City Council/Public Financing Authority
June 17, 2025

FULL SWING
-CONSTRUCTION, INC

UNANIMOUS WRITTEN CONSENT OF THE SOLE DIRECTOR
Full Swing Construction, Inc.

A California Corporation
The undersigned, being the sole Director of Full Swing Construction, Inc., a corporation organized and existing under the laws of the State of California, does hereby adopt the following resolution by written consent without a meeting, pursuant to the bylaws of the corporation and the applicable provisions of the California Corporations Code.

RESOLUTION
RESOLVED, that the undersigned, as the sole Director and Shareholder of the Corporation, hereby authorizes and empowers James D Endsley, as President of the Corporation, to act on behalf of the Corporation with full authority to enter into, sign, and execute contracts, agreements, and any other legally binding instruments or documents necessary to carry out the business affairs of the Corporation, including the authority to make representations, enter negotiations, and legally bind the Corporation in any jurisdiction, with the same force and effect as if approved by the Board of Directors at a meeting duly convened.

This resolution shall be effective as of February 2nd 2011, and shall remain in full force and effect until amended or rescinded by the Director.

IN WITNESS WHEREOF, the undersigned has executed this Unanimous Written Consent as of the date first written above.

James D Endsley, Sole Director
Full Swing Construction, Inc.
12771 Lewis St.

Garden Grove, CA. 92840
(714)536-4440
License# 963393

CERTIFICATION BY SECRETARY
1, James D Endsley, Secretary of Full Swing Construction, Inc., hereby certify that the foregoing is a true and correct copy of a resolution duly adopted by the Sole Director of said corporation on February 2nd 2011, and that said resolution has not been amended or rescinded and remains in full force and effect as of the date hereof.

James D Endsley, Secretary
Full Swing Construction, Inc.
12771 Lewis St.

Garden Grove, CA. 92840
(714)536-4440
License# 963393

FULL SWING
-CONSTRUCTION, INC-

EXHIBIT A
Articles of Incorporation
The following pages contain a true and correct copy of the Articles of Incorporation of Full Swing Construction, Inc., filed with the California Secretary of State. This document in support of the Corporate Resolution authorizing contract execution.

Submitted by:

Full Swing Construction, Inc.

Date: May 30, 2025
James D Endsley, Sole Director
Full Swing Construction, Inc.
12771 Lewis St.

Garden Grove, CA. 92840
(714)536-4440
License# 963393
3357028
•

ARTICLES OF INCORPORATION
OF
Full Swing Construction, Inc.
-.. FEB 02 2011
The name of this corporation is,
Full Swing Construction, Inc.

II
The purpose of the corporation is to engage in any lawtul act or activity for which a corporation may be organized under the General Corporation Law of California other than the banking business, the trust company business or the practice of a profession permitted to be incorporated by the California Corporations Code.

The name and address in the State of California of this corporation's initial agent for service of process is; :

James Donald Endsley
7861 16th street
Westminster, CA 92683
IV
This corporation is authorized to issue only one class of shares of stock which shall be designated "common stock", and the total number of shares which this corporation is authorized to issue is 10,000 shares.

V
The liability of the directors of the corporation for montary damages shall be eliminated to the fullest extent permissible under California Law.

The corporation is authorized to provide indemnification of agents (as defined in Section 317 of the California Corporations Code) for breach of duty to the corporation and shareholders through bylaw provisions or through agreements with the agents, or both, in excess of the indemnification otherwise permitted by Section 317 of the California Corporations Code, subject to the limits on such excess indemnification set forth in Section 204 of the California Corporations Code.

Date: 2/1/11
James Donara Enasier, Incorporator

CITY FUNDED CONSTRUCTION CONTRACT BETWEEN

THE CITY OF HUNTINGTON BEACH AND

FULL SWING CONSTRUCTION INC
FOR
POLICE DEPARTMENT WOMEN'S LOCKER ROOM IMPROVEMENTS, CC-1708 THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and FULL SWING CONSTRUCTION INC , a
California _ corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as Police Department Women's Locker Room Improvements in the City of Huntington Beach; and
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows:

STATEMENT OF WORK: ACCEPTANCE OF RISK
CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner.

CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the 16-5195/City Funded Construction Contract.docx - revised 04/2016 prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal.

ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND

SPECIFICATIONS
CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), has inspected the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY.

It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement.
"Contract Documents" as defined herein mean and include:

A. This Agreement;
B. Bonds covering the work herein agreed upon;
C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Department of Public Works of CITY, and any revisions, amendments or addenda thereto; 2 16-5195/City Funded Construction Contract.docx - revised 04/2016 D. The edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee as specified in the particular Plans, Specifications, Special Provisions and Addendum applicable to the Project; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both.

