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HomeMy WebLinkAboutC-8895-3 - Bristol Street North, Spyglass Hill Road, and Von Karman Avenue Pavement RehabilitationCITY 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 Before 4:00 PM on the 29th day of July , 2025. at which time such bids shall be opened and read for BRISTOL STREET NORTH, SPYGLASS HILL ROAD, AND VON KARMAN AVENUE PAVEMENT REHABILITATION Contract No. 8895-3 $5,100,000.00 Engineer's Estimate Approved by James M. Houlihan ,-Deputy PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: htt :llwww. lai>ietbids.cornl oilall octal-cfni?Com pan ylD=22078 Contractor License Ciassification(s) required for this project: "A" For further information, call Tyler Parr a, Project Manager at (949) 644-3347 Hard copy plans are available via Mouse Graphics at (949) 548-5571 659 W. 191h Street, Costa Mesa, CA 92627 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE hnns:JJwww newnonbeachca.gov/government)data-hublon_line-serviceslbids-rfns-vendor- registration City of Newport Beach BRISTOL STREET NORTH, SPYGLASS HILL ROAD, AND VON KARMAN AVENUE PAVEMENT REHABILITATION Contract No. 8895-3 TABLE OF CONTENTS NOTICE INVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS......................................................................................3 BIDDER'S BOND............................................................................................................6 DESIGNATION OF SUBCONTRACTOR(S)...................................................................9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................15 ACKNOWLEDGEMENT OF ADDENDA.......................................................................18 INFORMATION REQUIRED OF BIDDER.....................................................................19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 22 CONTRACT.................................................................................................................. 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 BRISTOL STREET NORTH, SPYGLASS HILL ROAD, AND VON KARMAN AVENUE PAVEMENT REHABILITATION Contract No. 8895-3 INSTRUCTIONS TO BIDDERS 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 SealedA Envelope before the bid opening) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information) to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RF ORDV INFORMATION REQUIRED OF BIDDER'✓ ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BIDV/ OPENING DATE (if any; Contractorshall confirm via PlanetBids) TECHNICAL ABILITY AND EXPE iENCE 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. 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. 2"11 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 before the Bid Opening. 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. 3 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. 8. 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)J. 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 penod. 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 reviewecif 782908 CLASS A & C 12 X Contractor's License No. & Classification Author d ignature/Title AUSr T . CARVER, PRESIDENT 1000004235 06/30/2028 DER Registration Number & Expiration Date R.J. NOBLE COMPANY Bidder 5 07/29/2025 Date Ci of Newport Beach BRISTOL STREET NORTH, SPYGLASS HILL ROAD, AND VON KARMAN AVENUE PAVEMENT REHABILITATION Contract No. 8895-3 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 secunties 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 Bidders 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 maybe made in these subcontractors except with pnor approval of the City of Newport Beach Bidders must also include DIR registration numbers for each subcontractor. R.J. NOBLE: COMPANY Bidder 0 X Al Authorize i nature/Tide AUSTIN CARVER, PRESIDENT City of Newport Beach BRISTOL STREET NORTH, SPYGLASS HILL ROAD, AND VON KARMAN AVENUE PAVEMENT REHABILITATION Contract No. 8895-3 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 Project Name/Number BANNING AVENUESTREET 1MPTS CC-1711 Project Description STREET IMPTS Approximate Construction Dates: From AUGUST 2023 Agency Name CITY OF HUNTINGTON BEACH To: APRIL 2024 Contact Person JOE FUENTES Telephone (714) 536-5259 Original Contract Amount $ ,,. ax".un.} 1loFinal Contract Amount $ g.