Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2400 - SoCal Acoustical, Inc. - Acoustic Panels (Rosemead Community Recreation Center & Garvey Gym)
641116� ..S PUBLIC WORKS CONTRACT ACOUSTIC PANELS (ROSEMEAD COMMUNITY RECREATION CENTER & GARVEY GYM) THIS AGREEMENT "Agreement" is made and entered into on May 26th 2026, by and between the City of Rosemead, a general law city, located in the County of Los Angeles, State of California ("City"), and SoCal Acoustical, Inc. a corporation (corporation or partnership, or limited liability company corporation), located at 12425 Mills Avenue, Ste. A-3 Chino, CA 91710 ("Contractor"), collectively referred to as the Parties. NOW, THEREFORE, in consideration of the promises and of the mutual covenants and agreements herein contained, said parties do hereby agree as follows: Section 1. Contract Documents. This Contract consists of the following documents ("Contract Documents"), all of which are made a part of this Contract: 1.1 This Contract 1.2 Verification of California Contractor's License 1.3 Contractor's Certificate Regarding Workers' Compensation 1.4 Security for payment (labor and materials) 1.5 Security for performance 1.6 Certificate(s) of Insurance 1.7 General Conditions/Specifications 1.8 Special Provisions 1.9 Plans and Standard Drawings 1.10 Standard Specifications for Public Works Construction "S.S.P.W.C" or "Greenbook". 1.11 Addenda Nos. N/A 1.12 Other documents (list here) N/A Public Works Contract under $50,000 12/2025 Form 4907-9715-0039 v1 All of the above -mentioned documents are intended to complement the other documents so that any work called for in one, and not mentioned in the others, or vice versa, is to be executed the same as if mentioned in all of said documents. In the event of a discrepancy between the provisions of the Contractor's documents and the City's documents, the City's documents take precedence with respect to resolution of the discrepancy. Section 2. The Work. 2.1 Contract Documents Define "Work". The work ("Work") to be performed by Contractor is described in the Contract Documents ("Attachment B"). 2.2 Professional Standards Required. In completing the Work, Contractor must employ, at a minimum, the applicable generally accepted professional standards of its industry in existence at the time of performance as utilized by persons engaging in similar work. 2.3 Contractor Provides All Equipment. Except as specifically provided in the Contract Documents, Contractor must furnish, at its sole expense, all of the labor, materials, tools, equipment, services and transportation necessary to perform all of the Work. 2.4 Contract Documents Strictly Control. Contractor must perform all of the Work in strict accordance with the Contract Documents. Section 3. Time to Perform the Work. 3.1 Time is of Essence. Time is of the essence with respect to Contractor's Work. Contractor agrees to diligently pursue performance of the Work within the time specified by the Contract Documents. 3.2 Excusable Delays. Contractor will be excused from any delay in performance or failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts of terrorism, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. 3.3 Notification of Delays. If Contractor is delayed by any cause beyond Contractor's control, City may, but is not required to, grant a time extension for the completion of the Work. If delay occurs, Contractor must notify City in writing within 48 hours of the cause and the extent of the delay and how such delay interferes with Contractor's performance of the Work. Section 4. Compensation and Payment. 4.1 Compensation. Subject to any limitations provided in the Contract Documents, City agrees to pay Contractor as full consideration for the faithful performance of all of the Work the total amount of Forty-nine thousand seven hundred forty-seven Dollars ($49,747.00) ("Compensation"). 4.2 Monthly Invoice. Contractor must furnish City with an invoice for the Work performed in accordance with the Contract Documents. Contractor may not submit invoices more often than once every 30 days. Public Works Contract under $50,000 12/2025 Form 4907-9715-0039 v1 4.3 City Review of Invoices. City will review each invoice and determine whether the Work performed is in accordance with the Contract Documents. The Director may require Contractor to provide a release of all undisputed Contract amounts contained in the invoice. 4.4 Disputes on Invoices. If City disputes any item on an invoice, City will give Contractor notice stating the reasons for the dispute. The Parties will meet and confer in good faith to attempt to resolve the dispute. 4.5 30 Days to Pay Invoice. Except as to any charges for the Work performed that the City disputes, City will cause Contractor to be paid within 30 days of the date of the invoice or the date that Contractor furnishes City with a release of all undisputed Contract amounts, whichever occurs later. 4.6 Partial Invoices. In the event there is any claim specifically excluded by Contractor from the operation of any release, City may retain an amount not to exceed the amount of the excluded claim. 4.7 No Additional Compensation. Said Compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the contract documents, and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 4.8 Retention of 5% of Contract Price. City shall retain five percent (5%) of the Compensation the provisions of Section 16, entitled "Notice of Completion" herein have been met. 4.9 This Agreement is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to Contractor of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with that Article. This Agreement hereby incorporates the provisions of Article 1.7 as though fully set forth herein. 4.10 Final payment, constituting the entire unpaid balance of Compensation, shall be paid by City to Contractor no sooner than thirty-five (35) days after a Notice of Completion has been recorded, unless otherwise stipulated in the Notice of Completion, provided the work has then been completed, the Contract fully performed, and a final certificate for payment has been issued. Section 5. Labor Code Requirements. 5.1 Compliance with SIB 854 Registration: This Work is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No prime Public Works Contract under $50,000 12/2025 Form 4907-9715-0039 v1 contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The Contractor will be required to post job site notices as described in 8 California Code of Regulation section 16451(d). 5.2 Compliance with Prevailing Wage Laws. Contractor is aware of and will comply with the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., and California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. 5.3 Penalty Excessive Work Hours. Contractor acknowledges that under California Labor Code sections 1810 and following, 8 hours of labor constitutes a legal day's work. Contractor will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813.) 5.4 List of Current Prevailing Wages. Copies of the determination of the Director of the Department of Industrial Relations of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this Contract will be made available upon request from the Director's office at 8838 East Valley Boulevard, Rosemead CA 91770. 5.5 Posting of Prevailing Wages Required. Contractor must post at the work site, or if there is no regular work site then at its principal office, for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2.) 5.6 Payment of Prevailing Wages Required. Contractor, and any subcontractor engaged by Contractor, must pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records. 5.7 Indemnification for Non -Compliance. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5.8 Penalty for Insufficient Payment. Contractor must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor may forfeit as a penalty to City up to $50.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which Public Works Contract under $50,000 12/2025 Form 4907-9715-0039 v1 the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate. 5.9 Use of Apprentices. Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices in the execution of the Contract. Contractor is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice's work for every five hours of labor performed by a journeyman (unless an exception is granted under §1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations. Section 6. Non -Discrimination. 6.1 No Illegal Discrimination. Contractor shall not discriminate in its recruiting, hiring, promotion, demotion or termination practices on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation in the performance of this Agreement and shall comply with the provisions of the California Fair Employment and Housing Act as set forth in Part 2.8 of Division 3, Title 2 of the California Government Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88-352, and all amendments thereto; Executive Order 11246; and all administrative rules and regulations issued pursuant to such acts and order. 6.2 Compliance With Immigration Laws. Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 USCA 1101, et seq.), as amended; and, in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should the Federal Government impose sanctions against the City for such use of unauthorized aliens, Contractor hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorney's fees, incurred by the City in connection therewith. Public Works Contract under $50,000 12/2025 Form 4907-9715-0039 v1 Section 7. General Legal Compliance. 7.1 Compliance With All Laws. In performing the Work, Contractor must comply with all applicable statutes, laws and regulations, including, but not limited to, OSHA requirements and the Rosemead Municipal Code. 7.2 Permits & Licenses Required. Contractor must, at Contractor's sole expense, obtain all necessary permits and licenses required for the Work, and give all necessary notices and pay all fees and taxes required by law, including, without limitation, any business license tax imposed by City. 7.3 Contractors License Required. Contractor must maintain a valid California Contractor's License throughout the term of this Contract. Section 8. Clayton and Cartwright Act Assignments. In entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract for the Project, Contractor and any or subcontractor is deemed to have offered and agreed to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services, or materials for the Project. This assignment will be deemed made and will become effective at the time City tenders final payment to Contractor, without further acknowledgement by the Parties. Section 9. Hazardous waste and unknown conditions. 9.1 Notification of Hazardous Material Required. Contractor shall, without disturbing the condition, notify City in writing as soon as Contractor, or any of Contractor's subcontractors, agents or employees have knowledge and reporting is possible, of the discovery of any of the following conditions: 9.1.1 The presence of any material that the Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code; 9.1.2 Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or, 9.1.3 Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of this character provided for in this Contract. 9.2 Fencing off Hazardous Material. Pending a determination by City of appropriate action to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. 