to me at this time and I declare under penalty of perjury that the mation is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 CALIFORNIA 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 1 County of ORANGE J} On 05/02/2024 Date personally appeared before me, J. DEIONGH, NOTARY PUBLIC Here Insert Name and Title of the Officer STEVEN L. MENDOZA NomeX) of Signer(4 who proved to me on the basis of satisfactory evidence to be the person(g) whose name(fq is/&e subscribed to the within instrument and acknowledged to me that heAXM74y executed the same in histpitfteix authorized capacityM and that by hisg##AW signature(x) on the instrument the person(s), or the entity upon behalf of which the person(g) acted, executed the instrument. J. DEION6H Notary Public •California Orange County Commission # 2468114 My Comm. Expires Oct 28, 2027 r Place Notary Seal and/or Stomp 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 a Z gnature of Notary Public Ur 11UNAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 4c)2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notarypublic 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 05/02/2024 On Date personally appeared before me, JACOB BREEDLOVE J. DEIONGH, NOTARY PUBLIC Here Insert Name and Title of the Officer Nome(t) of Signer(4 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(19 is/M subscribed to the within instrument and acknowledged to me that heAM&My executed the same in his/±exLtixeix authorized capacity(/, and that by hisl+NWsignature(a) on the instrument the person(&), or the entity upon behalf of which the person(2Q acted, executed the instrument. o------ y J. DEIONGH Notary Public - California _-3- Orange County y l Commission; 2468114 \� My Comm. Expires Oct 28, 2027 Place Notary Seal and/or Stamp 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 S nature of Notary Public VI' 11UNAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: I2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: City of Newport Beach BALBOA BOULEVARD, NEWPORT BOULEVARD AND 32ND STREET PAVEMENT REHABILITATION Contract No. 8833-2 ACKNOWLEDGEMENT OF ADDENDA Bidder's name R.J. NOBLE COMPANY The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 18 City of Newport Beach BALBOA BOULEVARD, NEWPORT BOULEVARD AND 32ND STREET PAVEMENT REHABILITATION Contract No. 8833-2 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Business Address: 15505 E. LINCOLN AVE., ORANGE, CA 92865 Telephone and Fax Number: 714-637-1550/714-637-6321 R.J. NOBLE COMPANY California State Contractor's License NO. and Class: 782908 CLASS A& C-12 (REQUIRED AT TIME OF AWARD) Original Date Issued: "� �""" Expiration Date: 08/31/2024 List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: JACOB BREEDLOVE, SECRETARY The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone R.J. NOBLE COMPANY A CALIFORNIA CORPORATION 15505 E. LINCOLN AVE., ORANGE, CA 92865 714-637-1550 AUSTIN M. CARVER, PRESIDENT 15505 E. LINCOLN AVE., ORANGE, CA 92865 714-637-1550 STEVEN L. MENDOZA, VICE PRESIDENT 15505 E. LINCOLN AVE., ORANGE, CA 92865 714-637-1550 JACOB BREEDLOVE, SECRETARY 15505 E. LINCOLN AVE., ORANGE, CA 92865 714-637-1550 JAMES N. DUCOTE, C.F.O. 15505 E. LINCOLN AVE., ORANGE, CA 92865 714-637-1550 Corporation organized under the laws of the State of CALIFORNIA 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: NONE All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: N/A For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. Have you ever failed to complete a project? If so, explain. NO For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor co liance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / to Are any claims or actions unresolved or outstanding? Yes No If yes to any of the above, explain. (Attach additional sheets, if necessary) N/A Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive. R.J. NOBLE COMPANY Bidder Gl�l►yIYV��1[LZCIS (Print name of Owner or President of Corporation mpany) X Authoriz d Alkturdftitle JACOB LOVE, SECRETARY Title 05/02/2024 Date On 05/02/2024 before me, J. DEIONGH , Notary Public, personally appeared jACOB BR''E=VE , who proved to me on the basis of satisfactory evidence to be the personM whose name0o is/Aksubscribed to the within instrument and acknowledged to me that he/tt13i:Df nexecuted the same in his/ter authorized capacity(►MN, and that by his/)W( f'1XIKsignature(K) on the instrument the person(N, or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. X (NI (SEAL) Not I in and for said State J. DEIONGH My Commission Expires: 10/28/2027 21 ogz4 J. DEIONGH Notary Public - CaliforniaOrange CountyCommission # 2468114 y Comm. Expires Oct 28, 2027 City of Newport Beach UNTro 32ND STREET PAVEMENT REHABILITATION Contract No. 8833-2 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: o CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS e LABOR AND MATERIALS PAYMENT BOND ® FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 City of Newport Beach Contract No. 8833-2 SAMPLE CITY CONTRACT 23 City of Newport Beach Page I of 4 BALBOA BOULEVARD, NEWPORT BOULEVARD AND 32ND STREET PAVEMENT REHABILITATION (8833-2), bidding on 05IO2/2024 10:00 AM (PDT) Printed 05/02/2024 Bid Results Bidder Details Vendor Name R.J. Noble Company Address 15505 E. LINCOLN AVENUE ORANGE, California 92865 United States Respondee Jennifer De longh Respondee Title CONTRACT ADMINISTRATOR Phone 714-637-1550 Email jenniferdeiongh@rjnoblecompany.com Vendor Type CADIR License # 782908 CADIR 1000004235 Bid Detail Bid Format Electronic Submitted 05/02/2024 9:49 AM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 372897 Respondee Cornment Buyer Comment Attachments File Title File Name File Type BID SUBMITTAL C-8833-2 RJ NOBLE COMPANY.pdf BID SUBMITTAL C-8833-2 RJ NOBLE COMPANY.pdf General Attachment Bid bond C-8833-2 RJ NOBLE CO.pdf Bid bond C-8833-2 RJ NOBLE CO.pdf Bid Bond Bid bond C-8833-2 RJ NOBLE CO.pdf Bid bond C-8833-2 RJ NOBLE CO.pdf Bid Bond PlanetBids City of Newpod Beach Page 2 of 4 BALBOA BOULEVARD, NEWPORT BOULEVARD AND 32ND STREET PAVEMENT REHABILITATION (8833-2), bidding on 05/02/2024 10:00 AM (PDT) Primed 05/02J2024 Subcontractors Showing 4 Subcontractors Name &Address Desc License Num CADIR Amount Type California Professional Engineering, electrical / loops 793907 1000377609 $235,667.00 MBE, DBE, FSD, DGS 19062 San Jose Ave La Puente, California 91748 Case Land Surveying survey 5411 1000001533 $190,600.00 614 N. Eckhoff Street Orange, California 92868 Nobest Inc. concrete 356922 1000011529 $339,360.00 CADIR 7600 Acacia Ave Garden Grove, California 92841 Superior Pavement Markings striping 776306 1000001476 $280,765.00 5312 Cypress Street Cypress, California 90630 PlanelBids City of Newport Beach BALBOA BOULEVARD, NEWPORT BOULEVARD AND 32ND STREET PAVEMENT REHABILITATION (8833-2), bidding on 05/02/2024 10:00 AM (PDT) Page 3 of 4 Printed 05/02/2024 Line Items Discount Terms No Discount Item N Item Code Type Item Description Imparted Items 1 1 Mobilization, Demobilization and Cleanup 2 2 Traffic Control 3 3 Surveying, Staking and Monument Preservation 4 4 Cold Mill Maximum 3-inches Thick Asphalt Concrete Pavement 5 5 Construct 1-Inch Thick Minimum Asphalt Concrete Leveling Course 6 6 Construct 2-Inch Thick ARHM Pavement Finish Course 7 7 Construct 1-Inch Thick Minimum ARHM Pavement Leveling Course 8 8 Construct 1.5-Inch Thick ARHM Pavement Finish Course 9 9 Remove 6 Inches of Existing Pavement and Base to Install a Minimum 6 Inches Full Depth AC Pavement 10 10 Remove 8 Inches of Existing Pavement and Base to Install a Minimum 8 Inches Full Depth AC Pavement 11 11 Remove and Reconstruct PCC Curb Access Ramp 12 12 Remove and Reconstruct 4-Inch Thick PCC Sidewalk 13 13 Remove Existing and Install 2-fool Wide by 1-foot Deep Full Depth AC 14 14 Remove Existing and Install New Sewer Cleanout Box and Cover to Grade 15 15 Adjust Sewer Manhole Frame and Cover 16 16 Adjust OCSD Sewer Manhole Frame and Cover 17 17 Remove Existing and Install New Water Valve Box and Cover to Grade 18 18 Adjust Storm Drain Manhole Frame and Cover to Grade 19 19 Remove and Reconstruct 8-Inch Thick PCC Cross Gutter 20 20 Remove and Install New Electrical Pull Box to Grade 21 21 Signing and Striping 22 22 Furnish and Install Traffic Signal Loop Detectors 23 23 Remove and Relocate New Electrical Pull Box to Grade 24 24 Remove and Relocate Existing Street Light to Grade 25 25 Remove Existing Type "A" PCC Curb and Gutter 26 26 Remove and Reconstruct PCC Commercial Driveway Approach (Type 1) 27 27 Remove and Reconstruct PCC Commercial Driveway Approach (Type II) 28 28 Construct Type "A" PCC Curb and Gutter 29 29 Remove Concrete Pavement and Subgrade 30 30 Construct 6-Inch Thick Crushed Miscellaneous Base 31 31 Construct 8-inch Thick Concrete Pavement 32 32 Crosswalk Enhancements at West Balboa Boulevard at 13th Street/14th Street 33 33 Provide As -Built Plans UOM CITY Unit Price Line Total Response Comment S5,119,060.00 LS 1 S230,000.00 $230,000.00 Yes LS 1 $175,000.00 S175,000.00 Yes LS 1 $210,000.00 $210,000.00 Yes SF 781400 $0.67 S523,538.00 Yes TON 3600 $158.00 $568,800.00 Yes TON 7100 $160.00 S1,136,000.00 Yes TON 1200 S165.00 $198.000.00 Yes TON 1800 $160.00 S288,000.00 Yes SF 30700 $10.50 $322,350.00 Yes SF 14900 $14.00 $208.600.00 Yes EA 38 S5,200.00 $197,600.00 Yes SF 1500 $12.00 $18,000.00 Yes SF 1600 $44.00 S70,400.00 Yes EA 1 $1,250.00 S1,250.00 Yes EA 17 $1,125.00 S19,125.00 Yes EA 11 $3,500.00 S38,500.00 Yes EA 122 $1,400.00 9170,800.00 Yes EA 26 $1,125.00 $29,250.00 Yes SF 2300 $38.50 S88,550.00 Yes EA 4 $1,848.00 $7,392.00 Yes LS 1 $305,000.00 S305,000.00 Yes EA 119 $450.00 $53,550.00 Yes EA 1 $5,500.00 $5,500.00 Yes EA 1 $8,800-00 SB,800.00 Yes LF 120 $44.00 S5,280.00 Yes SF 50 $24.00 S1,200.00 Yes SF 50 $24.00 $1,200.00 Yes LF 150 $53.00 $7,950.00 Yes SF 2000 $12.00 $24,000.00 Yes TON 11 $175.00 $1,925.00 Yes SF 700 $15.00 $10,500.00 Yes LS 1 $188,000.00 $188,000.00 Yes LS 1 S5,000.00 $5,000.00 Yes PlanetBids City of Newport Beach Page 4 of 4 BALBOA BOULEVARD, NEWPORT BOULEVARD AND 32ND STREET PAVEMENT REHABILITATION (8833-2), bidding on 05/02/2024 10:00 AM (PDT) Primed 05/02/2024 Line Item Subtotals Section Title Imported Items Grand Total Line Total $5,119,060.00 $5,119,060.00 PlanetBids BALBOA BOULEVARD, NEWPORT BOULEVARD AND 32ND STREET PAVEMENT REHABILITATION CONTRACT NO. 8833-2 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 28th day of May, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and R.J. NOBLE COMPANY, a California corporation ("Contractor"), whose address is 15505 East Lincoln Avenue, Orange, CA 92865, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of, but is not limited to: (1) distributing construction notices to affected residents and businesses; (2) placing "Temporary Tow -Away No Parking" signs and setting up traffic control; (3) construction surveying, staking, and monument preservation; (4) implementing BMPs in work areas; (5) cold milling and overlaying existing pavement; (6) removing existing asphalt and constructing full depth asphalt concrete digouts; (7) removing existing curb and gutter, sidewalk, curb access ramps, commercial driveway approaches, and cross gutters; (8) constructing curb and gutter, sidewalk, curb access ramps, commercial driveway approaches, full -depth AC slot patches, and cross gutters; (9) installing traffic striping, signing, sign posts, and pavement markings; (10) coordinating with outside utility owners to have their facilities adjusted to grade; (11) removing existing hardscaping and pavement as needed for contract work; (12) removing and relocating existing street lights; (13) installing signal loop detectors; (14) adjusting manholes, valve boxes, and pullboxes to grade; (15) removing and relocating bollards; (16) removing existing and installing new cleanout and water valve boxes to grade; (17) installing new traffic poles with foundation; (16) installing conduits; (18) installing new City - furnished poles on the new foundation with LED signs and APS pedestrian push button assembly; (19) removing existing median pole/flashing beacons and its foundation and installing new City light standard pole; (20) installing pole mounted cabinets with sign controllers; (21) removing, relocating, and installing new pull boxes, (22) installing conductors/cables in conduit; (23) installing conduits into existing pull boxes; and (24) other incidentals items to be completed in work places required by the Plans and Specifications (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 8833-2, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Five Million One Hundred Nineteen Thousand Sixty Dollars ($5,119,060.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. R.J. Noble company Page 2 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Ryan Overman to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. R.J. Noble company Page 3 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Director of Public Works City of Newport Beach Public Works Department 100 Civic Center Drive Newport Beach, CA 92660 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Ryan Overman R.J. Noble Company 15505 E Lincoln Ave Orange, CA 92865 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. R.J. Noble company Page 4 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES 14.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Contract shall be paid to all workmen employed on the Work to be done according to the Contract by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of R.J. Noble company Page 5 workman or mechanic needed to execute the Contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774 and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations, and the parties agree that the City shall not be liable for any violation thereof. 14.2 If both the Davis -Bacon Act and State of California prevailing wage laws apply and the federal and state prevailing rate of per diem wages differ, Contractor and subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per diem wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive, Newport Beach, California 92660, and are available to any interested party on request. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), R.J. Noble company Page 6 demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. R.J. Noble company Page 7 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, R.J. Noble company Page 8 county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the R.J. Noble company Page 9 local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] R.J. Noble company Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: A on C. Harp ms dit Attorney ATTEST: Date: a 1 �1 �r .:: A , Leilani I. , City Clerk i CITY OF NEWPORT BEACH, a California municipal corporation Date: -'�z8/oz y By: Will O'Neill Mayor CONTRACTOR: R.J. NOBLE COMPANY, a California corporation Date: By: Signed in Counterpart Steven Mendoza Vice President Date: By: Jacob Breedlove Secretary Signed in Counterpart [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements R.J. Noble company Page 11 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 29/2 `C B Y� a on C. Harp nIS Ci y Attorney S�9/a ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Will O'Neill Mayor CONTRACTOR: R.J. NOBLE COMPANY, a California corporation Date: 05/09/2024 By: X 4�° Steven Mier doz Vice President 05/09/2024 Date: By: J c [END OF SIGNA Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements R.J. Noble company Page 11 CALIFORNIA 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 1 County of ORANGE J} On 05/09/2024 Date personally appeared before me, J. DEIONGH, NOTARY PUBLIC Here Insert Name and Title of the Officer STEVEN L. MENDOZA Name(S) of Signer(4 who proved to me on the basis of satisfactory evidence to be the person(S) whose name( i0M subscribed to the within instrument and acknowledged to me that hey executed the same in hisx authorized capacityM and that by hisXWXXK4W signature( on the instrument the person(s), or the entity upon behalf of which the person(t) acted, executed the instrument. J. DEIONGH Notary Public - California s s Orange County r 60 Commission # 2468114 My Comm. Expires Oct 28, 2027 r Place Notary Seal and/or Stamp 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. x Signature Sig ature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 0c2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 - r s r xe°y;•kr,. r.�_ia: :i., tea_ C•zr••�•:i�. _� ._s a •,i�.'u a �.?$r 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 05/09/2024 On Date personally appeared before me, JACOB BREEDLOVE J. DEIONGH, NOTARY PUBLIC Here Insert Name and Title of the Officer Nomej%) of Signer(X who proved to me on the basis of satisfactory evidence to be the person(t) whose name(N is/M subscribed to the within instrument and acknowledged to me that heAMW&AMy executed the same in hisAxx/Xl:xWx authorized capacitym and that by hisAIVOW x signature(s) on the instrument the person(%), or the entity upon behalf of which the person(s) acted, executed the instrument. J. DEIONGH := Notary Public - California Orange County r a w Commission ; 2468114 as My Comm. Expires Oct 28. 2027 Place Notary Seal and/or Stamp 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. x Signature Si nature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: G2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: EXHIBIT A Executed in Duplicate CITY OF NEWPORT BEACH BOND NO. 30216032 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to R.J. Noble company hereinafter designated as the "Principal," a contract for: the work necessary for the completion of this contract consists of, but is not limited to: (1) distributing construction notices to affected residents and businesses; (2) placing "Temporary Tow -Away No Parking" signs and setting up traffic control; (3) construction surveying, staking, and monument preservation; (4) implementing BMPs in work areas; (5) cold milling and overlaying existing pavement; (6) removing existing asphalt and constructing full depth asphalt concrete digouts; (7) removing existing curb and gutter, sidewalk, curb access ramps, commercial driveway approaches, and cross gutters; (8) constructing curb and gutter, sidewalk, curb access ramps, commercial driveway approaches, full -depth AC slot patches, and cross gutters; (9) installing traffic striping, signing, sign posts, and pavement markings; (10) coordinating with outside utility owners to have their facilities adjusted to grade; (11) removing existing hardscaping and pavement as needed for contract work; (12) removing and relocating existing street lights; (13) installing signal loop detectors; (14) adjusting manholes, valve boxes, and pullboxes to grade; (15) removing and relocating bollards; (16) removing existing and installing new cleanout and water valve boxes to grade; (17) installing new traffic poles with foundation; (16) installing conduits; (18) installing new City -furnished poles on the new foundation with LED signs and APS pedestrian push button assembly; (19) removing existing median pole/flashing beacons and its foundation and installing new City light standard pole; (20) installing pole mounted cabinets with sign controllers; (21) removing, relocating, and installing new pull boxes; (22) installing conductors/cables in conduit; (23) installing conduits into existing pull boxes; and (24) other incidentals items to be completed in work places required by the Plans and Specifications, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Western Surety Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Five Million One Hundred Nineteen Thousand Sixty Dollars ($5,119,060.