}7.8:, If final amount is different from original. please explain (change orders. extra work. etc.) CHANGE ORDER 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 10 No. 2 Project Name/Number 2023/24 CDBG RESIDENTIAL REHABILITATION CP 1362023 Project Description RESIDENTIAL REHABILITATION Approximate Construction Dates: From AUGUST 2023 To. JUNE 2024 Agency Name CITY OF GARDEN GROVE Contact Person RAUL LEYVA Telephone (714) 741-5385 Original Contract Amount $1,213,454,00 Final Contract Amount $ 1,216,489.05 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 No. 3 REHABILITATION AND RESURFACING OF HEIL AVE Project Name/Number FROM EUCLID ST TO HARBOR BLVD & WARD STREET Protect Descnption REHABILITATION AND RESURFACING Approximate Construction Dates: From AUGUST 2023 To. JUNE 2024 Agency Name CITY OF FOUNTAIN VALLEY Contact Person FATANA TEMORY Telephone (714 �5 }-4433 Original Contract Amount' ,738,521.88 Final Contract Amount $ 1,808,373.06 If final amount is different from original. please explain (change orders extra work, etc.) CHANGE ORDER 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 11 No. 4 Project Name/Number LOCAL STREET PROGRAM ZONE 3 PROJECT NO. 7927.2 Project Description STREET IMPROVEMENTS Approximate Construction Dates: From SEPTEMBER 2023ro: MARCH 2O24 Agency Name CITY OF NORWALK Contact Person DELFINO "CHINO" CONSUJI Telephone (714) 686-8911 Original Contract Amount $ L,048>646.20Final Contract Amount $ 5,050,965.41 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 No. 6 Project Name/Number Project Description RESIDENTIAL STREET RESURFACING PROJECT 349 STREET RESURFACING Approximate Construction Dates: From MARCH 2O24 To: JUNE 2024 Agency Name CITY OF CYPRESS Contact Person KEVIN CHIN _. Telephone (714) 229-6759 Original Contract Amount $ i,097,650.r'Final Contract Amount $1,097,650.11 If final amount is different from original, please explain (change orders, extra work, etc.) NIA 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 12 No. 6 PAVEMENT REHABILITATION CAMINO CAPISTRANO Project Name/Number REHABILITATION CIP 19102 Project Description PAVEMENT REHABILITATION Approximate Construction Dates: From OCTOBER 2022 To: SEPTEMBER 2023 Agency Name CITY OF SAN JUAN CAPISTRANO Contact Person PAUL MESHKIN Telephone 049) 443-6350 Original Contract Amount $11,117,888,32 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. 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 X - I/ Authoriz nature/Tibe AUSTI .nRVER, PRESIDENT KR:-.1. NOBL com' ASPHALT PAVING - ENGINEERING CONTRACTORS LIC, A-782908 The key personnel at R.J. Noble Company bring a wealth of experience and expertise to construction projects: Chuck Spiers, the General Superintendent, has a progressive career at R.J. Noble starting as a Foreman in 2005, advancing to Superintendent in 2008, and then to General Superintendent in 2014. His extensive management of various construction operations, including asphalt paving, roadway grading, concrete work, and electrical and underground tasks, is complemented by his experience working with public agencies like Caltrans and cities such as Anaheim, Riverside, and Costa Mesa. Joe Orosco, the Foreman and now Superintendent for asphalt paving, has a decade of specialized experience in this area, ensuring quality and efficiency in paving operations. Tim Thomas, a Senior Foreman for public works crews, brings over 20 years of experience to the table, having worked on multiple public works projects, which speaks to his reliability and depth of knowledge in the field. Ryan Overman, the Project Manager, has been with the company for 24 years. His impressive portfolio of 700 diverse projects for various Southern California public agencies and prime contractors demonstrates his capability to manage and deliver successful construction projects. Their combined experience and proven track record qualify them to handle the complexities and challenges of construction projects with professionalism and skill. Ryan Overman R.J. Noble Company Project Manager Office (714) 637-1550 Ext.325 Cell (714) 323-2324 ORANGE: 15505 E. LINCOLN AVE - P.O.BOX 620. ORANGE, CALIFORNIA 92856-6620 - (714) 637-1550 - FAX (714) 921-3347 City of Newport Beach BRISTOL STREET NORTH, SPYGLASS HILL ROAD, AND VON KARMAN AVENUE PAVEMENT REHABILITATION Contract No. 8895-3 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of ORANGE ) AUSTIN M. CARVER being first dulysworn. deposes and says that he iYrXk is PRESIDENT of R.J. NOBLE 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 priceor 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 California t the foregoing is true and correct. R.I. NOBLE COMPANY Bidder Authorized Sig re/Title AUSTIN M. CARVER, PRESIDENT Subscribed and sworn to (or affirmed) before me on this 21 day of DULY 2Q25 by AUSTIN M. CARVER 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. Notary Public J. DEIONGH [SEAL] 04_�J.OEIONGFf4cOrange Countary Public. ityor�iaMy Commission Expires: 10/28/2027 COREmission 5 2468t14 y Comm. Expires Oct 28. 