In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Director of Public Works of CITY or his or her written designee (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense.

Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3 16-5195/City Funded Construction Contract.docx - revised 04/2016

3. COMPENSATION
CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not exceed One Million Ninety-Nine Thousand Four Hundred Seventy-Seven Dollars ($ 1,099,477.00 _), as set forth in the Contract Documents, to be paid as provided in this Agreement.

COMMENCEMENT OF PROJECT
CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within One Hundred Sixty ( 160) consecutive Working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement.

TIME OF THE ESSENCE
The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents.

CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, 4 16-5195/City Funded Construction Contract.docx - revised 04/2016 subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises.

6. CHANGES
CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW.

When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly.

NOTICE TO PROCEED
No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY.

CITY does not warrant that the work will be available on the date the Notice to Proceed is issued.

In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability.
5 16-5195/City Funded Construction Contract.docx - revised 04/2016 BONDS
Only bonds issued by California admitted sureties will be accepted.

CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished.

In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion.

WARRANTIES
CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense.

10. INDEPENDENT CONTRACTOR
It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payrol! 16-5195/City Funded Construction Contract.docx - revised 04/2016 deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 1l. LIQUIDATED DAMAGES/DELAYS
It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as penalty, the sum of One Thousand Dollars (S 1,000 per each
calendar day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder.

CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes.

CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the 7 16-5195/City Funded Construction Contract docx - revised 04/2016 delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto.

Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay.

No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR.

12. DEMANDS FOR ADDITIONAL TIME OR MONEY.

A. Definitions.
(1) "Change Order" means a document signed by the CONTRACTOR and CITY which authorizes an addition, deletion or revision in the work, or an adjustment in the Compensation under Section 3, or the Completion Time specified at Section 4. (2) "Demand" means a written demand for a Change Order by the CONTRACTOR for any of the following:
(a) A time extension;
16-5195/City Funded Construction Contract.docx - revised 04/2016 (b) Payment of money or damages arising from work done by, or on behalf of, the CONTRACTOR pursuant to this Agreement and payment of which is not expressly permitted pursuant to Section 3 of this Agreement;
(c) Payment of an amount the CITY disputes;
(d) Any disputes and other matters relating to the acceptability of the work performed or the interpretation of the Contract Documents; (e) A request for a time extension or additional payment based upon differing site conditions, such as subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents, or unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the PROJECT; or (f) A request for a time extension or additional payment based upon acts of neglect by CITY or due to fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God.

B. A Demand for a time extension or payment of money or damages may only be granted by a Change Order.

C. No Change Order may be granted except where the Contractor has submitted a Demand to the DPW (or his or her written designee). All Demands shall be submitted promptly, but in no event later than thirty (30) days after the occurrence of the event giving rise to the Demand. The Demand shall be in writing and include all documents necessary to substantiate the Demand. The DPW shall act on the Demand within fifteen (15) days after receipt, including by requesting additional information from the CONTRACTOR to determine whether to approve the Change Order the Demand seeks. The DPW shall act on the Demand within fifteen (15) days 9 16-5195/City Funded Construction Contract.docx - revised 04/2016 after receipt of the additional information or within a period of time no greater than the time the CONTRACTOR took to produce the additional information requested, whichever is greater.

D. Notwithstanding the thirty (30) days to submit a Demand under Subparagraph C, in the case of differing or unknown site conditions, immediately upon encountering the conditions, CONTRACTOR shall notify the DPW in writing of the conditions, so that the CITY may promptly investigate the conditions.

E. If the CONTRACTOR disputes the DPW's written response on the Demand, or the CITY fails to respond within the time prescribed, the CONTRACTOR may so notify the City Engineer, in writing, either within fifteen (15) days of receipt of the City Engineer's response or within fifteen (15) days of the DPW's failure to respond within the time prescribed, respectively, and request an informal conference to meet and confer for settlement of the Demand.

Upon the CONTRACTOR's request, the DPW shall schedule a meet and confer conference within thirty (30) days to seek to resolve.

CITY and CONTRACTOR shall execute appropriate Change Orders covering changes to the time or price by executing the Change Order by mutual agreement. If the CITY and CONTRACTOR are unable to reach a mutual agreement, then the City Engineer shall issue a written decision on the claim within a reasonable time.

G. Following the meet and confer conference, if the Demand remains in dispute, the CONTRACTOR may file a claim with the City as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title I of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the CONTRACTOR submits his 10 16-5195/City Funded Construction Contract.docx - revised 04/2016 or her Demand until the Demand is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process.

