Att #2 Construction Contract — City Council/Public Financing Authority, April 21, 2026

CITY FUNDED CONSTRUCTION CONTRACT BETWEEN

THE CITY OF HUNTINGTON BEACH AND
WER BUILDERS, INC.

FOR

HARTLUND LANE WATER MAIN REPLACEMENT
CC1735
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 WER BUILDERS, INC. → a
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 HARTLUND LANE WATER MAIN REPLACEMENT, CC1735 _ 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 doc - 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;
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 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); F. 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 designce (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 to exceed SEVEN HUNDRED TWENTY-NINE THOUSAND, SEVEN HUNDRED SEVENT Dollars ($_ 729,770.00 ), as set forth in the Contract Documents, to be paid as provided in this Agreement.

4. 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 TWENTY ( 120) 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, 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.

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.

7. 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.
16-5195/City Funded Construction Contract doc - 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 payroll 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.

11. 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, liquidated damages and not as a penalty, the sum of ONE THOUSAND DOLLARS ($ 1,000.00) 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 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;
8 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.

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.

F. 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 1 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 11 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 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 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.

19. CALIFORNIA EIGHT-HOUR LAW
A. l 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 cach 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. doc - 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
CONTRACIOR 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 seq. 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

3. 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. TERMINATION 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 carlier 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 dox - 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
WER BUILDERS, INC.

ATTN: JOSEPH PINEL, Public Works
ATTN: NEZAR ALSMADI
2000 Main Street
1608 PALMYRITA AVENUE
Huntington Beach, CA 92648
RIVERSIDE, CA 92507

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 or 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 to 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.
24 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 _20_
CONTRACTOR: CITY OF HUNTINGTON BEACH, a municipal
corporation of the State of California
By:

Nezar Alsmadi Mayor
(print name)
ITS: Chairman /President) Vice-President City Clerk
(circle one)
INITIATED AND APPROVED:

ND
By:_ Director of Public Works
ezar Alsmac
(print name) REVIEWED AND APPROVED:

ITS: Secretary / Chief Financial Officer / Asst.

Secretary / Treasurer
(circle one) City Manager
APPROVED AS TO FORM:

PuDi
F~ City Attorney
25 16-5195/City Funded Construction Contract.docx - revised 04/2016 Bond premium is subject to change based on the final contract amount Bond No. 101492266 Executed in Duplicate Premium: $18,244.00

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

WHEREAS, City of Huntington Beach (hereafter referred to as "City") has, by written agreement dated _, 2026 _ entered into a contract with We R Builders 1608 PALMYRITA AVE RIVERSIDE, CA 92507
(Contractor's Name and Address)
(hereafter referred to as "Principal") for performance of the work described as follows:

Hartlund Lane Water Main Replacement, CC1735
(Project Title)
said contract, and all documents
"Contract), are in, orated onrain by his releaderer are are real.,.

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 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 is registered and listed with the California Department of Insurance, NOW, THEREFORE, we, the undersigned, as Principal, and
Merchants Bonding Company (Mutual)
P.O. Box 14498 Des Moines, IA 50306-3498
(Surety's Name and Address)
as Surety, are held and firmly bound unto City in the penal sum of Seven Hundred Twenty Nine Thousand Seven Hundred Seventy and 00/100 _Dollars ($ 729.770.00 housand sale for tie payment or nich pere i real finiy by these presen u 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, tees 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.

Surety stipulates and agrees, for value received, that no adjustment of the time or price in the Contract or any alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, shall in any way affect, limit, restrict, impair or release the obligations of the Surety under this 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 §§ 2845 and 2849.
15-4584/117174 Page 1 of 2
Bond No. 101492266
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.

Dated: March 12, 2026
ATTEST We R Builders
[Corporate Seal]
(Principal Name)
By: hali
Name: Nezar Alsmadi
Title: President, serretary STrensurer
ATTEST Merchants Bonding Company (Mutual)
[Corporate Seal]
(Surety Name)
By:

Name: Thao Luu, 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. Viliotta, 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
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE $ 1189
83803881808 053884303088858080818808080810030305680348085888883 8888888885888888888838888888888 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 Riverside
on March 13, 2026 before me, Lamees Alsmedi, Notary Public Here Insert Name and Title of the Officer
personally appeared Ne zar Alsmedi
Name(s) of Signers)
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. 1 certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
LAMEES ALSMADI paragraph is true and correct.

