1.D AWARD OF CONSTRUCTION CONTRACT TO R.J. NOBLE FOR FY2024-25 RESIDENTIAL STREET REHAB

Agenda Item No: 1.d

PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: October 7, 2025
Submitted by: Shelley Kennell
From: Public Works
Subject:

Approval of Plans and Specifications and Award of Construction Contract to R.J. Noble Company for the Fiscal Year 2024-25 Residential Street Rehabilitation Project, City Project No. 26-104.

Financial Impact:

Fiscal Impact:

Expense:
$2,251,280.96 Total Construction Costs
$1,972,915.05 Construction Contract Amount
$ 197,291.51 Construction Contingency Amount
$ 81,074.40 Construction Inspection Costs

Available Budget:
$4,718,909.00 Total Project Budget Project# 26-104
$1,414,458.00 Fiscal Year 2025-26 CIP (217-90300-9600)State Gas Tax-RMRA $2,343,879.00 Fiscal Year 2025-26 CIP (102-90300-9600)Measure U $ 151,548.00 Fiscal Year 2025-26 CIP (218-90300-9600)State Gas Tax $ 654,176.00 Fiscal Year 2025-26 CIP (211-90300-9600)Measure M $ 154,848.00 Fiscal Year 2025-26 CIP (303-90300-9800)Traffic Impact Fee Summary:

The scope of work for the Fiscal Year (“FY”) 2024-25 Residential Street Rehabilitation Project entails the rehabilitation of selected residential streets bounded by Bastanchury Road, Valencia Avenue, Placentia Avenue, and Yorba Linda Boulevard (Attachment 1), totaling approximately 1,000,000 square feet of roadway. In general, the work consists of pavement rehabilitation; replacement of damaged sidewalk, curb, and gutter; two driveways in front of Brookhaven Elementary School; and new pavement striping, markings, and legends.

The City solicited competitive bids for the project. A total of ten (10) bids were received on September 11, 2025 . These bids consisted of three portions: Bid “A” + Additive Bid “B” + Additive Bid “C”. Bid "A" is the base bid, which entails street rehabilitation and concrete work.

Bid "B" is for adjusting Golden State Water Company (GSWC) utility valves. Bid "C" is for adjusting a Metropolitan Water District of Southern California (MWD) manhole. The grand total of all bids was used as the basis for determining the low bid for this project. The contract will be for the amount represented by the sum of Bid "A" and Additive Bid "C" Schedule, as GSWC 1 will be performing utility valve adjustment work under a separate contract. The low bid received from R.J. Noble Company was found to be the lowest responsive and most responsible bid received. Staff recommends that City Council award a construction contract to R.J. Noble Company in the amount of $1,972,915.05.

In addition to the construction cost, a ten percent (10%) construction contingency amount of $197,291.51 is provided to cover any unforeseen conditions found during construction. The total construction contract cost, including contingency, amounts to $2,170,206.56.

Recommendation:

Recommended Action: It is recommended that the City Council:

1. Approve the Plans and Specifications prepared by the Public Works Department - Engineering Division for the FY 2024-25 Residential Street Rehabilitation Project No. 26- 104; and

2. Approve a Public Works Agreement with R.J. Noble Company for the FY 2024-25 Residential Street Rehabilitation Project in the amount of $1,972,915.05; and

3. Reject all other bids received and authorize return of the bid bonds; and

4. Authorize the City Administrator to approve contract change orders up to ten percent (10%) of the contract amount, or $197,291.51, for a total construction contract not-to- exceed amount of $2,170,206.56; and

5. Approve a purchase order with Z&K Consultants to provide construction inspection services for a not-to-exceed amount of $81,074.40; and

6. Authorize the City Administrator and/or her designee to execute all necessary documents, in a form approved by the City Attorney.

Strategic Plan Statement:

This item conforms to Strategic Plan Goal 5 and Objective 5.8, Implement the 2024 Pavement Management Plan Report to prioritize streets and roads.

Discussion:

The scope of work for the FY 2024-25 Residential Street Rehabilitation Project includes the rehabilitation of residential streets bounded by Bastanchury Road, Valencia Avenue, Placentia Avenue, and Yorba Linda Boulevard. The work includes pavement rehabilitation; replacement of damaged sidewalk, curb, and gutter; two driveways in front of Brookhaven Elementary School; and new pavement striping, markings, and legends. A total of approximately 1,000,000 square feet of roadways will be rehabilitated as part of this project.

The Metropolitan Water District of Southern California (MWD) has agreed to reimburse the City the amount of $600.00 for the contractor to perform the work to adjust their manhole.

On September 11, 2025, the City received ten (10) bids from contractors. The following table provides the total bid amounts received from each contractor. These amounts reflect base bid "A" and additive bids "B" and "C", which form the basis of award:

Contractor Bid Amount
RJ Noble Company $2,044,915.05
Dash Construction Company, Inc.$2,098,325.04
Copp Contracting, Inc.$2,114,186.85
Onyx Paving Company, Inc.$2,196,000.00
Sequel Contractors, Inc.$2,296,185.05
PALP Inc. dba Excel Paving Company $2,324,871.05
2 Funding Source Amount
FY 25/26 Measure M Funds $ 654,176.00
FY 25/26 State Gas Tax-RMRA $1,414,458.00
FY 25/26 Measure U Funds $2,343,879.00
FY 25/26 State Gas Tax $ 151,548.00
FY 25/26 Traffic Impact Fee $ 151,848.00
Total $4,718,909.00
All American Asphalt $2,362,040.05
Hardy & Harper, Inc.$2,365,000.00
Vance Corporation $2,579,550.73
LCR Earthwork & Engineering, Corp.$2,615,326.05

After reviewing the bids, it was determined that R.J. Noble Company submitted the lowest responsible bid. Upon review and analysis, Staff determined the bid proposal to be responsive and valid. Additionally, additive bid "B" was removed from the scope, thereby reducing the construction amount by $72,000, to $1,972,915.05, since GSWC determined they were able to contract the utility adjustment work under a separate contract. Based upon R.J. Noble Company's reference check, and submitted bid, Staff recommends awarding a construction contract to R.J. Noble Company for the FY 2024-25 Residential Street Rehabilitation Project.

A component of this project requires the allocation of funding for inspection services. The City requested three (3) quotes from its on-call list of construction management and inspection consultants. The following table provides the total amounts received from each consultant.

Consultant Quote
Ardurra No submission
Berg & Associates $80,529.60
Z&K Consultants $73,704.00

After reviewing the quotes, it was determined that Z&K Consultants submitted the most favorable proposal, and Staff recommends approving a purchase order in the amount of $73,704.00, with approximately 10% contingency, for a total not-to-exceed amount of $81,074.40 to Z&K Consultants for inspection services.

Fiscal Impact Summary:

The total construction cost for the Fiscal Year 2024-25 Roadway Rehabilitation Project amounts to $2,251,280.96. This cost consists of the bid amount submitted by R.J. Noble Company in the amount of $1,972,915.05, a construction contingency in the amount of $197,291.51, and construction inspection services with Z&K Consultants in the amount of $81,074.40.

Funding for this project is supported by numerous sources, as outlined below:

Attachments
Attachment 1 - Plans_FY 24-25 Residential Street Rehabilitation Project Plans.pdf Attachment 2 - Public Works Agreement.pdf
3 952.75 SFUnderground Service Alertof Southern CaliforniaRIMPROVEMENT PLANSFORFY 24-25 RESIDENTIAL STREET REHABILITATION PROJECTPROJECT NO. 26-104CITY OF PLACENTIASB / SKGGGGGG12/31/25929439/4/20254

LIP DETAILN.T.S.A.C.GRIND AND OVERLAY DETAILAEXISTING STREET TYPICAL PAVEMENT SECTIONN.T.S.N.T.S.BEDGE TAPER DETAILN.T.S.CPROPOSED STREET TYPICAL PAVEMENT SECTIONN.T.S.PAVEMENT RECONSTRUCTION DETAIL ADJACENT TOCROSS GUTTER OR JOINN.T.S.CURB AND GUTTER REPAIR DETAILN.T.S.FULL DEPTH A.C. REPAIR DETAILN.T.S.DEFSB / SKGGGGGG12/31/25929439/4/20255

952.75 SFW W W W W WWWWWWWWWWWWWWWWWW W

W W W W W W WWWWWWGGGGGGGGGGGGGGGGGGGGGGG

GGGGGGGGGGGGGGG G G

G G G G G G G

GGGGGGGGGGSSSSSSSSSSSSSSSSSS S

SSSSSSSSSSSSSSSSSSSSSSS
SSSSSSSSSSTOPSTOP W BASTANCHURY RD.BEAL AVE.LAURELWOOD AVE.SIERRA BONITA DR.

CANARD AVE.

TUFFREE BLVD.

STANLEY AVE.SB / SKGGGGGGMATCHLINE "A" SEE SHEET 6MATCHLINE "B" SEE SHEET 4Feet0408012/31/25929439/4/20256

WWWWWWWWWWWW W W W W W
W W

WWWWW W W W W WWWWWWWW

W WWWWWWGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGG G G G G G G G G G GG G

G G G G G G G G G

GGGSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSTOPSTOPBUMPBUMP BUMPSTOPSTOPSTANLEY AVE.CANARD AVE.

TUFFREE BLVD.

SIERRA BONITA DR.

HERITAGE AVE.LIVINGSTON AVE.ISLANDIA DR.MATCHLINE "D" SEE SHEET 7MATCHLINE "C" SEE SHEET 5MATCHLINE "B" SEE SHEET 3SB / SKGGGGGGFeet0408012/31/25929439/4/20257

© 2025 Microsoft Corporation © 2025 Maxar ©CNES (2025) Distribution Airbus DS © 2025 TMAP MOBILITY Earthstar Geographics SIO © 2025 Microsoft Corporation © 2025 Maxar ©CNES (2025) Distribution Airbus DS © 2025 TMAP MOBILITY Earthstar Geographics SIO © 2025 Microsoft Corporation © 2025 Maxar ©CNES (2025) Distribution Airbus DS © 2025 TMAP MOBILITY Earthstar Geographics SIO WWW W WWWWWW

WWWWWWWWWWWWWWWWWWW W GGGGGGGGGGGGGGG G G GGGGGGGGGGG

GGGGGGGGGGGGGGGGGGGGGG G G G

GGGGSSSSSSSSSSSS SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS S S S S SSSS S
S S
TUFFREE BLVD.SIERRA BONITA DR.LOUISE DR.FISHER CIR.

LA SALLE CIR.DEMMER PL.JAMAICA CIR.PER
R
Y

D
R
.

TUFFREE
BLVD.SB / SKGGGGGGMATCHLINE "C" SEE SHEET 4MATCHLINE SEE BELOW LEFTMATCHLINE SEE ABOVE RIGHTFeet0408012/31/25929439/4/20258

STOP

WWWWWW W

WWWWW W W W WWWWWWWWWWWWGGGGGGGGGGGG

GGGGGGGGGGGGGG

G G GGGG G GGGGGGGGG G G G

GSSSSSSSSSSSSSSSSSSSSSSSSSSSSS

SSSSS S S S S S
FEATHER AVE.

ALLEGHENY AVE.SAVANNAH AVE.N KRAEMER BLVD.

KINGSTON RD.LAURELWOOD AVE.RANCHERO WAY BEAL AVE.W BASTANCHURY RD.SB / SKGGGGGGMATCHLINE "A" SEE SHEET 3 Feet0408012/31/25929439/4/20259

WWWWWWWWWW

W W W W W

WGGGGGGGGGGGGG GGGGGGGGGG G G G G G G G GSSSSSSSSSS

S S S S S S S S S S

SSSSSSSSSSSSBUMPBUMP
STOPLARKSPUR DR.