13. VARIATIONS IN ESTIMATED QUANTITIES
The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant.

14. PROGRESS PAYMENTS
Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR.

When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such 16-5195/City Funded Construction Contract.docx - revised 04/2016 sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY.

Provided, however, that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work.

15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement.

16. AFFIDAVITS OF SATISFACTION OF CLAIMS
After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, 12 16-5195/City Funded Construction Contract.docx - revised 04/2016 or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California.

17. WAIVER OF CLAIMS
The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement.

A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774.

In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee.

B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work.

18. CALIFORNIA PREVAILING WAGE LAW
A. The CITY has ascertained from the Director of Industrial Relations of the Stale of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by 13 16-5195/City Funded Construction Contract.docx - revised 04/2016 resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee.

B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work.

19. CALIFORNIA EIGHT-HOUR LAW
A. California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT.

B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one 14 16-5195/City Funded Construction Contract.docx - revised 04/2016 (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815.

20. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE
Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT.

21. EMPLOYMENT OF APPRENTICES
Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT.

22. PAYROLL RECORDS
CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general.

23. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands, defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, 15 16-5195/City Funded Construction Contract.docx - revised 04/2016 arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR.

24. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY

INSURANCE
Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et sey. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder.

CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits.

CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees.

CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation.
16 16-5195/City Funded Construction Contract.docx - revised 04/2016

25. INSURANCE
In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers (the "Additionally Insured Parties") as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties.

Under no circumstances shall said above-mentioned insurance contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Five Thousand Dollars ($5,000.00) is permitted.

CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement. 17 16-5195/City Funded Construction Contract.docx - revised 04/2016

26. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED

ENDORSEMENTS
Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall:

Provide the name and policy number of each carrier and policy; State that the policy is currently in force; and
Promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY.

CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY.

The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required.

CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder.

27. NOTICE OF THIRD PARTY CLAIM
Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 18 16-5195/City Funded Construction Contract.docx - revised 04/2016

28. DEFAULT AND TERMINATION
If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR.

If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 29 and any damages shall be assessed as set forth in Section 29.

29. ITERMINATION FOR CONVENIENCE
CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's 19 16-5195/City Funded Construction Contract.docx - revised 04/2016 sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR.

30. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost.

31. NONASSIGNABILITY
CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety.

32. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code.

33. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS
CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 20 16-5195/City Funded Construction Contract.docx - revised 04/2016

34. NOTICES
Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U.S. certified mail-return receipt requested:

TO CITY: TO CONTRACTOR:

City of Huntington Beach

FULL SWING CONSTRUCTION INC
ATTN:Patrick Bannon _ Public Works
ATTN: James Endsley
2000 Main Street
12771 Lewis St.

Huntington Beach, CA 92648
Garden Grove, CA 22840

35. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 21 16-5195/City Funded Construction Contract.docx - revised 04/2016

36. IMMIGRATION
CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification.

37. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR.

38. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party.

39. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator of court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the 22 16-5195/City Funded Construction Contract.docx - revised 04/2016 context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law.

40. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.

41. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it.

42. CONSENT
Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event.

43. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive.

44. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties.
23 16-5195/City Funded Construction Contract.docx - revised 04/2016

45. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.

46. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity 10 consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof.
16-5195/City Funded Construction Contract.docx - revised 04/2016 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on May 29th 20 25 CONTRACTOR: CITY OF HUNTINGTON BEACH, a municipal
corporation of the State of California
By:

James Endsley Mayor
(print name)
ITS: Chairman / President/ Vice-President City Clerk
(circle one)
AND INITIATED AND SERVED.

By: Director of Public Works
(print name) REVIEWED AND APPROVED:

ITS: Secretary / Chief Financial Officer / Asst.

Secretary / Treasurer
(circle one) City Manager
APPROVED AS TO FORM:
25 16-5195/City Funded Construction Contract.docx - revised 04/2016 This Bond was issued in two (2)
identical counterparts Bond No. 101406683
Premium: $14,495.00

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

WHEREAS, City of Huntington Beach (hereafter referred to as "City") has, by written agreement dated Rapid Walis, 12771 LeWis Sure, Garden Grove, A 2l Swing Construction, Ine. (Contractor's Name and Address)
(hereafter referred to as "Principal") for performance of the work described as follows:

CC No. 1708 - Police Department Women's Locker Room Improvements (Project Title)
HEREAS, said contract, and all documents referenced therein (hereinafter collectively Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in ful Said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract, by a duly admitted surety insurer under the laws of the State of California (hereinafter referred to as "Surety"); and
Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitations as shown in said circular to provide bonds in the amount required by said Surety has provided financial strength ratings from reputable companies, such as from A.M. Best, Moody's, or Standard & Poor's, to validate that Surety has positive ratings of being secure or stable; and Surety is registered and listed with the California Department of Insurance, NOW, THEREFORE, we, the undersigned, as Principal, and
Merchants Bonding Company (Mutual), PO Box 14498, Des Moines, IA 50306 (Surety's Name and Address)
as Surety, are held and firmly bound unto City in the penal sum of One Million Ninety Nine Thousand Four Hundred Seventy Seven and 00/100
this amount being not less than one hundred percent of the price set forth in the Contract, in lawful money of the United States, for the 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.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly, fully and faithfully perform each and all of the covenants, obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered, amended or modified from time to time: and if the Principal shall indemnify and save harmless City and all of City's officers, agents and employees (hereinafter collectively referred to as "Obligees") from any and all losses, liability and damages, claims, judgments, stop notices, fees and costs of every description, whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract including all alterations, amendments and modifications thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise, it shall be and shall remain in full force and effect.

Bond. Surety waives notice of any adjustment of contract or contract price. and any other alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder. and agrees to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations changes, deletions, additions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code S§ 2845 and 2849.
15-4584/117174 Page 1 of 2
Bond No. 101406683
The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work.

Principal to execute or properly execute this bond.

Dated: May 28th, 2025
ATTEST Full Swing Construction, Inc., dba Rapid Walls
[Corporate Seal]
(Principal Name)
By:

Name: James Entiste
Title: CEO
ATTEST Merchants Bonding Company (Mutual)
[Corporate Seal]
- (Surety Name)
Yeud
Name: Kerissa Ricciardi, Attorney-in-Fact
(Signature of Attorney-in-Fact for Surety)
515-243-8171
(Attach Attorney-in-Fact Certificate) (Area Code & Telephone Number for Surety) APPROVED AS TO FORM;
By:

Michael J. Vigliotta, City Attorney
NOTES: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.
15-4584/117174 Page 2 of 2 PERFORMANCE BOND

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of Orange
May 28, 2025 Hanh Le, Notary Public
On before me,
(insert name and title of the officer)
personally appeared Kerissa Ricciardi
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(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.

HANH LE
WITNESS my hand and official seal. NOTARY PUBLIC • CALIFORNIA COMM. # 2450354

ORANGE COUNTY
COMM. EXPIRES JULY 14, 2027+
Signature hank
(Seal)

MERCHANTS
BONDING COMPANY...

POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of lowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Charo J Rosemond; James Baldassare Jr; John F Surano; Kerissa Ricciardi: Krista A DiMezza; Lisa M Scavetta; Michael Castaneda; Michael Dugan; Sherryanne M DePirro
and other written instruments in the
persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.

Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond.

In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.

In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 29th day of July , 2024

MERCHANTS BONDING COMPANY (MUTUAL)
ON
MERCHANTS NATIONAL BONDING, INC.

RPO. d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY
-0- - 0-
Jarry Taylo
2003 1933 By
President

STATE OF IOWA
COUNTY OF DALLAS ss.
seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors.

SARIAL Penni Miller
Commission Number 787952
My Commission Expires
IOWA January 20, 2027
Notary Public
(Expiration of notary's commission does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked.

In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 28th day of May . 2025 AL
CORPOR ÖRPO atalesim
- 0-
1933 Secretary
2003
*
POA 0018(6/24)

ACKNOWLEDGMENT
A notary public or other officer completing this
State of California Orange
County of
May 29th 2025 Ariane N Endsley, Notary Public
On before me,
(insert name and title of the officer)
personally appeared James D Endsley
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(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. ARIANE N. ENDSLEY
COM. #2492490
Votary Public • California z
Orange County
My Comm. Expires June 16, 2028(
Signature (Seal)
This Bond was issued in two (2) Bond No. 101406683
identical counterparts

PAYMENT BOND
(LABOR AND MATERIAL)
KNOW ALL PERSONS BY THESE PRESENTS:

WHEREAS, City of Huntington Beach (hereafter referred to as "City") has awarded to Full Swing Construction, Inc., dba Rapid Walls, 12771 Lewis Street, Garden Grove CA 92840
(Contractor's Name and Address)
(Project Title)
WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to furnish a bond to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law, by a duly admitted surety insurer under the laws of the State of California (hereinafter referred to as "Surety"); and
Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitation, as shown in said circular to provide bonds in the amount required by said Contract; and
Surety has provided financial strength ratings from reputable companies, such as from A.M. Best, Moody's or Standard & Poor's, to validate that Surety has positive ratings of being secure or stable; and Surety has provided financial strength ratings from reputable companies, such as from A.M. Best, Moody's, or Standard & Poor's, to validate that Surety has positive ratings of being secure or stable; and Surety is registered and listed with the California Department of Insurance, NOW, THEREFORE, we, the undersigned, as Principal, and Merchants Bonding Company (Mutual) PO Box 14498, Des Moines, IA 50306
(Surety's Name and Address)
as Surety, are held and firmly bound unto City in the penal sum of One Million Ninety Nine Thousand Four Hundred Seventy Seven and 00/100 _Dollars ($ 1,099,477.00 this amount being hot less than one hundred percent 100%) of the total price set forth in the Contract, in lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code ("Claimants") for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or any amounts required to be deducted, withheld and paid over to the Employment Development Department wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the employment insurance Code with respect to the work or labor performed under the Contract, Surety wi ay for the same, in an amount not exceeding the penal sum specified in this bond; otherwise, this obligatio shall be null and void
This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assians. sond, Surele a riger agree payal our osts and a resonale a torneys fee in an amounted by thie 15-4584/117357 Page 1 of 2
Surety stipulates and agrees, for value received, that no change, extension of time, alteration, addition or modification to the terms of the Contract, or any contract document or any work to be performed thereunder, whether made after notice or not, shall in any way affect, impair or release the obligations of Surety under Surety hereby waives notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code §§ 2845 and 2849.

IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond
Dated: May 28th, 2025
ATTEST Full Swing Construction, Inc., dba Rapid Walls
[Corporate Seall
(Principal Name)
By:

Name: James Endsley
Title: CEL
ATTEST Merchants Bonding Company (Mutual)
[Corporate Seal]
(Surety Name
Yens hacn
Name: Kerissa Ricciardi, Attorney-in-Fact
(Signature of Attorney-in-Fact for Surety)
515-243-8171
(Attach Attorney-in-Fact Certificate) (Area Code & Telephone Number for Surety) APPROVED AS TO FORM:

By:

Michael J. Vigliotta, City Attorney
Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.
15-4584/117357 Page 2 of 2 PAYMENT BOND

ACKNOWLEDGMENT
A notary public or other officer completing this
ertificate verifies only the identity of the individua
ho signed the document to which this certificate i
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of Orange
On May 28, 2025 before me, Hanh Le, Notary Public
(insert name and title of the officer)
personally appeared Kerissa Ricciardi
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(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.

HANH LE
WITNESS my hand and official seal. COMM. # 2450354|
- NOTARY PUBLIC - CALIFORNIA D

ORANGE COUNTY
COMM. EXPIRES JULY 14, 2027 +
Signature hank
(Seal)

MERCHANTS
BONDING COMPANY:

POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC. both being corporations of the State of lowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually.

Charo J Rosemond; James Baldassare Jr; John F Surano; Kerissa Ricciardi; Krista A DiMezza: Lisa M Scavetta; Michael Castaneda; Michael Dugan; Sherryanne M DePirro
Tie pors or Adhany Bonding anany Mida on Api 23, 20 and anended August 14.2015 and Ap 27, 02 an adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond.

In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.

In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 29th day of July • 2024

MERCHANTS BONDING COMPANY (MUTUAL)
DING Co MERCHANTS NATIONAL BONDING, INC.

RPO APO d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY
- 1• - 0-
2 Jarry Fagho
2003 1933 By
President

STATE OF IOWA
COUNTY OF DALLAS ss.

On this 29th day of July 2024 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors.

Penni Miller
Commission Number 787952
My Commission Expires
lOWA January 20, 2027
Notary Public
(Expiration of notary's commission does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked.

In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 28th day of May , 2025

NA ONAL
ÖRP Atabasem
-0-
2003 1933 Secretary
*
POA 0018 (6/24)

ACKNOWLEDGMENT
A notary public or other officer completing this
State of California Orange
County of
May 29th 2025 Ariane N Endsley, Notary Public
On before me,
(insert name and title of the officer)
James D Endsley
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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. ARIANE N. ENDSLEY
COMM. #2492490
Notary Public • California
Jrange Counti
My Comm. Expires June 16. 2028P
Signature (Seal)
ACORD® DATE (MM/DD/YYYY)

CERTIFICATE OF LIABILITY INSURANCE
05/20/2025
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.

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 endorsements).

Donna Bradley
Hall, Mahar & Associates Insurance Serv PHONE FAC, No): 714-937-1135 (A/C, No, Ext): 714-937-1500
E-MAIL
1475 S State College Bld #200 ADDRESS: [email protected] Anaheim, CA 92806 INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : Continental Casualty Company 20443
INSURED INSURER B: Infinity Select Insurance Company 20260K Full Swing Construction, Inc. INSURER C: Mt Hawley Insurance Company 37974 12771 Lewis St INSURER D: Insurance Company of the West 27847 Garden Grove, CA 92840 INSURER E : Nautilus Insurance Company 17370 INSURER F: Underwriter at Lloyd's, London 100% 15792
COVERAGES CERTIFICATE NUMBER: 00004968-0 REVISION NUMBER: 57

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.