Notary Public - California
Los Angeles County
Commission # 2468697 WITNESS my hand and official seal.

My Comm.. Expires Oct 28, 2027
Lamees asmedi
Signature
Place Notary Seal and/or Stamp Above Signature of Notary Public

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Performicule Bund H.B
Document Date: _Number of Pages:

Signers) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:

Signer is Representing: Signer is Representing: _
8888889830888888888868838
©2019 National Notary Association

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

STATE OF CALIFORNIA
County of Orange
On MAR 1 2 2026 before me. Irene Luong Notary Public,
Date Insert Name of Notary exactly as it appears on the official seal personally appeared Thao Luu
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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) IRENE LUONG acted, executed the instrument.

Notary Public - California
Orange County I certify under PENALTY OF PERJURY under the laws of Commission #2541868 the State of California that the foregoing paragraph is true My Comm. Expires Dec 16, 2029 and correct.

Witness my hand ahd officlal seal
Signature
Place Notary Seal Above Signature of Notary Public
- OPTIONAL •
hough the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Signers) Other Than Named Above:

Capacity(ies) Claimed by Signers)
Signer's Name: Signer's Name:
• Individual • Individual
Corporate Officer - Title(s): • Corporate Officer — Title(s):

Partner • Limited • General • Partner • Limited • General Attorney in Fact RIGHT THUMBPRINT • Attorney in Fact - RIGHT THUMBPRINT Trustee OF SIGNER • Trustee OF SIGNER
Guardian or Conservator • Guardian or Conservator Top of thumb here Top of thumb here
Other: • Other:

Signer is Representing: Signer is Representing:

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, Alexander R Holsheimer; Christine Woolford; Danielle Hanson; Emilie George; Irene Luong; James W Moilanen; P Austin Neff; Thao Luu; Yung T Mullick
their true and lawtul Attorney(s)-in-Fact, to sign its name as suretyles) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.

This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." *The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and 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 2nd day of July • 2024

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

CORPORA, O d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY
- 0- - 0-
2003 1933 Lary Faste

STATE OF IOWA
COUNTY OF DALLAS ss.
day of , 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.

LARIAL Penni Miller
Commission Number 787952
My Commission Expires
lOWA January 20, 2027
Notary Public
(Expiration of notary's commission does not invalidate this instrument) 1, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked.

In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 12th day of March ,2026

ORPOR ORPO
Willin Harmer gs.
- 0- - 0-
2003 1933 Secretary
POA 0018(1/24)
Bond No. 101492266
Premium listed on
Executed in Duplicate Performance Bond

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

WHEREAS, City of Huntington Beach (hereafter referred to as "City") has awarded to We R Builders
1608 PALMYRITA AVE RIVERSIDE, CA 92507
(Contractor's Name and Address)
hereafter referred to as "Principal"), a contract ("Contract") for the work described as follows lartlund Lane Water Main Replacement, CC173!
(Project Title)
WHEREAS, Principal is required under the terms of the Contract and the California Civil Code t 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 saic 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)
P.O. Box 14498 Des Moines, IA 50306-3498
(Surety's Name and Address)
as Surety, are held and firmly bound unto City in the penal sum of Seven Hundred Twenty Nine Thousand Seven Hundred Seventy and 00/100 729,770.00
this amount being not 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 nemployment Insurance Code with respect to work or labor performed by any such Claimant, or prevailing vades due and penalties incurred pursuant to Sections 1774. 1775. 1813 or 1815 of the Labor Code, o any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of emplovees of the Principal and Subcontractors pursuant to Section 13020 of the Unemplovment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation 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 assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the 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 this bond. 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 Dated: March 12, 2026
ATTEST We R Builders
[Corporate Seal]
(Principal Name)
By:

Name: Nezar Alsmadi
Title: President, Secretary $ Treasurer
ATTEST Merchants Bonding Company (Mutual)
[Corporate Seal]
(Surety Name)
By:

Name: Thao Luu, 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
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
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
3033:3833319869845 888888888886888888889888883888888
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 Riverside
on March13, 2026 before me, Lamees Here insert Name and Tile of the otery Prblic Alsmedi personally appeared Nezar Alsmeeti
Names) of Signers)
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. 1 certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing

LAMEES ALSMADI
Notary Public - Callfornia paragraph is true and correct.