KINGSTON RD.

N KRAEMER BLVD.LIVINGSTON AVE.SB / SKGGGGGGMATCHLINE "D" SEE SHEET 4 MATCHLINE "G" SEE SHEET 7Feet0408012/31/25929439/4/202510

SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SDWWWWWWWWWWW

WWWWWWWWWWWWW W W W

W W W WWW W W W

WWW W W W
WW W W

SSSSSSSSSSSGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGG G G G G G G

G G G G G G

G G G G

GSSSSSSSSSSSSSSSSSSSSS

S S S S S S S

S S S S S S S
S S S S S S S SSSSSSSSSSSSCHOOLXINGSLOWSCHOOLXINGSTOP GEETING PL.

JONES PL.

MACINNES PL
KELLEHER PL.

BROWERWOODS PL.W BASTANCHURY RD.BROWER AVE.BROOKHAVEN AVE.SB / SKGGGGGGMATCHLINE "E" SEE SHEET 9Feet0408012/31/25929439/4/202511

SDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDWWW WWWWW

WWWWGGGGGGGGGGGGGGGGGGGGG G
G G
G G
SSSSSSSSSSSSSSSSSSSSTOPSTOPSTOP STOPDIPAHEAD SWANEE AVE.BROOKHAVEN AVE.SUSQUEHANNA AVE.

LITTLE BIG HORN
AVE.© 2025 Microsoft Corporation © 2025 Maxar ©CNES (2025) Distribution Airbus DS © 2025 TMAP MOBILITY Earthstar Geographics SIO SDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDWWWWWWWWWWWWW

GGGGGGGGGGGGGG G GGGGGGGGGG

GGGSSSSSSSSSSSSSS S S S S S SSSSS

SSSSSAHEADDIPAHEAD STOPSTOP
BROOKHAVEN AVE.ROGUE ST.RIO GRANDE AVE.SB / SKGGGGGGMATCHLINE "E" SEE SHEET 8 MATCHLINE "I" SEE SHEET 10MATCHLINE "F" SEE ABOVE LEFT MATCHLINE "F" SEE BELOW RIGHTMATCHLINE "I" SEE SHEET 12Feet0408012/31/25929439/4/202512

WWWWWWWWWWW W W WW

W W W WW

W WW WWWWWGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGG G G G G

S S S S S S

S S S S S S S
S S S S S S S S S SSSSSSSSSSSSS SSSSSSSSSSSSSSSSHENANDOAH ST.

POTOMAC ST.

ROGUE ST.SWANEE AVE.GILA WAYPLATTE WAYSB / SKGGGGGGMATCHLINE "I" SEE SHEET 9MATCHLINE "H" SEE SHEET 12Feet0408012/31/25929439/4/202513

WWWWWW W W
W W W
W W W

WWGGGGGGGGGGGGGGGGG G GGGGGGGGGGG GGSSSSSSSSSSSSSSSSSSSSSSS S S S S S

S S S S S S

S S S S S SSSSS
STOPSTOPVALENCIA WAYYORBA LINDA BLVD.HAVASU PL.

SHAVER WAY

CROWLEY WAY

SHASTA WAY
HAVASU DR.PLATTE WAYTAHOE AVE.SB / SKGGGGGGFeet0408012/31/25929439/4/202514

WWWWWWWGGGGGGGGGGGG

GGGGGGGGGGGGGG

GGSSSSSSSS
S
S S
S
S

S SSSSSSSSSSSSS
S
S SCIMARRON AVE.COLUMBIA CIR.

SHENANDOAH ST.

POTOMAC ST.RIO
GRANDE
AVE
.

N KRAEMER BLVD
SB / SKGGGGGGMATCHLINE "G" SEE SHEET 9 MATCHLINE "H" SEE SHEET 10Feet0408012/31/25929439/4/202515

CITY OF PLACENTIA

PUBLIC WORKS AGREEMENT FOR
FY 202+2025 RESIDENTIAL STREET REHABILITATION PROJECT
CITY PROJECT NO. 26.t04
THIS AGREEMENT (herein "Agreement") is made and entered into this 7th day of October, 2025 by and between the CITY OF PLACENTIA, a municipal corporation and charter city, (herein "Cit/) and R.J. Noble Company (herein "Contracto0. The parties hereto agree as follows:

WITNESSETH:

B. WHEREAS, Contractor represents to City that Contractor is qualified to perform said work and has submitted a proposal to City for the same.

C. WHEREAS, City desires to have Contractor perform said services on the terms and conditions set forth herein.

D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the Califomia Government Code, in the subject matter of this Agreement.

NOW THEREFORE, for and in consideration of the mutual covenants and conditions contained herein and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows:

1.0 DEFINITIONS
1 .1 Definitions. As used in this Agreement, the following definitions shall be applicable (a)Contrac{or. Contractor shall mean R.J. Noble Company a (California corporation, partnership, individual) located at 15505 E. Lincoln Avenue Orange, CA 92865.
(b)City. City shall mean the City of Placentia, a Municipal Corporation and Charter City, located at 401 E. Chapman Ave., Placentia, California 92870. (c)City Council. City Council shall mean the City Council of the City of Placentia.
(e)Services. Services shall mean the services to be performed by the Contractor pursuant to this Agreement.

Satisfactory. Satisfactory shall mean satisfactory to the City Administrator D-2
(f)
A. WHEREAS, City requires the construction of residential street improvements as set forth more fully in this Agreement.
(d) Contract Officer. Contract Officer shall mean the person designated by the City Administrator or City Engineer of City and shall have the duties set forth in Section 5.2.
16 or his/her designee
2,0 SERVICES OF CONTRACTOR

2.2 Documents lncluded in Contract. This contract consists of this Agreement and any Exhibits, which are incorporated herein by this reference. ln the event of an inconsistency, the terms of this Agreement shall govern.

2.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinancas, resolutions, statutes, rules, and regulations of the City and any Federal, State, or local govemmental agency having jurisdiction in effect at the time service is rendered, including but not limited to, the claims procedure set forth in Public Contract Code Section 9204, a summary of which is attached to this agreement as Exhibit "E".

2.4 Licenses. Permits. Fees, and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement, including registration with the Department of lndustrial Relations of the State of California as required by Labor Code Section 1725.5 before commencing performance under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penatties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnifo, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder.

Contractor shall be responsible for all subcontractors' compliance with this Section 2.4. 2-6 Standard of Performance. Contrac'tor, its subcontractors, and their em ployees, in the performance of Contracto/s work under this Agreement, shall be responsible for exercising the

2.1 Scooe of Services. ln compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and wanants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended.

2.5 Familiaritv with Work. By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficutties, and restricfions attending performance of the services under this Agreement. lf the services involve work upon any site, Contractor wanants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should Contractor discover any latent or unknown conditions, which will materially afiecl the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractot's risk until written instructions are received from the Contract Officer.

D-3
17 Any costs for failure to meet the foregoing standard or to conect otherwise defective work that requires re-performance of the work, shall be bome in total by the Contractor and not by the City. The failure of a project to achieve the performance goals and objectives stated in this Agreement is not a basis for requesting re.performance unless the work conducted by Contractor and/or its subcontraclors is deemed by the City to have failed the foregoing standard of performance. ln the event Contractor fails to perform in accordance with the above standard:

1. Contractor will re-perform, at its own expense, any task which was not performed to the reasonable satisfaction of City. Any work re-performed pursuant to this paragraph shall be completed within the time limitations originally set forth for the specific task involved. Contractor shall work any overtime required to meet the deadline for the task at no additional cost to the City;

2. The City shall provide a new schedule for the r+.performance of any task pursuant to this paragraph in the event that re.performance of a task within the original tame limitations is not feasible; and

3. The City shall have the option to direct Contractor not to re-perform any task which was not performed to the reasonable satisfaction of the City Poect Manager pursuant to application of ('l) and (2) above. ln the event the City directs Contractor not to re perform a task, the City shall negotiate a reasonable settlement for satisfactory work performed. No previous payment shall be considered a waiver of the City's right to reimbursement.

Nothing contained in this section is intended to limit any of the rights or remedies which the City may have under law.

2.7 Care of Work. The Contractor shall ado pt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies, and/or other components thereofto prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by Caty's own negligence.

2.8 FurtherResoonsibil ities of Parties.Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. Contractor shall require all subcontractors to comply with the provisions of this agreement.

2.9 Additional Services. City shall have the right at anytime during the performance of the services, without invalidating this Agreement, to order extra work b€yond that specified in the Scope of Services or make changes by attering, adding to, or deducting ftom said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum as set forth in Section

3.1, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of ten percent (10%) or less of the Contract Sum, or in the time to perform of one hundred eighty (180) days or less, may be approved D-4
degree of skill and care required by customarily accepted good professional practices and procedures used in the Contractor's field.
18 by the Contract Officer. lt is expressly understood by Contractor that the provisions of this Section shall not apply to seryices specifically set forth ln the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly ortime consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore.

2.10 Prevailino Waoe Laws. Contractor re presents and warrants that it is registered with the Department of lndustrial Relations as required by SB 854 and Labor Code 1725.5 and understands thatthis project is subject to compliance monitoring and enforcement by the Department of lndustrial Relations. Contractor shall ensure that its subcontractors comply with said requirements. Contractor shall comply with Labor Code Section '1771.4 and shall post all legally required job site notices. ln accordance with Labor Code Section 1770el seq., the Director of the Department of lndustrial Relations of the State of California has ascertained a general prevailing rate of wages, which is the minimum amount, which shall be paid to allworkers employed to perform the work pursuant to this Agreement. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is hereby incorporated by reference into this Agreement. ln accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor must forfeit to the City Twenty Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime.

Contractor is required to post a copy of such wage rates at all times at the contract site. The statutory penatties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et. seq., including Section 1776. Contractor shall comply with all statutory requirements relating to the employment of apprentices.

3.0 COMPENSATION

3.2 Prooress Pavments. Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the contract sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made in thirty (30) days. City shall pay Contractor a sum based upon ninety-five percent (95%) of the contract price apportionment ofthe labor and materials incorporated into the work underthe contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 8.4 of this Agreement for retention of funds.

4.0 PERFORMANCESCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement

4.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time D-5

3.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of one million nine hundred seventy two thousand nine hundred fifteen dollars with five cents ($ 1 ,972,915.05) (herein "Contract Sum"), except as provided in Section 2.9. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. 19 period(s) established in the "Schedule of Performance" attached hereto as Exhibit "B", and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writrng by the Contract Officer.

4.3 Force Maieure. The time period(s) specified in the Scope of Services for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contraclor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period ofthe enforced delay when and if in the judgment of the Contract Officer such delay is justified- The Contract Officef s determination shall be final and conclusive upon the parties to this Agreement.

4.4 Term. Unless earlier terminated in accordance with Section 8.9 of this Agreement, this Agreement shall continue in full force and effect untilfinal approval and acceptance ofthe project by the Contract Officer. Notwithstanding the foregoing, this Agreement shall terminate no later than October 7, 2026, unless the parties mutually agree in writing to extend the term.

5.0 COORDINATION OF WORK

5.1 designated as
with respect to
Reoresentative of Contractor The following principals of Contractor are hereby being the principals and representatives of Contractor authorized to act in its behalf the work specified herein and make all decisions in connectlon therewith:

R.J. Noble Company
ATTN: Steven L. Mendoza
15505 E. Lincoln Ave.

Orange, CA 92865
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.