2 02 7 14 City of Newport Beach BFUSTOL STREET NORTH, SPYGLASS HILL ROAD, AND VON KARMAN AVENUE PAVEMENT REHABILITATION Contract No. 8895.3 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): ACRISURE Shane Wolf Principal, Director of Surety I CA Lic. #OK02446 Acrisure Southwest REgion I Lic. #OK07568 Construction & Real Estate Practice Group (M) 805-748-7464 1 (E) shwolfoacrisure.com _ ACRISURE Laurie Sylvester, ARM, CIC, AAI Senior Account Executive Acrisure West Region CA Agency Lic. #oK07568 CA Lic. # 380650 (INSURANCE) 15 City of Newport Beach BRISTOL STREET NORTH, SPYGLASS HILL ROAD, AND VON KARMAN AVENUE PAVEMENT REHABILITATION Contract No. 8895-3 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Record Last Five (5) Full Years Current Year of Record Current Record Record Record Record Record Year of for for for for for Record 2024 2023 2022 2021 2020 Total 2025 No. of contracts 23 56 67 74 85 76 Total dollar Amount of $150 S97 $145 $137.9 $71.3 $93.5 $694.7 Contracts (in MILLION MILLION MILLION MILLION MILLION MILLION MILLION Thousands of $ No. of fatalities NONE----- ------------- --- ---------- -------------- ------------ ------------ ---NONE No. of lost WorkdayCases NONE---- ----------- ------------- ------------ ------------ ------------ ----NONE No. of lost workday cases involving permanentNONE---- ------------ ------------ ------------- ------------ •----------- ----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. `C^ Legal Business Name of Bidder R.J. NOBLE COMPANY Business Address: 15505 E. LINCOLNAVE., ORANGE, CA 92865 Business Tel. No.: 714 637 1554 State Contractor's License No. and 7$2948 Classification: A & C12 EXP 08/31/2026 Entity Type: CORPORATION The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder X Date 07/2 Title AA Signature of bidder X Date 07/21 Title Signature of bidder Date Title Signature of bidder Date Title JENNIFER K VEGA, SECRETARY 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. ✓ V/ NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED 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 County of ORANGE 07/21 /2025 On before me, J. DEIONGH, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared AUSTIN M. CARVER NomeN) of Signer(9Q who proved to me on the basis of satisfactory evidence to be the person(g) whose name(I) is/tide subscribed to the within instrument and acknowledged to me that heQs:lSXlt *y executed the same in Ns/tmxtdxerix authorized capacityW and that by hisfsignature(s) on the instrument the person(s), or the entity upon behalf of which the person(!] acted, executed the instrument. J. QEIaNGH Notary Pubbc • California s Orange County ray Commission ; NtE114 cofnrr. 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 I nature of Notary Public OPTIONAL - 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 — Titte(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: s,2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — El Partner -- ❑ Limite ElIndividual ❑ Trustee ❑ Other: Signer is Representing d Title(s)7 ❑ General ❑ Attorney in Fact ❑ Guardian or Conservator 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 07/21/2025 On before me, J. DEIONGH, NOTARY PUBLIC Date JENNIFL'R M. VEGA Here Insert Nome and Title of the Officer personally appeared Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(v whose name(9) islsxe subscribed to the within instrument and acknowledged to me that M/shelfl" executed the same in J4j5/her/tf)abC authorized capacity(kss), and that by Mc&erftt%mKsignature(s) on the instrument the person(A or the entity upon behalf of which the person* acted, executed the instrument. i'my 1. XONGH Notary Public - CaliforniOrange CountCommission = 24E8114 Comm. Expires Oct 21, 2027 Place Notary Seal andlor 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 5eal. Signature X ( - -VISigociture of Notary Public OPTIONAL — 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 - I--] Partner - ❑ Limite C] Individual ❑ Trustee ElOther: Signer is Representing d Titfe(s): ❑ General ❑ Attorney in Fact ❑ Guardian or Conservator C2019 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 City of Newport -Beach BRISTOL STREET NORTH, SPYGLASS HILL ROAD, AND VON KA'RMAN AVENUE PAVEMENT REHABILITATION Contract No. 8895-3 ACKNOWLEDGEMENT OF ADDENDA Bidders 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 BRISTOL STREET NORTH, SPYGLASS HILL ROAD, AND VON KARMAN AVENUE PAVEMENT REHABILITATION Contract No. 8895-3 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: R.J. NOBLE COMPANY Business Address: 15505 F. LINCOLN AVE., ORANGE, CA 92865 Telephone and Fax Number: 714-637-1550 1 714-637-6321 California State Contractor's License No. and Class: 782908 CLASS A & C12 (REQUIRED AT TIME OF AWARD) Original Date Issued:08/2000 Expiration Date: 08/31/2026 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: STEVEN L. MENODZA, VICE PRESIDENT 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 Tifle Address Telephone R.J. NOBLE COMPANY, A CALIFORNIA CORPORATION 15505 E. LINCOLN AVE., ORANGE, CA 92865 714-637-155 AUSTIN M. CARVER, PRESIDENT STEVEN L. MENDOZA, VICE PRESIDENT JACOB BREEDLOVE, VICE PRESIDENT JENNIFER M. VEGA, SECRETARY LAMES N. DUCOTE, C.F.O. 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- R.J. NOBLE C.OMPANY 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. - NONE NIA Briefly summarize the parties' claims and defenses: N ?A Have you ever had a contract terminated by the owner/agency? If so. explain. NO Have you ever failed to complete a project? If so. explain. 