Los Angeles County
Commission # 2468697 WITNESS my hand and official seal.

My Comm. Expires Oct 28, 2027
Lamees alsmadi
Signature
Place Notary Seal and/or Stamp Above Signature of Notary Public

OPTIONAL
Completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: * cyment Bond
Document Date: Number of Pages:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signers)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual
• Attorney in Fact
• Trustee • Guardian or Conservator • Trustee
• Guardian or Conservator
• Other: • Other:

Signer is Representing: Signer is Representing:
188191899885888 33889090880818803050809088 8898898388908G849 ©2019 National Notary Association

STATE OF CALIFORNIA
County of Orange
MAR 1 2 2026
On before me. Irene Luong Notary Public,
Date Insert Name of Notary exactly as it appears on the official seal personally appeared Thao Luu
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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.

IRENE LUONG
Notary Public - California I certify under PENALTY OF PERJURY under the laws of Orange County the State of California that the foregoing paragraph is true Commission # 2541868
and correct.

My Comm. Expires Dec 16, 2029
Witness my hand and official sea
Signature
Place Notary Seal Above Signature of Notary PUb Irene Luong - OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document.

Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Signers) Other Than Named Above:

Capacity(ies) Claimed by Signers)
Signer's Name: Signer's Name:
• Individual • Individual
Corporate Officer - Title(s): • Corporate Officer — Title(s):

Partner • Limited • General • Partner • Limited • General Attorney in Fact - RIGHT THUMBPRINT • Attorney in Fact - RIGHT THUMBPRINT Trustee OF SIGNER • Trustee OF SIGNER
Guardian or Conservator Top of thumb here • Guardian or Conservator Top of thumb here Other: Other:

Signer is Representing: Signer is Representing:

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, Alexander R Holsheimer; Christine Woolford; Danielle Hanson; Emilie George; Irene Luong; James W Moilanen; P Austin Neff; Thao Luu; Yung T Mullick
neir true and lawtul Attorney(s)-in-ract, to sign its name as suretyies) and to execute, seal and acknowledge any and all bonds, undertakings contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity c persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.

This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the 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 2nd day of July , 2024

MERCHANTS BONDING COMPANY (MUTUAL)
ING COM MERCHANTS NATIONAL BONDING, INC.

RPOR d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY

CORPORA
- 0- - 0-
2003 1933 Larry Paghe

STATE OF IOWA
COUNTY OF DALLAS ss.

On this 2nd day of Julv 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.

ARIAL Penni Miller
Commission Number 787952
My Commission Expires
OWA January 20, 2027
Notary Pubiic
(Expiration of notary's commission does not invalidate this instrument) 1, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked.

In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 12th day of March ,2026 ING

OR PORS CORPORA,
Willine Alarmer g.
- 0- ED
2003 1933 Secretary
POA 0018(1/24)

CONTRACTOR'S SWORN STATEMENT AND WARRANTY

REGARDING CONTINUING INSURANCE OBLIGATIONS
FROM: We R Builders, Inc. PROJECT: Hartlund Lane Water Main (Contractor Name) Replacement, CC1735
1608 Palmyrita Avenue
(Street Address)
Riverside, CA 92507
(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 March 13 20_26 › at Riverside, CA
(Date) (City, State)
(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 ty as an additional insured. Contractor shall supply to the City, on at least an annual basis, ertificate of Insurance and the aforementioned Endorsement evidencina continued coverage whic meets the Contract requirements.

Signed on March 13 _20_26 • at Riverside, CA
(Date) (City, State)
CONTRACTOR:

Name: We R Builders, Inc.

By:

Name: Nezar Alsmadi
Title: President, Secretary & Treasurer
ACORD® DATE (MM/DD/YYYY)

CERTIFICATE OF LIABILITY INSURANCE
3/11/2026
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 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).