9.3 City's Investigation of Conditions. City shall promptly investigate the reported conditions. If City, through its Director or director's designee, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in the Contractor's Public Works Contract under $50,000 12/2025 Form 4907-9715-0039 v1 cost of, or time required for, performance of any part of the work, then City shall issue a change order. 9.4 No Unapproved Delay For Hazardous Materials. In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the Contract. Contractor shall retain any and all rights which pertain to the resolution of disputes and protests between the parties. Section 10. Independent Contractor. Contractor is and will at all times remain as to City a wholly independent contractor. Neither the City nor any of its officers, employees, or agents will have control over the conduct of Contractor or any of Contractor's officers, employees, agents or subcontractors, except as expressly set forth in the Contract Documents. Contractor may not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors are in any manner officers, employees, agents or subcontractors of City. Section 11. Warranty & Guarantee 11.1 New Materials. Contractor guarantees that all materials and equipment furnished will be new unless otherwise specified in the Contract Documents. 11.2 One Year Guarantee. Contractor guarantees all materials and equipment furnished and Work performed for a period of one (1) year from the date of substantial completion is free from all defects due to faulty materials or workmanship. Contractor shall promptly make such corrections as may be necessary by reasons of such defects including the repairs of any damage to other property, whether real or personal. The City will give notice of observed defects with reasonable promptness. If Contractor fails to make such repairs, or other Work that may be made necessary by such defects, the City may do so and charge the Contractor the cost thereby incurred, plus 10% for administrative expenses. The Performance Bond shall remain in full force and effect through the guarantee period. Contractor shall execute the Public Improvement Warranty attached hereto and incorporate hereon by this reference as Attachment "A." Section 12. Bonds.Contractor shall provide a payment bond and a performance bond consistent with the terms of this section, unless City expressly waives this requirement in writing. Notwithstanding the foregoing, consistent with Civil Code § 9550 et seq., if the Compensation exceeds $25,000, in no event may the City waive the duty to provide a performance bond. Each bond shall (1) be in writing; (2) signed by at least one admitted surety insurer under oath; (3) if a bond is signed by more than one surety insurer, include a statement that the sureties are jointly and severally liable on the obligations required hereunder; (4) list the address at which the principal and surety/sureties may be served with notices, papers, and other documents under this chapter; (5) be in the form of a bond and not in a deposit in lieu of a bond; (6) be consistent with any other requirements of the City that reasonably relate to a guarantee that the project will be completed at no cost to the City. Public Works Contract under $50,000 12/2025 Form 4907-9715-0039 v1 12.1 Payment Bond. Contractor, before commencing said Project, shall furnish and file with City a bond, or bonds, in a form satisfactory to the City, in the sum of one hundred percent (100%) of the contract price thereof conditioned upon the faithful performance of this Agreement and upon the payment of all labor and materials furnished in connection with this contract. 12.2 Performance Bond. Contractor shall provide City with a bond in the sum of one hundred percent (100%) of the Compensation to guarantee the completion of the Work, to protect City if Developer is in default of this Agreement, and to secure Contractor's one-year guarantee and warranty. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a portion or portions of the security provided under this section as the Public Improvements are accepted by City, provided that Contractor is not in default on any provision of this Agreement. All security provided under this section shall be released at the end of the warranty period described in section 11.2, above, provided that Contractor is not in default on any provision of this Agreement. Section 13. Indemnification. 13.1 City and each of its officers, employees, consultants and agents including, without limitation, the City Council, Project Manager and each City Representative, shall not be liable or accountable in any manner for loss or damage that may happen to any part of the Work; loss or damage to materials or other things used or employed in performing the Work; injury, sickness, disease, or death of any person; or damage to property resulting from any cause whatsoever except their sole negligence, willful misconduct or active negligence, attributable to performance or character of the Work, and Contractor releases all of the foregoing persons and entities from any and all such claims. 13.2 To the furthest extent permitted by law (including, without limitation, Civil Code Section 2782), Contractor shall defend, indemnify, and hold harmless, City and each of its officers, officials, employees, representatives, volunteers, consultants and agents including, without limitation, the City Council, Project Manager and each City Representative, from claims, suits, actions, losses and liability of every kind, nature and description including, without limitation, claims and fines of regulatory agencies and attorney's fees and consultant's fees, directly or indirectly arising out of, connected with, or resulting from performance of the Work, failure to perform the Work, or condition of the Work that is caused in whole or part by any act or omission of Contractor, Subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, resulting from any cause whatsoever except for liability for loss, damage, or expense arising from City's sole negligence, willful misconduct, or active negligence. 13.3 In the event of any dispute between Contractor and City, as to whether liability arises from the sole or active negligence of the City or its officers, employees, or agents, Contractor will be obligated to pay for City's defense until such time as a final judgment has been entered adjudicating the City as solely or actively negligent. Contractor will not be entitled in the absence of such a determination to Public Works Contract under $50,000 12/2025 Form 4907-9715-0039 v1 any reimbursement of defense costs including but not limited to attorney's fees, expert fees, and costs of litigation. 13.4 With respect to third -party claims against Contractor, Contractor waives any and all rights to any type of express or implied indemnity including, without limitation, costs of defense, against City and each of its officers, officials, employees, consultants and agents including, without limitation, City, the City Council, Project Manager and each City Representative. City shall provide timely notice to Contractor of any third -party claim relating to the Contract Documents, in accordance with Public Contract Code Section 9201. 13.5 Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its Subcontractors of any tier, or the officers or agents of any of them. 13.6 To the furthest extent permitted by law (including, without limitation, Civil Code §2782), the indemnities, releases of liability and limitations of liability, claims procedures, and limitations of remedy expressed throughout Contract Documents shall apply even in the event of breach of Contract, passive negligence, fault or strict liability of the party(ies) indemnified, released, or limited in liability, and shall survive the termination, rescission, breach, abandonment, or completion of the Work or the terms of the Contract Documents. If Contractor fails to perform any of these defense or indemnity obligations, City may in its discretion back charge Contractor for City's costs and damages resulting therefrom and withhold such sums from progress payments or other Contract moneys which may become due. 13.7 City's officers, representatives, directors, agents, volunteers, or employees shall not be personally responsible for any liability arising under the Agreement, except such obligations as are specifically set forth herein. 13.8 Withholding Funds. In the event of any Claim made against City, City may, in its sole discretion, reserve, retain or apply any funds due to Contractor under this Contract for the purpose of resolving such Claim. 13.9 Survival of Terms. The provisions of this section will survive the expiration or earlier termination of this Agreement. Section 14. Insurance. Contractor shall not commence work under this contract until Contractor shall have obtained all insurance required by the Contract Documents and such insurance shall have been approved by City as to form, amount and carrier, nor shall Contractor allow any subcontractor to commence work on any subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved. (A) Workers' Compensation Insurance. Contractor shall take out and maintain, during the life of this Agreement, Workers' Compensation Insurance and Employer's Liability Insurance for all of Contractor's employees employed at the site of improvement; and, if any work is sublet, Contractor shall require the subcontractor similarly to provide Workers' Compensation Insurance and Employers' Liability Insurance in accordance with Labor Code Section 3700 for all of the latter's employees, unless such employees Public Works Contract under $50,000 12/2025 Form 4907-9715-0039 v1 are covered by the protection afforded by Contractor. If any class of employees engaged in work under this contract at the site of the Project is not protected under any Workers' Compensation law, Contractor shall provide and shall cause each subcontractor to provide adequate insurance for the protection of employees not otherwise protected. Contractor shall indemnify City for any damage resulting to it from failure of either Contractor or any subcontractor to take out or maintain such insurance. (i) Workers Compensation Insurance in the amount of not less than Statutory Limits set by the State of California. (ii) Employer's LiabilitV Insurance in the amount of not less than ONE MILLION DOLLAR ($1,000,000). (B) COMMERCIAL GENERAL LIABILITY, PRODUCTS/COMPLETED OPERATIONS HAZARD, AUTOMOBILE LIABILITY, AND CONTRACTUAL GENERAL LIABILITY INSURANCE. (i) Commercial General Liability Insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than ONE MILLION DOLLAR ($1,000,000) per occurrence, TWO MILLION DOLLARS ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. (ii) Products/Completed Operations Hazard Insurance. CONTRACTOR shall maintain Products/Completed Operations Hazard insurance with coverage in an amount not less than ONE MILLION DOLLAR ($1,000,000) per claim. Products liability coverage shall extend for a minimum of three years (3) after project completion, and completed operations coverage for construction agreements shall extend for 10 years from the date of substantial completion of the project or the statute of repose, whichever is longer. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed "by or on behalf' of the insured. Policy shall contain no language that would invalidate or remove the insurer's duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage. (iii) Automobile Liability Insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection Public Works Contract under $50,000 12/2025 Form 4907-9715-0039 v1 with work to be performed under this agreement, including coverage for any owned, hired, non -owned, or rented vehicles, in an amount not less than ONE MILLION DOLLAR ($1,000,000) combined single limit for each accident. (C) CONTRACTOR'S POLLUTION LIABILITY, TRANSPORTATION POLLUTION LIABILITY, BUILDER'S RISK, AND INSTALLATION EXPOSURE INSURANCE. (i) BUILDER'S RISK INSURANCE. Upon commencement of construction and with approval of CITY, CONTRACTOR shall obtain and maintain builder's risk (course of construction) for the entire duration of the project until only the CITY has an insurable interest. The builder's risk coverage shall include the coverages as specified below: a. The named insureds shall be CONTRACTOR and CITY, including its officers, officials, employees, representatives, agents, and volunteers. All Subcontractors (excluding those solely responsible for design work) of any tier and suppliers shall be included as additional insureds as their interests may appear. CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to CITY. The policy shall contain a provision that all proceeds from the builder's risk policy shall be made payable to the CITY. The CITY will act as a fiduciary for all other interests in the Project. b. Project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub - limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub -limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to CITY to ensure adequacy of terms and sublimits and shall be submitted to the CITY prior to commencement of construction. Public Works Contract under $50,000 12/2025 Form 4907-9715-0039 v1 (ii) INSTALLATION "FLOATER" EXPOSURE INSURANCE. If required by the CITY or not covered by builders' risk (course of construction) coverage, CONTRACTOR shall obtain an "installation floater" for the value of the property and covering the portion of the work to be constructed, installed, altered, or repaired by CONTRACTOR. The installation floater policy must include coverage for the fixtures, materials, supplies, machinery, and equipment used in or incidental to the construction project as well as property kept off -site or while in transit. Coverage must include property of others in the CONTRACTOR'S care, custody, or control. In addition to CONTRACTOR, the CITY and all subcontractors shall be named as additional insureds on the policy with coverage extending through the final completion date. (D) PROOF OF INSURANCE. CONTRACTOR shall provide certificates of insurance and required endorsements to CITY as evidence of insurance coverage required herein. Insurance certificates and endorsements must be approved by CITY prior to the commencement of work. Current certification of insurance shall be kept on file with CITY for the contract period and any additional length of time required thereafter. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. (E) NOTICE TO COMMENCE WORK. The City will not issue any notice authorizing Contractor or any subcontractor to commence work under this contact until Contractor has provided to the City the proof of insurance as required. (F) DURATION OF COVERAGE. CONTRACTOR shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of work hereunder by CONTRACTOR, their agents, representatives, employees, or subcontractors. (G) PRIMARY/NONCONTRIBUTING. Coverage provided by CONTRACTOR shall be primary and an insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on primary and non-contributory basis for the benefit of CITY before the CITY's own insurance or self-insurance shall be called upon to protect it as named insured. (H) CITY'S RIGHTS OF ENFORCEMENT. In the event any policy of insurance required under this agreement does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold Public Works Contract under $50,000 12/2025 Form 4907-9715-0039 v1 amounts sufficient to pay premium from CONTRACTOR'S payments. In the alternative, CITY may cancel this agreement. (1) ACCEPTABLE INSURERS. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholder's Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best' Key Rating Guide, unless otherwise approved by the Director of Human Resources & Risk Management. 14.2 WAIVER OF SUBROGATION. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees, representatives and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against CITY and shall require similar written express waivers and insurance clauses from each of its subcontractors. 14.3 ENFORCEMENT OF CONTRACT PROVISIONS (NONESTOPPEL). CONTRACTOR acknowledges and agrees that any actual or alleged failure on part of the CITY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder. 14.4 REQUIREMENTS NOT LIMITING. Requirements of specific coverage features or limits contained in this section are not intended as limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 14.5 NOTICE OF CANCELLATION. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide the CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the CONTRACTOR'S insurers are unwilling to provide such notice, then CONTRACTOR shall have the responsibility of notifying the CITY immediately in the event of CONTRACTOR'S failure to renew any of the required insurance coverages, or insurer's cancellation or nonrenewal. 14.6 ADDITIONAL INSURED STATUS. General Liability, Automobile Liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide Public Works Contract under $50,000 12/2025 Form 4907-9715-0039 v1 that CITY and its officers, officials, employees, agents, representatives, and volunteers shall be additional insureds under such policies. 14.7 PROHIBITION OF UNDISCLOSED COVERAGE LIMITATIONS. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing. 14.8 SEPARATION OF INSUREDS. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR'S insurance shall apply separately to each insured again whom claim is made or suit is brough, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions. 14.9 PASS THOUGH CLAUSE. CONTRACTOR agrees to ensure that its subcontractors, subcontractors, and any other party who is brough onto or involved in the project/service by CONTRACTOR (hereinafter collectively "subcontractor"), provide the same minimum insurance coverage and endorsements required of CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event CONTRACTOR'S subcontractor cannot comply with this requirement, which proof must be submitted to the CITY, CONTRACTOR shall be required to ensure that its subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with subcontractor's scope of work and services, with limits less than required of the CONTRACTOR, but in all other terms consistent with the CONTRACTOR's requirements under this agreement. This provision does not relieve the CONTRACTOR' of its contractual obligations under the agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended to solely provide CONTRACTOR with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the CONTRACTOR under this agreement given the limited scope of work or services provided by the subcontractor. CONSULANT agrees that upon request, all agreements with subcontractors, and others engaged in this project, will be submitted to CITY for review. 14.10 CITY'S RIGHT TO REVISE SPECIFICATIONS. The CITY reserves the right to at any time during the term of the contract to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the CITY and CONTRACTOR may renegotiate the CONTRACTOR'S compensation. 14.11 SELF -INSURED RETENTIONS. Any self -insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administrative, and defense expenses within the retention through confirmation from the underwriter. Public Works Contract under $50,000 12/2025 Form 4907-9715-0039 v1 14.12 TIMELY NOTICE OF CLAIMS. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR'S performance under this agreement, and that involve or may involve coverage under any of the required liability policies. 14.13 ADDITIONAL INSURANCE. CONTRACTOR shall also procure and maintain, at this own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Section 15. Liquidated Damages. The parties agree that it would be impractical and extremely difficult to fix the actual damages to the CITY in the event the Project is not commenced and/or completed on or before the dates specified for commencement and completion of the Project in the Contract Documents. The parties have considered the facts of a breach of this contract and have agreed that the liquidated damages sum hereinafter set forth is reasonable as liquidated damages in the event of a breach, and that said sum shall be presumed to be the amount of the damages sustained by the CITY in the event such work is not completed and accepted within the number of working days so specified in the Contract Documents, the sum of Five Hundred Dollars ($ 500.00) shall be presumed to be the amount of damages suffered by the CITY for each day's delay in completion and acceptance of said Project after the days specified in the Contract Documents for the duration of the project thereof, and Contractor hereby agrees to pay said sum of Five Hundred Dollars ($500.00) as liquidated damages for each day of delay in completing and acceptance of said Project beyond the days specified in the Contract Documents. Any and all such liquidated damages assessed shall be done so in accordance with that certain edition of the Standard Specification for Public Works Construction currently in effect on the execution date of this Contract. Section 16. Notice of Completion. Upon completion of Project and acceptance of same by the City Council, the City Clerk shall have cause to be recorded a Notice of Completion with the office of the Los Angeles County Recorder; and, after thirty- five (35) days from the date said Notice of Completion is recorded, the Director of Finance of CITY shall release the funds retained pursuant to Section 4 (entitled "Compensation and Payment"); provided there have been no mechanics' liens or stop notices filed against said work which have not been paid, withdrawn or eliminated as liens against said work. Section 17. Notice. 17.1 Addresses. All written notices required or permitted to be given under this Contract will be deemed made when received by the other Party at its respective address as follows: To City: City of Rosemead 8838 East Valley Boulevard Rosemead CA 91770 Attention: Sam Gutierrez, Director of Public Works Tel: (626) 569-2158 Email: squtierrez(cDrosemeadca.gov Public Works Contract under $50,000 12/2025 Form 4907-9715-0039 v1 To Contractor: SoCal Acoustical, Inc. 12425 Mills Avenue, Ste. A-3 Chino, CA 91710 Attention: Bryan Leos Tel: (626) 705-4384 Email: Bryan(a�-socalacousticalwalls.com 17.2 Effectiveness of Notice. Notice will be deemed effective on the date personally delivered or transmitted by facsimile. If the notice is mailed, notice will be deemed given three days after deposit of the same in the custody of the United States Postal Service, postage prepaid, for first class delivery, or upon delivery if using a major courier service with tracking capabilities. 