INSR ADDL SUBR POLICY EX
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYY\ LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y C6985228251 10/18/2024 10/18/2025 EACH OCCURRENCE 1,000,000

DAMAGE TO RENTED
CLAIMS-MADE X OCCUR PREMISES (Ea occurrence) 100,000
MED EXP (Any one person) 5,000
PERSONAL & ADV INJURY 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2,000,000 PRO-
POLICY X JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000
OTHER:

AUTOMOBILE LIABILITY 02/02/2025 COMBINED SINGLE LIMIT 1,000,000 Y Y 50002891801 02/02/2026 | (Ea accident)
X ANY AUTO BODILY INJURY (Per person)
OWNED SCHEDULED BODILY INJURY (Per accident) $

AUTOS ONLY
HIRED NON-OWNED $

X AUTOS ONLY X AUTOS ONLY
X UMBRELLA LIAB X OCCUR Y Y GXS0017974 06/24/2024 06/24/2025 EACH OCCURRENCE 3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE 3,000,000
DED RETENTION $ 0
D WORKERS COMPENSATION Y WSD 5072324 01 07/18/2024 07/18/2025 X SFATUTE T

AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT 1,000,000 OFFICER/MEMBER EXCLUDED? N/ A EL DISEASE - EA EMPLOYEE S Mandatory in NH) 1,000,000
es, describe und
-SCRIPTION OF OPERATIONS belo E.L. DISEASE - POLICY LIMIT S 1,000,000 E Excess Liability AN1297674 10/18/2024 10/18/2025 Each Occurrence 4,000,000 F Sexual Molest/Abuse MR24A031 11/08/2024 11/08/2025 Occ/Policy Limit 1,000,000/2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional insured: City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers.

Insurance is Primary & Non-Contributory. Waiver of subrogation applies.

Project: Huntington Beach Police Department Women's Locker Room Improvements CC# 1708 - 2000 Main St., Huntington Beach, CA 92647

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main St.

Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE
(DMB)
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Printed by DMB on 05/20/2025 at 02:30PM

BEST CHOICE CONTRACTOR PROGRAM
CNA
General Aggregate Limit - Per Project Endorsement
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:

1. For each single construction or service project away from premises the Named Insured owns or rents, a separate Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of:

A. all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard;" and B. all medical expenses under Coverage C;
that arise from "occurrences" or accidents which can be attributed solely to ongoing operations at that project.

Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Project General Aggregate Limit applicable to any other project.

Il. All:

A. damages under Coverage B, regardless of the number of locations or projects involved; B. damages under Coverage A, caused by "occurrences" which cannot be attributed solely to ongoing operations at a single project, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and C. medical expenses under Coverage C, caused by accidents which cannot be attributed solely to ongoing operations at a single project,
will reduce the General Aggregate Limit shown in the Declarations.

IlI. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the "occurrence" can be attributed solely to ongoing operations at a particular project.

IV. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved V. If a single construction or service project away from premises owned by or rented to the Named Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, such project will still be deemed to be the same project.

VI. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated.

All other terms and conditions of the Policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.

CNA97898XX (4-2020) Policy No: C6985228251

Effective Date: 10/18/2024
Insured Name: FULL SWING CONSTRUCTION INC
Copyright CNA All Rights Reserved. Includes material copyrighted by Insurance Services Office, Inc. used with their permission.

KEMPER Auto Kemper Auto Commercial
11700 Great Oaks Way, Suite 450
COMMERCIAL Alpharetta, GA 30022
Underwritten by: Infinity Select Insurance Company
Customer Service: (800) 722-3391 Claims Service: (800) 353-6737

ADDITIONAL NAMED INSURED ENDORSEMENT
Copy To Policy ID Number Expiration Date
50002891801 02/02/2026 12:01 a.m.

City of Huntington Beach, Its Officers, Elected Named Insured or appointed officials, employees, agents and
volunteers Full Swing Construction, Inc.
2000 Main St This endorsement is attached to and forms a part of the listed policy.

Huntington Beach, CA 92648 No changes will be effective prior to the time changes are requested.

Additional Insured
City of Huntington Beach, Its Officers, Elected or appointed officials, employees, agents and volunteers Part A - Liability Coverage, is changed as follows:

The definition of insured is changed to include the additional insured named above. Adding an insured will not increase the limit of our liability. The insurance provided by this endorsement will be excess over any other valid and collectible insurance.

All other parts of this Policy remain unchanged.