For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.

5.2 Contract Ofiicer. The Contract Officer shall be such person as may be designated by the City Administrator or City Engineer of City. lt shall be the Contracto/s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions that must be made by City to the Contrac't Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval ofthe Contract Officer. The Contract Officer shall have authority to sign alldocuments on behalf of the City required hereunder to carry out the terms of this Agreement.

D-6
20 5.3 Prohibition Aoainst Assionment. The experience, knowledge, capability, and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the beneFrt of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. ln the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

5.4 lnde ndent Contractor Neither the City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its subcontractors, agents, or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contracto/s employees, subcontractors, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its subcontractors, agents, or employees are agents or employees of City.

City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor.

5.5 ldentitv of Persons Performino Work. Contractor re presents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.

5.6 Utility Relocation. C ity is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor, and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.

5.7 Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
(a) Contractor shall promptly, and before the following conditions are disturbed, notifi/ City, in writing, of any: (1) materialthat Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class l, Class ll, or Class Ill disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and D-7
21 generally recognized as inherent in work of the character provided for in the contract.
(b)City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost ol or the time required for, performance of any part of the work shall issue a change order per Section 2.9 of this Agreement.

6.0 INSURANCE, INDEMNIFICATION, AND BONOS
Conditions:
ln accordance with Public Contract Code Section 20'170, the insurance of surety companies who provide or issue the policy shall have been admitted to do business in the State of California wlth a credit rating of A- or better.

Prior to commencement of any work under this contract, Contractor shall deliver to the City insurance endorsements confirming the existence of the insurance required by this contract, and including the applicable clauses as set forth in Exhibit "C" attached hereto and incorporated herein by this reference.

Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory's company affiliation and title. Should it be deemed necessary by the City, it shall be Contracto/s responsibility to see that the City receives documentation, acceptable to the City, which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company. lf the Contractor fails to maintain the aforementioned insurance, or secure and maintain the aforementioned endorsement, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement. However, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance or secure said endorsement. ln addition to any other remedies D-8
(c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

6.1 lnsurance. The Contractor and all subcontractors, if any, shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement, including any extension thereof, insurance as set forth in Exhibit "C" attached hereto and incorporated herein by this reference.

The Citv of Placentia. its officers. officials. emplovees. aoents. and volunteers shall be named as additional insureds.
22 the City may have upon Contracto/s failure to provide and maintain any insurance or policy endorsements to the eltent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which became due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof.

Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractois or its subcontractois performance of the work covered under this agreement.

Each contract between the Contractor and any subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 6.1.

6.2 Certificates of lnsurance. Contractor shall provide to City certificates of insurance showing the insurance coverages, as well as providing the City with the required endorsements, in a form and content approved by City, prior to performing any services under this Agreement.

The certificates of insurance and endorsements shall be attached to this Agreement as Exhibit "D" and are incorporated herein by this reference.

6.3 lndemnification. Contractorshall protect, defend, indemnify, and hold ftee and harmless the City of Placentia, its officers, officials, employees, agents, and volunteers, at Contracto/s sole expense, from and against any and all actions, suits, claims, damages to persons or property, losses, costs, penafties, obligations, errors, omissions, or liabilities (herein "claims or liabilities") that may be asserted or claimed by any person, firm, or entity arising or alleged to arise out of or in any way connected with the performance of the work, operations, or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the acts or omissions of Contractor hereunder, or arising or alleged to arise ftom Contractor's performance of or failure to perform any term, provision, covenant or condition of this Agreement including all acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part ofthe Contractor, its employees, and/or subcontractors. (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attomeys' fees incuned in connection therewith. (b) Contractor will promptly pay any judgment rendered against the City, its officers, officials, employees, agents, or volunteers for any such claims or liabilities arising or alleged to arise out of or in connection with Contracto/s (or its agents', employees', subcontractors', or invitees') negligent performance of or failure to perform such work, operations, or activities hereunder; and Contrac{or agrees to save and hold the City, its ofiicers, officials, employees, agents, and volunteers harmless therefrom.

D-9
(c) ln the event the City, its officers, officials, employees, agents, or volunteers are made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, officials, employees, agents, or volunteers any and all costs 23 (d) Contracto/s duty to defend and indemniry as set out in this Section 6.3 shall include any claims, liabilities, obligations, losses, demands, actions, penahies, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any State or Federal law or regulation regarding hazardous substances, including but not limited to the Federal lnsecticide, Fungicide and Rodenticide Act CFIFRA), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ('CERCLA), Resource Conservation and Recovery Act of 1976 CRCRA), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter-Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.

Notwithstanding the foregoing, Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints, or suits arising out of the sole active negligence or willful misconduct of the City.

The Contraclo/s indemnification obligations pursuant to this Section 6.3 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.

6.4 Labor and Materials and Performance Bonds. Concunently with execution of this Agreement, Contractor shall deliver to City a labor and materials bond and a performance bond each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secures the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement.

6.5 Sufficiencv of lnsurer or Suretv. lnsurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated 'A-' or better in the most recent edition of Best's Key Rating Guide or in the Federal Register, and only if they are of a Financial Size Category Class Vll or larger, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. ln the event the Project Manager and Risk Manager determine that the work or services to be performed under this Agreement creates an increased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies required by this Section 6 may be changed accordingly upon receipt of wriften notice ftom the Project Manager provided that the Contractor shall have the right to appeal a determination of increased coverage by the Project Manager to the City Council of City within ten (10) days of receipt of notice ftom the Project Manager.

D-10
and expenses incurred by the City, its officers, officials, employees, agents, or volunteers in such action or proceeding, including but not limited to, legal costs and attomeys' fees for counsel selected by City.
24 6,6 Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any monies withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder.
7,0 RECORDS AND REPORTS

7.1 Reoorts. Contractor shall periodically prepare and submit to the Contract Ofiicer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

7.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records (including but not limited to payroll records as required herein) as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts ftom such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 7 .3 OwnershiD of Documents.All drawings, specifications, reports, records, documents, and other materials prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request ofthe Contract Officer or upon the termination ofthis Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder- Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemniry City for all damages resulting thereftom.

7.4 Public Records Act D SC losure.Contractor has been advised and is aware that this Agreement and all reports, documents, information, and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its Subcontractors, pursuant to this Agreement and provided to city may be subject to public disclosure as required by the california Public Records Act (California Government Code Section 7920.000 et seg.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 7924.510, and of which Contractor informs City of such trade secret. The City will endeavor to maintain aS confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records So marked if disclosure iS deemed to be required by law or by order of the Court.

D-11
25 8.0 GENERAL PROVISIONS

8.1 Governinq Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions conceming any dispute, claim, or matter arasing out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8.2 Reoresentatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives, and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

The Principal set forth in Section 5.1 above shall be the representative for Contractor for purposes of this Agreement, and shall be authorzed to issue all consents, approvals, directives, and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.

8.3 Disoutes. ln the event either party fails to perform its obligations hereunder, the nondefaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defautting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting party commences to cure such defautt within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the defautt is an immediate danger to the health, safety and general welfare, the defautting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defautting party fail to cure the default within the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Agreement.

Compliance with the provisions of this Section 8.3 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured.

8.4 Retention of Funds. Progress payments shall be made in accordance with the provisions of Section 3.2 of this Agreement. ln accordance with said section, City shall pay Contractor a sum based upon ninety-five percent (95%) ofthe contract price apportionment ofthe labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the Contractor within sixty (60) days after final acceptance of the work by the City Council, after Contractor shall have furnished City with a release of all undisputed contract amounts if required by City. ln the event there are any claims specifically excluded by Contractor from the operation of the release, the City may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. City's failure to deduct or withhold shall not affect Contractor's obligations hereunder.

8.5 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A partys consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any D-12
26 8.6 Riohts and Remedies. Rights and Remedies are cumulative except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other defautt by the other party.

8.7 Leqal Action. ln addition to a ny other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

8.8 Liouidated Damaoes. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficutt or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City Five Thousand and Two Hundred Dollars ($5,200.00) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Scope of Services (Exhibit "A") or Schedule of Performance (Exhibit "8"). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.

8.9 Termination for ult of Contractor. lf termination is due to the failure of the Contractor to futfill its obligations under this Agreement, Contractor shall vacate any Ci$ owned property which Contractor is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.3, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided thatthe City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated.

8.10 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served petsonally or deposited in the U.S. Mail, prepaid, first-class mail, return receipt requested, addressed as follows:

To Contractor: R.J. Noble Company
ATTN: Steven L. Mendoza
15505 E. Lincoln Ave.

Orange, CA 92865

8.11 Non{i of Citv Officers and E molovees.No officer or employee of the City shall be personally liable to the Contractor, or any Successor in interest, in the event of any default or subsequent act. Any waiver by either party ofany default must be in writing and shall not be a waiver of any other defauh concerning the same or any other provision of this Agreement.

To City: City of Placentia
401 E. Chapman Ave.

Placentia, California 92870
Attn.. chris Tanio
D-13
27 Contractor and its officers, employees, associates, and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, ef seg.) and Government Code Section 1090. During the term of this Agreement, Contractor and its officers, employees, associates, and subcontractor shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not cunently performing work that would require Contractor or one of its officers, employees, associates, or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Contractor's duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City's preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this projeci. Contractor's participation in the planning, discussions, or drawing of project plans or specifications shall be limlted to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project, if any, have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Contractor pursuant to this Agreement.

8. 13 Covenant Aqain st Discrimination. Contractor covenants that , by and for itselt its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation ol any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement.

To the extent required by law, contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry.

8.14 lnterpretation. The terms of this Agreement 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 this Agreement or any other rule of construction which might otherwise apply.

8.15 Severability. ln the event that an y one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent o,the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefrt of their bargain or renders this Agreement meaningless.

8.16 Hirino of llleoal iens Prohibited.Contractor shall not hire or employ any person to perform work within the City of Placentia or allow any person to perform work required under this breach by the City or for any amount which may become due to the Contractor or to its succe*sor, or for breach of any obligation of the terms of this Agreement.

8.12 Conflict of lnterest. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

D-14
28 Agreement unless such person is properly documented and legally entitled to be employed within the United States. Further, Contractor shall comply with the following:
(a)Unauthorized Aliens. Contractor hereby represents and wanants that it will comply with all of the provisions of the Federal lmmigration and Nationality Act, 8 U.S.C.A. SS 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of any work and/or services under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthor2ed aliens, Contractor hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incuned by City.
(b)E-Verifu. lf Contractor is not already enrolled in the U.S. Department of Homeland Security's E-Verify program, Contractor shall enroll in the E-Verify program within fifteen (15) days of the effective date of this Agreement to verify the employment authorization of employees assigned to perform work hereunder. Contractor shall verify employment aulhorization within three (3) days of hiring a new employee to perform work under this Agreement. lnformation pertaining to the E-Verify program can be found at httpJ /vww.uscis.gov, or access the registration page at https://e- verify.uscis.gov/enroll. Contractor shall certiry its registration with E-Verify and provide City its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated.

8.17 Unfair Business Practices Claims. ln enterin g into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under section 4 of the clayton Act (15 U.S.C.

Sec. 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Pa 2 of Dlvision 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the contractor without further acknowledgment by the parties. (Sec. 7'103.5, California Public Contract Code).

8.18 CorDorate Authoritv. The persons executing this Agreement on behalf ofthe parties hereto wanant that (i) such party is duly organ2ed and existing, (ii) they are duly authorized to execute and deliver this Agreement on behatf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound

8.19 PERS Elioibiliw lnde mnification ln the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer D-15
29 contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, State, or Federal policy, rule, regulation, law, or ordinance to the contrary, Conhactor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City' including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any coniribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

8.20 Coooeration. ln the event any claim or action is brought against city relating to Contractor's performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require.