CONTACT
PRODUCER Michael Benoit
NAME:

Pacific United Insurance Services PHONE (619)274-8144 FAC, No): (619)274-8143 (A/C, No, Ext):
7851 Mission Center Court E-MAIL ADDRESS: [email protected] Suite 322 INSURERS) AFFORDING COVERAGE NAIC #
San Diego CA 92108 INSURERA: Cumis Specialty Insurance Company 12758 INSURED INSURER B: Infinity Select Insurance Company 20260 WE R BUILDERS INSURER C: Kinsale Insurance Company 38920 1608 Palmyrita Ave. INSURER D: State Compensation Insurance Fund 35076 INSURER E: Navigators Insurance Company 42307
INSURER F: Mt. Hawley Insurance Company 37974
CERTIFICATE NUMBER:25-26 All Lines

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 EACH OCCURRENCE 1,000,000

DAMAGE TO RENTED
A CLAIMS-MADE X OCCUR PREMISES (Ea occurrence) 100,000
WIS0001390 11/10/2025 11/10/2026 MED EXP (Any one person) 5,000 PERSONAL & ADV INJURY 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2,000,000 X POLICY PROTE LOC PRODUCTS - COMP/OP AGG 2,000,000
OTHER:

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000
(Ea accident)
ANY AUTO BODILY INJURY (Per person)
ALL OWNED SCHEDULED BODILY INJURY (Per accident)
50015171101 02/23/2026 08/23/2026
AUTOS

NON-OWNED PROPERTY DAMAGE
HIRED AUTOS AUTOS (Per accident)

UMBRELLA LIAB OCCUR EACH OCCURRENCE
2,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE 2,000,000
DED RETENTION $ 0100410694-0 11/10/2025 11/10/2026
WORKERS COMPENSATION X PrATUTE

ANU EMPLOYERS LIABILLY
YIN
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT 1,000,000 OFFICER/MEMBER EXCLUDED? NIA
D (Mandatory in NH) 9348101-25 10/23/2025 10/23/2026
LE.L. DISEASE - EA EMPLOYEE S 1,000,000
es, describe und
SCRIPTION OF OPERATIONS be E.L. DISEASE - POLICY LIMIT 1,000,000 E Inland Marine 04-IM059249 8/20/2025 8/20/2026 Shed Equipment - Light to Medium $70,000 E Pollution Liability EGL0013658 10/23/2025 10/23/2026 Each Pollution Incident/Aggregate $1,000,000 ESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is requirec ity of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteer is named as additional insured as required per the attached endorsement.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
2000 Main Street
Huntington Beach, CA 92648

AUTHORIZED REPRESENTATIVE
Michael Benoit/PHOEBE Michad Benit
© 1988-2014 ACORD CORPORATION. All rights reserved.

ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (201401)

ADDITIONAL COVERAGES
Ref # Description Coverage Code Form No. Edition Date
Business Auto
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description / Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium OFADTLCV Copyright 2001, AMS Services, Inc.

POLICY NUMBER: WIS0001390 COMMERCIAL GENERAL LIABILITY
G0270 12 23
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CHANGES - CANCELLATION AND NONRENEWAL
This endorsement modifies insurance provided under the following:

All Coverage Parts included in this policy are subject to the following conditions.

A. Cancellation B. Nonrenewal

1. The first Named Insured shown in the 1. If we decide not to renew this Policy, we will Declarations may cancel this policy by mail or deliver to the first Named Insured mailing or delivering to us advance written shown in the Declarations written notice of notice of cancellation. the nonrenewal not less than 30 days before

2. We may cancel this policy by mailing or the expiration date. delivering to the first Named Insured written 2. If notice is mailed, proof of mailing will be notice of cancellation at least: sufficient proof of notice. a. 10 days before the effective date of
cancellation if we cancel for nonpayment
of premium; or
b. 30 days before the effective date of
cancellation if we cancel for any other
reason.

3. We will mail or deliver our notice to the first
Named Insured's last mailing address known
to us.

4. Notice of cancellation will state the effective
date of cancellation. The policy period will
end on that date.

5. If this policy is cancelled, we will send the first
Named Insured any premium refund due. If
we cancel, the refund will be pro rata. If the
first Named Insured cancels, the refund may
be less than pro rata. However, in no event
shall we retain less than the Minimum Earned
Premium at Inception. The cancellation will
be effective even if we have not made or
offered a refund.