17.3 Change of Address. Any Party may change its notice information by giving notice to the other Party in compliance with this section. Section 18. Termination 18.1 Termination. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination will be in writing. 18.2 Replacement Contractor. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. 18.3 Waiver and Termination. By executing this document, Contractor waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 18.4 Completion After Termination. If CITY takes over the Work as provided in this Section, CITY may, without liability for so doing, take possession of, and utilize in completing the Work, such materials, appliances, plant, and other property belonging to Contractor as may be on the site of the Work and necessary for the completion of the Work. Section 19. Proiect Documents. All data, drawings, maps, models, notes, photographs, reports, studies and other documents (collectively, "Project Documents") prepared, developed or discovered by Contractor in the course of performing any of the Work under this Contract will become the sole property of CITY. Upon the expiration or termination of this Contract, Contractor must turn over all original Project Documents to CITY in its possession, but may retain copies of any of the Project Documents it may desire. Section 20. General Provisions. 20.1 Authority to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the undersigned to execute this Contract and to bind it to the performance of its obligations. 20.2 Assignment. Contractor may not assign this Contract without the prior written consent of CITY, which consent may be withheld in the CITY's sole discretion since Public Works Contract under $50,000 12/2025 Form 4907-9715-0039 v1 the experience and qualifications of Contractor were material considerations for this Contract. 20.3 Binding Effect. This Agreement is binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties. 20.4 Integrated Contract. This Contract, including the Contract Documents, is the entire, complete, final and exclusive expression of the Parties with respect to the Work to be performed under this Contract and supersedes all other agreements or understandings, whether oral or written, between Contractor and CITY prior to the execution of this Contract. 20.5 Modification of Contract. No amendment to or modification of this Contract will be valid unless made in writing and approved by Contractor and by the City Council or City Manager, as applicable. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void. 20.6 Counterparts and Facsimile Signatures. This Contract may be executed in several counterparts, each of which will be deemed an original, and all of which, when taken together, constitute one and the same instrument. Amendments to this Contract will be considered executed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will have the same effect as an original signature. 20.7 Waiver. Waiver by any Party of any term, condition, or covenant of this Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Contract will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Contract. Acceptance by CITY of any Work performed by Contractor will not constitute a waiver of any of the provisions of this Contract. 20.8 Interpretation. This Contract will be interpreted, construed and governed according to the laws of the State of California. Each party has had the opportunity to review this Contract with legal counsel. The Contract will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party. 20.9 Severability. If any term, condition or covenant of this Contract is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Contract will not be affected and the Contract will be read and construed without the invalid, void or unenforceable provision. 20.10 Venue. In the event of litigation between the parties, venue in state trial courts will be in the County of Los Angeles. In the event of litigation in a U.S. District Court, venue will be in the Central District of California, in Los Angeles. 20.11 Electronic Transmission of Contract and Signature. The Parties agree that this Agreement may be signed and transmitted by electronic mail by either/any or both/all Parties, and that such signatures shall have the same force and effect as Public Works Contract under $50,000 12/2025 Form 4907-9715-0039 v1 original signatures, in accordance with California Government Code section 16.5 and Civil Code section 1633.7. Section 21. Record Audit. In accordance with Government Code § 8546.7, records of both the CITY and the Contractor shall be subject to examination and audit by the CITY for a period of three (3) years after final payment. [signatures on the following page] Public Works Contract under $50,000 12/2025 Form 4907-9715-0039 v1 THE UNDERSIGNED AUTHORIZED REPRESENTATIVES of the Parties have executed this Contract as follows: [a]WK072:%144,vil me Ben Ki M nager Oate ATTEST: Ericka Hernandez, City Clerk APPROVED AS TO FORM: .&A-3121, D to achel Richman Dat City Attorney Public Works Contract under $50,000 12/2025 Form 4907-9715-0039 v1 CONTRACTOR SoCal Acoustical, Inc. Tax Payer ID: 1014260 Print Name: Bryan Leos Title: President (President, VP) Sign ture Print Name: Bryan Leos Title: Treasurer (Treasurer, Secretary) AC�R�® v CERTIFICATE OF LIABILITY INSURANCE ` DATE (MMIDD/YYYY) 10/14/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Don Ramatici Insurance, Inc. 731A Southpoint Boulevard Petaluma CA 94954 CONTACT NAME: Melissa Ramos PHONE FAX IAMAINo.L 707-782-9200 ac No:707-782-9300 ADDRESS: merissa@ramaticiins.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: Travelers Property Casualty Co 25674 License* 0449871 INSURED SONILLC-01 INSURER B : Upland Specialty Insurance Com 16988 Sonic.net LLC Sonic Telecom, LLC INSURER C: The Travelers Indemnity Com an 25666 2260 Apollo Way INSURER D : I INSURER E : Santa Rosa CA 95407 INSURER F : COVERAGES CERTIFICATE NUMBER: 177062589 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER FOLICY EFF YYW MPOLICYEXP YYY LIMITS A X COMMERCIALGENERALLIABILITY CLAIMS -MADE %� OCCUR Y Y 630-9P529874 11/15/2025 11/15/2026 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ff] jEo LOC OTHER: GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 Liability Deductible $ 15,000 C AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY CAP-9P529862 11/15/2025 11/15/2026 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ Liability Deductible $10,000 A X UMBRELLALIAB EXCESS LIAB X OCCUR CLAIMS -MADE CUP-913531476 11/15/2025 11/15/2026 EACH OCCURRENCE $15,000,000 AGGREGATE $ 15,000,000 DED I X I RETENTION $ n $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA UB-7S655681 11/15/2026 11/15/2026 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 C B Auto Physical Damage Excess (2nd Layer) CAP-9P529862 USXSLO187625 11/15/2025 11/15/2025 11/15/2026 11/15/2026 Comp/Coll Ded. Limit $10.000 / $10,000 $10.000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Rosemead is named as Additional Insured with primary non- contributory & waiver of subrogation per attached form(s). RFRTIPICATF Wni nF:P CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Rosemead ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Department AUTHORIZED REPRESENTATIVE 8838 E. Valley Rosemead CA 91770 9S;4� ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Policy: 630-9P529874 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR TECHNOLOGY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Non -Owned Watercraft — 75 Feet Long Or Less B. Who Is An Insured — Unnamed Subsidiaries C. Who Is An Insured — Employees — Supervisory Positions D. Who Is An Insured — Newly Acquired Or Formed Limited Liability Companies E. Who Is An Insured — Liability For Conduct Of Unnamed Partnerships Or Joint Ventures F. Blanket Additional Insured — Persons Or Organizations For Your Ongoing Operations As Required By Written Contract Or Agreement G. Blanket Additional Insured — Broad Form Vendors H. Blanket Additional Insured — Controlling Interest PROVISIONS I. Blanket Additional Insured — Mortgagees, Assignees, Successors Or Receivers J. Blanket Additional Insured —Governmental Entities — Permits Or Authorizations Relating To Premises K. Blanket Additional Insured —Governmental Entities — Permits Or Authorizations Relating To Operations L. Medical Payments — Increased Limit M. Blanket Waiver Of Subrogation N. Contractual Liability —Railroads O. Damage To Premises Rented To You A. NON -OWNED WATERCRAFT — 75 FEET LONG OR LESS 1. The following replaces Paragraph (2) of Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A — BODILY B INJURY AND PROPERTY DAMAGE LIABILITY: (2) A watercraft you do not own that is: (a) 75 feet long or less; and (b) Not being used to carry any person or property for a charge; 2. The following replaces Paragraph 2.e. of SECTION II — WHO IS AN INSURED: e. Any person or organization that, with your express or implied consent, either uses or is responsible for the use of a watercraft that you do not own that is: (1) 75 feet long or less; and (2) Not being used to carry any person or property for a charge. WHO IS AN INSURED — UNNAMED SUBSIDIARIES The following is added to SECTION II — WHO IS AN INSURED: Any of your subsidiaries, other than a partnership or joint venture, that is not shown as a Named Insured in the Declarations is a Named Insured if: a. You are the sole owner of, or maintain an ownership interest of more than 50% in, such subsidiary on the first day of the policy period; and b. Such subsidiary is not an insured under similar other insurance. CG D4 17 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 5 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal and advertising injury" caused by an offense committed: a. Before you maintained an ownership interest of more than 50% in such subsidiary; or b. After the date, if any, during the policy period that you no longer maintain an ownership interest of more than 50% in such subsidiary. For purposes of Paragraph 1. of Section II —Who Is An Insured, each such subsidiary will be deemed to be designated in the Declarations as: a. A limited liability company; b. An organization other than a partnership, joint venture or limited liability company; or c. A trust; as indicated in its name or the documents that govern its structure. C. WHO IS AN INSURED — EMPLOYEES — SUPERVISORY POSITIONS The following is added to Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Paragraphs (1)(a), (b) and (c) above do not apply to "bodily injury" to a co -"employee" while in the course of the co -"employee's" employment by you arising out of work by any of your "employees" who hold a supervisory position. D. WHO IS AN INSURED — NEWLY ACQUIRED OR FORMED LIMITED LIABILITY COMPANIES The following replaces Paragraph 3. of SECTION II — WHO IS AN INSURED: 3. Any organization you newly acquire or form, other than a partnership or joint venture, and of which you are the sole owner or in which you maintain an ownership interest of more than 50%, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it; or organization in writing to us within 180 days after you acquire or form it; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. For the purposes of Paragraph 1. of Section II — Who Is An Insured, each such organization will be