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 compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes I No 20 Are any claims or actions unresolved or outstanding? Yes 1 No If yes to any of the above, explain. (Attach additional sheets.. if necessary) tiA 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 AUSTIN %1. CARVER, PRESIDENT (Print name of Owner or President of Corpor71 ' Company) Authorize nature/Tide AUSTI . CARVER, PRESIDENT Title 07/21 /2025 Date On 07/21/2025 before me. 1. i)I]ONGH . Notary PublfG. personally appeared :STIN VI. CARVER who proved to me on the basis of satisfactory evidence to be the personCs) whose name(t) isles: subscribed to the within instrument and acknowledged to me that he/*1kg x executed the same in hisPtjNibAXauthorized capacityh6di and that by hislttiklfW signature%) on the instrument the person( or the entity upon behalf of which the person(1q 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 dad ffcial seal. .'......`' J. DEIGNGH (SEAL) Notary Pudic . California Notary Public in al�P f6r said State = orange county J. DEION GH Commission ; 2468114 My Comm. EXPfres Oct 28, 2027 My Commission Expires: = n �'1,Qj 21 .City of Newport Beach BRISTOL STREET NORTH, SPYGLASS HILL ROAD, AND VON KARMAN AVENUE PAVEMENT REHABILITATION Contract No. 8895-3 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. • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • 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 BRISTOL STREET NORTH, SPYGLASS HILL ROAD, AND VON KARMAN AVENUE PAVEMENT REHABILITATION CONTRACT NO. 8895-3 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 26th day of August, 2025 ("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: All pavement rehabilitation work for Bristol Street North, Spyglass Hill Road, and Von Karmen Avenue as required by the Contract Documents (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. 8895-3, 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 Four Million Five Hundred Seventy Nine Thousand Thirty Three Dollars and 59/100 ($4,579,033.59). 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. 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 R.J. Noble Company Page 2 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. 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: Steven Mendoza 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 R.J. Noble Company Page 3 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. 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 R.J. Noble Company Page 4 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 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 R.J. Noble Company Page 5 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), 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. R.J. Noble Company Page 6 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. 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. R.J. Noble Company Page 7 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, 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. R.J. Noble Company Page 8 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 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 9 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: .4l- > 2 CITY OF NEWPORT BEACH, a California municipal corporation Date: 7, la I ZS eyvi By: C ¢' - , By: ^/ A on C. Harp Mr Joe St pleton City Attorney �laT Mayor AT' Dal CONTRACTOR: R.J. Noble Company, a California corporation Date: Signed in Counterpart Bv: Steven Mendoza Vice President Date: Signed in Counterpart Jennifer M. Vega Secretary [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 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 OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California municipal corporation Date: L z Date: By: C111. 1 , ./ By: A on C. Harp MI Joe Stapleton City Attorney 8j4IaT Mayor ATTEST: CONTRACTOR: R.J. Noble Company, a Date: California corporation Date: 08/06/2025 By: By: X Molly Perry Steven Men oza Interim City Clerk Vice President Date: 08/06/2025 X By: i—y Jennifer YA. Vega Secretary [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 10 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 l County of ORANGE J} On 08/06/2025 before me, J. DEIONGH, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared STEVEN L. MENDOZA NameN) of Signer( who proved to me on the basis of satisfactory evidence to be the person() whose name(IS) is/&?e subscribed to the within instrument and acknowledged to me that het Rey executed the same in his Xhei1 authorized capacity(, and that by hislffe`Filp€ N signature(g) on the instrument the personN), or the entity upon behalf of which the person() acted, executed the instrument. J. DEIONGH Notary Public - California Orange �.OLmy ri Commission , L4e8114 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 1 a ure of Notary Public 1 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 — ❑ Partner — ❑ Limite ❑ Individual ❑ Trustee ❑ Other: Signer is Representing d Title(s): ❑ General ❑ Attorney in Fact ❑ Guardian or Conservator 