The URL can be used to link to this page

Home My WebLink AboutAGMT - TLS Choice LLC (Tennis and Pickleball Center Sports Court Lighting Project) PUBLIC WORKS AGREEMENT TENNIS AND PICKLEBALL CENTER SPORTS COURT LIGHTING PROJECT PROJECT CIP NO. BG2105 between o y� QQ 5ti A `S\ \Cpr `c°NNTY,Ca`' City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 TLS Choice, LLC 1800 East McFadden Avenue, Suite 2 Santa Ana, CA 92705 (714) 462-2955 THIS CONTRACT ("Contract") is made as of May 13, 2024, by and between the City of Seal Beach, a California charter city ("City"), and TLC Choice, LLC, a California Limited Liability Company ("Contractor") (collectively, "the parties" and individually, a "party"). RECITALS A. WHEREAS, on August 14, 2023, pursuant to Resolution 7437, the City Council of the City of Seal Beach ("City") approved the plans and specifications for the Tennis and Pickleball Center Sports Improvement Project, CIP BG2105, which included a clubhouse renovation and on-site upgrades such as new LED lighting to selected courts to provide enhanced lighting directionality and visibility with the benefits of energy efficiency and lower overall maintenance costs; and, B. WHEREAS, City desires to retain a contractor to provide the Tennis and Pickleball Center Sports Court Lighting Project ("Court Lighting Project") to be carried out consistent with the City-approved plans and specifications; and, C. WHEREAS, the City Charter and City of Seal Beach Municipal Code Section 3.20.025(D) provide for an exemption from public bidding requirements for purchases made in cooperation with the state, the county or another government entity for the purpose of obtaining a lower price upon the same terms, conditions and specifications; and, D. WHEREAS, the Contractor are parties to a contract for the purchase, warranty, removal, disposal, preparation, installation, maintenance and repair of equipment, buildings, structures and improvements, including but not limited to energy-efficient lighting (Arvin Union School District ("Arvin") Bid Number: 2022- 23-001), which was entered into following a competitive bidding process and which authorizes other public corporations or agencies to utilize those same prices, terms, and conditions; and, E. WHEREAS, City desires to enter into a cooperative purchasing agreement with Contractor for Contractor to perform the Court Lighting Project, utilizing cooperative purchasing based on Arvin Bid Number: 2022-23-001 between Conractor and Arvin, pursuant to the authority provided by Seal Beach Municipal Code Section 3.20.025(D); and, F. WHEREAS, Contractor is a California licensed "B" Contractor (State Contractor's license number (License #1025607), DIR #1000048409, and Contractor is fully qualified to perform the Court Lighting Project contemplated by this Contract by virtue of its experience, and the training, education and expertise of its principals and employees; and, G. WHEREAS, City desires to engage Contractor as an independent contractor to carry out the Court Lighting Project and Contractor desires to serve City to 2 perform the Court Lighting Project in accordance with the terms and conditions of this Contract. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: CONTRACT 1. Contractor's Services. 1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Contract, Contractor shall perform and complete in good and workmanlike manner all work ("Work") for the Court Lighting Project identified as Tennis and Pickleball Center Sports Court Lighting Project ("Court Lighting Project") as described in this Contract and in the Contract Documents listed in Subsection 1.2. 1.2 Contract Documents; Incorporation by Reference. The Contract Documents consist of this Contract and all the following: City's Solicitation for the Seal Tennis and Pickleball Center Sports Court Lighting Project ("Court Lighting Project"), and all documents attached thereto or a part thereof, including the Accepted Bid Proposal and Bid Sheets, Notification of Award, Noncollusion Declaration, Designation of Subcontractors, Contractor's Industrial Safety Record, Contractor's Technical Ability and Experience References, Resumes, Bidder Questionnaire, Bid Bond, Faithful Performance Bond, Payment Bond (Labor and Materials), permits from regulatory agencies with jurisdiction, Special Provisions, Specifications, General Provisions, Plans, Standard Plans, Reference Documents, and any other documents referenced therein, all Addenda setting forth any modifications or interpretations of any of said documents, Change Orders, and any and all supplemental agreements executed amending or extending the Work contemplated and that may be required to complete the Work in a substantial and acceptable manner); the Arvin Union School District Bid Number: 2022- 23-001 ("Arvin Agreement"), and all Exhibits attached to this Contract. The Exhibits attached to this Contract include the Solicitation (Exhibit A); Performance Bond (Exhibit B); Payment Bond (Labor and Materials) (Exhibit C);Workers' Compensation Insurance Certificate (Exhibit D); Insurance Endorsements (Exhibit E, including Exhibits E-1, E-2, E-3 and E-4); Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit F); Acknowledgment of Labor Law Requirements (Exhibit G); Noncollusion Affidavit (Exhibit H); Accepted Bid Proposal (Exhibit I); and Arvin Agreement (Exhibit J). All Contract Documents referenced herein or attached hereto are incorporated into this Contract by this reference. 1.3 Order of Precedence. In the event of any inconsistency or conflict between this Contract and any Exhibit or incorporated documents, the order of precedence shall be as follows: (i) this Contract; and then (ii) Exhibit A (the Solicitation and Contract Documents included therein); and then (iii) Exhibit F (Acknowledgment of 3 Penal and Civil Penalties Concerning Contractor Licensing Laws); and then (iv) Exhibit G (Agreement to Comply with California Labor Law Requirements); and then (iv) Noncollusion Affidavit (Exhibit H); and then (v) Exhibit J (Arvin Agreement); and then (vi) Exhibit I (the Proposal). In the event there is any conflict between the Contract, on the one hand, and Exhibits A, B, C, D, E, F, G, H, I, and J, on the other hand, the Contract shall control. 1.4 Compliance with Contract Documents. The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City. 2. Effective Date/Term. This Contract is effective as of May 13, 2024 (the "Effective Date"), and shall remain in full force and effect until Contractor has rendered the services required by this Contract and a Notice of Completion has been filed with the Orange County Recorder, unless sooner terminated or extended pursuant to this Contract. 2.1 Contract Time; Delay. Contractor shall commence the Work upon being given a written notice to proceed, and shall complete the Work within 20 working days of City's issuance of the notice to proceed ("Contract Time"), unless Contractor notifies City of any force majeure event that will cause a delay in completion of the Work pursuant to the Contract Time. As used herein, "force majeure" has the meaning set forth in Section 24 of this Contract. 3. Contractor's Compensation. 3.1 Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in accordance with Exhibit I the Accepted Proposal) and pricing set forth in Exhibit J (Arvin Agreement) as full compensation therefor, but in no event will City pay more than the total not-to-exceed amount of $201,552.06 (Two Hundred One Thousand, Five Hundred Fifty Two dollars and 06/100), subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all Work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the Contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. Contractor shall submit detailed, monthly invoices for work actually performed. Pursuant to Public Contract Code Section 9203, the City will retain five percent (5%) of each invoice amount until Court Lighting Project acceptance. 3.2 Additional Work. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City 4 Council. Payment for additional work in excess of this amount requires prior City Council authorization. 4. Contractor's Personnel. 4.1 All Work shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by the Seal Beach Municipal Code and other state and local laws and by the Contract Documents to perform the Work, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. At all times during the term of this Contract, Contractor shall possess a valid and current Class "B" California Contractor's License. to perform the Work. Contractor hereby certifies that it holds the required license(s), State Contractor's License #1025607 and DIR #1000048409. 4.2 Contractor shall be responsible for payment of all employees' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. 4.3 Contractor shall indemnify and hold harmless City and its elected and appointed officials, officers, employees, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor's alleged violations of personnel practices. 4.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Contract. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, directors, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Contract, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the Work performed pursuant to this Contract. 4.5 City shall have the right to offset against the amount of any fees due to Contractor under this Contract any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 4. 5. Indemnification. 5.1 Indemnity for Design Professional Services. If the Work hereunder includes the performance of design professional services by a "design professional" (as 5 defined in Civil Code Section 2782.8(c)), then to the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, indemnify and hold harmless City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 5), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens, and losses of any nature whatsoever, including but not limited to fees of attorneys, accountants and other professionals and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense (collectively "Claims"), in law or in equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Contractor, its officers, directors, agents, servants, employees, subcontractors, contractors or their officers, directors, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of design professional services under this Contract. Notwithstanding the foregoing and as required by Civil Code Section 2782.8(a), in no event shall the cost to defend the lndemnitees that is charged to Contractor exceed Contractor's proportionate percentage of fault. 5.2 Other Indemnities. Other than in the performance of design professional services and to the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, indemnify, and hold City and other Indemnitees (as defined in Section 5.1) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, stop notices, liens, liabilities and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals and all costs associated therewith and the payment of all consequential damages (collectively, "Liabilities"), in law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, the acts or omissions of Contractor, its officers, agents, attorneys, servants, employees, subcontractors, materialmen, contractors, or their officers, agents, servants or employees (or any entity or individual for whom Contractor bears legal liability) in the performance of the Contract, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the lndemnitees, as determined by court decision or by the agreement of the Parties. Contractor shall defend the lndemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. City shall not be liable for any accident, loss, or damage to the Work prior to completion, except as otherwise specified in Section 6-5 of the Specifications. 5.3 Taxes and Workers' Compensation. Contractor shall pay all required taxes on amounts paid to Contractor under the Contract, and indemnify and hold City harmless from any and all taxes. assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by the Contract. Contractor shall fully comply with the Workers' Compensation law 6 regarding Contractor and Contractor's employees. Contractor shall indemnify and hold the City harmless from any failure of Contractor to comply with applicable Workers' Compensation laws. City may offset against the amount of any fees due to Contractor under the Contract any amount due to City from Contractor as a result of Contractor's failure to promptly pay to the City any reimbursement or indemnification arising under this Subsection 5.3. 5.4 Bid Protests. In addition to all other obligations set forth in this Section 5, Contractor shall reimburse City for all attorneys' fees and costs incurred by City in connection with, arising out of or incident to any Bid protest. 5.5 Civil Code Exception. Nothing in this Section 5 shall be construed to encompass Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or City's active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. 5.6 Workers' Compensation Acts not Limiting. Contractor's indemnifications and obligations under this Section 5, or any other provision of the Contract, shall not be limited by the provisions of any Workers' Compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officials, officers, agents, employees, attorneys, volunteers, and those City agents serving as independent contractors in the role of City officials. 5.7 Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to the Contract. The indemnities in this Section 5 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City. 5.8 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Contract. 5.9 Subcontractor Indemnity Agreements. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 5 from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of the Contract. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor's Subcontractor, its officers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual for whom Contractor's Subcontractor bears legal liability) in the performance of the Contract, including the Indemnitees' active or passive negligence, except for Claims or Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final court decision or by the agreement of the Parties. 5.10 Survival. The provisions of this Section 5 shall survive the expiration or termination of the Contract, are intended to be as broad and inclusive as is permitted by the law of the State, and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the lndemnitee's right to recover under this indemnity provision. 6. Insurance. 6.1 Liability Insurance. Contractor shall at all times during the term of this Contract carry, maintain and keep in full force and effect the insurance referenced in this Section 6. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: 6.1.1 Exhibit E-1: Additional Insured Endorsement - Commercial General Liability. 6.1.2 Exhibit E-2: Additional Insured Endorsement - Automobile Liability. 6.1.3 Exhibit E-3: Additional Insured Endorsement — Excess Liability (as required). 6.1.4 Exhibit E-4: Proof of Insurance — Professional Liability Insurance (or Errors and Omissions Liability Insurance). 6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors (Form B). 8 6.2.4 Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 6.2.5 Professional Liability insurance (or Errors and Omissions Liability). Unless City waives in the requirement for professional liability insurance, Contractor shall provide to City the standard form issued by the carrier. 6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: 6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Contract or the general limit shall be twice the required occurrence limit. 6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage. 6.3.3 Employer's Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease; and Workers' Compensation Insurance in the amount required by law. 6.3.4 Professional Liability (or Errors and Omissions Liability) (if required): $1,000,000 per claim/aggregate. If a "claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 6.4 Additional Insureds. City, its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and those City agents serving as independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Work, regardless of any inconsistent statement in the policy or any subsequent endorsement, whether liability is attributable to Contractor or City. 6.5 Replacement Insurance. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage required by the Contract during the term of the Contract. Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Contractor and the cost of such insurance may be deducted, at the option of City, from payments due Contractor. This shall be in addition to all other legal options available to City to enforce the insurance requirements. 6.6 Certificates of Insurance with Original Endorsements. Contractor shall submit to City certificates of insurance with the original endorsements, both of 9 which reference the same policy number, for each of the insurance policies that meet the insurance requirements, not less than one (1) day before beginning of performance under the Contract. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. Endorsements must be executed on City's forms titled "Additional Insured Endorsement," copies of which are attached as exhibits to this Contract, or on any other form that contains substantially the same terms and is approved by City's Risk Manager. The endorsements must specifically name the City of Seal Beach and its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and those City agents serving as independent contractors in the role of City officials as insureds or additional insureds. Current insurance certificates and endorsements shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies at any time. 6.7 Deductibles and Self-Insured Retentions. Contractor shall inform City of any deductibles or self-insured retentions except with respect to any professional liability insurance. 6.8 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 6.8.1 For any claims related to this Contract, Contractor's insurance coverage shall be primary insurance as respects City, its elected and appointed officials, officers, employees, volunteers and those City agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, their elected and appointed officials, officers, employees, volunteers and those City agents serving as independent contractors in the role of City officials shall be excess of Contractor's insurance and shall not contribute with it. 6.8.2 Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.8.3 Each insurance policy required by this Section 6 shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 calendar days prior written notice by first class mail has been given to City. 6.8.4 Each insurance policy required by this Section 6 shall expressly waive the insurer's right of subrogation against City and its elected and appointed officials, officers, employees, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City or agency officials. By executing this Contract, Contractor waives all rights of subrogation against City and its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials. 10 6.9 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIII unless waived in writing by City's Risk Manager. 6.10 No Limitation on Indemnity. The insurance provisions shall not be construed to limit Contractor's indemnity obligations contained in this Contract or any other Contract Documents. 6.11 Insurance Requirements not Limiting. If Contractor maintains broader coverage and/or higher limits than the minimums required in this Section 6, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract. 6.12 Subcontractors. Contractor shall require each of its Subcontractors that perform services under the Contract to maintain insurance coverage that meets all of the requirements of the Contract including this Section 6. 7. Payment and Performance Bonds; Warranty. 7.1 Unless otherwise expressly provided in the bid documents, prior to commencing work, Contractor shall provide a performance bond and payment bond, each in an amount equal to 100% of the Contract price. The bond forms required to be executed are attached hereto and incorporated by reference herein as Exhibits B and C, respectively. The performance bond shall remain in force until the date of recordation of the Notice of Completion or written acceptance of the Work and the end of the one (1) year warranty period. 7.2 As required by the Standard Specifications, the Work shall be warranted by Contractor against defective materials and workmanship for a period of one (1) year. For the purposes of the calculation of the start of the warranty period, the Work shall be deemed to be completed upon the date of recordation of the Notice of Completion or written acceptance of the Work by City. Should any of the materials installed or Work performed prove defective or should the any portion of the Court Lighting Project prove defective, due to faulty workmanship, material furnished or methods of installation, or should said item or any part thereof fail to operate properly due to any of the above causes during the warranty period, Contractor shall make all required repairs and/or replacements within thirty (30) days after written notice by City. In the event repairs are not made within thirty (30) days, then as an alternative to utilizing the required performance bond, City may elect to perform all necessary corrective work, repairs and/or replacements, at Contractor's expense. In such event, Contractor shall reimburse City for its expenses incurred in correcting the defective Work. Additionally, Contractor agrees to defend, indemnify and hold City and the other Indemnitees (as defined in Section 5) harmless from claims of any kind arising from damage, injury or death due to such defects. 11 8. Substitute Security. In accordance with California Public Contract Code Section 22300, City will permit the substitution of securities for any monies withheld by City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with City, or with a state or federally chartered bank in California as the escrow agent, and thereafter City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section 8 and Section 22300 of the Public Contract Code, the term "satisfactory completion of the contract" shall mean the time City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section 8 shall be in the form provided by City. 9. Liquidated Damages. In accordance with Government Code Section 53069.85, Contractor agrees that if the Court Lighting Project is not completed within the Contract Time and/or pursuant to any completion schedule or Court Lighting Project milestones developed pursuant to provisions of the Contract, City will suffer damage. Should Contractor fail to complete the Court Lighting Project, or any part thereof, within said Contract Time or other City-approved completion schedule or Court Lighting Project milestones, Contractor shall reimburse City for the additional expense and damage for each calendar day that the Contract remains uncompleted after such deadline. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate of $500.00 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to City resulting from the failure of Contractor to complete the Court Lighting Project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. City shall have the right to deduct such damages from any amount due, or that may become due to Contractor, or the amount of such damages shall be due and collectible from Contractor or Contractor's Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. 10. Suspension. City may, in writing, order Contractor to suspend all or any part of Contractor's Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Contract. 11. Notices. Any notices, bills, invoices, or reports authorized or required by this Contract shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's regular business hours or by facsimile before or during Contractor's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Contract, or to such other 12 addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: City Clerk City of Seal Beach 211-8th Street Seal Beach, California 90740 Telephone: (562) 431-2527 Fax: (562) 493-9857 With a copy to: Public Works Director City of Seal Beach 211-8th Street Seal Beach, California 90740 If to Contractor: TLS Choice, LLC 1800 East McFadden Avenue, Suite 2 Santa Ana, CA 92705 Telephone: (714) 462-2955 Attn: Deanna Rey 12. Non-Assignability; Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Contract or the performance of any of Contractor's obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 13. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. 14. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Contract shall not be a waiver of any other condition of performance under this Contract. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 15. Attorneys' Fees. In the event that either party to this Contract shall commence any legal action or proceeding to enforce or interpret the provisions of this Contract, each party shall be responsible for their own attorneys' fees. 16. Construction. The validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of the State of California, with venue in Orange County, California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this 13 Contract shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract or who drafted that portion of the Contract. 17. Workers' Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, Contractor certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract." 18. Prevailing Wages. City and Contractor acknowledge that the Court Lighting Project is a public work to which prevailing wages apply, and Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including but not limited to those set forth in Exhibits F and G, attached hereto, and the rules and regulations established by the DIR in implementing such statutes, as though expressly set forth herein, including any applicable amendments made thereto during the term of this Contract. For every subcontractor who will perform work on this Court Lighting Project, Contractor shall be responsible for such subcontractor's compliance with the Labor Code provisions and DIR rules and regulations, and Contractor shall take all necessary actions to ensure subcontractor's compliance. Labor Code Section 1725.5 requires all contractors and subcontractors to annually register with the DIR before bidding or performing on any public work contract. 19. Third Party Claims. Pursuant to Public Contract Code Section 9201, City has full authority to compromise or otherwise settle any claim relating to this Contract at any time. City shall timely notify Contractor of the receipt of any third-party claim relating to the Contract. City shall be entitled to recover its reasonable costs incurred in providing the notification required by Public Contract Code Section 9201(b). 20. Claim Dispute Resolution. 20.1 In the event of any dispute or controversy with City over any matter whatsoever, Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be characterized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters. 20.2 All claims arising out of or related to the Contract Documents or this Court Lighting Project, and the consideration and payment of such claims, are 14 subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of "claim" as individually defined therein. 21. Antitrust Claims. In entering into this Contract, Contractor offers and agrees 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 (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties. 22. Non-Collusion. Contractor hereby certifies that this bid is genuine and not a sham or collusive, or made in the interest or on behalf of any person or business not herein named. Contractor further certifies that Contractor has not directly or indirectly induced or solicited any other bidder to furnish a sham bid, or any other person or business to refrain from bidding, and Contractor has not in any manner sought by collusion to secure itself an advantage over any other bidder. Contractor also affirms that it has signed and submitted with its bid to City a Noncollusion Declaration as required by Public Contract Code Section 7106, attached hereto as Exhibit H and incorporated herein by this reference. 23. Non-Appropriation of Funds. Payments to be made to Contractor by City for Work performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Contractor's Services beyond the current fiscal year, this Contract shall cover payment for Contractor's Work only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 24. Force Majeure. Neither party shall be responsible for delays in performance caused by unforeseeable events beyond the control and without the fault or negligence of the parties, including but not limited to acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, and/or freight embargoes. Contractor's lack of funding for any reason shall not be a force majeure. If Contractor claims force majeure, City shall ascertain the facts and extent of delay, and extend the time for performing the Work for the period of the enforced delay when and if in the judgment of City such delay is justified. In no event shall Contractor be entitled to recover damages against City for any delay in performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. 15 25. Prohibited Interests; Conflict of Interest 25.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Work, or which would conflict in any manner with the performance of the Work under this Contract. Contractor further covenants that, in performance of this Contract, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Work. Contractor shall not accept any employment or representation during the term of this Contract which is or may likely make Contractor "financially interested" (as provided in California Government Code Sections1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 25.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Contract. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Contract. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Contract without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 25.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non-contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Contract, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection. 26. Entire Agreement. This Contract, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Contract supersedes all prior oral or written negotiations, representations, or agreements. This Contract may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Contract. 27. Severability. The invalidity in whole or in part of any provisions of this Contract shall not void or affect the validity of the other provisions of this Contract. 28. Titles and Headings. The titles and headings used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it. 16 29. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 30. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 17 IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Contract as of the date first written above. CITY OF SEAL BEACH CONTRACTOR: TLS Choice, LLC, a lifo a limi d ility company By: By: Jill R. Ingram, City Manager Brooks Berry Chief Financial Officer Attest: By: GI ria D. Ha pe City Clerk By: Approved as o Form: By: (Please note, two signatures required for Nicholas Ghirelli, City Attorney corporations pursuant to California Corporations Code Section 313. 18 EXHIBIT A CITY SOLICITATION Court Lighting Project will adhere to the City of Seal Beach ("City") approved plans and specifications pursuant to Resolution 7437. Iris Lee From: Stephen Mutch <stephen.mutch@anseradvisory.com> Sent: Thursday,April 25, 2024 7:22 AM To: Iris Lee Subject: Fw:Clarification of Bid Items and quantities Attachments: Bid Schedule Kya Draft.pdf Here is the bid schedule I sent earlier this month.We had a subsequent site walk a few days later. Stephen Mutch, PE Senior Director VP M+1 5627439420 aerserddvasxs ,curry Not A E \ Amer Advisory is POv. part of Accent From:Stephen Mutch Sent: Monday,April 1,2024 12:04 PM To: Deanna Rey<deanna.rey@thekyagroup.com> Cc: Iris Lee<ilee@sealbeachca.gov> Subject:Clarification of Bid Items and quantities Hi guys,from our conversation this morning I just need a clarification of quantities and scope.I apologize for not forwarding this over to you sooner so at least you have a basic understanding of what we're looking for.Please take a look and call me with any questions thank you. Stephen Mutch, PE Sen o Director VP i.'