6. If notice is mailed, proof of mailing will be
sufficient proof of notice.

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. © 2023 WESTCAP
G0270 12 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 POLICY NUMBER: WIS0001390 COMMERCIAL GENERAL LIABILITY
CG 25 03 05 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED CONSTRUCTION PROJECTS)

GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Designated Construction Projects):

Each Project of the insured as required by an "insured contract." Designated Construction Project General Aggregate Limit: $ 2,000,000 The combined maximum we will pay for all projects covered by Designated Construction Project Aggregate Limit is $ 5,000,000
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by "occur- damages or under Coverage C for medical rences" under Section I - Coverage A, and for all expenses shall reduce the Designated Con- medical expenses caused by accidents under struction Project General Aggregate Limit for Section I - Coverage C, which can be attributed that designated construction project. Such only to ongoing operations at a single designated payments shall not reduce the General Ag- construction project shown in the Schedule gregate Limit shown in the Declarations nor shall they reduce any other Designated Con-

1. A separate Designated Construction Project struction Project General Aggregate Limit for General Aggregate Limit applies to each des- any other designated construction project ignated construction project, and that limit is shown in the Schedule above. equal to the amount of the General Aggregate 4. The limits shown in the Declarations for Each Limit shown in the Declarations. Occurrence, Damage To Premises Rented To

2. The Designated Construction Project General You and Medical Expense continue to apply.

However, instead of being subject to the
Aggregate Limit is the most we will pay for the
sum of all damages under Coverage A, ex-
property daes becauseded in til rode on cable Designated Construction Project Gen- completed operations hazard", and for medi- eral Aggregate Limit. cal expenses under Coverage C regardless of
the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".

CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "occur- "products-completed operations hazard" is pro- rences" under Section I - Coverage A, and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "property damage" included in Section I - Coverage C, which cannot be at- the "products-completed operations hazard" will tributed only to ongoing operations at a single reduce the Products-completed Operations Ag- construction project shown in the gregate Limit, and not reduce the General Ag- Schedule above: gregate Limit nor the Designated Construction

1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized contract- Products-completed Operations Aggregate ing parties deviate from plans, blueprints, de- Limit, whichever is applicable; and signs, specifications or timetables, the project will

2. Such payments shall not reduce any Desig- still be deemed to be the same construction pro- nated Construction Project General Aggre-
gate Limit. E. The provisions of Section III - Limits Of Insur- ance not otherwise modified by this endorsement
shall continue to apply as stipulated.

Page 2 of 2 ends

COMMERCIAL GENERAL LIABILITY
CG 20 01 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY -

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution
Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek
contribution from any other insurance available to
an additional insured under your policy provided
(1) The additional insured is a Named Insured
under such other insurance; and
CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1

COMMERCIAL GENERAL LIABILITY
CG 20 33 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - AUTOMATIC STATUS WHEN

REQUIRED IN A WRITTEN CONSTRUCTION

AGREEMENT WITH YOU
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section Il - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or additional insureds, the following additional organization for whom you are performing exclusions apply:
operations This insurance does not apply to:
organization have agreed in writing in a contract or
agreement that such person or organization be 1. "Bodily injury", "property damage" or "personal added as an additional insured on your policy. and advertising injury" arising out of the Such person or organization is an additional rendering of, or the failure to render, any insured only with respect to liability for "bodily professional architectural, engineering injury", "property damage" or "personal and surveying services, including:
advertising injury" caused, in whole or in part, by: a. The preparing, approving, or failing to

1. Your acts or omissions; or prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders,

2. The acts or omissions of those acting on your change orders drawings and behalf; specifications; or
headeralance of your ongoing operations for b. Supervisory, inspection, architectural or engineering activities.

However, the insurance afforded to such
This exclusion applies even if the claims
additional insured: against any insured allege negligence or other

1. Only applies to the extent permitted by law; wrongdoing supervision, hiring, employment, training or monitoring of others by
that insured, if the "occurrence" which caused

2. WIll not be broader than that which you are
required by the contract or agreement to the "bodily injury" or "property damage", or the provide for such additional insured. offense which caused the professional
engineering or
services.