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} 08/06/2025 On Date personally appeared before me, J. DEIONGH, NOTARY PUBLIC Here Insert Name and Title of the Officer JENNIFER M. VEGA Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(!] whose name(% is/m subscribed to the within instrument and acknowledged to me that NNE/sheAWexecuted the same in JOs/her/theinc authorized capacity(ies), and that by kk&er/AbWKsignature(iP on the instrument the person(q or the entity upon behalf of which the persoro acted, executed the instrument. ,Eery J. DEIONGH Y*: Notary Public - Caiifornia _ Orange County > Commission ; 2468E82.0j My Comm. Expires Oct 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 an official seal. X Signature nature of Notary Public 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: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n r)thar- 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: EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 30250387 / Executed in Duplicate 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 all pavement rehabilitation work for Bristol Street North, Spyglass Hill Road, and Von Karmen Avenue as required by the Contract Documents 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 Four Million Five Hundred Seventy Nine Thousand Thirty Three Dollars and 59/100 ($4,579,033.59) 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 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 R.J. Noble Company Page A-1 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. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 7th day of August ' 2025 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) 399-4920 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 1 S By: Aa#bn C. Harp City Attorney x Authorize igure/Title Print Na e/Title: STEVEN L. MENDOZA, VICE-PRESIDENT X� Authoriz Agent Signature Kelly Vincent, Attorney -in -Fact Print Name and Title (Corporate Seal) NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED R.J. Noble Company Page A-2 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 08/08/2025 Date personally appeared before me, J. DEIONGH, NOTARY PUBLIC Here Insert Name and Title of the Officer STEVEN L. MENDOZA Name) of Signer( who proved to me on the basis of satisfactory evidence to be the person() whose name(4) is/4re subscribed to the within instrument and acknowledged to me that helPEANMy executed the same in hishhVXXM1X authorized capacity(, and that by hislf @PMif signature() on the instrument the person(.), or the entity upon behalf of which the person) acted, executed the instrument. z ^: J, DEIc Ff Notary Public California Z y� Orange County > Commission " 2468114 r 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 (— , S' 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: D2019 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: 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 Orange On ua f %}`'E �o�r� before me, Susan E. Morales, Notary Public (Here insert name and title of the officer) personally appeared Kelly Vincent who proved to me on the basis of satisfactory evidence to be the personks) whose nameks-) is/af-e subscribed to the within instrument and acknowledged to me that fie./she/they executed the same in tris/her/t#ei� authorized capacity0esj, and that by ifs/herr signature(-s-j on the instrument the person(s), 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. SUSAN E. MORALES m WITNESS my hand and official seal. (j*MY COMM. #2444309 —1 I --NOTARY PUBLIC- CALIFORNIA (� I j,JORANGE COUNTY —� COMM. Expires April 14, 2027 ('n (ill'1 an Est l 17'17 Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THEE ATTACHED DOCUMENT (Title or description of attached docu Ant) z n (Title or description of attached document continued)) Number of Pages Z Document Date-(?' CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) X Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM This jorm complies with current California statutes regarding notary hording and, ifneeded, should be completed and attached to the document. Aclatohredgents from other states may he completed for documents being sent to that state so long as the hording does not require the California notmy to violate California notmy /ail,. • 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). • 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 David S Jacobson, Kelly Vincent, Individually of Anaheim, CA, its true and lawful Attomy(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 29th day of July, 2024. s*`"A-3R`, WESTERN SURETY COMPANY ORgp'Je N1,G tn�T�s Nxh awl Larry Kasten, Vice President State of South Dakota 1 County of Minnehaha J ss On this 29th day of July, 2024, before me personally came Lary Kasten, to me 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. My commission expires : M. BENT s 'r SEAL NOTARY PUBLIC -SEAL r s March 2, 2026 rSOUTH DAKOTA�ys, M. Bent, Notary Public CERTIFICATE I, 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 corporatio 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 7* day oqo� f , g(jo? 5_ <�,_. '"~'m`' C.Z'4 WESTERN SURETY COMPANY Q,QORq •''?o �Fli$ fig, Paula Kolsrud, Assistant Secretary Authorizing By -Laws and Resolutions ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney 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 Western 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`s 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 confine 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.enasuretv.