+1 5627439420 anseradvisory.comj A 'E I"'G Amer Advisory is now 01-Z.w part of Accmittirr: 1 BID PROPOSAL CITY OF SEAL BEACH TENNIS AND PICKLEBALL CENTER IMPROVEMENT PROJECT PROJECT CIP NO. BG2105 BID SHEETS Bidder's Name: To the Honorable Mayor and Members of the City Council: In compliance with the Notice Inviting Bids, the undersigned hereby agrees to execute the Contract to furnish all labor, materials, equipment and supplies for the Project in accordance with the Contract Documents to the satisfaction and under the direction of the City Engineer, at the following prices: Base Bid items: General Conditions Bid Items Item Description Unit Quantity Unit Price Extended Price (in Figures) (in Figures) No. Mobilization and Demobilization 1 (5% of Total Bid Maximum) LS 1 $ $ '2 Onyuirry Site Mdinterldr/ce LS Locker Room Building Bid Items Item Description Unit Quantity Unit. Price Extended Price No. (in Fgures) (in Figures) �_ Demolition of Existing Locker LS 1 $ $ Room Building Provide and Connect Temporary LS _ $ g Public Restrooms New Permanent Site Fencing at 5 NE Sestien-of-Demelished Locker LF 60 $ $ Room Building Site Improvement Bid Items Item Description Unit Price Extended Price No. P Unit Quantity (in Figures) (in Figures) Remove & Reconstruct Concrete 6----Sidawalc---Around----Ciubbouse SF 1,200 $ $ (Sheet A-2.1) Unrinrgrnund Conduit Run & Pull1 Box From North Gate to PR-2 Clubhouse(Sheets E1.2 &A-1.2) Underground Trenching and 8 Conduit for New Lighting Near LS 1 $ $ Court#9-#12 Install New 20'Aluminum Light Poles (w/base), including 9 Electrical Furnishings, at Court#9 EA 6 $ $ &#10 Install New LED fixtures, Including 10 Mounting Brackets, to New Light EA 9 $ $ Poles at Court#9&#10 Provide New LED Light Fixtures, Including Mounting Brackets, to 11 Existing Light Poles at Courts #11 EA 27 $ $ -#14 Clubhouse Bid Items Unit Price Extended Pri No. > Description Unit Quantity (in Figures) (in Figures ective Demolition for Clubhouse 12 Re deling and Additions LS 1 $ $ 13 Concrete ork for Clubhouse LS 1 $ /$ y. 14 Roof Access La r LS 1 $ z $ 15 Rough Carpentry Wood raming LS 1 X $ for Roof Ladder 16 Interior Woodwork , LS $ $ 17 Exterior Woodwork \` 1 $ $ 18 Rehabilitation of Modified Bitumen SF 00 $ $ Membrane Roofing Furnish and Install N 19 Thermal/Acoustic insula i n, LS 1 $ Acoustical Ceilings, ustic Sound Panels Furnish and In all Exterior Doors \N 20 and Frame EA 8 $ N E. (Doors ,02,07,08,12-15,A-2.2) N 21 Fu ish and Install Interior Doors EA 4 $ $NN, d Frames (Doors 16-19, A-2.2) Furnish and Install Sliding Glazed EA 3 $ $ \� �LL Doors(Doors 09-11, A-2.2) PR-2 N 2 Furnish and Install Exterior French EA 4 $ $ � Doors(Doors 03-06, A-2.2) 24 Int 'or Gypsum Board Assemblies LS 1 $ $ 25 Furnish d Install Tile SF 1,800 $ Flooring/W 26 Furnish and Ins I Vinyl Plank SF 2,050 $ / $ Flooring // 27 Furnish and Install VCT Doting SF 180 $/ $ N. Furnish and Install Sealed 28 Concrete Flooring SF $ $ 29 Interior Painting 1 $ $ 30 Exterior Painting LS `9N\ $ $ 31 Furnish and Install Buildi 5 LS 1 $ Signage Furnish and Ins Restroom and N 32 Locker Roo ccessories LS 1 $ $ Furnish d Install Fire 33 Extin fishers with Enclosures EA 3 $ $ S et T-2, Spec. 10440) 34 Warming Kitchen LS 1 $ $ /435— fechrarrrcal- —_ -- LS 1 $ $ 36 Electrical LS 1 $ $ 37 Plumbing - LS -- 1 $ $ Furnish and Install Aluminum Framed Windows (A-6.1, #01-06) LS 1 $ -$- TOTAL BASE BID PRICE (ITEMS NO. 1 THROUGH 38) $ WORDS FIGURES PR-2 IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. Allowance Items: Description Unit Quantity Unit Price Extende r+c� No. (in Figures) figures) AI.1 Unforeseen Condns Nita nce LS 1 40,000 $ TOTAL ALLOWANCE (ITEM NO.All) FOB.TY T OUSAND DOLLARS $40,000 FIGURES Additive Bid Alternate Items: Clubhouse Building &Court#07&#8 Additive Bid Items Item Unit Price Extended Price No. Description Unit Quantity (in Figures) (in Figures) New Below Grade Electrical AB.1 Conduit to Court#7 &#8, Includes LS 1 $ $ New Landscaping Over Trenching (Sheets A-1.1 &A-1.2) Install New Electrical Conduit & Concrete Trenching & Repair to AB'2 Court #7 & #8 (Sheets A-1.1 & A- LS 1 $ $ 1.2) Furnish & Install (9) EA New 20' Aluminum Light Poles (w/ Base) AB.3 for Courts#7 &#8 (Sheets A-1.1 & EA 9 $ $ A-1.2) Furnish & Install (12) EA New LED AB.4 Light Fixtures for Courts #7 & #8 EA 12 $ $ (Sheets A-1.1 &A-1.2) TOTAL ADDITIVE BID ALTERNATE PRICE (ITEMS NO.AB.1 THROUGH AB.4) WORDS FIGURES PR-2 Deductive Bid Alternate Items: GI4whouse Building Deductive Bid Items Item Description Unit Quantity Unit Price Extended C1"e No. (in Figures) (i ' ures) New Bi- ing Door & Frame in DB.1 Lieu of "Sli Glazed Doors' LS 1 $ $ (Doors 09- 11, Sh A-2.2) New Fixed Aluminur�i Framed Windows in Lieu of "Swing/French nch DB.2 LS Doors" y $ $ (Doors 03-06, Sheet A-2.2) Retain Structural Columns DB.3 Clubhouse (Columns at Gri�iirfes LS 1\ 04/B & 06/B, Sheet A- a(SN-1 D $ $ thru SD-4D) TOTAL DEDUCTIVE ALTERNATE PRICE (ITEMS NO. DBB..1/TI ROUGH DB.3) $ ,Nc DS FIGURES IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. Note: Items may be adjusted or deleted. Therefore, regardless of total actual volume (percentage) compared to estimated quantities, the unit prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities; and if this right is exercised,the Contractor will not be entitled to any additional compensation. Cost of all export of material shall be included in the above unit costs;no additional compensation will be granted for such expenses. DETERMINATION OF LOWEST BID: LOWEST TOTAL BASE BID TOTAL BID PRICE= BASE AMOUNT(ITEMS 1 THRU 38) PLUS ALLOWANCE (ITEM AI.1) -TOTAL ALLOW"NGE PRICE IN-DIGI-TS: $-0,000 TOTAL BID PRICE IN DIGITS: $ TOTAL BID PRICE IN WORDS: IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. PR-2 Enhance Ky^ Community Through Action. May 2, 2024 California Iris Lee South Seal Beach Public Works Director Kampus and Showroom 211 Eighth Street, 1800 E.McFadden Ave. Santa Ana.CA 92705 Seal Beach, CA 90749 a 714-659-6477 Re: TLS Choice, LLC North 3235 Sunrise Blvd..Ste.4 Rancho Cordova,CA 95742 Dear Ms. Lee 0 916-407-2855 Bay This is to confirm that TLS Choice is a wholly owned subsidiary of KYA 23385 Sklan Rd. Holdings, Inc. 100% and there are no other owners. Hayward,CA 94545 0 510-474-0455 Feel free to reach out if you have any questions. Central 3980 Saco Rd.,Ste.K Regards, Bakersfield CA 93308 0 661-977-6779 KYA Holdings, Inc. San Diego 861 Elmhurst St. Chula Vista,CA 91913 0 619-975-2900 Texas Brooks Berry Chief Financial Officer 126 Holmes Unit 18 Liberty Hill,TXX 78642 rY@thek a rou brooks.ber com Y g P• 0512-540-5326 Nevada South 3275 S.Jones Blvd.,Ste.104 Las Vegas,NV 89146 KYA Holdings, Inc 1800 E.McFadden Ave Santa Ana,CA 92705 EXHIBIT B FAITHFUL PERFORMANCE BOND Bond premium is subject to change based on the final contract amount Executed in Duplicate Bond No. 0856442 PERFORMANCE BOND Premium: $2,183.00 KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach ("City"), has awarded to TLS Choice LLC 1800 E McFadden Ave., Ste 2 Santa Ana, CA 92705 ("Principal") (Name and address of Contractor) a contract(the "Contract") for the Work described as follows: TENNIS AND PICKLEBALL CENTER SPORTS COURT LIGHTING, CIP BG2105 (Project name) WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and Harco National Insurance Company 4200 Six Forks Road, Suite 1400 Raleigh, NC 27609 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Two Hundred One Thousand Five Hundred Fifty Two and 06/100 Dollars ($ 201,552.06 ), this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her 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 provisions in the Contract and any alteration thereof made as therein provided, on the Principal's part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys'fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under 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. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: May 16, 2024 "Principal" "Surety" TLS Choice LLC Harco National Insurance Company By: By: Its ?).05-bleti Its hristi e Woolford, Attorney-in-Fact By: ,.,,,.Iw Off'eft. By: Its ho1Ce Its ti _ LI 2015 ez SEAL ` ' (Seal) q��;'• . P .: ,► • OCC?s (Seal) \� 0 ofCa Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On l MA�:' 1 202 1 before me, Thao Nguyen Luu Notary Public, 1 1 to 'FA Insert Name of Notary exactly as it appears on the official seal personally appeared Christine Woolford Name(s)of Signer(s) 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 �� THAO NGUYEN LUU executed the same in his/her/their authorized capacity(ies), 44' Notary Public•California and that by his/her/their signature(s) on the instrument the Orange County _ person(s), or the entity upon behalf of which the person(s) vs; Comm Commission#2u5 1 iozi acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature ,v '4f�— Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: __— ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s):_ ❑ Corporate Officer - Title(s): ❑ Partner ❑Limited El General ❑ Partner Cl Limited❑General ❑ Attorney in Fact 'RIGHT THUMBPRINT ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Trustee OF SIGNER ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: l — POWER OF ATTORNEY Bond# 0856442 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered:4200 Six Forks Rd,Suite 1400,Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS:That HARCO NATIONAL INSURANCE COMPANY,a corporation organized and existing under the laws of the State of Illinois,and INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Jersey,and having their principal offices located respectively in the cities of Rolling Meadows,Illinois and Newark,New Jersey,do hereby constitute and appoint JOE MCGRADY, P. AUSTIN NEFF, EMILIE GEORGE, CHRISTINE WOOLFORD, IRENE LUONG, ALEXANDER R. HOLSHEIMER, THAO LUU, JAMES W. MOILANEN, YUNG T. MULLICK, DANIELLE HANSON Mission Viejo, CA their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed, required or permitted by law,statute,rule,regulation,contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed,and may be revoked,pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December,2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December,2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances,contracts of indemnity and other written obligations in the nature thereof or related thereto; and(2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation;and(3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF,HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December,2023 ,.....•..•. 1NSUq' `0t1tTy000 STATE OF NEW JERSEY STATE OF ILLINOIS :Of .•....,, . p�Okq County of Essex �•� 7 f oM r`o V SEAL T County of Cook =z izs SEAL 1904 :O: t ss4 :! Q<NIO� lE Michael F.Zurcher '•,� 1,�.•' 1N/ F �'� Executive Vice President,Harco National Insurance Company •�•''••*•••'��, and International Fidelity Insurance Company On this 31st day of December,2023 ,before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly sworn,said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. P�f1Y C G IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal,at the City of Newark, New Jersey the day and year first above written. OTARy ,9TF _ ��5 S OF NE•TI? Cathy Cruz a Notary Public of New Jersey My Commission Expires April 16,2029 CERTIFICATION I,the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney,with the originals on file in the home office of said companies,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF,I have hereunto set my hand on this day, May 16,2024 A00964 Irene Martins,Assistant Secretary ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On May 17, 2024 before me, Sierra Read, Notary Public (insert name and title of the officer) personally appeared Brooks Berry who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. � �,, SIERRA READ ;'`a11"�= Notary Public-California 4 Orange County - aTrapt • Commission N 2344229 • •o• My Corm,Expires Jan 29.2025 Signature `f/M/2I4 O( (Seal) _ a ;* - - - .r)Mili.iii•-z--lilli. M1•11.--. POWER OF ATTORNEY Bond# 0856442 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered:4200 Six Forks Rd,Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS:That HARCO NATIONAL INSURANCE COMPANY,a corporation organized and existing under the laws of the State of Illinois,and INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Jersey,and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark,New Jersey,do hereby constitute and appoint JOE MCGRADY, P. AUSTIN NEFF, EMILIE GEORGE, CHRISTINE WOOLFORD, IRENE LUONG, ALEXANDER R. HOLSHEIMER, THAO LUU, JAMES W. MOILANEN, YUNG T. MULLICK, DANIELLE HANSON Mission Viejo, CA their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed, required or permitted by law,statute,rule,regulation,contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed,and may be revoked,pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December,2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December,2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances,contracts of indemnity and other written obligations in the nature thereof or related thereto; and(2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation;and(3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking, recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF,HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December,2023 ...... `�(�,1Tr. STATE OF NEW JERSEY STATE OF ILLINOIS 'O ;,•• •• . p��1� County of Essex �,7 County of Cook _?aSEA (A ° s�►� "' SEAL a; 1904 ts�4 C .� lNr',�a � 1E Michael F.Zurcher '•./l •• ��'•'� 4/ . 1. •.•,.......,,••• Executive Vice President,Harco National Insurance Company and International Fidelity Insurance Company On this 31st day of December,2023 ,before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly sworn,said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. -c C4 IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal,at the City of Newark, "R�� New Jersey the day and year first above written. OTAl�y OFNE.N J „sss Cathy Cruz a Notary Public of New Jersey My Commission Expires April 16,2029 CERTIFICATION I,the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney,with the originals on file in the home office of said companies,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto sot my hand on this day, May 16,2024 A0 0964 Irene Martins,Assistant Secretary 21F8 ARC CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 05/16/2024 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 CONTACT Aon RISK SERVICES SOUTH INC NAME: on Risk Services,Inc of Florida 3550 LENOX ROAD NORTHEAST PHONE Ext):833-506-1544 (A/C,No)SUITE 1700 ( o, ( ATLANTA GA 30326 EMAIL ADDRESS: work.comp@trinet.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: ACE American Insurance Company 22667 INSURED INSURER B: TnNet Group,Inc.L/C/F TLS Choice,LLC 1 Park Place,Suite 600 INSURER C: Dublin,CA 94568-7983 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 15752769 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 TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD (MMIDD/YYYY) (MM/DDIYYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY n PROJECT LOC PRODUCTS-COMP/OP AGG $ OTHER $ AUTOMOBILECOMBINED SINGLE LIMIT LIABILITY (Ea accident) S —ANY AUTO BODILY INJURY(Per person) - $ OWNED SCHEDULED AUTOS ONLY _AUTOS BODILY INJURY(Per accident)_ $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY _AUTOS ONLY (Per accdent) S $ UMBRELLA LIAB _OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEC RETENTION$ WORKERS COMPENSATION X PER 0TH-' AND EMPLOYERS'LIABILITY YIN STATUTE ER A ANY PROPRIETOR/PARTNER/EXECUTIVE N WLR_C52208270 E.L.EACH ACCIDENT $ 2,000,000 OFFICER/MEMBEREXCLUDED? NIA X 07/01/2023 07/01/2024 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 2,000,000 If yes,dencnbe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached 8 more space Is required) Workers Compensation coverage is limited to worksite employees of TLS Choice,LLC through a co-employment agreement with TnNet HR II-A,Inc.. Waiver of subrogation in favor of City of Seal Beach as required by written contract. CERTIFICATE HOLDER CANCELLATION City of Seal Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 211 Eighth Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Seal Beach CA 90749 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE eon eibk 8e/tvice. South Qnc ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Workers' Compensation and Employers' Liability Policy Named Insured TriNet Group,Inc.UC/F TLS Choice,LLC Endorsement Number 1 Park Place,Suite 600 Dublin,CA 94568-7983 Policy Number Symbol:WLR Number:C52208270 Policy Period Effective Date of Endorsement 07/01/2023 TO 07/01/2024 05/16/2024 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to • obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1. ( X ) Specific Waiver Name of person or organization: City of Seal Beach 211 Eighth Street Seal Beach,CA 90749 () Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be INCLUDED percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium: INCLUDED Authorized Representative WC 90 03 75 (05/18) ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY TLS Choice LLC- 1800 E McFadden Avenue Suite 2, Santa Ana, CA 92705 Name and address of named insured(Named Insured"): ALKEME INSURANCE SERVICES, INC. - 111 Corporate Dr.#200, Ladera Ranch, CA 92694 Name and address of insurance company("Company"): General Liability General description of agreement(s), permit(s), license(s), and/or activity(ies)insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy")or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach ("City"), its elected and appointed officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials, are additional insureds(the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s)or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty(30) Days before the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generals/ above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds 8. It is hereby agreed that the laws of the State of California shall apply tc and govern tie validity construction, interpretation, and enforcement of this contract of insurance. 9 This endorsemert and all notices given hereunder shall be sent to City at: City Manager City of Seal Beach City Hall 211 8'"Street Seal Beach, CA 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be he'd to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached TYPE OF COVERAGES TO WHICH THIS POLICY PERIOD LIMITS OF ENDORSEMENT ATTACHES FROM/TO LIABILITY 6952470 1/1/2024 -9/1/2024 51 million!32 million 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes. Contractual Liability a Explosion Hazard G( Owners/Landlords/Tenants n Collapse Hazard x Manufacturers/Contractors ❑ Underground Property Damage x Products/Completed Operations a Pollution Liability ❑ Broad Form Property Damage o Liquor Liability o Extended Bodily Injury ❑ ❑ Broad Form Comprehensive a o General Liability Endorsement ❑ 12. A x deductible or self-insured retention (check one)of$ 0 applies to all coverage(s) except' none if none, so state) The deductible is applicable n per claim or i per occurrence(check one). 