2. "Bodily injury" or "property damage" occurring C. With respect to the insurance afforded to these after: additional insureds, the following is added to
Section III - Limits Of Insurance:

The most we will pay on behalf of the additional
such work, on the project (other than insured is the amount of insurance:
service, maintenance or repairs) to be
performed by or on behalf of the additional 1. Required by the contractor agreement you have entered into with the additional insured;
insured(s) at the location of the covered
Ог
operations has been completed; or

2. Available under the applicable limits of
b. That portion of "your work" out of which the insurance; injury or damage arises has been put to its
intended use by any person or organization whichever is less. other than another contractor This endorsement shall not increase the subcontractor engaged in performing applicable limits of insurance. operations for a principal as a part of the
same project.

Page 2 of 2 ends

COMMERCIAL GENERAL LIABILITY
CG 20 39 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - AUTOMATIC STATUS WHEN

REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT

WITH YOU (COMPLETED OPERATIONS)
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
A. Section II - Who Is An Insured is amended to 2. Supervisory, inspection, architectural or include as an additional insured any person or engineering activities. organization for whom you have performed This exclusion applies even if the claims against operations when you and such person or any insured allege negligence or other wrongdoing organization have agreed in writing in a contract or in the supervision, hiring, employment, training or agreement that such person or organization be monitoring of others by that insured, if the added as an additional insured on your policy. "occurrence" which caused the "bodily injury" or Such person or organization is an additional "property damage" involved the rendering of or the insured only with respect to liability for "bodily failure to render any professional architectural, injury" or "property damage" caused, in whole or in
engineering or surveying services.
part, by "your work" performed for that additional
insured and included in the "products-completed C. With respect to the insurance afforded to these operations hazard". additional insureds, the following is added to Section III - Limits Of Insurance:

However, the insurance afforded to such
additional insured: The most we will pay on behalf of the additional insured is the amount of insurance:

1. Only applies to the extent permitted by law;

1. Rave entered into contrace addine insured

2. Velined by rade that or which mont te required by the contract provide tor such additional insured 2. Available under the applicable limits of insurance;
B. With respect to the insurance afforded to these whichever is less. additional insureds, the following additional
exclusion applies: This endorsement shall not increase the This insurance does not apply to: applicable limits of insurance. e" arising out c
the rendering of, Be rendering of prote are rea
professional architectural, engineering
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
CG 20 39 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: WIS0001390 COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Person Or Organization:

Blanket as required by an "insured contract"
Information required to complete this Schedule, if not shown above, will be shown in the Declarations. le followina is added to Paradraph 8. Transfer C
ights Of Recoverv Against Others To Us c
Section IV - Conditions:

We waive any right of recovery we may have against
the person or organization shown in the Schedule
bove because of payments we make for injury o
amage arising out of your ongoing operations o
"your work" done under a contract with that person
or organization and included in the "products-
completed operations hazard". This waiver applies
only to the person or organization shown in the
CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 STATE Endorsement Agreement
COMPENSATION Waiver of Subrogation

IN SURANC
FUND Blanket Basis
9348101-2025
Home Office Renewal
San Francisco SD
All Effective Dates are 9-45-82-45
at 12:01 AM Pacific Page 1 of 1
Standard Time or the
Time Indicated at Effective October 23, 2025 at 12:01 AM Pacific Standard Time and Expiring October 23, 2026 at 12:01 AM

WER BUILDERS
3746 FOOTHILL BLVD #304
GLENDALE, CA 91214
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our 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 2.00% of the total policy premium.

Schedule
Person or Organization Job Description
Any person or organization for whom the Blanket Waiver of Subrogation named Insured has agreed by written
contract to furnish this waiver
Nothing in this endorsement shall be held to vary, alter, waive or extend any of the terms, conditions, agreements, or limitations of this policy other than as above stated. Nothing elsewhere in this policy shall be held to vary, alter, waive or limit the terms, conditions, agreements or limitations in this endorsement.