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment R.J. Noble company Page A-1 well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. [SIGNATURES ON NEXT PAGE] R.J. Noble company Page A-2 IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the loth day of May , 20 24 . R.J. NOBLE COMPANY Name of Contractor (Principal) Western Surety Company Name of Surety 2 Park Plaza, Suite 400 Irvine CA 92614 Address of Surety 949-399-4970 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: -� 1y /2'i By: Majon C. Harp s/ t Attorney y/Zy X Authorize Sig - Ature/-ritle STEVEN L. NDOZA, VICE PRESIDENT e Agent Signature James Scott Salandi, Attorney -in -fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED R.J. Noble company Page A-3 CALIFORNIA 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 05/13/2024 Date personally appeared _ before me, J. DEIONGH, NOTARY PUBLIC Here Insert Name and Title of the Officer STEVEN L. MENDOZA NameN) of Signer(4 who proved to me on the basis of satisfactory evidence to be the person(g) whose name(lo i0M subscribed to the within instrument and acknowledged to me that heX1 tU7&y executed the same in his/±mxt&Ax authorized capacityM and that by hisA�GXsignature(10 on the instrument the person(s), or the entity upon behalf of which the person(l) acted, executed the instrument. J. DEIONGH ca - Notary Public - California = z, -= Orange County i; Commission " 24b8114 My Comm, Explres Oct 28, 2027 + Place Notary Seal and/or Stamp 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. x -- Signature ` Signature of Notary Public yr i w11qr►L- Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: (:c)2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — ❑ Partner — ❑ Limite ❑ Individual ❑ Trustee ❑ Other: Signer is Representing d Title(s): ❑ General ❑ Attorney in Fact ❑ Guardian or Conservator ACKNOWLEDGMENT 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 I ss. On , 20 before me, Notary Public, personally appeared 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 signatures(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 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT 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 } ss. On .20 before me, Notary Public, personally appeared 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 signatures(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 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) R.J. Noble company Page A-4 ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 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 San Bernardino On l before me, Tina Downey, Notary Public (here insert name and We of the officer) personally appeared James Scott Salandi , who proved to me on the basis of satisfactory evidence to be the personN whose nameN is re subscribed to the within instrument and acknowledged to me that e she/they executed the same in hi her/their authorized capacity0eq, and that by Us her/their signatureKon the instrument the person, or the entity upon behalf of which the personKacted, 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. TINA DC NEY ^ yF -, Notary Pubiic . California z — <_ _ San bernarcino County > Comrnission ; 2381319 v Comm. Expires `tov 21. 2025 N ary ublic Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) Attorney -in -Fact ❑ Trustee(s) ❑ Other I_.,,:_,.. lam_„ — �c / J wcl atuu VJvUd.iVOfdry'%la�aOS.cuiir o U-UI J-�000 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary hording and. if needed. should be completed and attached to the document. Acknolwedgents from other states may be completed./a- documents being sent to that state so long as the wording does not require the California notmy to violate California notaly lalo. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/tiey- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the si red document with a staple. Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint James Scott Salandi, David Jacobson, Individually of Irvine, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the Authorizing By -Laws and Resolutions printed at the bottom of this page, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 30th day of January, 2024. �SURET'�, WESTERN SURETY COMPANY 0 =Nisi �'y 3W: .Zx �jl/ Dp1F Larry Kasten, Vice President State of South Dakota 1 ss County of Minnehaha J On this 30th day of January, 2024, before me personally came Larry Kasten, tome known, who, being by me duly sworn, did depose and say that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. ++asreaya5esee.a55et,,awa + My commission expires ; M. BENT t SFei SOPUBLICS t II March 2, 202E fc SOUTHUTH DAKOTAj + M. Bent, Notary Public CERTIFICATE 1, Paula Kolsrud, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law and Resolutions of the corporation printed below this certificate are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation thisr of L WESTERN SURETY COMPANY =_'H O�PORRl��w- Paula Kolsrud, Assistant Secretary Authorizing By -Laws and Resolutions ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power ofAttorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. This Power of Attomey is signed by Larry Kasten, Vice President, who has been authorized pursuant to the above Bylaw to execute power of attorneys on behalf of Westem Surety Company. This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic -formatted corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 271 day of April, 2022: "RESOLVED: That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or otherwise electronic -formatted corporate seal, each to be considered the act and deed of the Company." Go to www.cnasure�,.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Form F4280-6-2023 EXHIBIT B Executed in Duplicate CITY OF NEWPORT BEACH BOND NO. 30216032 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ N/A , being at the rate of $ N/A thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to R.J. Noble company hereinafter designated as the "Principal," a contract for: the work necessary for the completion of this contract consists of, but is not limited to: (1) distributing construction notices to affected residents and businesses; (2) placing "Temporary Tow -Away No Parking" signs and setting up traffic control; (3) construction surveying, staking, and monument preservation; (4) implementing BMPs in work areas; (5) cold milling and overlaying existing pavement; (6) removing existing asphalt and constructing full depth asphalt concrete digouts; (7) removing existing curb and gutter, sidewalk, curb access ramps, commercial driveway approaches, and cross gutters; (8) constructing curb and gutter, sidewalk, curb access ramps, commercial driveway approaches, full -depth AC slot patches, and cross gutters; (9) installing traffic striping, signing, sign posts, and pavement markings; (10) coordinating with outside utility owners to have their facilities adjusted to grade; (11) removing existing hardscaping and pavement as needed for contract work; (12) removing and relocating existing street lights; (13) installing signal loop detectors; (14) adjusting manholes, valve boxes, and pullboxes to grade; (15) removing and relocating bollards; (16) removing existing and installing new cleanout and water valve boxes to grade; (17) installing new traffic poles with foundation; (16) installing conduits; (18) installing new City -furnished poles on the new foundation with LED signs and APS pedestrian push button assembly; (19) removing existing median pole/flashing beacons and its foundation and installing new City light standard pole; (20) installing pole mounted cabinets with sign controllers; (21) removing, relocating, and installing new pull boxes; (22) installing conductors/cables in conduit; (23) installing conduits into existing pull boxes; and (24) other incidentals items to be completed in work places required by the Plans and Specifications, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Western Surety .ompanl4 duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Five Million One Hundred Nineteen Thousand Sixty Dollars ($5,119,060.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. R.J. Noble company Page B-1 THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1 ) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. [SIGNATURES ON NEXT PAGE] R.J. Noble company Page B-2 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the loth day of May ,20 24 . R.J. NOBLE COMPANY Name of Contractor (Principal) Western Surety Company Name of Surety 2 Park Plaza, Suite 400 Irvine, CA 92614 Address of Surety 949-399-4970 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: VLP'o A n C. Harp Ci Attorney y�y x Authorizled Signkdre/Title STEVEN L. MENDOZA, VICE PRESIDENT gent Signature James Scott Salandi, Attorney -in -fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED R.J. Noble company Page B-3 CALIFORNIA 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 05/13/2024 Date personally appeared _ before me, J. DEIONGH, NOTARY PUBLIC Here Insert Name and Title of the Officer STEVEN L. MENDOZA NameO of Signer(4 who proved to me on the basis of satisfactory evidence to be the person(g) whose name( is/W subscribed to the within instrument and acknowledged to me that hei)&W MMy executed the same in his/Juex/Abretix authorized capacity(i , and that by hisAWPix x signature(x) on the instrument the person(s), or the entity upon behalf of which the person(S) acted, executed the instrument. z� '1= J. DEIONGH Notary public . California Orange County g Commission # 2468114 '7-� My Comm. Expires Oct 28, 2027 Place Notary Seal and/or Stamp 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. X Signature Q�� $i nature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ACKNOWLEDGMENT 