13. This is an x occurrence or-1 claims made policy (check one) 14. This endorsement is effective on 1/1/2024 at 12.01 a.m and forms a part of Policy Number 6952470 I. Brooks Berry (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company Executed Mav 3 20 24 ` C Signature of Authorized R presentative ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is , attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange Cn 05/03/2024 before me. Abraham Flores III, Notary Public (insert name and title of the officer) personally appeared Brooks Berry who proved to me on the basis of satisfactDry evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and ac<nowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal 1U- 4aFAHAM DLO 1N Q` �' %Mary PolakPolak•Californiafi °WS*CCUMy _ aM^ ( Cmmm'sF+xlo1Se241 77740 5 .70 16 Signature (Seal) (Original signature only; no facsimile signature Telephone No.: E_14 462-2955 or initialed signature accepted) EXHIBIT E-2 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY] ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY TLS Choice LLC -1800 E McFadden Avenue Suite 2, Santa Ana, CA 92705 Name and address of named insured(Warned Insured"): ALKEME INSURANCE SERVICES, INC. - 111 Corporate Dr. #200, Ladera Ranch, CA 92694 Name and address of insurance company("Company"): Automobile Liability General description of agreement(s), permit(s), license(s), and/or activity(ies)insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the"Policy")or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach ("City"), its elected and appointed officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds")under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty(30) Days before the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8 It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9 This endorsement and all notices given hereunder shall be sent to City at City Manager City of Seal Beach City Hall 211 8'n Street Seal Beach CA 90740 10 Except as stated above and not in conflict with this endorsement. nothing contained herein shall be held to waive, alter or extend any of the limits, agreements jr exclusions of the policy to which this endorsement is attached TYPE OF COVERAGES TO WHICH THIS POLICY PERIOD LIMITS OF ENDORSEMENT ATTACHES FROM/TO LIABILITY 4629084 1/1/2024-9/1/2024 $1 Mdlion 11. Scheduled items or locations are to be identified on an attached sheet —he following inclusions relate to the above coverages. Includes: x Any Automobiles -J Truckers Coverage c All Owned Automobiles Motor Carrier Act X Non-owned Automobiles J Bus Regulatory Reform Act x Hired Automobiles Public Livery Coverage X Scheduled Automobiles 3arage Coverage 12. A x deductible or n self-insured retention (check one)of$ 2,000 applies to all coverages►except: (if none, so state). The deductible is applicable c per claim or o per occurrence(check one) 13 This is an C occurrence or r claims made policy (check one) 14. This endorsement is effective on 1/1/2024 at 12 01 am and forms a part of Policy Number 4629084 I, Brooks Berry 'print name). hereby declare under penalty o4 penury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed Ma/ 3 , 20 24 Signat e of Authorized ep sentative (Original signature only; no facsi signature Teephone No.. V14462-2955 orinrtia/ed signature accepted) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange } On 05/03/2024 before me. Abraham Flores III, Notary Public (insert name and title of the officer) personally appeared Brooks Berry wio 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 sgnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. At81GHLL1FLORE511, �,� 4cUry Public CallyemM 1 's':d Cram County ♦'S. Cwnmfssbr y 2477905 Ny Ceram.Exoaa Srp 2i,2026 Signature C (Seal) EXHIBIT E-3 ADDITIONAL INSURED ENDORSEMENT [INSERT ADDITIONAL EXHIBITS CONTAINING OTHER REQUIRED ENDORSEMENTS, SUCH AS BUILDER'S RISK AND/OR EXCESS INSURANCE LIABILITY, IF REQUIRED, AND NUMBER THE EXHIBITS IN ORDER] ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY [IF REQUIRED] TLS Choice LLC- 1800 E McFadden Avenue Suite 2, Santa Ana, CA 92705 Name and address of named insured("Named Insured"): ALKEME INSURANCE SERVICES, INC. - 111 Corporate Dr.#200, Ladera Ranch, CA 92694 Name and address of insurance company("Company"): Excess Liability General description of agreement(s), permit(s), license(s), and/or activity(ies)insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the"Policy")or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach ("City"), its elected and appointed officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty(30) Days before the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to City at: City Manager City of Seal Beach City Hall 211 Eighth Street Seal Beach, California 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS POLICY PERIOD LIMITS OF ENDORSEMENT ATTACHES FROM/TO LIABILITY 6952470 1/1/2024-9/1/2024 $1 Million 1000588259241 2/27/2024-9/1/2024 $10 Million aC Following Form ❑ Umbrella Liability 11. Applicable underlying coverages: INSURANCE COMPANY POLICY NUMBER AMOUNT National Union Fire Ins.Co. of 6952470 $1 Million Starr Indemnity& Liability Co 1000588259241 $10 Million 12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages: 13. A deductible or❑ self-insured retention (check one)of$ 0 applies to all coverage(s)except: none (if none, so state). The deductible is applicable o per claim or o per occurrence(check one). 14. This is an X occurrence or❑ claims made policy(check one). 15. This endorsement is effective on 2/27/24 at 12:01 a.m. and forms a part of Policy Number 1000588259241 I, Brooks Berry(print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed May 3 , 20 24 Signature of Authorized epresentative (Original signature only,; no f smile signature Telephone No: (714 462-2955 or initialed signature accepted) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or [validity of that document. State of California County of Orange On 05/03/2024 before me, Abraham Flores III, Notary Public (insert name and title of the officer) personally appeared Brooks Berry wio proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal / •' t+otary Natoli.:�California 0rm a County Commission a 1�179D5 ,�' lMx Canm,EiDMes Sw 23,10235 Signature (Seal) EXHIBIT E-4 PROOF OF INSURANCE Gloria Harper From: Iris Lee Sent: Wednesday, May 22, 2024 10:24 AM To: Gloria Harper Cc: Brandon DeCriscio Subject: RE:TLS Choice Hi Gloria, No Professional/E&O. Thank you! Iris From:Gloria Harper<gharper@sealbeachca.gov> Sent: Wednesday, May 22, 2024 10:24 AM To: Iris Lee<ilee@sealbeachca.gov> Cc: Brandon DeCriscio<BDeCriscio@sealbeachca.gov> Subject:TLS Choice Hi Iris, Inquiring about Professional/Errors & Omissions is it required for the agreement? If so, please send updated COI. Thank you, arr Lo a. D. Harper Gloria D. Harper, City Clerk 211 Eighth Street, Seal Beach, CA 90740 (562) 431-2527 x 1305 • fX Click here to read and subscribe to our City Manager Newsletter. View our: Shoreline Recreation Brochure Seal Beach follows Civility Principles by promoting courtesy, respectful listening, open mindedness, issue-focused debate, And embracing respectful disagreement and dissent as democratic rights and tools for sound decisions. For Information about Seal Beach, please see our City website:www.sealbeachca.uov NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. • A`9Ro® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDO/YYYY) 5/17/2024 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 poiicy(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 CONTACT NAME: Meghan Carroll ERM Insurance Brokers LLC PHONE FAX 111 Corporate Drive,Suite 200 IA/c.No.Extl:949-222-0444 (A/c.No):949-222-0445 Ladera Ranch CA 92694 ADDRESS: mcarroll©erminsurance.com INSURER(S)AFFORDING COVERAGE NAIC# License#:0M63276 INSURER A:National Union Fire Ins.Co.of 19445 INSURED TLSCHOI-01 INSURER B:Starr Indemnity&Liability Co 38318 TLS Choice LLC 1800 E. McFadden Ave., Suite 2 INSURERC: Santa Ana CA 92705 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:662211716 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. NOR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD NND POLICY NUMBER (MMIDD/YYYY) (MMIDD/YYYYI A X COMMERCIAL GENERALUABILITY Y Y 6952470 1/1/2024 9/1/2024 EACH OCCURRENCE $1,000,000 DAMAGE TO CLAIMS-MADE X OCCUR PREMISES(EaENTED occurrence) $300,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JECaT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: PROJ AGG 10 MIL $ A AUTOMOBILE LIABIUTT Y Y 4629084 1/1/2024 9/1/2024 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED y NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) $ A UMBRELLALIAB X OCCUR 6952470 1/1/2024 9/1/2024 EACH OCCURRENCE $1,000,000 X EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED X RETENTION$n $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N _ STATUTE ER _ ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? n N/A (MandatoryInNH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under -J DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 8 Excess Second Layer 1000588259241 2/27/2024 9/1/2024 Each Oaurrence/Agg 10,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is additional insured per CGL2010 0815/CGL2037 0816;primary/non-contributory;project aggregate;waiver of subrogation;auto additional insured includes waiver of subrogation and primary and non-contributory. RE:P-0100590 Tennis&Pickleball Center-Sport Court Lighting,3900 Lampson Avenue,Seal Beach,CA 90740 Certificate Holder/Additional Insured continued:City of Seal Beach,its trustees,administrators,representatives,agents and employees. CERTIFICATE HOLDER 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. City of Seal Beach 211 Eighth Street Seal Beach CA 90749 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG20010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: GL 6952470 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s)shown in the Schedule above. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ENDORSEMENT This endorsement,effective 12:01 A.M. 01/01/2024 forms a part of Policy No. CA 4629084 issued to TLS Choice LLC By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. ADDITIONAL INSURED-WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: "Any person or organization for whom you are contractually bound to provide Additional Insured status but only to the extent of such person or organizations liability arising out of the use of a covered "auto". I. SECTION II -LIABILITY COVERAGE,A.Coverage, 1.—Who Is Insured, is amended to add: d. Any person or organization,shown in the schedule above,to whom you become obligated to include as an additional insured under this policy,as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However,the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy,or (2) The coverage and/or limits required by said contract or agreement. AUTHORIZED REPRESENTATIVE 87950(09/14) ENDORSEMENT This endorsement,effective 12:01 A.M. 01/01/2024 forms a part of policy No.CA 4629084 issued to TLS Choice LLC by National Union Fire Insurance Company of Pittsburgh, PA THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. INSURANCE PRIMARY AS TO CERTAIN ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV-Business Auto Conditions,B.,General Conditions,5.,Other Insurance,c.,is amended by the addition of the following sentence: The insurance afforded under this policy to an additional insured will apply as primary insurance for such additional insured where so required under an agreement executed prior to the date of accident.We will not ask any insurer that has issued other insurance to such additional insured to contribute to the settlement of loss arising out of such accident. All other terms and conditions remain unchanged. 74445 (10/99) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ENDORSEMENT This endorsement,effective 12:01 A.M. 01/01/2024 forms a part of Policy No. CA 4629084 issued to TLS Choice LLC By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV-Business Auto Conditions,A.-Loss Conditions,5.-Transfer of Rights of Recovery Against Others to Us,is amended to add: However,we will waive any right of recovery we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an"accident"or"loss"if: (1)The"accident"or"loss"is due to operations undertaken in accordance with the contract existing between you and such person or organization;and(2)The contract or agreement was entered into prior to any"accident"or"loss". No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization,and we reserve our rights or lien to be reimbursed from any recovered funds obtained by any injured employee. AUTHORIZED REPRESENTATIVE 62897(6/95) POLICY NUMBER: GL 6952470 COMMERCIAL GENERAL LIABILITY CG 20 10 1219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s)Of Covered Operations Any person or organization whom you become Per the contract or agreement. obligated to include as an additional insured as a result of any contract or agreement you have entered into. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. or agreement to provide for such additional A. Section II — Who Is An Insured is amended to insured. include as an additional insured the person(s) or B. With respect to the insurance afforded to these organization(s)shown in the Schedule, but only with additional insureds, the following additional respect to liability for "bodily injury", "property exclusions apply: damage" or "personal and advertising injury" This insurance does not apply to "bodily injury" or caused, in whole or in part, by: "property damage"occurring after: 1. Your acts or omissions; or 1. All work, including materials, parts or 2. The acts or omissions of those acting on equipment furnished in connection with your behalf; such work, on the project (other than in the performance of your ongoing operations for service, maintenance or repairs) to be the additional insured(s) at the location(s) performed by or on behalf of the additional designated above. However: insured(s) at the location of the covered 1. The insurance afforded to such additional operations has been completed; or insured only applies to the extent permitted 2. That portion of"your work"out of which the by law; and injury or damage arises has been put to its 2. intended use by any person or organization If coverage provided to the additional other than another contractor or insured is required by a contract or subcontractor engaged in performing agreement, the insurance afforded to such operations for a principal as a part of the additional insured will not be broader than same project. that which you are required by the contract CG 20 10 1219 ©Insurance Services Office, Inc., 2018 Page 1 of 2 1. Required by the contract or agreement; or C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not required by a contract or agreement, the most we increase the applicable limits of will pay on behalf of the additional insured is the insurance. amount of insurance: Page 2 of 2 ©Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: GL 6952470 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization whom you become Per the contract or agreement obligated to include as an additional insured as a result of any contract or agreement you have entered into. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II—Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or by the contract or agreement to provide for organization(s)shown in the Schedule, but only with such additional insured. additional insureds, the respect to liability for "bodily injury" or "property following is added to Section III — Limits Of damage"caused, in whole or in part, by"your work" Insurance: at the location designated and described in the If coverage provided to the additional insured is Schedule of this endorsement performed for that required by a contract or agreement, the most we additional insured and included in the "productscompleted operations hazard". will pay on behalf of the additional insured is the amount of insurance: However: 1. Required by the contract or agreement; or 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. Available under the applicable limits of insurance; 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance whichever is less. afforded to such additional insured will This endorsement shall not increase the applicable limits of insurance. not be broader than that which you are required CG 20 37 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 EXHIBIT F ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business&Professions Code§7028.15] [Public Contract Code§20103.5] I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below(required at time of award): Business&Professions Code§7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104[now§ 20103.5]of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code§20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre-qualification questionnaire and financial statement. Failure of the Bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the Contract and shall result in the forfeiture of the security of the Bidder. License No.: 1025607 Class: B Expiration Date: 4/30/2025 Date: 5/3/2024 EXHIBIT G AGREEMENT TO COMPLY WITH LABOR LAW REQUIREMENTS AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code§§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with all applicable provisions of California law, including but not limited to the following- 1 Contractor acknowledges that this Contract is subject to the provisions of Division 2, Part 7. Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ("Agency") and agrees to be bound by all the provisions thereof as though set forth in full herein 2 Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which recuires the payment of travel and subsistence payments to each worker needed to execute the Work to the extent required by law. 3 Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day. or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the Contract by Contractor or by any subcontractor 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to(1) keep accurate payroll records, (2)certify and make such payroll records available for ,nspection as provided by Section 1776, and (3)inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors 5 Contractor agrees to comply with the provisions of California Labor Code Section 1777 5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the Contract by the Contractor or by 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 previsions of Division 2, Part 7 Chapter 1.Article 3 of the California Labor Code. 7 California Labor Coce Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows. "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of th: 0rk W of this Contract.' ve 5/3/2024 Signature EXHIBIT H NONCOLLUSION DECLARATION NONCOLLUSION DECLARATION FORM TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID 'PUBLIC CONTRACT CODE SECTION 71061 The undersigned declares: I am the Chief Financial Officer of TLS Choice LLC , the party making the foregoing Bid The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership company. association, organization, or corporation. The Bid is genuine and riot collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation partnership, company, association, organization, Bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid, and has not paid, and will no;pay, any Person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership. joint venture, limited liability company. limited liability partnership, or any other entity hereby represents that he or she has full power to execute. and does execute, this declaration on behalf of the Bidder I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 5/3/2024 [date], at Santa Ana [cityl. California [state]. Project Name: City of Seal Beach -Tennis 8 Pickleball Center- Sport Court Lighting Legal Business Name of Bidder TLS Choice LLC Business Address 1800 E McFadden Avenue Suite 2 Santa Aria, CA 92705 Business Tel. No 714-462-2955 Signature: Signature. Printed Name: Brooks Berry Printed Name Da:e. 5/3/2024 Date This form must be notarized. ACKNOWLEDGMENT — A notary public or other officer completing this certificate verifies oily the identity of the individual who signed the document to which this certifcate is ' attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) Cn 05/03/2024 before me, Abraham Flores III, Notary Public (insert narre and title of the officer) personally appeared Brooks Berry • who proved to me on the basis of satisfactory evidence to be the person(s)whose rame(s) is/are subscribed to the with n instrument and actnowledged 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 urder the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ,gy' :OW+HAM rLGREs m Iw Mo[Ny Pi i .Ca�l'rnl6 ;• '2.1 ZanI CO tiIy �Y7�17 Cammlssbnr 24779p5 ' MY Comm Expires Sec 23,2026 Signature (Seal) 1 EXHIBIT I ACCEPTED PROPOSAL 1111111, PREPARED FOR Iris Lee City of Seal Beach +15624312527 ilee@sealbeachca.gov •-• - - 04/30/2024 of S e!a B E.El Tenni.s- _ Plckiebait. CeritP,r- ',...:4)ort report Lighting Project Ntitriber P-0100590 tr;.brit..ice Dcwr Ruy E. McFadder Ave Choice Arvin Piggyback 2022-23- salni:i Ara ' 001 LICENSE 4-1025107 Pag,,as r.:AR it ICCIC0484C, 111111111, Proposal: P-0100590 Date:04/30/2024 To:City of Seal Beach Terms:Net30 211 Eighth St Choice Arvin Piggyback 2022-23-001 Seal Beach,CA 90749 RA:Deanna Rey RA Phone: RA Email:deanna.rey@tlschoice.com Site:Tennis and Pickleball Center Address:3900 Lampson Ave Seal Beach,CA 90740 Site Qualifications and General Scope of Work DIR#1000048409 Priced Per Choice Arvin Piggyback 2022-23-001 Notes: Sales tax rate will be based upon the shipping address.Price is good for 30 days from date of quote. Initials This is a legal agreement-please read carefully Complete and lnilial all pages Proposal Number P-0100590 2 vow SCOPE OF WORK - PRICING City of Seal Beach-Tennis&Pickleball Center-Sport Court Price U/M Quantity Value Taxable Lighting pg.8-Supplier List-Elements-ELE-PROLEDSLS-Professional LED Sports $24,924.08 EA 8 Lighting System $199,392.64 Bonding Fee $2,159.42 EA 1 $2,159.42 Total Price $201,552.06 Initials This is a legal agreement-please read carcfidh Complete and Initial all pages Proposal Number P-0100590 3 vow CONDITIONS AND WARRANTY 1)Proposal: The above proposal is valid for 30 days from the date first set forth above.After 30 days,we reserve the right to increase prices due to the rise in cost of raw materials,fuel or other cost increases.Wien applicable,TLS Choice,LLC reserves the right to implement a surcharge for significant increases in raw materials,including,but not limited to;fuel,and materials.Due to the duration of time between proposals, contracts and final furnishing,TLS Choice,LLCreserves the right to implement this surcharge when applicable. Any job that is accepted prior to December 31st of the current year and scheduled to install after December 31st of the current year is subject to price increase 2)Purchase: By executing this proposal,or submitting a purchase order pursuant to this proposal(which shall incorporate the terms of this agreement specifically by reference)which is accepted by TLS Choice,LLC.(the°Company"),the purchaser identified above("you"or the "Purchaser")agrees to purchase the materials and the services to be provided by the"Company",as detailed in the Pricing and"General Scope of Work"sections in this agreement,above. 3)Standard Exclusions: Unless specifically included,this agreement does not include,and Company will not provide services,labor or materials for any of the following work:(a) removal or disposal of any material containing asbestos or any hazardous materials as defined by the EPA;neither we nor our installers are responsible for the handling,removal or abatement of asbestos contained floor material or adhesive.Further,our policy is to request an Asbestos Hazard Emergency Response Act(AHERA)report prior to proceeding with any floor material or floor adhesive removal.We and our installers consider it the owners responsibility to produce this report prior to executing this contract.(b)moving Owner's property around the installation site.(c)repair or replacement of any Purchaser or Owner-supplied materials.(d)repair of concealed underground utilities not located on prints,supplied to Company by Owner during the bidding process,or physically staked out of by the Owner,and which are damaged during construction;or(e)repair of damage to existing surfaces that could occur when construction equipment and vehicles are being used in the normal course of construction. 4)Insurance Requirements: Company is not required to provide any insurance coverage in excess of Company's standard insurance.A copy of the Company's standard insurance is available for your review prior to acceptance of the Company's proposal. 5)Payment; Terms of payment are defined in the"Pricing"details section and are specific to this contract.For purposes of this agreement, "Completion"is defined as being the point at which the materials have been furnished.In any event where Completion cannot be effected due to delays or postponements caused by the Purchaser or Owner,final payment(less 10%retainage)is due within 30 days of the date when the Completion was scheduled,had the delay not occurred.All payments must be made to TLS Choice,LLC 1800 E.McFadden Ave.,Santa Ana,CA 92705.If the Purchaser or Owner fails or delays in making any scheduled milestone payments,the Company may suspend the fulfilment of its obligations hereunder until such payments are made,or Company may be relieved of its obligations hereunder if payment is more than 60 days past due.Company may use all remedies available to it under current laws,including but not limited to filing of liens against the property and using a collection agency or the courts to secure the collection of the outstanding debt. 6)Lien Releases: Upon request by Owner, Company will issue appropriate partial lien releases as corresponding payments are received from Purchaser, but prior to receiving final payment from Purchaser or Owner,Company will provide a full release of liens upon receipt of final payment.In accordance with state laws, Company reserves the right to place a lien on the property if final payment has not been received 10 days prior to the filing deadline for liens. 7)Site Plan Approval.Permit/s,Permit Fees,Plans.Engineering Drawings and Surveying: Site plan approval,permits,permit fees,plans,engineering drawings and surveying are specifically excluded from this agreement and the Services unless specified under the"General Scope of Work".The Company does not in any way warrant or represent that a permit or site plan approval for construction will be obtained.Sealed engineered drawings that are required but not included in the"General Scope of Work" will result in additional cost to Purchaser. 8)Manufacturing and Delivery: Manufacturing lead-time and delivery varies depending on the product purchased. Initials This is a legal agreement-please read carefully Complete and Mural all pages Proposal Number P-OI00590 4 1111., 9)Returned Product,Deposits and/or Cancelled Order: From date of shipment from our facility,all returned product(s)and cancelled orders are subject to a 50%restocking fee.No returns are available following this date.All deposits are non-refundable. 10)Concealed Conditions: "Concealed conditions"include,without limitation to,water,gas,sprinkler,electrical and sewage lines,post tension cables,and steel rebar. Observations that were able to be made either by visual inspection or by drawings and/or plans submitted by Owner at the time this agreement was approved. If additional Concealed Conditions are discovered once work has commenced which were not visible at the time this proposal was approved,Company will stop work and indicate these unforeseen Concealed Conditions to Purchaser or Owner so that Purchaser and Company can execute a change order for any additional work.In any event,any damage caused by or to unforeseen Concealed Conditions is the sole responsibility of the Purchaser and Company shall not be held liable for any such damage. Soil conditions are assumed to be soil that does not contain any water, hard rock(such as limestone,caliche,etc.),rocks bigger than flinches in diameter or any other condition that will require additional labor,equipment and/or materials not specified by the purchaser or Owner in the bidding process.Any condition requiring additional labor,equipment,and/or materials to complete the drilling or concrete operations will require a change order before Company will complete the process.Any variation will incur additional charges. 11)Changes in the Work: During the course of this project,Purchaser may order changes in the work(both additions and deletions).The cost of these changes will be determined by the Company,and a change order must be completed and signed by both the Purchaser and the Company,which will detail the 'General Scope of the Change Order".Should any change be essential to the completion of the project,and the Purchaser refuses to authorize such change order,then Company will be deemed to have performed its part of the project,and the project and Services will be terminated.Upon such termination,Company will submit a final billing to Purchaser for payment,less labor allowance for work not performed but including additional charges incurred due to the stoppage.No credit will be allowed for materials sold and supplied,which will remain the property of the Purchaser. 12)Warranty;Limitations of Liability: Company warrants that all Company-supplied labor and Services will be performed in a good and workmanlike manner.Purchaser shall notify the Company in writing detailing any defects in Service for which a warranty claim is being made. COMPANY SHALL NOT IN ANY EVENT BE LIABLE FOR INDIRECT,SPECIAL,CONSEQUENTIAL,INCIDENTAL,PUNITIVE OR LIQUIDATED DAMAGES IN ANY ACTION ARISING FROM OR RELATED TO THIS AGREEMENT,WHETHER BASED IN CONTRACT, TORT(INCLUDING NEGLIGENCE),INTENDED CONDUCT OR OTHERWISE,INCLUDING WITHOUT LIMITATION,DAMAGES RELATING TO LOSS OF PROFITS, INCOME OR GOODWILL,REGARDLESS OF WHETHER COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY'S LIABILITY FOR MONETARY DAMAGES UNDER THIS AGREEMENT EXCEED THE FEES PAID OR DUE AND PAYABLE FOR THE SERVICE UNDER THIS AGREEMENT(OR RELEVANT PURCHASE ORDER). The warranties or the materials are contained in a separate document between Company and the ultimate Owner of the materials,which will be provided to Owner at the time of completion of work. 13)Indemnification: To the fullest extent permitted by law.Purchaser shall indemnify,defend and hold harmless the Company and its consultants,agents and employees or any of them from and against claims,damages, losses and expenses, including but not limited to attorney's fees,relating to furnishing of the materials or performance of the Services,provided that such claim,damage, loss or expense is attributable to bodily injury to,sickness,disease or death of a person,or injury to or destruction of tangible property, but only to the extent caused by the negligent acts or omissions of the Purchaser or its agents,employees,or subcontractors or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim,damage,loss or expense is caused in part by a party indemnified hereunder.Such obligation shall not be construed to negate,abridge or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in Section 13, 14)Delegation:Subcontractors: The Services and furnishing of materials may be performed by subcontractors under appropriate agreements with the Company Initials This is a legal agreement-please read carefully Complete and Initial all pages Proposal Number P-0100590 5 15)Force Maieure:Impracticability: The Company shall not be charged with any loss or damage for failure or delay in delivering or furnishing of materials when such failure or delay is due to any cause beyond the control of the Company,due to compliance with governmental regulations,or orders,or due to any acts of God,lockouts. slowdowns,wars or shortages in transportation,materials or labor. 16)Dispute Resolution: Any controversy or claim arising out of or related to this agreement must be settled by binding arbitration administered in CA,92705 by a single arbitrator selected by the parties or by the American Arbitration Association,and conducted in accordance with the construction industry arbitration rules.Judgement upon the award may be entered in any court having jurisdiction thereof. 17)Entire Agreement:No Reliance: This agreement represents and contains the entire agreement between the parties.Prior discussion or verbal representations by the parties that are not contained in this agreement are not part of this agreement Purchaser hereby acknowledges that it has not received or relied upon any statements or representations by Company or its agents which are not expressly stipulated herein,including without limitation any statements as to the materials, warranties or services provided hereunder. 18)No Third-Party Beneficiaries: This agreements creates no third party rights or obligations between Company and any other person,including any Owner who is not also a Purchaser.It is understood and agreed that the parties do not intend that any third party should be a beneficiary of this agreement. 19)Governing Law. This agreement will be constructed and enforced in accordance with the laws of the State of California. 20)Assignment: Purchaser may not assign this agreement,by operation of law or otherwise,without the prior written consent of the Company.The agreements shall be binding upon and ensure to the benefit of the Company and the Purchaser,and their successors and permitted assigns. Executed to be effective as of the date executed by the Company: TLS Choice,LLC Accepted by: Signature: Signature: By:(Print) By:(Print) Title: Title: Date: Date: Initials I7u..zs r ligctl vnefu-r>leurc rteul rar�.`:rllr t'eu;tp(ete u;;d lnrjrui cr(ll(ages Proposal lVrunrher i'-UIGU iyO 6 EXHIBIT J ARVIN UNION SCHOOL DISTRICT BID NUMBER: 2022-23-001 WITH TLS CHOICE, LLC pRvrry GEORGIA RHETT A R V I N UNION District Superintendent SCHOOL DISTRICT EMMA PEREIDA-MARTINEZ 737 Bear Mountain Blvd. NScHooco„roes Assistant Superintendent Arvin,CA 93203 (661)854-6500 FAX(661)854-2362 June 28, 2023 TLS Choice LLC 1800 E. McFadden Ave, Suite 2 Santa Ana, CA 92705 Re: Piggyback Bid no. 2022-23-001 To Whom it May Concern, This letter is to serve as notice that the Arvin Union School District is extending the 2022-23-001 bid results from July 1, 2023 thru June 30, 2024 using the current manufactures price lists with TLS Choice LLC. This extension received board approval on June 27, 2023. The Arvin Union School District went out to bid on June 23, 2022 for Campus Modernization. The bid was published in the Bakersfield Californian on June 23, 2022 and June 29, 2022. Three vendors attended the job walk and received bid packets,TLS Choice LLC, MTZ Building Solutions, and Dobitz Construction. The bid opening date was July 7, 2022 at 1:30pm,two bids were received. The bid was awarded to TLS Choice LLC. The school board approved the bid results at the July 19, 2022 board meeting. Sincerely, C.1- Chris Davis Chief Business Official pb, R v erg Day, No Matt or 141/4. r f -� V s .� . 4 /O ti SCHOOL oIsI*1*.` Bid Number: 2022-23-001 Campus Modernization ARVIN UNION SCHOOL DISTRICT 737 Bear Mountain Boulevard Arvin, CA 93203 Issue Date: June 23,2022 Mandatory Pre-Bid Conference: June 30,2022 at 3:00pm Bid Opening Date/Time: July 7,2022 at 1:30pm 1 C.