deemed to be designated in the Declarations as: a. A limited liability company; b. An organization, other than a partnership, joint venture or limited liability company; or c. A trust; as indicated in its name or the documents that govern its structure. E. WHO IS AN INSURED — LIABILITY FOR CONDUCT OF UNNAMED PARTNERSHIPS OR JOINT VENTURES The following replaces the last paragraph of SECTION II — WHO IS AN INSURED: No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. This paragraph does not apply to any such partnership or joint venture that otherwise qualifies as an insured under Section II —Who Is An Insured. F. BLANKET ADDITIONAL INSURED — PERSONS OR ORGANIZATIONS FOR YOUR ONGOING OPERATIONS AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is not otherwise an insured under this Coverage Part and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury" or "property damage" that: a. Occurs subsequent to the signing of that contract or agreement; and (2) Until the end of the policy period, b. Is caused, in whole or in part, by your acts or when that date is later than 180 days omissions in the performance of your ongoing after you acquire or form such operations to which that contract or organization, if you report such Page 2 of 5 © 2017 The Travelers Indemnity Company. All rights reserved. CG D4 17 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. agreement applies or the acts or omissions of any person or organization performing such operations on your behalf. The limits of insurance provided to such insured will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. G. BLANKET ADDITIONAL INSURED — BROAD FORM VENDORS The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is a vendor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury" or "property damage" that: a. Occurs subsequent to the signing of that contract or agreement; and b. Arises out of "your products" that are distributed or sold in the regular course of such vendor's business. The insurance provided to such vendor is subject to the following provisions: a. The limits of insurance provided to such vendor will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. b. The insurance provided to such vendor does not apply to: (1) Any express warranty not authorized by you or any distribution or sale for a purpose not authorized by you; (2) Any change in "your products" made by such vendor; (3) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (4) Any failure to make such inspections, adjustments, tests or servicing as vendors agree to perform or normally undertake to perform in the regular course of business, in connection with the distribution or sale of "your products"; (5) Demonstration, installation, servicing or repair operations, except such operations COMMERCIAL GENERAL LIABILITY performed at such vendor's premises in connection with the sale of "your products"; or (6) "Your products" that, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or on behalf of such vendor. Coverage under this provision does not apply to: a. Any person or organization from whom you have acquired "your products", or any ingredient, part or container entering into, accompanying or containing such products; or b. Any vendor for which coverage as an additional insured specifically is scheduled by endorsement. H. BLANKET ADDITIONAL INSURED — CONTROLLING INTEREST 1. The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that has financial control of you is an insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" that arises out of: a. Such financial control; or b. Such person's or organization's ownership, maintenance or use of premises leased to or occupied by you. The insurance provided to such person or organization does not apply to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 2. The following is added to Paragraph 4. of SECTION II — WHO IS AN INSURED: This paragraph does not apply to any premises owner, manager or lessor that has financial control of you. BLANKET ADDITIONAL INSURED — MORTGAGEES, ASSIGNEES, SUCCESSORS OR RECEIVERS The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is a mortgagee, assignee, successor or receiver and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to its CG D4 17 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 3 of 5 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY liability as mortgagee, assignee, successor or receiver for "bodily injury", "property damage" or "personal and advertising injury" that: a. Is "bodily injury' or "property damage" that occurs, or is "personal and advertising injury" caused by an offense that is committed, subsequent to the signing of that contract or agreement; and K. b. Arises out of the ownership, maintenance or use of the premises for which that mortgagee, assignee, successor or receiver is required under that contract or agreement to be included as an additional insured on this Coverage Part. The insurance provided to such mortgagee, assignee, successor or receiver is subject to the following provisions: a. The limits of insurance provided to such mortgagee, assignee, successor or receiver will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. b. The insurance provided to such person or organization does not apply to: (1) Any "bodily injury" or "property damage" that occurs, or any "personal and advertising injury" caused by an offense that is committed, after such contract or agreement is no longer in effect; or (2) Any "bodily injury", "property damage" or "personal and advertising injury" arising out of any structural alterations, new construction or demolition operations performed by or on behalf of such mortgagee, assignee, successor or receiver. J. BLANKET ADDITIONAL INSURED — GOVERNMENTAL ENTITIES — PERMITS OR AUTHORIZATIONS RELATING TO PREMISES The following is added to SECTION II — WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to premises owned or occupied by, or rented or loaned to, you and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of any of the following for which that governmental entity has issued such permit or authorization: advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, elevators, street banners or decorations. BLANKET ADDITIONAL INSURED — GOVERNMENTAL ENTITIES — PERMITS OR AUTHORIZATIONS RELATING TO OPER- ATIONS The following is added to SECTION II — WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of such operations. The insurance provided to such governmental entity does not apply to: a. Any "bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the governmental entity; or b. Any "bodily injury" or "property damage" included in the "products -completed operations hazard". L. MEDICAL PAYMENTS— INCREASED LIMIT The following replaces Paragraph 7. of SECTION III — LIMITS OF INSURANCE: 7. Subject to Paragraph S. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: a. $10,000; or b. The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. M. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any person or organization, we Page 4 of 5 © 2017 The Travelers Indemnity Company. All rights reserved. CG D4 17 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs; or b. "Personal and advertising injury" caused by an offense that is committed; subsequent to the execution of the contract or agreement. N. CONTRACTUAL LIABILITY —RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINITIONS Section: c. Any easement or license agreement; COMMERCIAL GENERAL LIABILITY 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is deleted. O. DAMAGE TO PREMISES RENTED TO YOU The following replaces the definition of "premises damage" in the DEFINITIONS Section: "Premises damage" means "property damage" to: a. Any premises while rented to you or temporarily occupied by you with permission of the owner; or b. The contents of any premises while such premises is rented to you, if you rent such premises for a period of seven or fewer consecutive days. CG D4 17 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 5 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy: 630-9P529874 COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non -Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury' or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. S. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: c. The first Named Insured must keep records of a. Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication; and as we may request. b. Regarding websites, only that part of a website 6. Representations that is about your goods, products or services By accepting this policy, you agree: for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. o�® EVIDENCE OF PROPERTY INSURANCE DATE(MMIDD/YYYY) 10/14/2025 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. AGENCY PHONE COMPANY c o Ext : 707 782-9200 Travelers Property Casualty Company of America Don Ramatici Insurance, Inc. 731A Southpoint Boulevard Petaluma, CA 94954 a/c No : 707-782-9300 XooRess: melissa ramaticiins.com CODE: SUB CODE: AGENCY CUSTOMER ID INSURED LOAN NUMBER POLICY NUMBER Sonic.net LLC and each of its subsidiaries 630-9P529874 2260 Apollo Way Santa Rosa CA 95407 EFFECTIVE DATE EXPIRATION DATE CONTINUED UNTIL 11/15/2025 11/15/2026FFx—] TERM INATEDIFCHECKED THIS REPLACES PRIOR EVIDENCE DATED PROPERTY INFORMATION LOCATION / D E S C R I P T I O N 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 EVIDENCE OF PROPERTY INSURANCE 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. .. ... . ,I I I I I v COVERAGEIPERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE KtMAKKS (Incluaing , eclat GOnaitionS It is agreed that Banc of America Leasing & Capital, LLC, its affiliates, successors and assigns as their interest may appear per form attached City of Rosemead is named as Additional Insured with primary non- contributory & waiver of subrogation per attached form(s). CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. A —1—^kI A 1 IkMomcoT NAME AND ADDRESS ADDITIONAL INSURED MORTGAGEE LENDER'S LOSS PAYABLE LOSS PAYEE LOAN # City of Rosemead Public Works Department AUTHORIZED REPRESENTATIVE 8838 E. Valley Rosemead, CA 91770 ACORD 27 (2016/03) v IUU I-LUT9 AWKU L.UKrumA I Ivry. Au rlgntis reserves. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DELUXE PROPERTY COVERAGE PART AMENDATORY ENDORSEMENT LOSS PAYABLE PROVISIONS This endorsement modifies insurance provided under the following: DELUXE PROPERTY COVERAGE FORM Nothing in this endorsement increases the applicable Limit of Insurance. We will not pay any Loss Payee more than their financial interest in the Covered Prop- erty, and we will not pay more than the applicable Limit of Insurance on the Covered Property. Each of the following Clauses, A, B, C and D, is added to the Loss Payment Loss Condition as indi- cated in the Schedule below. A. LOSS PAYABLE CLAUSE For Covered Property in which both you and a Loss Payee shown in the Schedule below have an insurable interest, we will: 1. Adjust losses with you; and 2. Pay any claim for loss or damage jointly to you and the Loss Payee, as interests may appear. B. LENDER'S LOSS PAYABLE CLAUSE 1. The Loss Payee shown in the Schedule be- low is a creditor, including a mortgageholder or trustee, whose interest in Covered Prop- erty is established by such written instru- ments as: a. Warehouse receipts: b. A contract for deed: c. Bills of lading: d. Financing statements; or e. Mortgages, deeds of trust, or security agreements. 