8.21 Leqal S ibilities. The Contraclor shall keep itsetf informed of City' State, and be liable at law or in equity as i result of the Contractois failure to comply with this section.

Federal laws, ordinances, and regulations
services pursuant to this Agreement. The
such laws, ordinances, and regulations. N

8.22 cause for co
paragraph. Upon the receipt of such notice ofterm
compensation:
, which may in any manner affect the performance of its Contractor shall at all times observe and comply with all either the City, nor its offcers, agents, or employees shall ination Contractor shall be entitled to the following
Termi nforC ience. The City may terminate this Agreement without nvenience of the City upon giving contractor 30 days prior written notice of termination ofthe Agreement. Upon receipt of the notice of termination the Contractor shall cease all further work pursuant to the Agreement. Upon such termination by the City the Contractor shall not be entitled to any other remedies, claims, action s, profits, or damages except as provided in this

1. The contract value of the work completed to and including the date of receipt of the notice oftermination,lesstheamountofprogresspaymentsreceivedbycontractor.

2. Actual move.off costs including labor, rental fees, equipment transportation costs' the costsofmaintainingon-sitemnstructionofficeforsupervisingthemover.off.

3. The cost of materials custom made for this Agreement which cannot be used by the Contractor in the normal course of his business, and which have not been paid for by City in progress Payments.

4. All costs shall not include any markups as might otherwise be allowed by any plans or specifications which were a part of the Agreement'
The provisions of this paragraph shall supersede any other provision of the Agreement or any provision of any plans, specificJtion, addendums, or other documents which are or may become " 6Jrt or 6,ir Agreement. city ano contrac{or agree that the provisions of this paragraph are a substantive part of the consideration for this Agreement.

8.23 Resoonsibiliw for Errors. contractor shall b€ responsible for its work and.results under this RgreemEii. ContEa6l *nen requested, shall furnish clarification and/or explanation "i ,rv n" rfruired by the city,s representative, regarding any services rendered under this ngr";;'"nt rt'no additional cost to city. ln the event that an error or omission attributable to D-16
30 Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates, and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to partlcipate in any meeting required with regard to the correction.

8.24 Order of Precedence. ln the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. lf, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.

8.25 Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

8.26 Thi This Agreement is entered into for the solePBeneficia benefit of City and Contractor and no other parties are intended to be direct or incidental beneflclaries of this Agreement and no third party shall have any right in, under or to this Agreement.

8.27 Headinqs. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modiry, explain or to be a full or accurate description of the content thereof and Shall not in any way affect the meaning or interpretation of this Agreement.

8.28 Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. ln the event an ambiguity
respect to this Agreement, this Agreement sha
and in accordance with its fair meaning. There s
or question of intent or interpretation arises with
ll be construed as if drafted .iointly by the parties
hall be no presumption or burden ofprooffavoring
or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

8.29 Counteroarts. This Agreement may be executed in one or more counterparts, each of which shall G Oeemed an original. All counterparts shall be construed together and shall constitute one agreement.
that the City may be paying for the Project by using funds it receives or will receive funding sources in the form of grants and/or subsidies, and the like under certa conditions. Contractor warrants that it is not suspended or debarred from doing busi United States government and can legally be paid from federal funds. Contractor acknowledges and agrees that any failure of the Contractor and/or its subcontractors to perform its obligations underlhe Contract, including, but not limited to, timely submitting accurate reports and records, that in any way results in the city not meeting the terms and conditions placed on the funds by the funding source, or forfeiting its entittement to or, otherwise, not receiving, the funds, then the contractor shall be liable to pay the city for the funds not granted to the city on the Project.

8.30 Fundino Source Condition - Contractor's O blioation Contractor acknowledges from various
in terms and
ness with the

8.31 Entire reement. This Agreement constitutes the entire agreement between the all other prior writings
gned by the parties
prevail over any
parties with respect to any matter referenced herein and supersedes any and and oral negotiations. This Agreement may be modifled only in writing' and si in interest at the time of such modmcation. The terms of this Agreement shall D-17
31 inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
lN WTNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.

CITY OF PLACENTIA,
A municipal corporation and Charter City
Date:

Jennifer Lampman, City Adminishator
ATTEST:

Robert S. McKinnell, City Clerk
CONTRACTOR:
x f4lu-^-Date: 0911812025
STEVEN L. MENDOZA, VICE PRESIDENT
Name and Title
33-866299
Social Security or Taxpayer lD Number
APPROVED AS TO FORM:

Christian L. Bettenhausen, City Attorney

APPROVED AS TO INSURANCE
Date
Rosanna Ramirez, Risk Manager
Date:

D-18
32 19

APPROVED AS TO CONTENT:

_____________________________ Date: ________________________ Shelley L. Kennell, Project Manager

DEPARTMENTAL APPROVAL:

___________________________ Date: _________________________ Chris Tanio, Director of Public Works/
City Engineer

33 Bond No. 30259221
Executed in Triplicate
Page I of 2
(Use of City Bond Form is Required)

LABOR AND MATERIAL PAYMENT BOND
PUBLTC WORK (CALtFORN|A)

KNOWALL MEN BY THESE PRESENT
WHEREAS, R.l. NOBLE COMPANY , as principat, has
entered into a contract dated October 71h,2025 , with the City of Placentia (Obligee) referred to and made a part hereof to perform the following work, to wit: FY 2024-2025 RESIDENTIAL STREET REHABILITATION and all appurtenant work in accordance with PROJECT NO. 26-I04 , which requires Principal to file this bond to secure claims made in relation to the project.

NOWTHEREFORE, we,R.I. NOBLE COMPANY , as Principal,
and Western Suretv Companv , a corporation organized under the and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of Placentia, as Obligee, and all sub- contraclors, laborers, material persons and other persons employed in the performance of the referenced agreement,in the sum of *Dollars ($.11_),
laMul money of the United States of America, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and * assigns, jointly and severally, firmly by these presents.*one Million iline Hunoieo Seventy-Two Thousand Nine Hundred Fifteen Dollars and o5/1oo Cents "*1$t ,szz,st s.os1 lf the above bounden PRINCIPAL, his or its heirs, executors, administrators, successors, assigns, or any of his or its sub-contractors, fails to pay for any materials, provisions, provender, or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor to persons named in Section 9100 or the Civil Code, thereon of any kind, or for amounts due under the Unemployment lnsurance Code with respect to such work or labor deducted, withheld and paid over to the Employment Development Department from the wages of employees of the contractor and sub-contractors pursuant to Section 13020 of the Unemployment lnsurance Code, that the SURETY on this bond will pay the same, in an amount not exceeding the sum specified in this bond, AND ALSO, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment herein rendered.

D-20
laws of South Dakota
As part ofthe obligation secured hereby, the SURETY shall not be exonerated or released from the obligation of the bond by any change, alteration, or modification in or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or exlension of the time for any payment pertaining or relating to any scheme of work of improvement, nor by any rescission or attempted rescission ofthe contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under 34

Page 2 ends

any such contract or agreement, or under the bond, nor, where the bond is given for the benefit of claimants, by any fraud practiced by any person other than the claimant seeking to recover on the bond.

This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under the Civil Code so as to give them a right of action in a suit on this bond.

This bond is executed for the purpose of complying with the laws of the State of California and shall inure to the benefit ofany ofthe persons named in Section 9100 ofthe Civil Code ofthe State of Califomia.

IN WTNESS THEREOF , we have hereunto set our hands and seals this 18th day of September 2025
(Corporate Seal)R.I. NOBLE CON{PANY
Principal
By x ft:/h-*
,r**ra.*K^VICE PRESIDENT
(Corporate Seal)
Tifle
R.I. NOBLE COMPANY
Principal
x
JENNIFER M. VEGA, SECRETARY
Title
Western Surety Company
Surety
By :X
Kelly Vin , Attorney-in-Fact
D-21
(Surety Seal)
APPROVED AS TO FORM:
/s/ Christian L. Bettenhausen
City Attorney
35 cALtFOnN1A ACXI|OWLEDCmEI{T CtVtL CODE 5 tt89
A nota ry public or o$er otfice, completing his certiticate verifies only the identlty of the indMdual wlro sig ned the documenl to whi€h lhis cenificale is attached, ard not the truthtulness, accuracy, or yalidity of hat document.

State of California
County of ORANGE
gn 0911912025
Dote
before me,IADEI,IN PIOHI A, NOTARY PUBLIC
Here lnsed Nome ond Title of lhe Oflicer
personally appeared STEVEN L. MENDOZA
who proved to me on the basis of satisfactory evidence to be the personN tyhose nameoo is,/ Xsubscribed to the within instrument and acknowledged to me that hetsmtrUla(executed the same in hiV6O6{HX authorized capacity(El and that by hisrur(mt signalureoo on lhe instrument the personm, or the entity upon behalf of which the personm acted, executed lhe instrument. )
ls. JAotLn ProHra
w";frmH,,
Signalure
Ploce Notory Seol ond/or Stomp Above signotute of Notory Public

OPTIONAL
Completing this informotion con deter olterotion of the document or toudulent reoftochment of this torm to on unintended document.

Description ot Attached Document
Title or Type of Document:

DocumentDate:NumberofPages:_
Signe(s) Other Than Named Above
Capacity(ies) Claimed by Signer(s)
Signer's Name Signer's Name
0 Corporate Officer - Title{s):tr Corporate Officer - Title(s):

El Partner - o Limited tr General
tr lndividual tr Attorney in Fact
tr Trustee El Guardian or Conseivator
O Padner - O Limited O General
tr lndividual tr Attorney in Fact
O Trustee D Guardian or Conserualor
o Other:D Other:

Signer is Representing:
e2019 National Notary Association
Nome(s) ol Signe4s)
I certify under PENALTY OF PERJURY under the
laws of the State of California thal the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signer is Representing:
36 cALlFloRItA ACrrOryLtDOrEt{T Crvrr CODE S 1189
A notary publi( or ot ler otficer completinglhis certificate verifies only lhe identity of the iMMdualwtlo signed thedocument to which this certiticale is anached. and not lhe truthfulness. accuracy. or validity of that document.

State of caliJornia
County of
on 0911912025
tute
before me, JADELIN PIOHIA, NOTARY PUBLIC
Herc losert Nome ond Title of the Offrcet
personally appeared IENNIFERM. VEGA
Nome(s) of Signe(s)
who proved to me on the basis of satislactory evidence to be the personm whose name0$ i{i(Xsubscribed to the within instrument and acknowledged to me thatxflshem€i(executed the same inXtr(herxlol( authorized capacity(ts1* and th6t by !0xhedmt signatureoo on the instrument the personm. or the entity upon behalf of which the personm aded, executed the instrument A\
W-,
JAoEull PK)Hh
Nol.ry Publi( . C.tifornia
Oi.nse (oi/nry
Comhirsion, 24!5D2
Comln. tupires 10. 12, ZO2E
I certify under PENALTY OF PERJURY under the
laws of the State of Calitornia that the foregoing
paragraph is true and correct.

WITNESS my hand and ofricial seal.

Signature
Ploce Notory Seol ond,/ot Stomp ADove Signoture of Notory Public

OPTIONAL
Completing this inlormotion con deter olterotion of the document or lroudulenl rcoftochment ol this lorm to on unintended document.