`'_=.l V } Proof of Publication THE BAKERSFIELD CALIFORNIAN Ad Number: 86746 PO #: 3700 PEGASUS DR STE 100 Edition: CALC Run Times 2 BAKERSFIELD, CA 93308 Class Code LEGAL NOTICES Start Date 06/23/2022 Stop Date 06/29/2022 ARVIN UNION SCHOOL DISTRICT Billing Lines 32.00 Inches 3.220693 737 BEAR MOUNTAIN BLVD Total Cost $ 573.82 Account 88625 ARVIN CA 93203 Billing ARVIN UNION SCHOOL DISTRICT US Address 737 BEAR MOUNTAIN BLVD ARVIN CA 93203 US STATE OF CALIFORNIA COUNTY OF KERN Solicitor I.D.: 0 I AM A CITIZEN OF THE UNITED STATES AND A RESIDENT First Text OF THE COUNTY AFORESAID: I AM OVER THE AGE OF NOTICE OF BID NOTICE IS H EIGHTEEN YEARS, AND NOT A PARTY OR INTERESTED IN THE ABOVE ENTITLED MATTER. I AM THE ASSISTANT Ad Number 86746 PRINCIPAL CLERK OF THE PRINTER OF THE BAKERSFIELD CALIFORNIAN, A NEWSPAPER OF GENERAL CIRCULATION, PRINTED AND PUBLISHED DAILY IN THE CITY OF BAKERSFIELD COUNTY OF KERN, AND WHICH NEWSPAPER HAS BEEN ADJUDGED A NEWSPAPER OF GENERAL CIRCULATION BY THE SUPERIOR COURT OF THE COUNTY OF KERN, STATE OF CALIFORNIA, UNDER DATE OF FEBRUARY 5, 1952, CASE NUMBER 57610; THAT THE NOTICE, OF WHICH THE ANNEXED IS A PRINTED COPY, HAS BEEN PUBLISHED IN EACH REGULAR AND NOTICE OF BID ENTIRE ISSUE OF SAID NEWSPAPER Notice is hereby given that the Board of Education tor the ARM UNION SCHOOL AND NOT IN ANY SUPPLEMENT THEREOF ON THE DISTRICT,Amin,California(i;entCounty).will receive Bid Number2022.23-001 for the following: FOLLOWING DATES, TO WIT: Campus Modernization 06/23/2022 06/29/2022 Mandatory pre bid conference will be on tune if. 2022 at 3:00pm at Bear Mountain Elementary School.1501 Hood Si.,Arvin,California 93203.Bidders must submit a business card at sign-in. ALL IN YEAR 2022 Sealed bids trust be delivered to the Arvin Union School District Business Office, 737 Bear Mountain Boulevard.Arvin,California 93203 no later than 1:30pm on July 7,2022. I CERTIFY (OR DECLARE) UNDER PENALTY OF PERJURY The State Allocation Board(SARI maY make alt or part of the THAT THE FOREGOING IS TRUE AND CORRECT. acailableandasamsult.themnttartawardmustbemrdeinf�acc ng tor nee this project SAB partldpation ceguiremeuu fat Disabled Veteran Business Enterprises IJ BEI, A description of these requirements and the DVBE(ones,which must be turned in with the bid,are contained in the project specifications. Companies Interested In bidding should request approprlatr bid documents from DATED AT BAKERSFIELD CALIFORNIA the Business Office.(6611B54-6500. The Board of Education reserves the right to reject any and all bids. No bidder may b2. ,;I (� withdraw their bid for a period of sixty l60)days after the date set for the opening of l� ( J bids. Refer to the formal bid documents and sprdficatloin for additional Information,terms,and conditions. June 23.29,2022 1367i6 pRVIN Ho Nutter . ,c1 Memo "t �Y Date: July 7, 2022 • 4,- ` ''41, j '° ,, To: Potential Bidders 490 A 0 0 From: Chris Davis N SCHOOL DI Re: 2022-23-001 —Addendum 1 The following additions, deletions and revisions to the plans,specifications and Addenda shall become a part of the plans and specifications. It is the responsibility of the bidder to submit the information contained in this addendum to all subcontractors and suppliers. The Bidder shall acknowledge receipt of the Addendum on the Introduction page of the bid packet. 1-01: Bid Date The bid date has been extended by four days. Previous bid date,July 7, 2022 at 1:30pm. New bid date is,July 11,2022 at 1:30pm. p IR V g N Regular Board Meeting 07/19/2022-06:00 PM Arvin Union School District M ' 737 Bear Mountain Boulevard,Arvin,CA 93203 �. : � am. N/o SCHOOL. OAS-c--` arvinschools.com MEETING MINUTES PUBLIC COMMENTS: Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body's consideration of the item,that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2. However, the agenda need not provide an opportunity for members of the public to address the legislative body on any item that has already been considered by a committee, composed exclusively of members of the legislative body, at a public meeting wherein all interested members of the public were afforded the opportunity to address the committee on the item, before or during the committee's consideration of the item, unless the item has been substantially changed since the committee heard the item, as determined by the legislative body. Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item per Gov.Code Section 54954.3(a). AGENDA STAFF REPORTS AND HANDOUTS- Staff reports and other disclosable public records related to open session agenda items are available at Arvin Union School District, 737 Bear Mountain Boulevard,Arvin,CA 93203 during regular business hours. CIVIL BEHAVIOR The Board understands that the First Amendment provides strong protection for speech. However,the Board expects that all speech and expression will comport with norms of civil behavior on district grounds, in district facilities, during district activities or events, and in the use of district electronic/digital systems and platforms. CONDUCT IN THE SCHOOL DISTRICT BOARD ROOM: Rules of Decorum for the Public: Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of loud,threatening or abusive language,clapping,whistling, and stamping of feet or other acts which disturb, disrupt, impede or otherwise render the orderly conduct of the Board meeting infeasible. A member of the audience engaging in any such conduct shall, at the discretion of the Board President or a majority of the Board, be subject to ejection from the meeting per Gov. Code Sect. 54954.3(c). REMOVAL FROM THE SCHOOL DISTRICT BOARD ROOM: (a)Any person who commits the following acts in respect to a meeting of the Arvin Union School District shall be removed from the Board Room per Gov. Code Sect. 54954.3(c). (b) Disorderly, contemptuous or insolent behavior toward the Board or any member thereof, tending to interrupt the due and orderly course of said meeting; (c) A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting; 1 (d) Disobedience of any lawful order of the Board President,which shall include an order to be seated or to refrain from addressing the Board; and any other unlawful interference with the due and orderly course of said meeting. Individuals who require disability-related accommodations or modifications, including auxiliary aids and services, in order to participate in the Board meeting should contact the Superintendent's Office at least two days before the meeting date. Board Approved July 19,2011 Our Mission: Every Child Learning, Every Day, No Matter What It Takes! Our Vision:The Arvin Union School District focuses on the educational,environmental and emotional needs of our community with a culture of unity and a dedication to student success.We provide equitable educational services to enhance all students'lives preparing for High School and beyond through a system of continuous improvement.We are accountable for financial stability,infrastructure maintenance and developing staff capacity for the achievement of student goals with a common direction produced through Trust,Transparency and Teamwork. EQUITY STATEMENT The Governing Board commits to provide an environment free from bias and discrimination and that protects students, staff,and stakeholders from physical and emotional harm.The Board commits to ensuring that all stakeholders uphold educational equity as an essential principle within our school system to be integrated into all policies, practices,operations,and processes in order to yield equitable educational outcomes for all students. Any materials required by law to be made available to the public prior to a meeting of the Board of Trustees of the District can be inspected at the Arvin Union School District Office, 737 Bear Mountain Boulevard,Arvin,CA 93203 during normal business hours. Please complete the"Request to Address the Board"form and provide it to the District's Administrative Secretary prior to the Board's"Adoption of the Agenda". Attendees Voting Members Monica Reyes, Board President Geri Rivera, Board of Trustee Toni Pichardo, Board of Trustee Liliana Nunez, Board Clerk 1.CALLED TO ORDER July 19, 2022 Regular Board Meeting called to order at 6:03pm 2.NOTICE OF TELEVISING - ENGLISH 3.AVISO DE TELEVISION -SPANISH 2 4.ADDRESSING THE BOARD 5. BOARD MEMBERS Monica Reyes, Board President Liliana Nunez, Board Clerk Toni Pichardo, Board Member Geri Rivera, Board Member Wendy Gonzalez, Board Member-Absent 6.STAFF PRESENT Mrs. Georgia Rhett, Superintendent Mrs. Emma Pereida-Martinez,Assistant Superintendent Mr. Chris Davis, Chief Business Official Ms. Geneva Banks,Administrative Secretary Ms. Maribel Samaniego,Community Liaison Mrs. Hilda Ocampo, El Camino Real Vice Principal 7.GUESTS Guests present in-person: Nansy Moran,Amalia Ojeda,Juana Montoya. Guests present via zoom: Georgia Rhett, Geri Rivera, marbmoreno, Hilda Ocampo, AUSD Boardroom,Sonia Olivo, Emma Pereida-Martinez. 8. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mrs.Amalia Ojeda 9. DISTRICT MISSION The District Mission was read by Mrs. Amalia Ojeda 10. EQUITY STATEMENT The Equity Statement was read by Mrs. Monica Reyes 11.WELCOME 12.ADOPTION OF AGENDA Approval of the agenda of the Regular Board Meeting of the Board of Trustees for Tuesday,July 19, 2022 at 6:00pm. Motion made by: Toni Pichardo Motion seconded by:Geri Rivera Voting. Monica Reyes -Yes Geri Rivera -Yes Toni Pichardo-Yes Liliana Nunez-Yes 13.COMMUNICATIONS FROM THE PUBLIC 3 No Comments 14.APPROVAL OF MINUTES 1.Board Minutes Approval of Minutes for the Regular Board Meeting June 28,2022. Motion made by: Liliana Nunez Motion seconded by:Geri Rivera Voting. Monica Reyes-Yes Geri Rivera -Yes Toni Pichardo -Yes Liliana Nunez-Yes 15. REPORTS FROM SUPERINTENDENT,ASSISTANT SUPERINTENDENT,STAFF AND BOARD MEMBERS 1.Superintendent Mrs. Rhett reported on the following: • Fresh Fruit&Vegetable Grant • Welcome Back Events and Plans for Professional Development 2.Assistant Superintendent Mrs. Pereida-Martinez reported on the following: • Dual Conference • Williams Settlement- Mis-Assignments/SARC Update 3.Board Members No Reports 16. PERSONNEL ADMINISTRATION 1.CERTIFICATED 1. Provisional Internship Permit-Gabriela Moreno Approval of the Submission of Application for a Provisional Internship Permit to Commission on Teacher Credentialing on behalf of Gabriela Moreno, Mild/Moderate & Moderate/Severe Disabilities Teacher. Motion made by Toni Pichardo Motion seconded by:Geri Rivera Voting: Monica Reyes -Yes Geri Rivera -Yes Toni Pichardo -Yes Liliana Nunez-Yes 4 2.Variable Term Waiver Request-Monica Marquez Approval of the Variable Term Waiver Request to the Commission on Teacher Credentialing on behalf of Monica Marquez, Bilingual, Crosscultural, Language and Academic Development Certificate. Motion made by- Monica Reyes Motion seconded by:Geri Rivera Voting: Monica Reyes -Yes Geri Rivera -Yes Toni Pichardo -Yes Liliana Nunez-Yes 2.CLASSIFIED 1.CSEA Sunshine Proposal to the District Presentation of the 2022/2023 reopener initial proposal (sunshine)for July 1,2021 -June 30, 2024 from the California School Employees Association (CSEA)and its Arvin Chapter 164 to the Arvin Union District. (No Action Necessary) This is a presentation from the classified union to the Board. No action is necessary.At a subsequent meeting there will be an item allowing for public comment on the proposal. 2. District Sunshine Proposal to CSEA Presentation of the 2022/2023 reopener initial proposal (sunshine)for July 1,2021 - June 30, 2024 from the Arvin Union District to California School Employees Association (CSEA)and its Arvin Chapter 164. (No Action Necessary) This is a presentation from the Board to the classified union. No action is necessary.At a subsequent meeting there will be an item allowing for public comment on the proposal. 17.CONSENT CALENDAR It is recommended that the Board approve the following consent items. The following was announced at the meeting: Certificated Sierra Vista Elementary Multiple Subject Teacher Dual Immersion Kindergarten -Spanish Monica Marquez Motion made by-Toni Pichardo Motion seconded by;Geri Rivera Voting- Monica Reyes-Yes Geri Rivera - Yes Toni Pichardo-Yes Liliana Nunez-Yes 5 1.RATIFICATION OF EXPENDITURES 1. Payroll Report 2. Purchase Order Board Report 3. Prelist Report 2.PERSONNEL 1.Certificated Vacancies 2.Classified Vacancies 3.Resignations, Retirements&Change of Positions 3.AGREEMENTS 1.Agreements 4.ANNUAL RENEWALS 1.2022/2023 Bus Routes 2.Seamless Summer 5. INTERDISTRICT REQUESTS 1.Childcare 2. Parent Employment 6.QUARTERLY REPORTS 1.Quarterly Report on Williams Uniform Complaint 18.EDUCATION ADMINISTRATION 1. 2022/2023 Retention Criteria Approval of the Arvin Union School District criteria for students at risk of not meeting grade level standards, identified students at risk and/or at risk of retention. Motion made by. Geri Rivera Motion seconded by: Liliana Nunez Voting. Monica Reyes-Yes Geri Rivera -Yes Toni Pichardo -Yes Liliana Nunez-Yes 6 2.Uniform Complaint Procedures(UCP) Approval of the Uniform Complaint Procedures(UCP)Policies and Procedures. Motion made by:Toni Pichardo Motion seconded by• Geri Rivera Votine: Monica Reyes -Yes Geri Rivera -Yes Toni Pichardo - Yes Liliana Nunez-Yes 3.Williams Complaint Policies and Procedures Approval of the Williams Complaint Policies and Procedures. Motion made by: Monica Reyes Motion seconded by:Toni Pichardo Voting. Monica Reyes -Yes Geri Rivera - Yes Toni Pichardo-Yes Liliana Nunez-Yes 19.GENERAL ADMINISTRATION 1. Bond Oversight Committee Member-Senior Citizen's Organiation Approval of Ruth Harris as a Bond Oversight Committee Member (Senior Citizen's Organization) effective July 20,2022. Motion made by: Geri Rivera Motion seconded by Monica Reyes Voting. Monica Reyes -Yes Geri Rivera -Yes Toni Pichardo -Yes Liliana Nunez-Yes 2.Galassos Bakery Approval of the bid award to Galassos Bakery for the 2022/2023 bread products for the Arvin Union School District. Motion made by:Toni Pichardo Motion seconded by Geri Rivera Voting: Monica Reyes -Yes Geri Rivera -Yes Toni Pichardo -Yes Liliana Nunez- Yes 3.Gold Star Approval of the bid award to Gold Star for the 2022/2023 produce products for the Arvin Union 7 School District. Motion made by Liliana Nunez Motion seconded by Monica Reyes Voting. Monica Reyes - Yes Geri Rivera -Yes Toni Pichardo -Yes Liliana Nunez-Yes 4. Producer's Dairy Approval of the bid award to Producer's Dairy for the 2022/2023 milk products for the Arvin Union School District. Motion made by:Toni Pichardo Motion seconded by: Liliana Nunez Voting- Monica Reyes-Yes Geri Rivera- Yes Toni Pichardo -Yes Liliana Nunez-Yes 5. Boys&Girls Club(ELOP) Approval of the Independent Contractor Agreement for Special Services between the Arvin Union School District and the Boys and Girls Club of Kern County to provide program services for Sierra Vista Elementary, Bear Mountain Elementary and El Camino Real Elementary students to include literacy and educational activities. Agreement effective August 1, 2022 not to exceed $117,507.00 for the 2022/2023 school year. Funding: ELOP Motion made by:Geri Rivera Motion seconded by:Monica Reyes Voting: Monica Reyes- Yes Geri Rivera-Yes Toni Pichardo -Yes Liliana Nunez-Yes 6.KCSOS Approval of the consultant agreement with Kern County Superintendent of Schools for EL students as productive mathematical thinkers.Total cost$3,160.84. Funding: LCAP Goal 4 Action 1 Motion made by: Geri Rivera Motion seconded by Toni Pichardo Voting Monica Reyes-Yes Geri Rivera-Yes Toni Pichardo -Yes Liliana Nunez-Yes 7.School Innovations&Achievement Approval of the Behavior Alert Agreement between School Innovations & Achievement and Arvin 8 Union School District to retain services for the preparation and distribution of teacher notifications required by Code Section 49079. Term of agreement July 1, 2022 - June 30, 2023. Total cost $6,000. Funding:General Fund Motion made by:Toni Pichardo Motion seconded by Geri Rivera Voting. Monica Reyes -Yes Geri Rivera -Yes Toni Pichardo-Yes Liliana Nunez-Yes 8.Independent Study Approval of independent study program overview and written agreement. Motion made by Monica Reyes Motion seconded by:Liliana Nunez Voting. Monica Reyes -Yes Geri Rivera - Yes Toni Pichardo -Yes Liliana Nunez- Yes 9.Safe Return to School Plan Approval of the Safe Return to School Plan and the COVID Prevention Plan . Motion made by Geri Rivera Motion seconded by:Toni Pichardo Voting: Monica Reyes -Yes Geri Rivera -Yes Toni Pichardo -Yes Liliana Nunez-Yes 10. First Reading CSBA Board Policies First Reading of the following Board Policies,Administrative Regulations, Exhibits and Board Bylaws. BP=Board Policy AR=Administrative Regulation E=Exhibits BB=Board Bylaws(No Action Necessary) Revised Policies-June 2022 BP/E(1)0420.41 Charter School Oversight E(1)1113 District and School Web Sites AR/E(2)1312.4 Williams Uniform Complaint Procedures BP3110 Transfer of Funds AR/E(1)3517 Facilities Inspection BP/AR3523 Electronic Signatures BP/AR3550 Food Service/Child Nutrition Program BP/AR3551 Food Service Operations/Cafeteria Fund BP/AR3553 Free and Reduced Price Meals AR4112.2 Certification AR4161.8 Family Care and Medical Leave 9 AR4261.8 Family Care and Medical Leave AR4361.8 Family Care and Medical Leave AR6173.1 Education for Foster Youth 11.Transportation Policy Approval of the modification to Administrative Regulation 3541 - Transportation Routes and Services,to be revisited at a later date pending the continued impact of COVID. Motion made by Geri Rivera Motion seconded by:Toni Pichardo Voting: Monica Reyes -Yes Geri Rivera - Yes