ADDL INSURED COPY AMEND DATE: 05/20/2025
50461AIS01 ENDORSEMENT: 4-9
KEMPER Auto Kemper Auto Commercial
11700 Great Oaks Way, Suite 450
COMMERCIAL Alpharetta, GA 30022
Underwritten by: Infinity Select Insurance Company
Customer Service: (800) 722-3391 Claims Service: (800) 353-6737

PRIMARY AND NONCONTRIBUTORY ENDORSEMENT
Copy 10 Policy ID Number Expiration Date
50002891801 02/02/2026 12:01 a.m.

City of Huntington Beach, Its Officers, Elected or appointed Named Insured
officials, employees, agents and volunteers
2000 Main St Full Swing Construction, Inc.

Huntington Beach, CA 92648
This endorsement is attached to and forms a part of the listed policy. The following endorsement applies only if Form Number 500PNCV01 appears on your Declarations Page.

This endorsement modifies the insurance provided under your COMMERCIAL AUTO POLICY.

PART A - LIABILITY COVERAGE OTHER INSURANCE — PART A ONLY The following is added to this section:

The coverage afforded under your Commercial Auto Policy is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that:
a. You have agreed in writing in a contract or agreement that the coverage afforded under your Commercial Auto Policy would be primary and would not seek contribution from any other insurance available to such additional insured; and
b. Such additional insured is a named insured under such other insurance.

ALL OTHER TERMS, LIMITS, CONDITIONS, AND PROVISIONS OF THE POLICY REMAIN UNCHANGED.

ADDL INSURED COPY AMEND DATE: 05/20/2025
500PNCV01 ENDORSEMENT: 4-9
KEMPER Auto Kemper Auto Commercial
11700 Great Oaks Way, Suite 450
COMMERCIAL Alpharetta, GA 30022
Underwritten by: Infinity Select Insurance Company
Customer Service: (800) 722-3391 Claims Service: (800) 353-6737

WAIVER OF SUBROGATION
Copy To Policy ID Number Expiration Date
50002891801 02/02/2026 12:01 a.m.

City of Huntington Beach, Its Officers, Elected or Named Insured appointed officials, employees, agents and volunteers
2000 Main St Full Swing Construction, Inc.

Huntington Beach, CA 92648 This endorsement is attached to and forms a part of the listed policy. No changes will be effective prior to the time changes are requested.

In return for your premium payment shown below, we agree that our rights of subrogation or rights of recovery under the policy will not apply against the following person or organization:

City of Huntington Beach, Its Officers, Elected or
appointed officials, employees, agents and volunteers
(name of person or
organization)
Additional premium in the amount of $125.00 will be retained by us regardless of any early termination of this endorsement or the policy.

All other policy provisions remain unchanged.

ADDL INSURED COPY AMEND DATE: 05/20/2025
50461SWF01 ENDORSEMENT: 4-9
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed. 8-00)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET Ne have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce ur right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us).

The additional premium for this endorsement shall be 2% of the total California Workers' Compensation premium otherwise due.

Schedule
Person or Organization Job Description

ANY PERSON OR

ORGANIZATION FOR

WHOM THE NAMED

INSURED IS REQUIRED

UNDER WRITTEN

CONTRACT TO FURNISH
THIS WAIVER.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 07/18/2024 Policy No. WSD 5072324 01 Endorsement No.

Insured FULL SWING CONSTRUCTION, INC. Premium $ INCL.

Insurance Company INSURANCE COMPANY OF THE WEST
Countersigned By.

WC 99 06 34
(Ed. 8-00)

INSURED
POLICY NUMBER: C6985228251 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations Blanket as required by written contract Blanket as required by written contract.

It is agreed that such insurance as is afforded by this policy for the benefit of the additional insured shown shall be primary insurance, and any other insurance naintained by the additional insured(s) shall be excess and noncontributory a respects airy clalm, loss or lability allegedly arising out of the operations of the or liability which is determined to be solely the result of the additional insured's nealigence or solet the additional insured's
responsibility.

City of Huntington Beach, its officers, elected
or appointed officials, employees, agents
and volunteers.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section Il - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III - Limits Of Insurance:
with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance:
performed for that additional insured and
included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of
However: Insurance shown in the Declarations:

1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations.

2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1

BEST CHOICE CONTRACTOR PROGRAM
CNA
Blanket Additional Insured - Owners, Lessees or Contractors This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
Policy Number: C6985228251 Endorsement Effective: 10/18/2024 at 12:01 a.m Named Insured:

FULL SWING CONSTRUCTION INC

SCHEDULE
Name of Additional Insured Person(s)
or Organization(s): (Blanket) (Specific)
Any person or organization that the Named Insured is
obligated by virtue of a written contract or written City of Huntington Beach, its officers, agreement to make an additional insured on this
Coverage Part, provided such contract or agreement: elected or appointed officials, • Is currently in effect or becomes effective during employees, agents and volunteers. the policy period; and and
• Was executed prior to:
a. the bodily injury, or property damage; or
b. the offense that caused the personal and
advertising injury;
for which the additional insured seeks coverage.