Description of Attached Documenl
Title or Typ€ of Document:

Document Date Number of Pages:
-
Signer(s) Other Than Named Above
Capacity(ies) Claimed by Signer(s)
Signer's Name Signer's Name:
o Corporate Orficer - Title(s):o Corporate Officer - Title(s):
tr Partner - tr Limited tr General
Et lndividual tr Attorney in Fact
o Trustee o Guatdhn or Co6ervator
E Partner - o Limited o General
o lndividual o Attorney in Fact
o Trustee D Guardian or Conseivalor
o Other:E other:

Signer is Representing
a2019 National Notary Association
ORANGE
(rrbL ?""L
Signer is Representing:
37 ALL. PURPOSE

CERTIFICATE OF ACKNOWLEDGMENT
County of Oranqe
On {fr wibdote me, Susan E. Morales, Notary Public
)
)
personally app s31s6 Kelly Vincent
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is,hri: subscribed to the within instrument and acknowledged to me that he/she/they executed the same in lris/her/their authorized capacity(ies), and that by Hherltheil signature(s) on the instrument the person($, or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WTNESS my hand and official seal.
olary Public Signature
oF
tlJ
SUSAN E. IVIORALES
COr\4Nt. #2444309
NO]ARY PUBLIC. CALIFOfl NIA

ORANGE COUNTY
MY COlrlM. Edres April 14, 2027
m{o
(Notary Public Seal)

DESCRIPTION OF THE ATTACHED DOCUMENT
Fite o. descnpth ol atladled dooim€nl cofitjnued)
NumberolPages 4 Document D ^,1- f9-2t
Ote or desdiplio0 o, attached
/

ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Thislotm cofiples with cyftenl Caldomia satutes rcgardng notarywording and, {needed. shotld be coirpleted and afiached 10 the doannent Acknohrcdgentslron other states mq' be completedJor docamenrs beng sent ao thal state so loig as e vording d.ps not requirc the Caldomia notarr^ to eiolare Cal{ornn norary lav. . S(ate and Comq rnformatron musx b€ rhe Slare and Counl.utlere th€ documc.t signe(s) person ll) app€arcd b€fore the notao public for acknowledgment. Date ofnotanzalrco musl b. the date thar the sigr(s) p.rsonally app€arEd ufirch must also be ihc amc dat... fie ackmwl€dgmEnr rs compla.d. The nolai_'r'publrc must pnni his or her nam. as I appears \urhin hs or hcr cornmissim follo*rd b) a comma and th6, ],our ridc (nolao,public) . Print $e namds) of document srgne(s) wno p.rsonally appca at the rime of notarizdim
. Indicale the corrcct singular or plural forms b!.crossing off inconecr forms (i.c Hshdth€yi is /sre ) or circlinB the correct fonns Failur€ ro conectlv indicate this rnformatron may l.ad to rge.tron ofdocumenr rerordrnS
. The notar) scal lmprcssion musr be clear and phoaoSraphrcally reprodrrcibl.

Impression musl no! cov6 text or lines If seal imprcssion smudges. re-s€al if a suffcient arca pcrmils. othcr*rs€ completc a diffcrcnr ackno$,ledgmcni fofln. Si8na&re of d|e notaD publ,c mun march dE srgnatrlr. on fiI. u.irh rhe office of d'€ count clc*
t Addrlonal mforma on rs not requrred bu could help ro €nslre lhrs aclarc\ricdgm.nl is noa rnisused or atrached lo a drffcrcnt documt'rr+ Indtcar€ ttrl. or r\Dc ofanached documcnt numbcr of pagEs and dateJ. Indicaac d|c capa.ty clamcd olL the signcr lf thc clarmcd cipacit) rs a corporare oIIiccr. indacare lhe rde (i e CEq CFO, SccrdanJ. Securely attach this documcnr ro the signed documcnr with a staple.

CAPACITY CLAIMED BY THE SIGNER
tr lndividual (s)E Corporate Officer
(TftT
Partner(s)
Attomey-in-Fact
Trustee(s)
Other
tr
tr
tr
tr
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certifcate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
2015 Version www.NotaryClasses.com 800-87$9665
38 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Ktrow AII M.n By Tbclc Pre3cnl!. Thar WESTERN SURE-IY COMPANY. a Sourh Dakota corporation. is a duly organized and exisling corporalion having ils principal oflica in thc City ofsioux Falls, and State of South Dakota. ard lhd it does by virtue oflhe signalure sd scal herein allixed hereby make, constitute and @point David S Jacobson, Kelly Vincent, Iodividually
of Anaheim, C4 its rue snd la\.{ul Anomey(sFin-Fact wilh firll po*er and a lDrity heEby c.nferei io sign. seal and execute for and on its behalf bonds. undenalings and otlE obligdory instsuments of similsr nature
- In Unlimited Amounts -
8nd to bind it $ercty as fully and to tlte sarn€ extent as ifsuch instruments werE signcd by a duly authorized omcer ofthe co,poration ard all 0l€ acts ofsaid Attomey. pursu.e to fle aulhority h€reby given, are hereby rafified and confi.nred.

This Power of Attomey is made and executed pu[suart to and by authority of tho Aulhorizing By-Laws and Resolutions printed at tie bottom ofthis pag€, duly sdopreq as indicated, by the shareholders ofthe corporation.

Itr Witnds Wh.r.of, WESTERN SURETY COMPANY has caused th€se prcse s 1o be siBncd by its vic. Preside and iE coryonte s€al ro be hereto affixed on this 29th day ofJuly, 2024

WESTERN SURETY COMPANY
Larry Kasten. vice President
and aJfixed the seal ofthe said corpomrion lhis da)
\Abstern Surety Company
i i,t. BENT !-
;@t3[1fl#.ti@i n 8-*
/fr &oer
State ofsouth Dakota
County ofMinnehaha
On this 29ti dsy ofruly, 2024. before me personally came Larry Kasten, to me known. vrho. being by me duly swom. did depose and say: th.t he rEsides in the City ofsioux Falls, State ofsoulh Dakoq lhat he is a Vice President ofwESTERN SURETY COMPANY describ€d in and which executed the above instrument: thal he knows the seal ofsaid corporation: that the seal afrxed to the said instrument is such corporate seal; thal it was so affxed plrsuant to authorit! given by lhe Board of Dirctors of said corporation and thal hc signed his name therelo pursurnt to like authoritr, ad ackno\rl€dges same to b€ the act and deed oI said corporalion.

My commission expircs
March2.2026
M. Ben! Notrry Public
CERTIFICATf,,
t, Parla Kolsru4 Assistant Secretary of WESTERN SURETY COMPANY do he.€by cedry thar tll6 Power of AttonEy h€reinabove set forth is still in force, sd funher ceniry $ar fie By-Law and Resolutions ofthe ce(ificarc are slill in force. In {eslimony wher€ofl have hereunto subscrib€d my name

WESTERN SURETY COMPANY
G-$^ r'o{arud
Paula Xobqd. lsiistant S€cretar,'
Authorizitrg By-lrw! rnd R6ohtions
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY . 1 .

This Poecr ofAttomey is made ad executed pursuanl to and by au Erity ofthe following By.Law duly adopted by the shar€holders ofthe Company )
belo\r this
S€cfion 7. All bonds, policies, undertakin8s, Powers ofAttomey, or other obligalions oflhe corporation shall be exccutcd in th€ corporate narne of ltrc Compaly by ttre President, Serrctaty, and Assista SecrcLry. Treasure( or any Vice PrEsidenl or by such other omceas as the Board of DircctoN nuy authorize. Ttle Pr€sidenl any Vic-e President Secrctar, any Assistant Secretar, or lhe Tr.isurEr ma, appoint Attomeys in Fact or agents *ho shall have aulhorily lo issue bonds, policies, or underlslings in the name ofth€ Company. The corporale s€al is noI necessary for the validity of any bonds. policies, undertaLings, Powers of Attomey or other obligations ofthe corporation. The signature ofemy such ofiic€r and the corporate seal may be printed by facsimile.

This Power of Atrorney is si8,led by Lary Kasten, Vice Prcsidenl who has b€€n authori2ld pursuant to Ge above Bylar to executc poHer ofattomeys on behalfofwestem Surety Comparty.

This Power ofAttomey may b€ sigred by digital signature and sealed by a digital or otlEr*ise electronic-formatted coDorate seal under and by the aulhority oflhe following Resohrtion adopted by the Board of Directors ofthe Company by unanirrous \ Titten consest dated the 27rh day ofApdl,2022:
"RESOLVED: That it is in lhe best inte.est of$e Company to periodically rati! and confirm any mrporate documenG sign€d by digital signarurcs and to rariry and confirm lhe use ofa dititat or otlErwise electronic-formatted corporate seal, each to be consi&rEd dE act and deed ofth€ Compmy." Go to g34g.gggggggq.ggE > Orvo.r / ObliBe Scrviccs > V.lidra. Bord Cov.r.ge, ifyou r?rnt to verify botrd .uthenticity.

Fo.h f42O+2@3 39

Page 1 ends

(Use of City Form is Required)

SUPPLEMENTAL INFORMATION TO BE COMPLETED BY PRINCIPAL
lf an individual, so state. lf a firm or co-partnership, state the firm and give the names of all individual co-partners composing the partnership. lf a Corporation, state legal name of corporation; state also the names of the president, secretary, treasurer and manager thereof.

R.]. NOBLE COMPANY A CALIFORNIA CORPORATION
AUSTIN M. CARVER, PRESIDENT JENNIFER M. VEGA,SECRI,TARY JAMES N. DUCOTE, C.F.O.

Business Address:
15505 E. LINCOLN AVE.

ORANGE, CA 92865
Telephone Number:

Date:

Print Name:

Signature:
714-637 -t550
091t8t2025
R.I. NOBLE COMPA].IY
Principal
x
Title

STEVEN OZA, VICE PRESIDENT
D-22
40

Page 1 ends

(Use of City Form is Required)

TAX IDENTIFICATION NUMBER
The Tax Equity and Fiscal Responsibility Act of 1982 requires the payer (City of Placentia) to report to the lnternal Revenue Service taxable payments to payees.

You (as a payee) are required by law to provide us with your Taxpayer ldentification Number (if an individual or partnership, your Social Security Number). lf you do not provide us with your correct identification number, you may be subject to a penalty imposed by the lnternal Revenue Service. The payments subject to withholdings may include, but are not limited to, interest, dividends, or other payments the City of Placentia and/or the Placentia Redevelopment Agency made to you. Other payments may include rents, royalties, commissions and fees for service of non-employees.
lf you are exempt from income tax, we are still required, by law, to maintain a Tax ldentification Number on file. PLEASE PROVIDE YOUR TAX IDENTIFICATION NUMBER next to the appropriate listing below, sign, date and return to:

CITY OF PLACENTIA FINANCE DEPARTMENT
401 E. Chapman Ave.

Placentia, CA 92870
Exempt Yes- No-)O( Telephone ( 714 )
CORPORATION: R.J. NOBLE COMPANY TAX ID 33-0866299
U.S.A. OR ANY AGENCIES THEREOF: N/A
SOLE pROpRtETOR. N/A
A PARTNERSHIP. N/A
OTHER: N/A (Explain)
Signature/Title

STEVE ZA

VICE PRESIDENT
637 -1550
D-23
IRS CODE #501 TAX-EXEMPT ORGANIZATION: NiA
A NON.COMMISSIONED CITY OF PLACENTIA 5YP16YE5' N/A
Date: 0911812025
41 Bond No. 30259221
Executed in Triplicate

CITY OF PLACENTIA

PERFORMANCE BOND
KNOWALL MEN BY THESE PRESENT: That,
\A/I-IEREAS, the CITY OF PLACENTIA (hereinaffer called the "City') has awarded to R.l. NOBI E COMPANX a California corporation (hereinafter "Principal"), an Agreement, dated QQ@f1h,2025,20- ("Agreement"), whereby Principal agreed to provide conslruction services including _ FY 2024-2025 Residential Street Rehabilitation Proiect / Citv Proiqct No. 26-104.