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 } ss. On 20 before me, Notary Public, personally appeared 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 signatures(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 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT 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 � ss. On , 20 before me, Notary Public, personally appeared 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 signatures(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 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) R.J. Noble company Page B-4 ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 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 San Bernardino On o 2-V before me, Tina Downey, Notary Public l (Here insert name and title of the officer) personallyappearedJames Scott Salandi , who proved to me on the basis of satisfactory evidence to be the personN whose nameN is re subscribed to the within instrument and acknowledged to me that e she/they executed the same in�h Cher/their authorized capacity(IN, and that by i her/their signatureMon the instrument the person, or the entity upon behalf of which the personNacted, 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. r`G� of TINA COWNE'{ WITNESS my hand and official seal. ,_. Notary Pl_i - Ca:irorva _ I San 6ernarcino COLnty �_._ . A. >` Commission ' 238331925 MV Comm. Expires 4ov 21. 20 N ary ublic Signature (Notary Public Sea[) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) 0 Attorney -in -Fact p Trustee(s) ❑ Other �J i .. ;;f JIVI-I \l'VY'll.lVVLtlIS'lild JACJ.I.'Jllt UVU-V I J-iUVJ INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, ifneeded. shordd be completed and attached to the document. Aclmolmvedgenis from other states may be conmpleted,for documents being sent to that state so long as the hording does not require the California notary to violate California notary lau,. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). 9 Securely attach this document to the signed document with a staple. EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary excess/umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products - completed operations, personal and advertising injury, and liability assumed R.J. Noble company Page C-1 under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. D. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this contract, then said policies shall be "following form" of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this contract, including, but not limited to, the additional insured and primary & non-contributory insurance requirements stated herein. No insurance policies maintained by the City, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor's primary and excess/umbrella liability policies are exhausted. E. Pollution Liability Insurance. Contractor shall maintain a policy providing contractor's pollution liability ("CPL") coverage with a total limit of liability of no less than $5,000,000 per loss and $5,000,000 in the aggregate per policy period. Claims -made policies require a 10-year extended reporting period. The CPL policy shall include coverage for cleanup costs, third -party bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by contracting operations. Coverage as required in this paragraph shall apply to sudden and non -sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL shall also provide coverage for transportation and off -Site disposal of materials. The policy shall not contain any provision or exclusion (including any so-called "insured versus insured" exclusion or "cross -liability" exclusion) the effect of which would be to prevent, bar, or otherwise preclude any insured or additional insured under the policy from making a claim which would otherwise be covered by such policy on the grounds that the claim is brought by an insured or additional insured against an insured or additional insured under the policy. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: R.J. Noble company Page C-2 A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees, or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess/umbrella liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as additional insureds under such policies. C. Primary and Non -Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its City Council, boards and commissions, officers, agents, volunteers and employees. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of R.J. Noble company Page C-3 written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit C are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. R.J. Noble company Page C-4 G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the Work. R.J. Noble company Page C-5 / / } ) / « i )di ; E \ u c % t2 3 . . . . .\ k E �k / $ § CD :% z k\ 2 � k � kik 7 ; e , ) ' 2 \ § \ \ j w: 3 . § - « k \ ) 2 � � w 2 ) - k . 3 f $ i i ) [