Toni Pichardo-Yes Liliana Nunez -Yes 20. BUSINESS ADMINISTRATION 1. Bid 2022-23-001 Approval of the bid results for bid 2022-23-001 Campus Modernization and select TLS Choice LLC as the winning bidder. Motion made by:Geri Rivera Motion seconded by: Monica Reyes Voting- Monica Reyes -Yes Geri Rivera -Yes Toni Pichardo - Yes Liliana Nunez-Yes 2.Linger,Peterson&Shrum -Annual Contract Approval of the audit proposal from Linger, Peterson & Shrum. Audits will cover the fiscal year ending June 30, 2022.The audits will include the financial statements of the governmental activities, the business-type activities (if applicable), the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information, including the disclosures, which collectively comprise the basic financial statements of the Arvin Union School District as of and for the year ended June 30,2022. Motion made by Toni Pichardo Motion seconded by:Geri Rivera Voting- Monica Reyes -Yes Geri Rivera -Yes Toni Pichardo-Yes Liliana Nunez-Yes 21. BOARD MEMBER REPORTS/FUTURE AGENDA No Reports 22.ADJOURNMENT 10 The meeting was adjourned at 6:31pm Motion made by.Toni Pichardo Motion seconded by:Geri Rivera Voting- Monica Reyes-Yes Geri Rivera -Yes Toni Pichardo -Yes Liliana Nunez-Yes 23. NEXT BOARD MEETING The next regular meeting of the Board of Education will be Tuesday,August 16,2022 at 6:00pm. 11 ARVIN UNION SCHOOL DISTRICT Purchasing Department 737 Bear Mountain Boulevard Arvin, CA 93203 DATE: June 23,2022 SUBJECT BID NO.2022-23-001 FOR: Campus Modernization Bid Opening Date:July 7,2022 Time:1:30pm Please bid your lowest prices for the items or services on the attached sheets. Before bidding, please read the Instructions and Conditions and Specifications which are attached. Submit all bids in a sealed envelope showing the Bid Number,opening date,and opening time. Bid must reach the Purchasing Office at the address listed below by the time and date shown above. If further information is desired call the Business Office at(661)854-6500. The undersigned hereby proposes and agrees to furnish and deliver the goods or services as quoted in accordance with the terms,conditions,specifications,and prices herein quoted. FIRM NAME: TLS Choice LL SIGNED BY: (Manual site-unsigned bids will be rejected) TITLE: Brooks Berry, Manager DATE: July 7, 2022 ADDRESS: 1800 E. McFadden Ave.,Suite 2 Santa Ana,CA 92705 PHONE NO.:( 714 ) 462-2955 FAX NO.: ( 714 ) 660-7604 NOTE: BIDS SUBMITTED BY FAX ARE NOT ACCEPTABLE. Please note: Purchases from this may be reimbursable by the State of California. Please follow the DVBE guidelines addressed in this document. Failure to do so will result in disqualification! This form is to be submitted with your bid. 5 Unit Cost Schedule Product Description Quantity Price Unit of Measurement Interlocking Carpet Tile 1 $44.93 SF WXGA DLP Projector,1280x800,3,600 Lumens,Network Capable 1 $899.00 EA LED Wall Mounted Fixture 1 $145.38 EA 2x2 Static,3100 Lumens,22w 1 $133.27 EA Thermostat-RGB Backlit,Programmable 1 $284.29 EA ViewBoard Bundle w/4K Interactive Display,Wireless AC Adapter and Mobile Trolly Cart 1 $3,283.00 EA Soft Seating,Cushions w/Caddy 1 $2,100.00 EA Student Desk,Adjustable or Fixed Height,Laminate Top,Rectangle,w/or w/o Castors 1 $595.00 EA Student Chair,12",4 Leg,Polypropylene Shell w/Glides 1 $138.00 EA Teacher Desk,Single Pedestal or Mobile Pedestal for Storage,24"x60-72"w,Laminate Top 1 $2,500.00 EA Ovation Swivel Stool,Adjustable Legs 18-24"Height 1 $542.00 EA Reading Pod-5-Pod Configuration 1 $39,495.00 EA Prefinished Wood Door 1 $1,162.84 EA Hollow Metal Door 1 $1,249.22 EA Aluminum Door Frame 1 $415.30 EA Door Hardware 1 $157.82 EA EZH2O Bottle Filling Station and Single Cooler,Filtered,BGPH,SS 1 ;4,346.00 EA Honeywell AHU Advanced:Air Handling Unit 5-10hp VAV AHU 1 $32,307.69 EA Honeywell CCTV Camera System(Per Camera)4K 408MP Mini Dome/Bullet Indoor/Outdoor Camera 1 ;6,153.85 EA Daktronics Interactive LCD Video Wall,2x2 1 ;10,714.29 EA Rival 52"Rear Discharge Zero Turn Mower 4-4.5 Hrs.Continuous(lea.14.5kw Battery) 1 $31,914.00 EA Aluminum Grass Catcher 1 $956.00 EA Modular Series 211-1 Playground Equipment 1 $12,385.08 EA Modular Series 211-2 Playground Equipment 1 $27,785.53 EA Modular Series 211-3 Playground Equipment 1 $35,575.06 EA Modular Series 211-4 Playground Equipment 1 $52,522.27 EA Modular Series 212-1 Playground Equipment 1 $82,518.33 EA Modular Series 212-2 Playground Equipment 1 $102,068.Od EA • Modular Series 212-3 Playground Equipment 1 ;117,124.14 EA Synthetic turf seam tape. 1 $79.00 EA Brockplay 1 $3.40 SF StGamechanger(Green) 1 $2.88 SF St Gamechanger(Color) 1 $3.21 SF SYNTHETIC TURF ADHESIVE-5GAL 1 $341.07 EA Rubber Playground Surfacing 1 $42.00 SF Picket Rail Fencing 1 $150.50 IF Picket Rail Fencing-Single Gate 1 $506.67 !F Picket Rail Fencing-Double Gate 1 $547.83 Il Picket Rail Fencing-Double Sliding Gate 1 $714.50 IF DSA-PC Hip Canopy-20X10 1 $10,500.16 EA DSA-PC Hip Canopy-20X20 1 $12,677.27 EA DSA-PC Hip Canopy-30X20 1 $16,858.06 EA DSA-PC Hip Canopy-40X20 1 $22,580.18 EA DSA-PC Hip Canopy-30X30 1 $23,928.82 EA DSA-PC Hip Canopy-40X30 - 1 ;27,839.90 EA DSA-PC Metal Shade Structure 1 $282.90 SF DSA-PC Shade Structure Cage Footing System 1 $835.44 SF 2K Epoxy 1 $72.04 EA Moisture Mitigating Primer 1 $87.49 EA Low-Yellowing Epoxy 1 $80.62 EA Epoxy Resurface for Concrete 1 $77.19 EA Flexible Epoxy 1 $77.19 EA Mastic Epoxy 1 $92.45 EA Novolac 1 $145.81 EA Water-Borne Epoxy Primer 1 $55.30 EA Polyaspartic 1 $162.95EA Wall-Gard/Floor Gard HD 3 EA Wall-Gard/Floor Gard HD-Satin 1 $111. 1 $118.3636 FA Neocrete SL 1 $152.95 EA Neocrete RT Neocrete Trowel 1 195.81 EA $ HardieBacker 1/4 in.x 4 ft.x 8 ft.Cement Backerboard 1 1 $0.96 96 SF Drywall Sheet-5/8" 1 $19.60 SF Drywall Sheet-3/4" 1 $19.96 SF R-15 Wall Insulation 1 $2.52 SF l Green Board 1 $3.10 SF Ceiling Tile 2X2 1 $2.74 SF Ceiling Tile 2X4 1 $2.99 SF Ceiling T Bar Grid System 1 8.82 SF Laminate Countertop 1 $19.06 SF 12 • Custom Counter Top 1 $39.00 SF CUUBE 100 Series 1 $429.96 SF CUUBE 36 Series-Single 1 $390.87 SF CUUBE 36 Series-Duplex 1 $586.29 SF CUUBE 60 Series 1 $429.96 SF • CUUBE XSeries 1 $1,097.12 SF Commercial Grade Primer 1 $0.50 SF Commercial Grade Satin Finish Paint 1 $0.57 SF • Commercial Grade Eggshell Finish Paint 1 $0.50 SF Commercial Grade Flat Finish Paint 1 $0.41 SF • Commercial Grade Semi-Gloss Finish Paint 1 $0.68 SF Commercial Grade Gloss Finish Paint 1 $0.76 SF LVT 5MM Walk Off Matt 1 $5.51 SF 4"Wall Base 1 $8.65 SF 6"Wall Base 1 $2.65 SF $ Carpet Reducer 1 1 $1.98 SF $1.98 lF Carpet Adhesive 1 $54.00 ea Omnisport Sports Floor 1 $7.58 SF Moisture Barrier 1 $1.92 SF Omnisport Adhesive 1 $62.00 Ea Vented Cove Base 1 $13.00 IF Floor Sleeves with Cover 1 $285.00 EA Slurry Seal 1 $1.37 SF Exterior Striping 1 $137 tF Remove and Replace Asphalt up to 3" 1 $7.34 SF Surface Applied Truncated Dome Pad 1 $22.00 SF Wheel Stop 1 $57.65 EA Elements Conversions Storage 20' 1 $24,598.93 EA Elements Conversions Work Space 20 1 $38,502.67 EA Elements Conversions Storage 40 1 $51,336.90 FA Elements Conversions Work Space 40 1 $64,171.12 EA - Elements Fab 100E 1 $1,040.00 SF Elements Fab 200E 1 ;1,070.77 SF - Elements Fab 300E 1 $1,116.92 SF Elements Fab TX 1 $1,178.46 SF Elements Facilities EF40 1 $963.08 5F • • Elements Facilities EF60 1 $996.85 SF . Elements Facilities EF80 1 $1,040.00 SF Elements Facilities EFTI( 1 $1,101.54 SF Color Retop 7MM 1 $78.60 St Black 10MM 1 $83.78 SY Color 10MM 1 $157.08 SY Black 13MM Color 13MM 1 $102.27 SY 1 $192.25 SY Black 15MM 1 $124.35 SY Color 15MM 1 $211.06 SY Class 2 Road Base 1 $152.16 TN Decomposed Granite 1 $127.62 TN Composite Header Board 1 $3.11 IF Composite Bender Board 1 $1.63 IF FastSet Concrete Mix $34.46 BG Quickrete 5000 High Early Strength Concrete Cement Color-Liquid 1 $9 BG $9.707 0 BG Self LevelingUnderlayment 1 $81.26 BG Concrete Acrylic Fortifier 1 $13.44 BX Conc,ete Bonding Adhesive 1 $12.26 BX • Galaxy Outdoor Electronic Message Center 60x175 1 $22,283.12 EA Galaxy Outdoor Electronic Message Center 108x288 1 $30,622.07 EA Message Center Uprights 1 $2,976.78 Stacked Performance Motivate Rolls 1 1 $ 0.74 SEF Stacked Performance Rally Rolls 1 $11.75 SF Stacked Performance Rally Tiles 1 $13.64 SF • Stacked Performance Beast Rolls 1 $12.25 SF Stacked Performance Monster Rolls 1 $16.85 SF • • Elevate Bounce 2 Rolls 1 $8.18 SF Elevate Roster Interlocking Tiles 1 $8.49 SF Sand Infill 1 $0.49 lb Urethane Binder-Aliphatic 1 Urethane Binder-Aromatic ;1 EA 1 47.25 7.25 Buffings 40/50 $ 1 $0.57 EA LB Binder-5 1 $3.02 IS Binder-11 1 $3.21 LB Sundries 1 $654.48 EA 13 Ideation Wall 1 ;33.59 SF Tack Panel 1 $6.71 SF Motorized Telescoping Gym Bleacher System 1 $314,439.5 i EA Single Pod Booth-Swing Door 1 $11,642.88 EA Double Pod Booth-2 Slider Door 1 $12,594.46 EA Double Pod Booth-Double Swing Door 1 $14,329.70 EA Triple Pod Booth-3 Slider Door 1 $14,833.48 EA Wood Resheeting } $4.38 EA DSA Hip Canopy-Fabric 1 $1.04 EA Distraction Marker 1 $55.83 EA Security Film 1 $55.83 EA Floor Decals 1 $83.76 EA Window Film Tinting 1 $33.50 EA 800 KW Diesel Standby Generator 1 ;180.696.44 EA 900 KW Diesel Standby Generator 1 ;237,842.75 EA 1000 KW Diesel Standby Generator 1 $233,066.3' EA AIRSYS-Wall Pack Unit-CV60H3B-CWAXX-R33 1 $11,500.19 EA AIRSYS-Wall Pack Unit-CV60N3B-BWACX-X33 1 $13,183.65 EA AIRSYS-Wall Pack Unit-CV60N3B-BWAXX-X33 1 $12,131.11 EA Store-Front Window System 1 $203.33 SF Granule Modified Bitumen Roofing 1 $60.44 SY Smooth Modified Bitumen Roofing 1 60.44 SY Granule Modified Bitumen Peel-N-Stick 1 $62.14 SY Smooth Modified Bitumen Peel-N-Stick 1 $53.73 SY TPO Single Ply Roofing 1 $40.30 SY EPDM Roofing 1 $60.44 SY PVC Roofing 1 $20.14 SF Silicone Roof Covering 1 $31.91 SF Roof Sealant 1 $21.13 SF Bollards 1 $642.86 EA Grout 1 ;342.86 IF CMU Block 1 $50.00 EA Reber 1 6.79 EA Custom Signage 1 245.43 SF Barricade 1 $105.71 IF Hand Rail 1 $142.86 IF Hot Dip Galvanization 1 $4.29 LB 4-1/2"Wall Base 1 $1.66 LF Toilet Partitions 1 $359.06 LF Ready Mix Concrete 1 $217.61 CY Up to 1/4"Self Leveling 1 $1.82 SF Anti Fracture Membrane-Roll On Membrane 1 $0.64 SF Anti Fracture Membrane-With Fabric or Sheeting 1 $2.73 SF Waterproofing-Roll On Membrane 1 $1.36 SF Waterproofing-With Fabric or Sheeting 1 $3.18 SF Deck Mud(1"-1.5") 1 0.91 SF Deck Mud(1.5"-2.5") 1 $1.45 SF Porcelain Panels for the Flooring-39"x 118" 1 $40.00 SF Porcelain Panels for the Walls-39"x 118" 1 $45.45 SF Durrodc Sheet 1 $0.91 SF Epoxy Grout 1 $2.73 SF Sealer 1 $0.05 SF Floor Protection 1 $0.45 SF Thinset 1 $0.82 SF Sanded or Unsanded Grout 1 $0.40 SF Up to 3x3 Mosaic Floor Tile $27.27 EA , Up to 3x3 Mosaic Patter Floor file $3636 EA Up to 3x3 Mosaic Mural Floor Tile 1 $45.45 EA Up to 3x3 Mosaic Boarder Floor Tile 1 $21.82 EA Up to 3x3 Mosaic Base Floor file 1 $18.18 EA Up to 6x6 Quarry Floor Tile 1 $16.36 EA Up to 8x8 Quarry Floor file 1 $1636 EA Up to 12x12 Ceramic Floor Tile 1 $9.09 EA Up to 12x12 Tight Joint Stone Floor Tile 1 $14.55 EA Up to 12x12 Flame Finish Stone Floor Tile 1 $14.55 EA Up to 18x18 Ceramic Floor Tile 1 $12.73 EA Up to 20x20 Tight Joint Stone Floor Tile 1 $21.82 EA Up to 3x3 Mosaic Interior Wall Tile 1 $10.91 EA Up to 3x3 Mosaic 4'Wainscot Wall Tile 1 $9.09 SD Up to 4x4 Ceramic Wall Tile 1 $5.45 SF Up to 4x4 Patterned Ceramic Wall file 1 $10.91 EA ' Up to 4x4 Ceramic 4'Wainscot Wall Tile 1 $5.45 SF Lip to 4x4 Ceramic Pattern Wall Tile 1 $10.91 EA 14 Up to 4x4 Ceramic Pattern Wainscot Wall Tile 1 $9.09 EA Up to 4x4 Tight Joint Stone Wall Tile 1 $9.D9 EA Up to 6x6 Ceramic Wall Tile 1 $10.91 EA Up to 6x6 Ceramic 4'Wainscot Wall Tile 1 $10.91 SF Up to 6x6 Patterned Ceramic Wall Tile 1 $10.91 EA Up to 6x6 Patterned Ceramic 4"Wainscot Wall Tile 1 ;10.91 EA Up to 6x6 Tight Joint Stone Wall Tile 1 $18.18 EA Up to 6x6'light Joint Stone Wall Tile 1 $18.18 EA Up to 12x12 Ceramic Wall Tile 1 ;10.91 FA Up to 12x12 Ceramic 4' 1 $9.09 SF Up to 12x12 Tight Joint Stone Wall Tile 1 $18.18 EA Up to 18x18 Ceramic Wall Tile 1 $9.09 SF Up to18x18Tiight Joint Stone Wall Tile 1 $18.18 SF Carpenter 1 $128.25 HRS Laborer 1 88.79HAS 1 Operating Engineer♦ $128.25 HAS 1 Cement Mason $;128.25 HAS Building/Construction Inspector and Field Soils and Material Tester 1 $128.25 HAS MEP Laborer 1 $152.79 HRS Project Design/Development Services 1 $114.39 HAS Preconstruction Development Services 1 $114.39 HRS Project Supervisor 1 $128.25 HAS Equipment Rental 1 $583.33 DY Special Equipment Service 1 $1,973.19 EA• Temporary Fencing 1 $21.43 LF Temporary Sanitary Rental 1 $928.57 DY Material Off Loading 1 $3 480 00 EA Material Handling 1 $57 Site Protection 1 SA Material Crating 1 $ SF 1 $1,2020 0.00 EA Site Preparation 1 $4.73 SF Removal of Existing Recycling 1 $8 SF 7 1 85.71 TN Disposal 1 $1,071.43 TN • • • 15 Supplier List Bidder to provide the pricing catalog for the following specified suppliers,or equal to these suppliers, if requested by the District: Elements Kevin Mack,Administrator D:855-495-5105 Kevin.Mack@ElementsCatalog.com Mean Green Mowers Scott Lent, Regional Development Manager C:818-825-8899 Scott.Lent@DRPower.com GonLED Justin Swedlow D:855-234-4LED ext.302 Justin@GonLED.com Daktronics Brett Robinson, No.California Field Sales C:510-579-4431 Brett.Robinson@daktronics.com Honeywell Alie Simmons D:804-332-0614 A.R.Simmons@xtralis.com HD Supply-White Cap https://www.whitecap.com/help-center/request-a-quote/ 16 MEW July 7, 2022 Arvin Union School District Business Services 737 Bear Mountain Blvd. Arvin, CA 93203 Re: Bid No. 2022-23-001, Campus Modernization Business Services, All specifications are available to view within the provided bid catalog website: Bidcatalogs.com/arvinusd Password: ArvinUSD22-23 Feel free to reach out with any questions. Regards, Brooks Berry, Manager 1800 E.McFadden Ave.,Suite 2,Santa Ana,CA 92705 Phone:714-462-2955 Fax:714-660-7604 Email:info@TLSchoice.com Web:www.TLSchoice.com July 7, 2022 Arvin Union School District Business Services 737 Bear Mountain Blvd. Arvin, CA 93203 Re: Bid No. 2022-23-001, Campus Modernization Business Services, Please use the following website to access the link to our catalogs that we have utilized for the above referenced bid: Bidcatalogs.com/arvinusd Password: ArvinUSD22-23 Feel free to reach out with any questions. Regards Brooks Berry, Manager • 1800 E.McFadden Ave.,Suite 2,Santa Ana,CA 92705 Phone:714-462-2955 Fax:714-660-7604 Email:info@TLSchoice.com Web:www.TLSchoice.com July 7, 2022 Arvin Union School District Business Services 737 Bear Mountain Blvd. Arvin, CA 93203 Re: Bid No. 2022-23-001, Campus Modernization Business Services, Please use the following 24-hour response "hotline" for any emergencies or unforeseen situations that require attention: 855-278-5085 TLS Choice LLC Response Line Feel free to reach out with any questions. Regards, Brooks Berry, Manager 1800 E.McFadden Ave.,Suite 2,Santa Ana,CA 92705 Phone:714-462-2955 Fax:714-660-7604 Email:info@TLSchoice.com Web:www.TLSchoice.com Checklist of Mandatory Bid items (For Contractor's use and reference only.Additional documents may be required so bidders should carefully review all Contract Documents and Bid Documents) o Pre-Bid Clarification Form o Bid Form o Introduction c Bid Instructions and Conditions o Special Instructions and Conditions o Basis of Award Unit Cost Schedule o DVBE Qualification Form o Non-Collusion Declaration o Contractor's Certificate Regarding Drug-Free Workplace o Contractor's Certificate Regarding Alcoholic Beverage and Tobacco-Free Campus Policy o Contractor's Certificate Regarding Workers'Compensation o Supplier List Contractor: TLS Choice LLC Date: July 7, 20 Signature: Printed Name&Title: Brooks Berry, ger 3 This legal notice is to be published on the following dates: FIRST PUBLICATION:June 23,2022 SECOND PUBLICATION:June 29,2022 NOTICE OF BID Notice is hereby given that the Board of Education for the ARVIN UNION SCHOOL DISTRICT,Arvin,California(Kern County),will receive Bid Number 2022-23-001 for the following: Campus Modernization Mandatory pre-bid conference will be on June 30,2022 at 3:00pm at Bear Mountain Elementary School,1501 Hood St.,Arvin, California 93203.Bidders must submit a business card at sign-in. Sealed bids must be delivered to the Arvin Union School District,Business Office,737 Bear Mountain Boulevard, Arvin,California 93203 no later than 1:30pm on July 7,2022. The State Allocation Board(SAB) may make all or part of the funding for this project available and as a result,the contract award must be made in accordance with the SAB participation requirements for Disabled Veteran Business Enterprises(DVBE). A description of these requirements and the DVBE forms,which must be turned in with the bid,are contained in the project specifications. Companies interested in bidding should request appropriate bid documents from the Business Office,(661)854- 6500. The Board of Education reserves the right to reject any and all bids. No bidder may withdraw their bid for a period of sixty(60)days after the date set for the opening of bids. Refer to the formal bid documents and specifications for additional information,terms,and conditions. 