WHEREAS, the Public Work to be performed by the Principal is more particularly set forth in the Agreement which is incorporated herein by reference and made a part hereof; and WFIEREAS, said Principal is required under the terms of the Agreement to fumish a bond for the faithful performance of the Agreement;
R.I. NOBLE Western
NOW THEREFORE, we, coMPANY , as Principal, and Surety Company as Surety, are held and firmly bound unto the City in the sum of *Dollars ($ t-), this amount being not less than one hundred percent (100%) of the total contract price under Agreement, lawful money of the United States of America for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors jointly and severally, firmly by these presents.
*One Million Nine Hundred Seventy-Two Thousand Nine Hundred Fneen Dollars and O5/1OO Cents -(S1'972'915-05) THE CONDITION OF THIS OBLIGATION lS SUCH THAT, the obligation shall become null and void if the above-bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by well and truly keep and perform all the undertakings, terms, covenants, conditions, and agreements in the said Agreement and any alteration thereof, made as lherein provided, all within the time and in the manner therein designated and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officer, agents and employees, as therein stipulated; othemise it shall be and remain in full force and virtue.

As a part of the obligation secured hereby, and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys'fees, incurred in successfully enforcing the obligation on the bond, all to be taxed as costs and included in any judgment rendered.

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modificalion of the Agreement, the contract documents or of the work to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extensions of time, alteration or modification of Agreement, the contract documents or of the work to be performed thereunder.

Surety's obligation shall be a guarantee of payment and performance and shall not be diminished by any bankruptcy or reorganization in bankruptcy or liquidation or the result of the foregoing or otheMise of Principal. Accordingly, the filing of any petition in bankruptcy or for rearrangement or reorganization or liquidation (or proceedings similar in purpose or effect) of Principal under any Federal or State laws ("lnsolvency Case") will not toll or delay the date due for payment or performance hereunder as more particularly specified in of the Construction Management Agreement. The City shall be not be required to await the outcome of an lnsolvency Case or to enforce any of their respective rights under the Agreement, respectively, prior to D-24
42 obtaining payment in full from Surety, lf for any reason payment received by the City in respect of the obligations of the Principal under the Agreement guaranteed pursuant to lhis bond is rescinded or must be retumed or restored by the City, this bond shall be automatically reinstated and shall continue to be in effect as if such payment had not been made. . Collection of liquidated damages by City due to Principal's failure to timely achieve Substantial Completion shall not limit, modify, or act as an offset or credit against Surety's obligation to anange for or cause the completion of the Public Work as and when required by the Agreement. lN WTNESS WHEREOF three (3) identical counterparls of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety named herein, on the 18th day of SePtember .20 25 , the name and corporate seal o{ eac'h corporate party being hereto affixed and these presents duly signed by its undersigned representatrve pursuant to authority of its governing body. (Seal)(Seal)
PRINCIPAL:R.J. NOBLE COMPANYSURETY: Western Su Com
By X Byx
Kelly Vincent, Attorney-in-Fact STEV L. ME OZA, VICE PRESIDENT 2 Park Plaza,uite 400 JENNIF M GA, SECRETARY
lrvine, CA 92614
I5505 E. LINCO cA 92865ADDRESS

APPROVED
ADDRE
Two (2) Notarized Signatures required
from all Corporations.
3 4

CITY ATTORNEY

INSTRUCTIONS
The above bond must be executed by both the Principal and the Surety. lf the Principal is a corporation, the bond must be executed in the corporate name and signed by the President or a Vice-President and the Secretary or Assistant Secretary, and the corporate seal affixed. lf the Principal is a partnership, all partners must sign it. lf the Principal is an individual doing business under a fictitious name, it must be signed by all persons having an interest in the business, and the fictitious name must be signed also.

The bond must be notarized by both the Principal and the Surety.

The City Attorney of the City of Placentia must approve the bond.

The bond, afier approval, must be filed with the City Clerk of the City of Placentia. o-25
x

1. 2.
43 CALIFORNIA ACXNOWLEDGMENT crvrl coDE 5 1t89
Anotary publk or otier otlicer completing this certilicate veriries only the identity ol the individuallyho signed thedocument to which this certiricate is attached. and not the trulhfulness. accurary. or validity ofthat document.

County of ORANGE )
State of California
gn 0911912025
Oote
personally appeared STEVEN L. MENDOZA
Nome(s) ol Signe4s)
who proved to me on the basis of satisfactory evidence to be the personH whose namem iy*X.subscribed to the wilhin instrument and acknowledged to me that hexren €Xexecuted the same in hiVtEl(frtsX aulhorized capaciry{ts{ and that by hismr)am( signatureG) on the instrument the personm, or the entity upon behalf o, which the personm aded, executed the inslrument. @#fi$:{il,;,,
I certify under PENALTY OF PERJURY under the
laws of the State of Calilornia that the foregoing
paragraph is true and correct.

WITNESS my hand and otficial seal.

Signature
Ploce Notory Seol ond/or Stomp Above Signoturc of Notory Public

OPTIONAL
Completing this informotion con deter olterotion of the document or froudulenl reottochment of this form to on unintended document.

Dcscriptlon of Attached Oocument
Tille or Type o, Document:

Document Date:Number of Paoes:
signe(s) Other Than Named Above:

Capaclty(ies) Claimed by Sign (s)
Signer's Name:
tr Corporate Officer - Tatle(s):o Corporate Officer - Title{s):
tr Partner - o Limited f] General
tr lndividual tr Aftorney in Fact
o Trustee El Guardian or Conse ator
tr Partner - tr Limited tr General
tr lndividual o Attorney in Fact
tr Trustee El Guardian or Conseryator
D Other:tr other:

Signer is Representing Signer is Representing
42019 National Notary Association
bafor. r",
Here lnsetl Nome ond fitle ol the Otficer
Signer's Name:
44 callFonxlA AcftaoultDo ENT crvrL coDE 5 1189
A notary public or other officer completing this certilicate verifies onlythe identity of the individualvrho signed the document to which this certificate is attached. and not the truthrulness. accuracy. or validity of that document.

State of California
ORANGE
g^ 091t912025 before me, JADELIN ptOHIA, NOTARY PUBLIC
Dole Here lnseft Nome ond Title ol the Ofticer
personally appeared JENNIFERM. VEGA
Nome(s) of Signe(s)
who proved to me on lhe basis of satisfactory evidence to be the person00 whose namel0 iVitXsubscribed to lhe within instrument and acknowledged to me thalxxlshetrDexexecuted the same inXiPherIB6X authorized capacity{X{. and thal by !(Yherxm( signatureo$ on the instrument the personfl, or the entity upon behalf of which the persono0 acted. executed the instrument. )
@
JAotL[a Ptol{a
Not.ry Publi( - C.tiforni.

Or..ie County
Commiiilon r 2,at6n2
Cornm. tupirerlp. 12, 2OZt
I certify under PENALW OF PERJURY under the
laws of the State of Calilornia that the foregoing
paragraph is lrue and correct.

WTNESS my hand and official seal.

Signature
Ploce Notory Seol ond/ot Stomp Above Signoture ol Notory Public

OPTIONAL
Completing this informotion can deter olterotion of the document or froudulent reoftochment of this form to on unintended document Description of Attached Documenl
Title or Typ€ of Document:

Signer(s) Other Than Named Above
Capacity(iesl Claimed by Signer(s)
Siqner's Name:
o Corporate Officer - Tltle(s):tr Corporate Officer - Title(s):

DocumentDate: Number of Pages:
-
o Partner - o Limited tr General
O lndividual O Attorney in Fact
o Trustee tr Guardian or Conseryator
tr Partner - El Limited tr General
tr lndividual o Attorney in Fact
El Trustee o Guardian or Consewalor
tr Other:tr Other:

Signer is Representing:Signer is Representing
q2019 National Notary Association
County of
Signer's Name:
45 ALL. PURPOSE

CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other offlcer completing this certilicate 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.

County of Orange
ttes before me,
)
)
Susan E. Morales, Notary PublicOn
aHR insdl n*. and litb .l rh. ofi6,
personally appea re( Kelly Vincent
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isrhrc subscribed to the within instrument and acknowledged to me that dshefthey executed the same in tris/her/their authorized capacity@, and that by ffiherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
4rro",-, Z . r-l-"2*
Notary Public Signature
oF
tU
SUSAN E. MORALES
COlviM. #2444309
NOTARY PUSLIC. CALIFORNI

ORANGE COUTITY
m+Ao
(Notary Public Seal)

ADDITIONAL OPTIONAL INFORMATION

DESCRIPTION OF THE ATTACH OCUMENT
iTlte ol ataded
fTide or desc'rption of attacied documqrt co.[inued)
NumberofPages 4 o,r:u entoate F 0.d

INSTRUCTIONS FOR COMPLETING THIS FORM
Thislorm conplrcsrirh cuftent Cauornfu, sratuks rcgading,ataD *oding aid. { neebd. should be conpbted o, otto.lcd to iE docl,nEnt Acbtoh'edgen s lron othet stales ,na! be coripleted lor doa/menls bug senl to lhat stote so long as tlE i o nE det not .equirc the Caryo ia notary to 1)iolote Caliornn nota,y L7,. . Sra(e and Counry informaron must b€ rh€ Sare and Counq utrrc lhc docum.nt signe(s) peEonall]' app€ar.d before thc norar] public for ackno*'lcdgnent . Datc ofnotanzatlon must bc the datc d|at the sigDer(s) pcrsoDally appcar€d utrch must also b. th. same date thc ackno$,ledtment rs completed . The notar) public mus( pnnt his or h.r narne as rt app€ars urthrn his or her commislicn followEd b.v a comma and thcn ]our rnlc (notarl ptrblic) . Pnnt the namds) of docummt sgl|c(s) \lto pcrsonally appea, al th€ trme of nolanzalion.
. lndicate the cone.t singular or plural forns b] cro&sing off rncorcct forms (r c her'she,4h.fr is /aIe ) o( circling the corrccl forms. Failurc to corrc.tl] indicatc lhls rnfofination mar- lcad to rej.ctior ofdocurnmt recording . Thc notar) seal imp.ession mun b. cl.ar and photogaphically r.producrble Impressio, must not covcr t }1 or lincs If seal imprcssion smudges, rr-s€al if a sulicient arca p.rmits- oth.n rs€ cornplctc a diffseat acknou{edgmmt form . SrSnatur. of th€ norat public musl match the sgnaurc on file wilh fic ofiicc of thc counr) clcrk
+ Addrtronal informdrcn is not rcqured but could hclp to ensure rhrs ackno\rledgment is not misrsed or attachcd to a drffercnt documart t lndrcat trtle or !?€ ofa$ahcd docurnent number ofFg6 ard datE + lndrcarc ole capacrt) claimed b] the signer lfthe claim.d capaci\' rs a corporate officcr. indicate lhe lrtlc {i.€ CEo, CFo, s€crda4 ). . S.curely attach this documcnt to the signed do.ument wrth a st3ple.NotarvClasses

CAPACITY CLAIMED BY THE SIGNER
tr lndividual (s)
E Corporate Ofilcer
(TiSe)
Partner(s)
Attomey-in-Fact
Trustee(s)
Other
!
m
tr
!
State of California
MY COIIM. Erpircs Ap.il 14, m27
46 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY.IN.FACT Ktrow All M.r By ThCr. Prts.trls, Thal WESTERN SURETY COMPANY. a South Dakota corporario4 is a duly organized and existing corpontion having ils principal offic€ in the City ofsioux Falls, and Stale of South Dakota and that it does by virtue ofthe signature and seal herein afExed hereby make, constitule and appoint David S Jecobson, Kelly Vincen! lndividually
ofAnaheim, CA, ils ttue and lawful Attom€y(s)-in-Fact with full power and authority hercby c.nfened to sign, s€al and execute for and on ils behalf bonds, undertakings and olher obligalory instrurnenb of similar nature
- In Unlimited Amounts -
and to bind il thcreby as fully .nd to th€ sarne extenl as if such instrumenls were sigred by a duly authorizcd o6ic€r of lhe corporation and all lhe acts of said Attomey, pursuelr to the authority hereby giv€rl a.e hercby ratified and confirmed.