2. For Covered Property in which both you and a Loss Payee have an insurable interest: a. We will pay for covered loss or damage to each Loss Payee in their order or prece- dence, as interest may appear. b. The Loss Payee has the right to receive loss payment even if the Loss Payee has started foreclosure or similar action on the Covered Property. c. If we deny your claim because of your acts or because you have failed to com- ply with terms of this Coverage Part, the Loss Payee will still have the right to re- ceive loss payment if the Loss Payee: (1) Pays any premium due under this Coverage Part at our request if you have failed to do so: (2) Submits a signed, sworn proof of loss within 60 days after receiving notice from us of your failure to do so; and (3) Has notified us of any change in ownership, occupancy or substantial change in risk known to the Loss Payee. All of the terms of this Coverage Part will then apply directly to the Loss Payee. d. If we pay the Loss Payee for any loss or damage and deny payment to you be- cause of your acts or because you have failed to comply with the terms of this Coverage Part: (1) The Loss Payee's rights will be trans- ferred to us to the extent of the amount we pay; and (2) The Loss Payee's rights to recover the full amount of the Loss Payee's claim will not be impaired. At our option, we may pay to the Loss Payee the whole principal on the debt plus any accrued interest. In this event, you will pay your remaining debt to us. At our option, we may pay to the Loss Payee the whole principal on the debt plus any accrued interest. In this event, you will pay your remaining debt to us. 3. If we cancel this policy, we will give written notice to the Loss Payee at least: a. 10 days before the effective date of can- cellation if we cancel for your non- payment of premium; or DX T3 79 11 12 © 2011 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc. with its permission. b. 30 days before the effective date of can- cellation if we cancel for any other rea- son. 4. If we elect not to renew this policy, we will give written notice to the Loss Payee at least 10 days before the expiration date of this pol- icy. C. CONTRACT OF SALE CLAUSE 1. The Loss Payee shown in the Schedule be- low is a person or organization you have en- tered into a contract with for the sale of Cov- ered Property. 2. For Covered Property in which both you and the Loss Payee have an insurable interest, we will: a. Adjust losses with you; and b. Pay any claim for loss or damage jointly to you and the Loss Payee, as interest may appear. Premises Location Number: Description of Property: SEE DX T8 93 03 99 Loss Payee Name: Loss Payee Address: C SCHEDULE Building Number: 3. The following is added to the Other Insurance Condition: For Covered Property that is the subject of a contract of sale, the word "you" includes the Loss Payee. BUILDING OWNER LOSS PAYABLE CLAUSE 1. The Loss Payee shown in the Schedule be- low is the owner of the described building, in which you are a tenant. 2. We will adjust losses to the described building with the Loss Payee. Any loss payment made to the Loss Payee will satisfy your claims against us for the owner's prop erty. 3. We will adjust losses to tenants' improve- ments and betterments with you, unless the lease provides otherwise. Applicable Clause (Indicate A, B, C or D): Page 2 of 2 © 2011 The Travelers Indemnity Company. All rights reserved. DX T3 79 11 12 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL PROPERTY POLICY NUMBER: 630-9P529874 LOSS PAYABLE PROVISIONS SCHEDULE Loss Payee (Name & Address) SBA CIO BAY AREA DEVELOPMENT COMPANY 1801 OAKLAND BLVD, #100 WALNUT CREEK CA 94596 Prem. Bldg. Provisions No. No. Description of Property Applicable 1 1 LOAN LEASED SEQUIPMENT Loss200554004 Payable DX T8 93 03 99 COMMERCIAL PROPERTY POLICY NUMBER: 630-9P529874 LOSS PAYABLE PROVISIONS SCHEDULE Loss Payee (Name & Address) SBA CIO BAY AREA DEVELOPMENT COMPANY 1801 OAKLAND BLVD, SUITE 100 WALNUT CREEK CA 94596 Prem. Bldg. Provisions No. No. Description of Property Applicable 1 1 YOUR BUSINESS PERSONAL PROPERTY Loss Payable Policy: 630-9P529874 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR TECHNOLOGY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Non -Owned Watercraft — 75 Feet Long Or Less B. Who Is An Insured — Unnamed Subsidiaries C. Who Is An Insured — Employees — Supervisory Positions D. Who Is An Insured — Newly Acquired Or Formed Limited Liability Companies E. Who Is An Insured — Liability For Conduct Of Unnamed Partnerships Or Joint Ventures F. Blanket Additional Insured — Persons Or Organizations For Your Ongoing Operations As Required By Written Contract Or Agreement G. Blanket Additional Insured — Broad Form Vendors H. Blanket Additional Insured —Controlling Interest PROVISIONS I. Blanket Additional Insured — Mortgagees, Assignees, Successors Or Receivers J. Blanket Additional Insured —Governmental Entities — Permits Or Authorizations Relating To Premises K. Blanket Additional Insured —Governmental Entities — Permits Or Authorizations Relating To Operations L. Medical Payments — Increased Limit M. Blanket Waiver Of Subrogation N. Contractual Liability —Railroads O. Damage To Premises Rented To You A. NON -OWNED WATERCRAFT — 75 FEET LONG OR LESS 1. The following replaces Paragraph (2) of Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A — BODILY B. INJURY AND PROPERTY DAMAGE LIABILITY: (2) A watercraft you do not own that is (a) 75 feet long or less; and (b) Not being used to carry any person or property for a charge; 2. The following replaces Paragraph 2.e, of SECTION II — WHO IS AN INSURED: e. Any person or organization that, with your express or implied consent, either uses or is responsible for the use of a watercraft that you do not own that is: (1) 75 feet long or less; and (2) Not being used to carry any person or property for a charge. WHO IS AN INSURED — UNNAMED SUBSIDIARIES The following is added to SECTION II — WHO IS AN INSURED: Any of your subsidiaries, other than a partnership or joint venture, that is not shown as a Named Insured in the Declarations is a Named Insured if: a. You are the sole owner of, or maintain an ownership interest of more than 50% in, such subsidiary on the first day of the policy period; and b. Such subsidiary is not an insured under similar other insurance. CG D4 17 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 5 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal and advertising injury" caused by an offense committed: a. Before you maintained an ownership interest of more than 50% in such subsidiary; or b. After the date, if any, during the policy period that you no longer maintain an ownership interest of more than 50% in such subsidiary. For purposes of Paragraph 1. of Section II —Who Is An Insured, each such subsidiary will be deemed to be designated in the Declarations as: a. A limited liability company; b. An organization other than a partnership, joint venture or limited liability company; or c. A trust; as indicated in its name or the documents that govern its structure. C. WHO IS AN INSURED — EMPLOYEES — SUPERVISORY POSITIONS The following is added to Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Paragraphs (1)(a), (b) and (c) above do not apply to "bodily injury" to a co -"employee" while in the course of the co -"employee's" employment by you arising out of work by any of your "employees" who hold a supervisory position. D. WHO IS AN INSURED — NEWLY ACQUIRED OR FORMED LIMITED LIABILITY COMPANIES The following replaces Paragraph 3. of SECTION II — WHO IS AN INSURED: 3. Any organization you newly acquire or form, other than a partnership or joint venture, and of which you are the sole owner or in which you maintain an ownership interest of more than 50%, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it; or organization in writing to us within 180 days after you acquire or form it; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. For the purposes of Paragraph 1. of Section II — Who Is An Insured, each such organization will be deemed to be designated in the Declarations as: a. A limited liability company; b. An organization, other than a partnership, joint venture or limited liability company; or c. A trust; as indicated in its name or the documents that govern its structure. E. WHO IS AN INSURED — LIABILITY FOR CONDUCT OF UNNAMED PARTNERSHIPS OR JOINT VENTURES The following replaces the last paragraph of SECTION II — WHO IS AN INSURED: No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. This paragraph does not apply to any such partnership or joint venture that otherwise qualifies as an insured under Section II — Who Is An Insured. F. BLANKET ADDITIONAL INSURED — PERSONS OR ORGANIZATIONS FOR YOUR ONGOING OPERATIONS AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is not otherwise an insured under this Coverage Part and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury" or "property damage" that: a. Occurs subsequent to the signing of that contract or agreement; and (2) Until the end of the policy period, b. Is caused, in whole or in part, by your acts or when that date is later than 180 days omissions in the performance of your ongoing after you acquire or form such operations to which that contract or organization, if you report such Page 2 of 5 © 2017 The Travelers Indemnity Company. All rights reserved. CG D4 17 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. agreement applies or the acts or omissions of any person or organization performing such operations on your behalf. The limits of insurance provided to such insured will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. G. BLANKET ADDITIONAL INSURED — BROAD FORM VENDORS The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is a vendor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury" or "property damage" that: a. Occurs subsequent to the signing of that contract or agreement; and b. Arises out of "your products" that are distributed or sold in the regular course of such vendor's business. The insurance provided to such vendor is subject to the following provisions: a. The limits of insurance provided to such vendor will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. b. The insurance provided to such vendor does not apply to: (1) Any express warranty not authorized by you or any distribution or sale for a purpose not authorized by you; (2) Any change in "your products" made by such vendor; (3) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (4) Any failure to make such inspections, adjustments, tests or servicing as vendors agree to perform or normally undertake to perform in the regular course of business, in connection with the distribution or sale of "your products"; (5) Demonstration, installation, servicing or repair operations, except such operations COMMERCIAL GENERAL LIABILITY performed at such vendor's premises in connection with the sale of "your products"; or (6) "Your products" that, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or on behalf of such vendor. Coverage under this provision does not apply to: a. Any person or organization from whom you have acquired "your products", or any ingredient, part or container entering into, accompanying or containing such