Location(s) of Covered Operations:

Any location in the "coverage territory" that is subject and to the contract or agreement specified above.

A. Section II - Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only to the extent that the person or organization shown in the Schedule is held liable for your acts or omissions arising out of your ongoing operations performed for that insured.

B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:

This insurance does not apply to bodily injury or property damage occurring after:

1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or

2. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project.

C. With respect to the insurance afforded to these additional insureds, this insurance also does not apply to bodily injury, property damage or personal and advertising injury arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:

1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or

2. Supervisory, inspection, architectural or engineering activities.

D. Primary and Noncontributory Insurance
If so required by a written contract or written agreement, this insurance will be primary to, and will not seek contribution from, other insurance under which the additional insured is a named insured. But in all other instances, and notwithstanding anything to the contrary in the condition entitled Other Insurance, this insurance will be excess of any other insurance available to the additional insured.

CNA97587XX (3-2022) Policy No: C6985228251

Effective Date: 10/18/2024
Insured Name: FULL SWING CONSTRUCTION INC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc. used with permission.

BEST CHOICE CONTRACTOR PROGRAM
CNA
Blanket Additional Insured - Owners, Lessees or Contractors E. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following to the condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit:

Any additional insured pursuant to this Coverage Part will, as soon as possible:

1. Give us written notice of any claim, or of any occurrence or offense that may result in a claim;

2. Send us copies of all legal papers received and otherwise cooperate with us in the investigation, defense or settlement of the claim; and

3. Make available any other insurance and tender the defense and indemnity of any claim to any other insurer or self-insurer whose policy or program applies to a loss that we cover under this Coverage Part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured.

F. Solely with respect to the insurance granted by this endorsement:

1. The words "you" and "your" refer to the Named Insured shown in the Declarations.

2. Your work means work or operations performed by you or on your behalf, and materials parts or equipment furnished in connection with such work or operations.

G. Blanket Waiver of Subrogation
We waive any right of recovery we may have against an entity that is an additional insured under the terms of this endorsement with respect to payments we make for injury or damage arising out of your work done under a written contract or written agreement with that person or organization, provided such contract or agreement:

1. Requires such a waiver of our rights;

2. Is currently in effect or becomes effective during the policy period; and

3. Was executed prior the bodily injury, property damage or personal and advertising injury that gave rise to the claim.

All other terms and conditions of the Policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.

CNA97587XX (3-2022) Policy No: C6985228251

Effective Date: 10/18/2024
Insured Name: FULL SWING CONSTRUCTION INC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc. used with permission Docusign Envelope ID: 5932F91D-5F02-485C-B79C-32994DF7CCAD

CONTRACTOR'S SWORN STATEMENT AND WARRANTY

REGARDING CONTINUING INSURANCE OBLIGATIONS
FROM: Full Swing Construction, Inc. PROJECT: CC1708-Police Department (Contractor Name) Women's Locker Room Improvement
12771 Lewis St.
(Street Address)
Garden Grove, CA. 92840
(City, State, Zip Code)
TO: CITY OF HUNTINGTON BEACH

DECLARATION
Attached hereto is a true and correct copy of the current Certificate of Insurance and Additional Insured Endorsement CG 2010 1185, which Certificate complies with the insurance requirements of the Contract by and between the City of Huntington Beach ("City") and the above-named Contractor ("Contractor") for the above-described project ("Project").

I declare under penalty of perjury under the laws of the State of California that the above statement is true and correct.

Signed on May 29th 20_25 _ at Anaheim, CA
(Date) - Signed by: (City, State)
Donna Bradley
(Signature of Individual Who is Making Declaration)

WARRANTY
Contractor hereby warrants and agrees to maintain Products and Complete Operations Insurance in compliance with the insurance requirements of the Contract for the Project. Said insurance shall be maintained through and until the expiration of all Warranties provided by the Contractor. Said insurance shall contain Additional Insured Endorsement CG 2010 1185, naming the City as an additional insured. Contractor shall supply to the City, on at least an annual basis, Certificate of Insurance and the aforementioned Endorsement evidencing continued coverage which meets the Contract requirements.

Signed on May 29 - 20 25 ~ at Garden Carave, CA
(Date)
CONTRACTOR:

Full Swing Construction, Inc
Name:

By:

Name: James Endsley
Title: CEO