This Power of Atlomey is made and executcd pursudrt to and b) authority of lhe Authorizing By-Laws and Resolutions printed at lhe botrom of this page. duly adopteq as indicded, by the shstEhold€$ ofthe corporation. lo WitnclB Wbcrcof, WESTERN SURETY COMPANY has caused lhese presents to be signed by its vice Prcsidenr and its c.rporate s€al to be hercto affxed on this 29th dar., ofJuly.2024

WESTERN SURETY COMPANY
Larry Kaslen. Vic€ Presidenl
Stare ofSoulh Dakota
County of Minnehaha
and affixed lhc seal ofthe said corporation this da)
V\6stern Surety Company
i .BENT i
,@lsm#,tf@i n B,*
/fr
)ss
On this 29ah day ofJuly, 2024. beforc me personally came Lary Kasteo, to me known. who. being by rne dul) s$om. did depose and say: Ihar he resides in the Ciq' ofsioux Falls. SIale ofsouth Dakotal that he is a Vice P.esident ofWESTERN SURETY COMPANY described in and rhich €xecuted lhe above insftumenti that he knows the seal of s3id corporstion; that lhe seal affxed to the said insfument is such corporate seal; that it r*as so afixed pursuanl to authority tiven by lhe Board of Directors of said mrpotalion and thal he signcd his name lhereto pursuant to like authoity, and acknowledges sarne to be the act and dced of said corporation.

M. Benl Notary Public

CERTIFICATE
I, Psula Kolsrud Assista S€cllta.y of WESTERN SURETY COMPANY do hereby ceniS thal lhe Power of Atrom€y hercinabove set fo is still in force, s! furrher ccrtiry thal lhe By-Law and Resolutions ofthe t€d below lhis cenificale are slill in fiorce. ln leslir|ony wher€of I have heraunm subscriH my namep2r-

WESTERN SURETY COMPANY
oQarur"d
Kolstud, Assigafl SecrEtar)
Authorizing By-t arvs rnd Rcsolutions
ADOP]ED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Powe. ofAttom€y is made and executed pursuant to ard by authority oflhc following By-Law duly adopted by lhe shareholdcrs ofthe Cor,pary.

Secton 7. Allbonds, policies, undertakings, Powe6 ofAttomey, or other obligations oftlE mrporalion shall be ex€cuted in lhe corlorate narne ofthe Company by the Presidcnl, S€cretary, and Assistelt SecrEtary, Treasurer, or any Vice PrEsident. or by such other offic€rs as the Board of Directo6 may afihorize. Th€ President, any Vice Prcsidcn! Sectetary. aty Assislart Secretary. or the Treasurer may appoinl Alomeys in Fact or agents who shall have authority to issue bonds, policies. or undenakings in rhe name of$e Company. Tlre co,porate s€al is not necessar) fo, the validity of any bonG. policies. undertakings. Powe.s of A(omey or otlrcr obli$rions of th€ corpordion. The sigtature ofany such offoer and the corporate se6l may be printed by facsimile.

This Power ofAttorn€y is siped by Larry Kasten, Vic€ President. who has be€n authorized pulsuant to lhe abovc Byla* to execute power ofattomcys on b€halfofwestem Surcty Company.

Resolution adopted by the Board of Dircclon ofthe Company b, unanimous rititten consent daled the 27h day of Apil. 2022:
*RESOLVED: Thar it is in th€ best interest ofthe Company to periodically ratiry and coniirm any corporale documents signed by digital signatures and to ratiry and confim lhe us€ ofa digit l or otherwise electronic-formatted corporate seal, each to b€ consi&red the act and deed oflhe Compary." Go to !84!.9.8!qIf!.gSq > Owmr / OHit.. S.rvi..s > V.lid.t BoEd Cov.r.gc, ifyou wrot to v.rify botrd .utbcnticity.

Fd1,n F42@$-Zt3
P
se lv
My commission expircs
March 2,2026
47 BID GUARANTEE

TO THE CITY OF PLACENTIA
PROJECT NO. 26-104
As a material inducement to the City to award the contract for Project No. 26-104 to R.J . NOBLE COMPANY the und ersigned ("Guaranto/) has agreed to enter into this guarantee. The Guarantor hereby unconditionally guarantees to the fullest extent allowed by law the following work included in this project: FY 2024-205 RESIDENTIAL (the work").

S'IREET REHABILTIATION
Guarantor guarantees that the materials and equipment used by itself and its subcontractors will be free from defects and that the work will conform to the plans and specifications. Should any of the materials or equipment prove defective or should the work as a whole, or any part thereof, prove defective for any reason whatsoever (except due to intentional torts by the City), or should the work as a whole or any part thereof fail to operate properly or fail to comply with the plans and specifications, Guarantor will, at the city's sole election: 1) reimburse the city, upon written demand, for all of the city's expenses incurred replacing or restoring any such equipment or materials, including the cost of any work necessary to make such replacement or repairs; or 2) replace any such defective material or equipment and repair said work completely, all without any cost to thebity. Guarantor further guarantees that any such repair work will conform to the plans and specifications for the project. This guarantee will remain in effect for five years ftom the date on which the contracted for work is accepted for use by the City.

Guarantor understands and agrees that the City shall have the unqualified option to make any replacements or repairs itself oi to have such replacement, repair, performed by the undersigned.

The City shall have no obligation to consult with Guarantor before the City proceeds to perform any rep;ir, replacement, oiwork itself. lf the City elects to have Guarantor perform said repair, replacement, or work, Guarantor agrees that the repair, replacement, or work shall be performed within 15 days after receipt of a written demand from the City. lf the city elects to perform the replacement, repairs itself, Guarantor agrees to make reimbursement payment within 15 days after receipt of a written demand for payment from the City.
lf the Guarantorfails or refuses to comply with this guarantee, the City shall be entitled to all costs and expenses, including attorneys and expert fees, reasonably incurred by reason of Guarantor's failure or refusal.

Contractor:R.J. NOBLE COMPAI.'{Y
Date. 09/18/2025
By x
D-26
Guarantor
TiTIa STEVEN L. MENDOZA, VICE PRESIDENT
48 STATEMENT OF NON COLLUSION BY CONTR,ACTOR
The undersigned who submits herewith to the City of Placentia a bid or proposal does hereby certiry a. That all statements of fact in such bid or proposal are true. b. That such bid or proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation. c- That such bid or proposal is genuine and not collusive or sham. d. That said bidder has not, directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interest of the City of Placentia or of any other bidder or anyone else interested in the proposed procurement. e. Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid or proposal, or that anyone should refrain from bidding or withdraw his bid or proposal.
f. Did not in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid or proposal price of said bidder or of anyone else, or to raise or fix any overhead, proftt or cost element of his bid or proposal price, or that of anyone else. g. Did not, direcfly or indirectly, submit his bid or proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member agent thereof, or to any individual or group of individuals, except to the City of Placentia, or to any person or persons who have a partnership or their financial interest with said bidder in his business. h- Did not provide, directly or indirectly to any officer or employee of the City of Placentia any gratuity, entertainment, meals, or anything of value, whatsoever, which could be objectively construed as intending to invoke any form of reciprocation or favorable treatment. i. That no officer or principal of the undersigned firm is related to any ofiicer or employee of the city by blood or marriage within the third degree or is employed, either full or part time, by the City of Placentia either currently or within the last two (2) years.

That no officer or principal of the undersigned firm nor any subcontractor to be engaged by the principal has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy or any other act in violation of any State or Federal antitrust law in connection with the bidding upon award of, or performance of, any public work contract, with any public entity, within the last three years.

I certify, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct and that this certification was executed:

On 09n8t2025 at ORANGE California
F ;16 R.f. NOBLE COMPAI'{Y x
rgna
I5505 E. LINCOLN AVENUE MENDOZA, VICE PRESIDENT
)
City ORANGE State CA 92865
STE
(Print Name & Title)
D-27
49 cALtFOnXh AC(XOUTCDC EXT crvrl coDE ! lt89
A nolary public oro$erotficer completingthis cerlificate verifies only the identity of the individualwho signed thedocument to rrhich this cenmcate is anached. and not the ttuthfulness. accutacy, or validity of hal document.

State of California
County of ORANGE
sn 0911912025
D€te
before me.JADELIN PIOHIA, NOTARY PUBLIC
Here lnseft Nome ond Title of the Officet
personally appeared STEVEN L. MENDOZA
Nome(s) ol Signeds)
who proved to me on the basis of satisractory evidence to be the personH tYhose namefi) iy*Xsubscribed to the within instrument and acknowledged to me that hefitre rexexecuted the $me in his/tE)@6XX authorized capaciMxlL and that by hisxnrxm( signature0$ on the inslrument the personm' or the entity upon behalf of which the personm acted. execuled the instrument. @.,.#ilff#fi,,
I certify under PENALTY OF PERJURY under the
laws of the State ol Calilornia that lhe foregoing
paragraph is true and correct.

W|TNESS my hand and official seal.

Signature
Ploce Notory Seol ond/or Stomp Above Signoture of Notory Public

OPTIONAL
Comptetng this in/€rmotbn con deter olterotion ol the clocument or ftouctuEnt eottochment of this tofin to on unintended document Dcscdpdon of Att chcd Document
TiUe or Type of Document
DocumentDate: NumberofPages:-
Signe(s) Other Than Named Above:
capaclMl..) Clrlmcd by slgn (31
Signer's Name Signer's Name:
tr Corporate Otticer - Title(s):o Corporate Officer - Title(s):
5 Partner - El Limited o Genelai
tr lndividual o Attorney in Fact
tr Trustee o Guardian or Conservatol
El Parlner - tr Limited O General
tr lndividual tr attorney in Fact
o Trustee o Guardian or CooseNator
tr other:tr other
Signer is Representing; .- Signer is Representing
02019 National Notary Association
50 EXHIBIT A

SCOPE OF SERVICES
The general items of work consist of: construction of ARHM pavement, cold mill, AC pavement reconstruction, striping, markings, and pavement legends, adjust to grade existing manholes, adjust to grade existing water valves, protect existing utilities, and such other items or details, not mentioned above, that are required to complete the project. All construction work shall be in accordance with the poect bid documents, plans, technical specifications and all other references as depicted in strict adherence to the latest Greenbook, City's standards and all other State and utility agency speciflcations.

D-28
51 Agreement.

Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "schedule of Performance" attached hereto as Exhibit "B", and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the scope of services may be approved in writing by the contract Officer.