Countersigned and Issued at San Francisco October 23, 2025 Humer
2572 Authorized Representative President and CEO SF - END Rev. 2/2025 OLD DP 217

SCHEDULE OF UNDERLYING INSURANCE
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100410694-0 11/10/2025 12:01AM at the Named We R Builders Insured address shown on the Declarations
Additional Premium: Return Premium:
$0
PRIMARY INSURANCE:

Policy Type: General Liability
Issuing Company: CUMIS Specialty Insurance Limits of Insurance:

Company Inc
Policy Number: TBD Each Occurrence/Claim: $1,000,000
Policy Dates: 11/10/2025 - 11/10/2026 General Aggregate: $2,000,000 Coverage Form: Occurrence Products/Completed $2,000,000 Operations Aggregate:

Retroactive Date: N/A Personal and Advertising Injury $1,000,000 (claims made policy only)
PRIMARY INSURANCE:

Policy Type: Automobile Liability
Issuing Company: Infinity Select Insurance Limits of Insurance:

Company
Policy Number: 50015171101 Each Accident: $1,000,000
Policy Dates: 08/11/2025 - 02/11/2026
CAX1001 0224 Page 1 of 1
Policy Number: EGL0013658 Mt. Hawley Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COMMERCIAL COVERAGE SCHEDULE OF ENDORSEMENTS
The following is a listing of endorsements by Form Number and Title that form a part of the policy at issue:

D-2FORM(01/20) State of California Non-Admitted Disclosure Notice CPL 101 03 23 Contractors Pollution Liability Coverage Form EGL 102E 09 24 Contractors Conditions Of Coverage
IL-0017(11/98) Common Policy Conditions
CPL 361CM 05 23 Claims Made And Reported Asbestos And Lead Based Paint Coverage Endorsement EGL 313 06 09 Designated Contracting Services
EIL 300 02 23 Crisis And Reputation Management
CPL 346 03 23 Blanket Non-Owned Disposal Site Coverage Endorsement CPL 360 12 22 Enhanced Designated Contracting Services Endorsement CPL 365 08 20 Mold, Mildew And Fungus Coverage
CPL 508 03 10 EIFS Exclusion
EGL 360 03 20 Communicable Disease Exclusion
EGL 364 12 23 Excl - Access Or Disclosure Of Confidential Or Personal And Data-Related Liab EIL 301 04 23 Exclusion - Perfluoroalkyl And Polyfluoroalkyl Substances (PFAS) RIL-099ENV(06/21) Service Of Suit And Conditions Endorsement RIL-2138A 01 21 Limited Terrorism Exclusion (Other Than Certified Acts) RIL-2145(01/15) Exclusion Of Terrorism Involving NBCR Terrorism ILF-0001(04/22) Signature Page
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.

RIL 100(06/98) Page 1 of 1
Insured
(1) A defect, deficiency, inadequacy, or dangerous condition in Your Product or Your Work; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms.
h. Discrimination
Any Claim, Suit, or Damages, arising out of the actual or alleged discrimination by any insured on the basis of age, color, race, sex, creed, national origin, marital status, disability, or sexual orientation. i. Electronic Data
Any Claim, Suit, Damages, Bodily Injury, Property Damage, or Corrective Action Costs arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate Electronic Data.

As used in this exclusion, Electronic Data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices, or any other media which are used with electronically controlled equipment.
j. Employer's Liability
Any Claim, Suit, or Damages arising out of any Bodily Injury to:
(1) An Employee of any Insured or any subcontractor arising out of and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother, sister, or domestic partner of that Employee as a consequence of Paragraph (1) above.

This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share Damages with or repay someone else who must pay Damages because of the injury.

This exclusion does not apply to liability assumed by the insured under an Insured Contract. k. Warranties Or Guarantees
Any Claim, Suit, or Damages based upon or arising out of warranties or guarantees.

I. Failure To Perform
The return of fees or charges for services rendered, including but not limited to the contract price, costs, or expenses incurred to perform or correct the Contracting Services that were to be performed by any insured, or expenses incurred by any insured for redesign, changes, additions, or remedies necessitated by a Claim, including the time and expense incurred by any insured in assisting in resolving the Claim. m. Fines, Penalties And Assessments
Any fines, penalties, or assessments or any punitive, exemplary, or multiplied Damages arising out of or related to in the performance of Contracting Services by the insured. We shall have no duty to defend any criminal proceedings.

However, where permitted by law, this exclusion does not apply to any civil fines, penalties, or assessments or any punitive, exemplary, or multiplied Damages.

CPL 101 03 23 Contains copyrighted material of Insurance Services Office, Inc. Page 4 of 20 Insured

City Council/Public Financing AuthorityApril 21, 2026

City Council/Public Financing Authority
April 21, 2026