products; or b. Any vendor for which coverage as an additional insured specifically is scheduled by endorsement. H. BLANKET ADDITIONAL INSURED — CONTROLLING INTEREST 1. The following is added to SECTION II —WHO IS AN INSURED: Any person or organization that has financial control of you is an insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" that arises out of: a. Such financial control; or b. Such person's or organization's ownership, maintenance or use of premises leased to or occupied by you. The insurance provided to such person or organization does not apply to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 2. The following is added to Paragraph 4. of SECTION II — WHO IS AN INSURED: This paragraph does not apply to any premises owner, manager or lessor that has financial control of you. BLANKET ADDITIONAL INSURED — MORTGAGEES, ASSIGNEES, SUCCESSORS OR RECEIVERS The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is a mortgagee, assignee, successor or receiver and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to its CG D4 17 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 3 of 5 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY liability as mortgagee, assignee, successor or receiver for "bodily injury", "property damage" or "personal and advertising injury" that: a. Is "bodily injury' or "property damage" that occurs, or is "personal and advertising injury" caused by an offense that is committed, subsequent to the signing of that contract or agreement; and K. b. Arises out of the ownership, maintenance or use of the premises for which that mortgagee, assignee, successor or receiver is required under that contract or agreement to be included as an additional insured on this Coverage Part. The insurance provided to such mortgagee, assignee, successor or receiver is subject to the following provisions: a. The limits of insurance provided to such mortgagee, assignee, successor or receiver will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. b. The insurance provided to such person or organization does not apply to: (1) Any "bodily injury" or "property damage" that occurs, or any "personal and advertising injury" caused by an offense that is committed, after such contract or agreement is no longer in effect; or (2) Any "bodily injury', "property damage" or "personal and advertising injury" arising out of any structural alterations, new construction or demolition operations performed by or on behalf of such mortgagee, assignee, successor or receiver. J. BLANKET ADDITIONAL INSURED — GOVERNMENTAL ENTITIES — PERMITS OR AUTHORIZATIONS RELATING TO PREMISES The following is added to SECTION II — WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to premises owned or occupied by, or rented or loaned to, you and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of any of the following for which that governmental entity has issued such permit or authorization: advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, elevators, street banners or decorations. BLANKET ADDITIONAL INSURED — GOVERNMENTAL ENTITIES — PERMITS OR AUTHORIZATIONS RELATING TO OPER- ATIONS The following is added to SECTION II — WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of such operations. The insurance provided to such governmental entity does not apply to: a. Any "bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the governmental entity; or b. Any "bodily injury" or "property damage" included in the "products -completed operations hazard". L. MEDICAL PAYMENTS— INCREASED LIMIT The following replaces Paragraph 7. of SECTION III — LIMITS OF INSURANCE: 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: a. $10,000; or b. The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. M. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any person or organization, we Page 4 of 5 © 2017 The Travelers Indemnity Company. All rights reserved. CG D4 17 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs; or b. "Personal and advertising injury" caused by an offense that is committed; subsequent to the execution of the contract or agreement. N. CONTRACTUAL LIABILITY— RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract' in the DEFINITIONS Section: c. Any easement or license agreement; COMMERCIAL GENERAL LIABILITY 2. Paragraph f.(1) of the definition of "insured contract' in the DEFINITIONS Section is deleted. O. DAMAGE TO PREMISES RENTED TO YOU The following replaces the definition of "premises damage" in the DEFINITIONS Section: "Premises damage" means "property damage" to: a. Any premises while rented to you or temporarily occupied by you with permission of the owner; or b. The contents of any premises while such premises is rented to you, if you rent such premises for a period of seven or fewer consecutive days. CG D4 17 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 5 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy: 630-9P529874 COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non -Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: c. The first Named Insured must keep records of a. Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication; and as we may request. b. Regarding websites, only that part of a website 6. Representations that is about your goods, products or services By accepting this policy, you agree: for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. CITY OF ROSEMEAD DEPARMENT OF PUBLIC WORKS Mffiu • ►It 1►I TO: Ben Kim, City Manager FROM: Sam Gutierrez, Director of Public Work�(� SUBJECT: CIP Project No. 31029 — CUPCCAA Procurment DATE: April 13, 2026 CIP Project No. 31029, approved under the FY 2025-2026 Capital Improvement Program (CIP) with a $75,000 budget, will install acoustic panels at Garvey Park Gym and the Rosemead Community Recreation Center (RCRC). The project aims to enhance acoustics in these heavily used facilities by adding sound -absorbing panels. These upgrades will help reduce noise and improve the experience during classes, community events, and private rentals. Under the California Uniform Public Construction Cost Accounting Act (CUPCCAA), projects valued at less than $120,000 may be procured through informal bidding. Because the estimated project cost is $75,000, it qualifies for informal bid procurement. To comply with CUPCCAA and secure competitive pricing, staff solicited three written informal bids from qualified vendors. The following informal bids were received: SoCal Acoustical, Inc. — $49,747.00 Coustic-glo — $93,804.00 LA Sound Panels — $53,343.90 SoCal Acoustical, Inc. is the preferred vendor due to its competitive pricing and its proactive approach, including site visits to both Garvey Park Gym and RCRC prior to submitting its bid. This ensured an accurate understanding of the project's scope and requirements. Staff recommends proceeding with SoCal Acoustical, Inc. The procurement complies with CUPCCAA informal procedures and it is within the City Manager's signatory authorization. Staff anticipates the installation of the acoustic panels to be completed by July 2026, aligning with the facilities' peak season and minimizing program disruptions. Attachments: A. SoCal Acoustical Proposal B. Coustic-glo Proposal C. LA Sound Panels Proposal D. Public Works Contract (Under $50k) SoCal Acoustical, Inc. 12425 Mills Ave., Ste. A-3 Chino, CA 91710 +19095484593 www.socalacousticalwalls.com ESTIMATE ADDRESS Leonardo Martinez City Of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 SALES REP Peter Southorn SHIP TO Leonardo Martinez City Of Rosemead Revised Bid 2" Fiberglass ESTIMATE # 2345 DATE 04/01 /2026 EXPIRATION DATE 07/01 /2026 SALES CONTACT 626-705-9907 ACTIVITY DESCRIPTION AFG 2 2" Acoustical Acoustical Panels produced from 6 lb. density fiberglass core with chemically hardened 3/8" beveled or square edges. Wrapped with FR-701-100% Polyester panel fabric. Color (s) TBD Installation on concrete walls using impaling clips and adhesive. S/M Gym 60 panels 2" x 4' x 4' AFG 2 2" Acoustical Acoustical Panels produced from 6 lb. density fiberglass core with chemically hardened 3/8" beveled or square edges. Wrapped with FR-701-100 % Polyester panel fabric. Color (s) TBD Installation Drywall walls using finish nails and adhesive. S/M Community Center 42 panels 2" x 4' x 4' Field Field Measure , Layout and Shop Drawings. Quoted price is Measure subject to review of final field measurements and site conditions. Note: Labor bid as Non -Union paid at prevailing wage. Note: Estimated Price includes the cost of a Performance Bond and a Payment Bond P. Southorn 04-08-2026 OTY RATE AMOUNT 1 28,646.40 28,646.40 1 20,450.60 20,450.60 1 650.00 650.00 ..................... ... ....... ....... _.....-._.._...._.......... - - _........... Thank you for your business! I take Credit Cards, ACH TOTAL $49,747.00 and check payments with a credit card processing fee. Let me know if paying with a credit card and/or ACH. Please mail checks to Socal Acoustical, Inc 12425 Mills Ave., Ste A-3 Chino, Ca. 91710 Lic.#: 1014260 Office (909) 548-4593 Bryan Leos - bryan@socalacousticalwalls.com (626) 705-4384 Please address & mail check payments to: SoCal Acoustical, Inc. 12425 Mills Ave., Ste A-3 Chino, CA 91710 Peter Southorn - peter@socalacousticalwalls.com (626) 705-9907 TERMS: A 50% deposit is due to begin materials order and full payment is due upon project completion. We accept payments by check or credit card. A 3.95% processing fee will be applied to each credit card transaction. You are agreeing to the terms set forth in the estimate/invoice upon receipt of deposit payment. The quoted price is subject to change if extreme market conditions exist at the time of order. Due to the customized nature of the project, there are no cancelations or refunds once the order(s) has been placed. PLEASE SIGN AND RETURN Accepted By Accepted Date Please address & mail check payments to: SoCal Acoustical, Inc. 12425 Mills Ave., Ste A-3 Chino, CA 91710 City of Rosemead Community Center March 17, 2026 Prepared By: Prepared For: JHN Inc. dba Coustic-Glo City of Rosemead 950 Enchanted Way Suite 109 Leonardo Martinez Simi Valley, California 93065 626-636-1105 805-306-8000 mark@cousticglo.net ACOUSTICAL WALL PANELS - prevailing wages License #: 585006 (C2) DIP #:1000004348 38 each - 2" thick and 4' x 5' 61b density board wrapped in FR701 fabric $42,250 Layout, Field Measure & Shop Drawings $3,500 Proposal Total1 Terms and Conditions We require a 30% billing against our contract at the time of submittal approval. EXCLUSIONS: Demolition; Engineering; Dumpsters, Parking; Blocking If there are questions please contact: Mark Flanders @ 805-432-3320 or Mark@cousticglo.net CousticGlo has been decorating California since 1985, please review recent projects on our website: www.cousticglo.net Signature City of Rosemead City of Rosemead Garvey Park Gym March 17, 2026 Prepared By: Prepared For: JHN Inc. dba Coustic-Glo City of Rosemead 950 Enchanted Way Suite 109 Leonardo Martinez Simi Valley, California 93065 626-636-1105 805-306-8000 mark@cousticglo.net License #: 585006 (C2) DIR #:1000004348 ACOUSTICAL WALL PANELS - prevailing wages 40 each - 2" thick and 4' x 5' 61b density board wrapped in FR701 fabric $44,554 Layout, Field Measure & Shop Drawings $3,500 Terms and Conditions We require a 30% billing against our contract at the time of submittal approval. EXCLUSIONS: Demolition; Engineering; Dumpsters, Parking; Blocking If there are questions please contact: Mark Flanders @ 805-432-3320 or Mark@cousticglo.net CousticGlo has been decorating California since 1985, please review recent projects on our website: www.cousticglo.net Signature City of Rosemead Prepared For Leonardo Martinez City of Rosemead Rosemead, CA Estimate Date 03/13/2026 Estimate Number 0007804 LA Sound Panels CSLB#1139382 424-262-0622 1040 Hamilton Rd Unit F Duarte, CA 91010 Description Rate Qty Line Total Garvey Park Gym $0.00 1 $0.00 Misc $300.00 40 $12,000.00 48"W x 60"H Harden 3/8" Fiberglass +Duarte Sales Bevel Edge Detail Wrapped in FR701 Fabric Mounting Hardware $10.00 40 $400.00 Mounting Hardware +Duarte Sales Rosemead Community Center $0.00 1 $0.00 Misc $300.00 38 $11,400.00 48"W x 60"H Harden 3/8" Fiberglass +Duarte Sales Bevel Edge Detail, Wrapped in FR701 Fabric Mounting Hardware $10.00 38 $380.00 Mounting Hardware +Duarte Sales Scissor Lift rental $0.00 1 $0.00 Lift Price TBD Delivery $500.00 1 $500.00 Delivery Fee Installation $15,625.00 1 $15,625.00 Installation Fee (M-F 8am to 4pm Outside those days/hours additional charges and lead times will apply) Misc $10,500.00 1 $10,500.00 Prevailing Wage Subtotal 50,805.00 Duarte Sales (10.5%) 2,538.90 Estimate Total (USD) $53,343.90 Terms This estimate is valid for 30 days. Insurance Certificate Available Upon Request Higher Fees May Apply For Additional Insurance Requirements CITY OF ROSEMEAD ACOUSTIC PANELS (ROSEMEAD COMMUNITY RECREATION CENTER & GARVEY GYM) PROJECT No. 31029 PAYMENT BOND Bond #7901335187 PAYMENT (MATERIAL & LABOR) BOND WHEREAS the CITY OF ROSEMEAD (hereinafter "Obligee") has awarded to Socal Acoustical, Inc. (hereinafter "Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the ACOUSTIC PANELS (ROSEMEAD COMMUNITY RECREATION CENTER & GARVEY GYM) PROJECT and all other required structures and facilities within the rights -of -way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated 5/26/2026 , (hereinafter the "Public Work Contract"); and WHEREAS, said Contractor is required to furnish a bond in connection with said Public Work Contract providing that if said Contractor or any of his or its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the provisions of 3248 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond. NOW, THEREFORE, we Socal Acoustical, Inc. 12425 Mills Ave., Suite A3, Chino, CA 91710 , the undersigned Contractor, as Principal and Nationwide Mutual Insurance Company , a corporation organized and existing under the laws of the State of Iowa and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ROSEMEAD and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the said Public Work, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said Public Work to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the said Contractor, the sum of Forty -Nine Thousand Seven Hundred Forty -Seven & no/100 dollars, ($ 49,747.00 ), said sum being not less than 100% of the total amount payable by said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of PAYMENT BOND - 1 the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Sections 3110, 3111, 3112 and 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Public Work Contract or to the Work to be performed thereunder or the specification accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this 8th day on June .20 26 , Socal Acoustical, Inc. PrincipaU etor r sident Nationwide Mutual Insurance Corn Surety f Attorney -in -Fact Cassie McKittrick PAYMENT BOND - 2 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, Iowa County of Polk On Juvle 1Z a�t (,0 before me, Ashley Leavell, Iowa Notary Public (insert name and title of the officer) personally appeared C'A S C' e— who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Iowa that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �PRliks ASHLEY LEAVELL o� Commission Number860838 My Commission Expires ioW P December 02, 2027 Signature (Seal) Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint: Anita R. Calderon, Mike Kuper, Andrew Roby, Elizabeth Moore, Ashlee Heldt, Ben Lewis, Jeff Cose, Aaron J. Jamison, Carmon R. Wilson, Spencer Paris, Lary D. Slegh, Richard E. Harman IV, Logan Dorpinghaus, Corey Days, Jill DeRobertis, Dominic Amoroso, Kyle Huntrod, Michael Maller, Stephen G. Sanker, Brian Pflum, Guy Tenold, Cassie McKittr•ick, Ashley Leavell, Cara Buljubasic, Trevor Sharp, Amy Palmer, Jennifer Anderson, Randi Allen, Andrew Jennings, Andrew P. Andersen, Jesse Huston, Maxine Coffin, Alex Cardarelli, Jonathan Price, Jarrett Berg, Tony McFall, Ryan Biegen, Loradane Legaspi, Zachary Vana, Anthony Yau, Emma Kennedy, Shelby Ross, Kelly Farrell each in their individual capacity, its true and lawful attorney -in -fact, with full power and authority to sign, seal, and execute on its behalf on the date thereof any and all: (i)bonds and undertakings; (ii) Proposal Bonds; (ii) Letters of Surety; (iv) Consent of Surety; and (v) other obligatory instruments of similar nature, in penalties not exceeding the sum of FIVE MILLION AND NO/I00 DOLLARS ($5,000,000,00) and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attomeys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 23rd day of October, 2025. 4410- Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company ACKNOWLEDGMENT ♦�� UNALIHSU , STATE OF OHIO COUNTY OF FRANKLIN: ss ��,�" •••••••�%'rF, rO, On this 23rd day of October, 2025, before me came the above -named officer for the IW' Company aforesaid, to me personally known to be the officer described in and who executed FA /SEAL the preceding instrument, and he acknowledged the execution of the same, and being by me `*' • .,_;., ,a �,tY ; *r duly sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed hereto is the corporate seal of said Company, and the said corporate seal and his �tuiteus �"I signature were duly affixed and subscribed to said instrument by the authority and direction of said Company. Karen L. Kern Notary Public, State of Ohio No. 2018-RE-719796 Notary Public My Commission Expires Commission Expires July 7, 2028 July 7, 2028 CERTIFICATE I, Lezlie F. Chimienti, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this 8th day of June 2026 Assistant Secretary BDJ 1(10-25)00 Bond #7901335187 PERFORMANCE BOND WHEREAS the CITY OF ROSEMEAD (also herein "Obligee") has awarded to Socal Acoustical, Inc. (hereinafter "Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the ACOUSTIC PANELS (ROSEMEAD COMMUNITY RECREATION CENTER & GARVEY GYM) PROJECT and all other required structures and facilities within the rights -of -way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated 05/26/2026 (hereinafter the "Public Work Contract"); and WHEREAS, the Contractor is required by said Public Work Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof, NOW, THEREFORE, 12425 Mills Ave., Ste. A3, Chino, CA 91710 we Socal Acoustical, Inc. the undersigned Contractor, as Principal, and Nationwide Mutual Insurance Company a corporation organized and existing under the laws of the State of Ohio , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ROSEMEAD in the sum of Forty -Nine Thousand and no/100 dollars, ($ 49,747.00 ), said sum being not less than 100% of the total amount payable by the said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Public Work Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one-year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in the said Public Work Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event legal action is required to enforce the provisions of this agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements, and other damages. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. The said Surety, for value received, hereby stipulates and agrees that no change, extensions of time, alteration or addition to the terms of the Public Work Contract or to the Work to be performed thereunder, or the specifications accompanying the same shall in any way affect its PERFORMANCE BOND - 1 obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this 8th day on June , 2026 , Socal Acoustical, Inc. nP6ricfiv- /C ntract President Nationwide Mutual Insurance Company Surety By: (� Attorney -in -Fact Cassie McKittrick The rate of premium on this bond is $30.00 per thousand. The total amount of premium charged, $ 1,492.00 (The above must be filled in by corporate surety.) PERFORMANCE BOND - 2 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, Iowa County of Polk On �`'� �' �i ca before me, Ashley Leavell, Iowa Notary Public (insert name and title of the officer) personally appeared l,(r'I S S. £ f� �1C��—�., c,� 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. certify under PENALTY OF PERJURY under the laws of the State of Iowa that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �P�4�s ASHLEYLEAVELL Commission Number 860838 My Commission Expires OipW P December 02, 2027 Signature (Seal) CERTIFICATE AS TO CORPORATE PRINCIPAL I, certify that I am the Secretary of the corporation named as principal to the within bond; that who signed the said bond on behalf of the principal was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) Signature Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. PERFORMANCE BOND - 4 Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint: Anita R. Calderon, Mike Kuper, Andrew Roby, Elizabeth Moore, Ashlee Heldt, Ben Lewis, Jeff Cose, Aaron J. Jamison, Cannon R. Wilson, Spencer Paris, Lary D. Slegh, Richard E. Harman W, Logan Dorpinghaus, Corey Days, Jill DeRobertis, Dominic Amoroso, Kyle Huntrod, Michael Mailer, Stephen G. Sanker, Brian Pflum, Guy Tenold, Cassie McKittrick, Ashley Leavell, Cara Buljubasic, Trevor Sharp, Amy Palmer, Jennifer Anderson, Randi Allen, Andrew Jennings, Andrew P. Andersen, Jesse Huston, Maxine Coffin, Alex Cardarelli, Jonathan Price, Jarrett Berg, Tony McFall, Ryan Biegen, Loradane Legaspi, Zachary Vana, Anthony Yau, Emma Kennedy, Shelby Ross, Kelly Farrell each in their individual capacity, its true and lawful attorney -in -fact, with full power and authority to sign, seal, and execute on its behalf on the date thereof any and all: (i)bonds and undertakings; (ii) Proposal Bonds; (ii) Letters of Surety; (iv) Consent of Surety; and (v) other obligatory instruments of similar nature, in penalties not exceeding the sum of FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00) and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attomeys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 23rd day of October, 2025, 44�0__ Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company ACKNOWLEDGMENT r►�� STATE OF OHIO COUNTY OF FRANKLIN: ss I���ryA})ysua�` rX On this 23rd day of October, 2025, before me came the above -named officer for the rO, Company aforesaid, to me personally known to be the officer described in and who executed j SEAL/ *� the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal ,* , Ar ,%cok"e=SDI affixed hereto is the corporate seal of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company. Karen L. Kern Notary Public, State of Ohio No. 2018-RE-719796 Notary Public on pires Commission Expires July 7, 2028 My Can y 7 i 2028 CERTIFICATE I, Lezlie F. Chimienti, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this 8th day of June 2026 i Assistant Secretary BDJ 1(10-25)00