Force Maieure. The time period(s) specffied in the Scope of Servlces for performance offie services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Coniractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, fteight embargoes, wars, litigation, and/or acts of any governmental agency, including.lhe city, if the Contra-aor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and 'ri in the judgment of the Contract Officer such delay is justified. The Contract officer,s determination shall be final and conclusive upon the parties to this Agreement.

EXHIBIT B

SCHEDULE OF PERFORMANCE
All work must be complete within g!5fl!Q) working days from the issuance of the Notice to Proceed.

Time of Essence. Time is of the essence in the performance of this @ Unless earlier terminated in accordance with Section 8.9 of this Agreement, this AgreemenfEEEil continue in full force and effect until final approval and acceptance of the proleA by the Contract Officer. Notwithstanding the foregoing, this Agreement shall terminate no iater than October 7, 2026, unless the parties mutually agree in writing to extend the term.

D-29
52 Contractor shatl maintain and shall require all its subcontractors, consultants, and other agents to maintain the insurance listed below. Any requirement for insurance to be maintained after completion of the work shall survive this agreement.

CITY reserves the right to review any and all of the required insurance policies and/or endorsements but has no obligation to do so. Failure to demand evidence of full compliance with the insurance requirements set forth in this agreement or failure to identiry any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this agreement.

A. Workers Comoensation & Em olovers Liabilitv lns urance Workers Compensation insurance with statutory limits as required by the Labor Code of the State of California.

Employers Liability with limits of $1,000,000 per Accident; $1,000'000 Disease per employee; $1 ,000,000 Disease per policy.

The policy shall include a written waiver of the insureds right to subrogate against ctw.

Required Evidence of Coverage:

1. Subrogation waiver endorsement; and

2. Properly completed Certificate of lnsurance.

General Liabilitv lnsurance
. Commercial General Liability lnsurance no less broad than lnsurance Services Office (lSO) form CG 00 01.
. Coverage shall be on a standard occurrence form. Claims-Made forms are not acceptable without prior written consent. Modified, limited or restricted Occurrence forms are not acceptable without prior written consent- . Minimum Limits: $1,000,000 per occurrence: $2'000'000 General Aggregate; $2,OOO,O0O Products/Completed Operations Aggregate. The General Aggregate D-30

EXHIBIT C

INSURANCE REQUIREMENTS
tt.
53 shall apply separately to each project. The required limits may be provided by a combination of General Liability lnsurance and Commercial Excess or Umbrella Liability lnsurance. lf contractor maintains higher limits than the specified minimum limits, CITY requires and shall be entitled to coverage for the higher limits maintained by contractor.

Any deductible or setf-insured retention shall be shown on the Certificate of lnsurance. lf the deductible or setf-insured retention exceeds $25,000 it must be approved in advance by CITY. Contractor is responsible for any deductible or self-insured retention and shall fund it upon CITY'S written request, regardless of whether Contractor has a claim against the insurance or is named as a party in any action involving CITY.

Coverage shall be continued for one (1) year after completion of the work.

CITY shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf ofthe contractor. CITY shall continue to be an additional insured for completed operations for (1) year after completion of the work.

The policy definition of "insured contract" shall include assumptions of liability arising out of both ongoing operations and the products-completed operations lvzard ("f definition of insured contract in ISO form CG 00 01' or equivalent).

The insurance provided to the additional insureds shall be primary to, and non- contributory with, any insurance or self-insurance program maintained by them The policy shall cover inter-insured suits and include a "Separation of lnsureds' or "severability" clause which treats each insured separately.

The policy shall be endorsed to include a written waiver of the insurer's right to subrogate against all persons or entities that are, or are required to be, additional insureds.

The policy shall not contain a Contractors' Warranty or other similar language which eliminates or restricts insurance because of a subcontractor's failure to carry specific insurance or to supply evidence of such insurance.

Required Evidence of Coverage:

1. Copy of the additional insured endorsement or policy language granting additional insured status; (The City of Placentia, its officers, employees, representatives, attorneys, and volunteers shall be named D-31
54 as additional named insureds with respect to: liability arising out of activities performed by or on behalf of the Contractor and all Subcontractors pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Contractor and all Subcontractors; automobiles owned, leased, hired, or borrowed by the Contractor and all Subcontractors.)

2. Copy of the endorsement or policy language indicating that coverage applicable to the additional insureds is primary and non-contributory;

3. Properly completed Certificate of lnsurance; and

4. Completed and signed AgenuBroker Questionnaire with supporting documentation as required.

C. Automobile Lia bilitv lnsurance
Minimum Limit $1,000,000 combined single limit per accident.

Coverage shall apply to all owned, hired and non-owned vehicles.

CITY shall qualify as an insured.

Required Evidence of Coverage:

1. Copy of the endorsement or policy language indicating that Clry is an insured; and

2. Properly completed Certificate of lnsurance.

D. Contra cto rs Pol utio n Liabil lnitv slirance
Minimum Limits: $'1,000,000 per Pollution lncident; $1,000,000 Aggregate; Coverage shall apply to pollution incidents at or ftom any location at which Contractor is performing work under this agreement.

Any deductible or self-insured retention shall be shown on the Certificate of lnsurance. lf the deductible or setf-insured retention exceeds $25,000 it shall be approved in advance by CITY. Contractor is responsible for any deductible or self-insured retention and shall fund it upon CITY written request, regardless of whether Contractor has a claim against the insurance or is named as a party in any action involving CITY.

CITY shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the Contractor. Additional insured status shall continue for one (1) year after completion ofthe work. u-31
55 The insurance provided to the additional insureds shall apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by them.
lf the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of work.

The insurance shall be continued for one (1) year after completion of thework. lf the insurance is on a Claims-Made basis, the continuation coverage may be provided by: (a) renewal ofthe existing policy; (b) an extended reporting period endorsement: or (c) replacement insurance with a retroactive date no later than the commencement of the work.

Required Evidence of Coverage:

1. Copy ofthe additional insured endorsement or policy language granting additional insured status;

2. Copy ofthe endorsement or policy language indicating that coverage for the additional insureds is primary and non-contributory;

3. Properly completed Certificate of lnsurance.

E. Surety Bonds
Bid bond.

Performance and payment bonds for the entire contract price.

The surety must be authorized to issue these bonds in the State of California Standards for lnsurance Companies
o lnsurers, other than the California State Compensation lnsurance Fund, shall have an A.M. Best's rating of at least A:Vll.

Doeumentatioo
The Certificate of lnsurance shall include the following reference: FY 2O24-2025 RESIDENTIAL STREET REHABILITATION PROJECT, CITY PROJECT NO. 26-104
The name and address for Additional lnsured endorsements and Certificates of lnsurance is: City of Placentia
Contractor shall provide immediate written notice if: (1) any of the required F
D-33
56 insurance policies is terminated; (2) the limits of any of the required policies are reduced; or (3) the deductible or self-insured retentlon is increased.

Cunent Evidence of Coverage shall be provided for the entire required period of insurance.

Upon written request, certified copies of required insurance policies shall be provided within thirty (30) days.

D-34
57 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:CONTACT
(A/C, No):FAX
E-MAILADDRESS:

PRODUCER
(A/C, No, Ext):PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT

EROTH-STATUTEPER

LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED $PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
9/18/2025
Acrisure Southwest Partners Insurance Services, LLC
611 Anton Blvd., Suite #1400
Costa Mesa, CA 92626
949-486-7904
www.patrisk.com 0K07568 Travelers Property Casualty Company of America 25674 A 1,000,000VTJ-EXGL-9F338142-TIL-25 7/1/2025 7/1/2026
1,000,000
3 5,000
3 1,000,000
2,000,000
3 Contractual Liability
2,000,0003
A VTC2E-CAP-9F338154-TCT-25 7/1/2025 7/1/2026 2,000,000 3 3 3
A CUP-4R630983-24-25 7/1/2025 7/1/2026 10,000,0003
10,000,000Policy Follows Form Over3
Underlying General Liab.

A UB-7N939386-25-25-K 7/1/2025 7/1/2026 3
1,000,000N
1,000,000
1,000,000
A Auto Physical Damage VTE-BAP-9F338166-TCT-25 7/1/2025 7/1/2026 $10,000 Ded Comp & Collision Dave Jacobson
Annette Romero
[email protected]
R. J. Noble Company
15505 Lincoln Avenue
P.O. Box 620
Orange CA 92856-9020
87225583
3 3
33 3 3
3 City of Placentia, its officers, employees, representatives, attorneys, and volunteers are named as Additional Insured as respects to General Waiver of subrogation applies and in favor of Additional Insureds. Excess/Umbrella follows form over GL, Auto and EL.

City of Placentia
401 E. Chapman Ave.

Placentia CA 92870
Re: FY 2024-2025 Residential Street Rehabilitation / City Project #26-104 Liability and Auto Liability per endorsement attached where required by written contract. Coverage is Primary and Non-contributory and 30 days notice of cancellation, 10 days for non-payment of premium. 87225583 | 25/26 - GL/AU/EXC/WC | Annette Romero | 9/18/2025 12:38:33 PM (PDT) | Page 1 of 14 58 R. J. Noble Company
VTJ-EXGL-9F338142-TIL-25
87225583 | 25/26 - GL/AU/EXC/WC | Annette Romero | 9/18/2025 12:38:33 PM (PDT) | Page 2 of 14 59 87225583 | 25/26 - GL/AU/EXC/WC | Annette Romero | 9/18/2025 12:38:33 PM (PDT) | Page 3 of 14 60 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY –
OTHER INSURANCE CONDITION – DESIGNATED

ADDITIONAL INSUREDS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE OF DESIGNATED ADDITIONAL INSUREDS

PROVISIONS
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available to an
additional insured under your policy that is shown in
the Schedule Of Designated Additional Insureds
provided that:
(1)The additional insured is a Named Insured under
such other insurance; and
(2)You have agreed in writing in a contract or
agreement that this insurance would be primary
and would not seek contribution from any other
insurance available to the additional insured.

POLICY NUMBER:

CLAIMS PROCEDURE
SUMMARY OF PUBLTC CONTRACT CODE S 9204
The following procedure will apply to any claims by the Contractor on the City:

A "claim" is a separate demand on the City by a contractor on a public works project and sent by registered mail or certified mail with return receipt requested, for one or more of the following:
. A time extension, including relief from penalties for delay . Payment by the City of money damages under the terms of the contract . Payment of an amount that is disputed by the City
lnitial Review
The claim must be supported by appropriate documentation. The City has 45 days within which to review the claim and provide the contractor with a written statement identifying the disputed and undisputed portions of the claim. lf the City does not issue a written statement, the claim is deemed rejected in its entirety. The City will pay any undisputed portion of the claim withan 60 days of issuing the statement.

Meet & Confer
lf the contractor disputes the City's written response, or if the City does not issue one, the contractor may request in writing an informal conference to meet and confer for possible settlement of the claim. The City will schedule the meet and confer conference within 30 days of this request and provide a written statement identifying the remaining disputed and undisputed portions of the claim within 10 business days of the meet and confer. The City will pay the undisputed portion within 60 days of issuing this statement.

Mediation
With respect to any disputed portion remaining after the meet and confer, the City and contractor will submlt the matter to nonbinding mediation, agree to a mediator within 10 business days after issuing the written statement, and share mediation costs equally. lf mediation is unsuccessful, then the terms of the public works agreement and applicable law will govern resolution of the dispute.

Miscellaneo s Provisions
Amounts not paid by the City in a timely manner bear interest at 7% per annum. Subcontractors may submit claims via this procedure through the general contractor. The City and contractor may waive the requirement to mediate but cannot otherwise waive these claim procedures.

D-35
72

Placentia City CouncilOctober 7, 2025

Placentia City Council
October 7, 2025