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Form F4280.6-2023 EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 30250387 / Executed in Duplicate FAITHFUL PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Newport Beach, (hereinafter referred to as "City") has awarded to R.J. Noble Company, (hereinafter referred to as the "Contractor") an agreement for all pavement rehabilitation work for Bristol Street North, Spyglass Hill Road, and Von Karmen Avenue as required by the Contract Documents (hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated August 26, 2025, (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, the undersigned Contractor and Western Surety Company as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Four Million Five Hundred Seventy Nine Thousand Thirty Three Dollars and 59/100 ($4,579,033.59), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, their or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the 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 their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, their respective officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by City in enforcing such obligation. R.J. Noble Company Page B-1 As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: Take over and complete the Project in accordance with all terms and conditions in the Contract Documents, or Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. R.J. Noble Company Page B-2 The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project 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, alteration or addition to the terms of the Contract Documents or to the Project. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 7th day of August ,2025 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)399-4920 Telephone (Attach Attomey-in-Fact Certificate) Authorized �gnat�re/Title Print Name/Title: STFyFN T._ MFNpozA, VIC ENT Attorney-r-Fact Kelly Vincent, Attorney -in -Fact Print Name and Title (Corporate Seal) The rate of premium on this bond is $2.50/ per thousand. The total amount of premium charges is $ 11,448.00----- (The above must be filled in by corporate attorney.) Any claims under this bond may be addressed to: (Name and Address of Surety or Acrisure of CA, LLC dba Patriot Risk and Insurance Services, LLC Agent for Service in California) 18952 MacArthur Blvd., Suite 300 Irvine, CA 92612 / Telephone: (949) 486-7934 APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: g/SAT - By: � ..' - qpj,— , r, , — Aarf C. Harp City Attorney 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 08/08/2025 Date personally appeared _ before me, J. DEIONGH, NOTARY PUBLIC Here Insert Name and Title of the Officer STEVEN L. MENDOZA NomeFg) of Signer* who proved to me on the basis of satisfactory evidence to be the person) whose name(S) isrAre subscribed to the within instrument and acknowledged to me that helgXqMy executed the same in hls3TVMki0! authorized capacityW, and that by his7fiVPMN signature(i.) on the instrument the personN), or the entity upon behalf of which the person(S) acted, executed the instrument. J. DEIONGH Notary Public - California 7 .. s =� Orange County > My Commission t 2468114 Comm. Expires Oct 28, 2027 Place Notary Seal andior 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 S1yhature 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 — ❑ Partner — ❑ Limite ❑ Individual ❑ Trustee ❑ Other: Signer is Representing d Title(s): ❑ General ❑ Attorney in Fact ❑ Guardian or Conservator 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 Oran On ,.af A ,40.?r before me, Susan E. Morales, Notary Public (Here insert name and title of the officer) personally appeared Kelly Vincent who proved to me on the basis of satisfactory evidence to be the personas) whose name(e) is/afe subscribed to the within instrument and acknowledged to me that ie/she/they executed the same in Hs/her/ authorized capacityfiesj, and that by i-t&/herftheif signature Es) on the instrument the person*, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SUSAN E. MORALES - WITNESS m hand and official seal. 0 . COMM. #2444309 -{ Y t� NOTARY PUBLIC- CALIFORNIA (") ~� ORANGE COUNTY (�z8_ COD.9fd. Expires April 14, 2027 0111 Notary Public Signature , ! (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT or description of (Title or desbA tion of attached document continued) Number of Pages'3 Document Date a ) ' /7' °? r_ CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) X Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notmy wording and, rf needed, should be completed and attached to the docmnent. Aclrnolwedgents from other states mm, he completed for documents being sent to that state so long as the wording does not require file California notary to violate California notary law. • 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/#w)- 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 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 David S Jacobson, Kelly Vincent, Individually of Anaheim, 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 29th day of July, 2024. WESTERN SURETY COMPANY �r �aErr =H:4 c�1Z Larry Kasten, Vice President State of South Dakota i ss County of Minnehaha I On this 29th day of July, 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. }4b44444444444444444444bb + My commission expires r M. BENT s f NOTARY PUBLIC eEAL r March 2, 2026 IUWSOUTH DAKOTA c i }44444444444444444444444 } M. Bent, Notary Public CERTIFICATE I, 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 7. day ofi?�t c�d oZ WESTERN SURETY COMPANY gold, f%jPE. $ •nI." Paula Kolsrud, Assistant Secretary Authorizing By -Laws and Resolutions ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney 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 Western 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" 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, if you want to verify bond authenticity. Form F4280-6-2023 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, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract. 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, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract. 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 and four R.J. Noble Company Page C-1 million dollars ($4,000,000) completed operations aggregate. The policy shall cover liability arising from bodily injury, property damage, products - completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). Contractor shall submit to the City, along with a certificate of insurance, any additional insurance requirements stated in Section Four. 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. Contractor shall submit to the City, along with a certificate of insurance, any additional insurance requirements stated in Section Four. 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. Contractor shall submit to the City, along with a certificate of insurance, any additional insurance requirements stated in Section Four. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City of City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract 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 R.J. Noble Company Page C-2 written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, excess/umbrella liability, and automobile liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract 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, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. 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 quired coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. E. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. Subcontractors shall maintain commercial general liability in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. 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 R.J. Noble Company Page C-3 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 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 ninety (90) 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 in Section Four, including required coverage types, limits, endorsements, and notice provisions. 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 A 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. R.J. Noble Company Page C-4 F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self -insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self -insured retention, the self -insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self -insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. 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. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. R.J. Noble Company Page C-5 LL 0 (a O . / \ LU LO ƒ \ co z m CL E tm E 0 CL U- E (n m z LO 0) LO -0 LO m 00 :3 LO N co 0. - 0 MCO 0 E E z CL u City of Newport Beach BRISTOL STREET NORTH, SPYGLASS HILL ROAD, AND VON KARMAN AVENUE PAVEMENT REHABILITATION Contract No. 8895-3 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. 8895-3 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: 07/29/2025 Date 714-637-15501714-637-6321 Bidder's Telephone and Fax Numbers 782908 CLASS A & C 12 EXP 08/31/2026 Bidder's License No(s). and Classification(s) 1000004-' -- DIR Registration Number R.J. NOBLE COMPANY Bidder A Bidde uthorized Signature and Title AUSTI CARVER, PRESIDENT 15505 E. LINCOLN AVE., ORANGE, CA 92865 Bidder's Address Bidder's email address: Steve Mendoza, Vice President stevemendoza@rjnoblecompany.com PR-1