2 PRE-BID CLARIFICATION FORM (For Contractor's Use) PROJECT NAME: Campus Modernization PROJECT NUMBER: 2022-23-001 TO: EMAIL: DATE: FROM: EMAIL: DOCUMENT/DIVISION DRAWING NUMBER: NUMBER: REQUESTED CLARIFICATION: � r RESPONSE TO CLARIFICATION: Attach additional numbered sheets as necessary; however,only one(1)request shall be contained on each submitted form. 4 INTRODUCTION GENERAL INFORMATION To allow for maximum flexibility in the selection of products that meet the diverse requirements throughout the sponsoring California public school districts, Community College Districts, and public corporation or agencies, including any county, city, town, public corporation or agency within the State of California, bidders are requested that if they provide a catalog of products, to list a percentage discount on the manufacturer(s) entire product line in addition to the specific model of products that are listed in this bid.This discount will apply to the manufacturer's current and future retail pricing at the time orders are placed. Awards will be made according to lowest price quoted meeting exact specifications for each line item of the Bid. Where brand names have been used, the technical specification associated with the product is hereby incorporated in its entirety. Awards may be made on an item-by-item basis. Bidders must be either manufacturers or factory authorized distributors for brands they are quoting, and must be able to show proof of same, if required by the sponsoring districts. Successful bidders should supply a complete, current line of price and product literature for each award when requested.When requested it will be the responsibility of each awarded bidder to provide the lead agency(Arvin Union School District-Business Office)or other requesting agencies with updates in pricing, product literature, and delivery information as they become available from the manufacturer(s). EXAMINATION OF BID DOCUMENTS Bidders shall thoroughly examine and be familiar with the specifications. The failure or omission of any bidder to receive or examine any bid document(s), forms, instruments, addendum or other document there existing shall in no wise relieve any bidder from obligations with respect to this bid or to the contract.The submission of a bid shall be taken as prima facie evidence of compliance with this section. Carefully read the Instructions and Conditions section of this bid! Addendum Noted: 1 (List each addendum by number.) RETURN THESE FORMS PLUS THE COMPLETED BID TEMPLATE WITH YOUR BID 6 BID INSTRUCTIONS AND CONDITIONS Arvin Union School District Campus Modernization Bid INSTRUCTIONS AND CONDITIONS-BID NUMBER 2022-23-001 1. PREPARATION OF BIDS Bids must be submitted in ink or typewritten.Both unit price and extension(where applicable)for all line items must be shown where required on the bid form.Signature on bids must be in ink to be considered acceptable. Bid on each item separately. Prices should be stated in units specified hereon. Bidders are requested to submit their pricing the bid forms. 2. ERRORS AND CORRECTIONS No erasures permitted. Mistakes may be crossed out and corrections made adjacent but must be initialed in ink by person signing bid. Verify your bids before submission as they cannot be withdrawn or corrected after being opened or withdrawn specified time period has elapsed. 3. SUBSTITUTIONS AND SAMPLES All items bid must conform to the specifications set forth in these bid documents.The District reserves the right to reject all bids that do not conform to the specifications.When bidding on brands other than those specified,the Bidder must state on the bid the brand,quality, model number,or other trade designation on each item bid other than "as specified".The District requests that samples be provided no later than 48 hours after the opening of the bid.Samples shall be accompanied by the name of the bidder,bid number, bid item number,and cut sheets clearly describing the product.See the attached documents for requirements regarding samples and/or detailed specification sheets.At a minimum, descriptive technical literature fully describing the claimed "or equal" product must be attached to the bid.Suitability and valuation of"equals"rests in the sole discretion of the District.Where samples are requested,they must be furnished free of charge.Samples will be returned at bidder's expense provided a request accompanies the samples and provided further that samples are not destroyed by tests. 4. SALES TAX Do not include California State Sales or Use Taxes in unit prices. This tax will be added and paid for by the District. Do not include or add Federal Excise Tax as the District is exempt. 5. FAILURE TO BID If you do not bid on any line item, please mark"no bid"in the space provided and sign it and return the bid, otherwise your name may be removed from the bidder's list. 6. ACCEPTANCE OF BIDS Awards will be made on a unit and line item basis unless otherwise specified on bid form.The right is reserved to reject any or all bids and to accept or reject any line items thereon and to make any combination of line: item awards. Bids may be rejected on grounds of non-responsiveness or non- responsibility.Bids are subject to acceptance at any time within sixty(60)days after opening of same unless otherwise stipulated. 7. PATENTS,ETC. The vendor shall hold the Arvin Union School District, its officers,agents, servants, and employees harmless and free from liability of any nature or kind on account of use(by publisher,manufacturer,or author)of any copyrighted or non-copyrighted composition,secret process,patented invention,article or appliance furnished or used under this bid. 8. FAILURE TO FULFILL CONTRACT When any contractor or vendor shall fail to deliver any article or service or shall deliver any article or service which does not conform to the specifications,the District may,at its sole discretion,annul and set 7 aside the contract entered into with said vendor or contractor,either in whole or in part,and make and enter into a new contract for the same items in such manner as seems to the Board of Education to be to the best advantage of the Arvin Union School District.Any failure for furnishing such articles or services by reason of the failure of the vendor or contractor,as above stated,shall be a liability against such vendor and his sureties.The Board of Education reserves the right to cancel any articles or services which the successful bidder may be unable to furnish because of economic conditions,governmental regulations or other similar causes beyond the control of the bidder provided satisfactory proof is furnished to the Board of Education, if requested. 9. SIGNATURES All bids must show the firm name and must be signed by a responsible officer or employee fully authorized to bind the organization to the terms and conditions herein. Obligations assumed by such signature must be fulfilled. 10. CANCELLATION FOR INSUFFICIENT OR NON-APPROPRIATED FUNDS The bidder hereby agrees and acknowledges that monies utilized by the District to purchase the items bid is public money appropriated by the State of California or acquired by the District from similar public sources and is subject to variation.The District fully reserves the right to cancel this bid at any time and/or to limit quantities of items due to non-availability or non-appropriation of sufficient funds. 11. REQUIRED DELIVERY DATES(RDD) Actual delivery of the equipment of services shall be coordinated with the District or contractor designated by the District but shall not exceed the required delivery dates(RDD)specified on the bid form for each particular product.The District,as a matter of bid non-responsiveness,shall reject all bids(regardless of price)that fail to indicate ability to deliver the product within the required time.Give careful attention to any Required Delivery Dates(RDD)included in the Specifications or Bid Sheets. Upon award of bid, supplier shall keep sufficient stocks of product and service material to insure prompt delivery and services schedules. There shall be no minimum quantities required in order for the District to place orders for needed items.Bid all items F.O.B.shipping point and specify if freight is a non-taxable or taxable line item as required by the State Board of Equalization,unless otherwise directed by the District. Freight pricing, when provided by the vendor,shall include full-coverage transit insurance. Freight inside delivery (possible multi-story,utilizing elevators) if directed by the District may be shown as an additional cost. Installation,unpacking materials,assembly,and disposal for the packing material are to be shown as additional cost to the requesting district or agency. 12. PAYMENT Prompt payment for equipment may be requested after actual delivery of goods to the required destination as outlined in the REQUIRED DELIVERY DATES(RDD)conditions.Payment for service contracts may be invoiced per the conditions set forth and agreed to in the service agreement. 13. STANDARD COMMERCIAL USE(Products Only) The vendor,whether manufacturer, supplier,distributor or retailer, hereby certifies that the products offered under this bid have been placed in regular commercial use for a period of at least three(3)years and that adequate spare parts exist in the marketplace for the items sold.Submit all requests for deviations to this clause as an"or equal"deviation. 14. HOLD HARMLESS The vendor shall save,defend,hold harmless and indemnify the District against any and all liability,claim, and costs of whatsoever kind and nature for injury to or death of any person and for loss or damage to any property occurring in connection with or in any way incident to or arising out of the occupancy,use, service,operations,or performance under the terms of this contract, resulting in whole or in part from the negligent acts or omissions of vendor, and subcontractor,or any employee,agent,or representative of vendor and/or subcontractor. 8 15. AWARD OF BID Award of this bid shall be made by individual line item or groups of line items to the lowest-priced responsible bidder(for each item or group)who is fully responsive to the terms of this solicitation.A bidder must deliver the items within the required delivery date(RDD)in order to be declared responsive to this bid. The District also reserves the right to make multiple awards or no award at all and further reserves the right to reject any and all bids and to waive any irregularity or discrepancy associated with this bid. 16. WARRANTY/QUALITY The supplier,manufacturer,or his assigned agent shall guarantee the product or service performed against all defects or failures of materials and workmanship for minimum period of one(1)year from the actual delivery date. Where applicable, all merchandise must be warranted to be in compliance with California energy, conservation,environmental,educational,and products liability standards. 17. PRICING-TERM OF CONTRACT Minimum contract term is one (1)year.Quoted prices must stay in effect for six(6) months after award of bid and may be extended upon mutual consent of District and vendor for an additional four(4)one(1) year periods in accordance with provisions contained in the Education Code,Sections 17596(K-12)and 81644(Community Colleges). Price increases may be negotiated subject to existing local market conditions,and as determined by the Los Angeles Producer Price Index(PPI),but may never exceed ten percent(10%). In the event of a general price decrease the District reserves the right to revoke the bid award unless the decrease is passed on to the District. 18. MULTI-YEAR EXTENSIONS Subject to the provisions of Paragraph 17(above),and pursuant to Education Code, Sections 17596 and 81644,this bid may be extended (by mutual consent expressed in writing)for up to(4)additional one(I) year increments(total potential bid life of 5 years from Board of Education award). 19. NO MINIMUM OR MAXIMUM OUANTITIES,ORDER CHARGES,OR LIMITATIONS UPON NUMBER OF ORDERS The District anticipates contract term requirements for the supplies and commodities as listed in the quantities shown on the bid form.The District, however,does not guarantee orders in these amounts nor shall the District be required to limit its orders to only those figures. This is an indefinite-quantity bid. Bidders shall not specify minimum or maximum quantities or charges for specific order types.Unlimited orders within the term of the contract shall be allowed to the awarding district at prices quoted. 20. TECHNOLOGY CLAUSE As technology advances,it is understood that improved or enhanced products may supersede existing products in both price and performance and yet be essentially similar.This request for bids seeks to address the rapid advances in technology by allowing functionally similar or identical products that may be introduced in the future,during the term of this bid,to be included under the general umbrella of compatible product lines and are thus specifically included in this bid document. 21. E-COMMERCE(B2B)CLAUSE • The advent of electronic commerce (E-Commerce) and the development of Business to Business(B2B) internet sites have created certain opportunities for public entities and business.As the originator and author of this bid document,the Arvin Union School District and other sponsoring agencies authorize and encourage qualified firms to list the products represented in the final award of this bid on internet sites, subject to the approval of the awarded vendor. 9 22. PIGGYBACK CLAUSE—CALIFORNIA For the term of the Contract and any mutually agreed extensions pursuant to this request for bids,at the option of the vendor, other school districts and community college districts, any public corporation or agency, including any county, city, town or public corporation or agency within the State of California, may purchase, lease-purchase, or rent the identical item(s) at the same price and upon the same terms and conditions pursuant to sections 201 18(K-12) and 20652 (Community Colleges)of the Public Contract Code. The Arvin Union School District waives its right to require such other districts and offices to draw their warrants in the favor of the District as provided in said Code sections. The successful bidder will provide to Arvin Union School District a contract administrative fee of one (1) percent(1%) of the total invoice amounts of all orders shipped pursuant to the cooperative and utilization agreement. Acceptance or rejection of this clause will not affect the outcome of this bid. Piggyback option granted )_ (Please initial) Piggyback option not granted 23. PIGGYBACK CLAUSE—NEVADA For the term of the Contract and any mutually agreed extensions pursuant to this request for bids, at the option of the vendor, other school districts and community college districts, any public corporation or agency, including any county, city, town or public corporation or agency within the State of Nevada, may purchase, lease-purchase, or rent the identical item(s) at the same price and upon the same terms and conditions pursuant to NRS 332.195 Joinder or mutual use of contracts by governmental entities. The Arvin Union School District waives its right to require such other districts and offices to draw their warrants in the favor of the District. The successful bidder will provide to Arvin Union School District a contract administrative fee of one (1) percent(1%) of the total invoice amounts of all orders shipped pursuant to the cooperative and utilization agreement. Acceptance or rejection of this clause will not affect the outcome of this bid. Piggyback option granted 1-6_ (Please initial) Piggyback option not granted Exclusions(attach additional paoes if neccssarr): N:':1 Specifications and/or bid sheets are attached. Bidder Acknowledgement: � _` i Date: July 7, 2022 Signature 1 RETURN THESE FORMS PLUS THE COMPLETED BID TEMPLATE WITH YOUR BID Please note: Purchases from this may be reimbursable by the State of California.Please follow the DVBE guidelines addressed in this document. Failure to do so will result in disqualification! 10 SPECIAL INSTRUCTIONS & CONDITIONS Excluded from Any Piggyback Contract These instructions are for Arvin Union School District Only. Arvin Union School District Campus Modernization Bid INSTRUCTIONS AND CONDITIONS-BID NUMBER 2022-23-001 This single page portion of bid packet is for Arvin Union School District information only. Information will be utilized to determine bidder compliance,and may be used as part of scoring matrix, but is not part of Item 22 Piggyback Clause—California,nor is it part of Item 23 Piggyback Clause—Nevada. Depending on funding of the product or the product type being purchased by Arvin Union School District, prevailing wage labor rates may apply.The requesting district or agency will need to advise at time of request for confirmation of pricing if prevailing wage rates are required. CALIFORNIA STATE CONTRACTORS LICENSE Bidders should be made aware there are products that may require a California and/or State Contractors License. The license class required includes a B and C10.Contractor License Number must be held by Company bidding. Bidders shall provide the contractor license numbers and classification below at time of bid opening. Contractor License Number 1025607 Classification B&C10 Contractor License Number Classification Contractor License Number Classification Surety Qualification A notarized letter must be submitted with the bid packet from a California-admitted Surety and listed by the U.S.Treasury with a bond capacity of no less than$25 million. Warehouse Requirement Contractor must have adequate warehouse and storage facilities.Warehouse/storage facilities must be insured and bonded.Certification will be required showing that the material held within the warehouse/storage facilities is insured for 100%of its value.Warehouse must also be within a 50-mile radius of Arvin,CA. Emergency Response Contractor must provide a 24-hour response"hotline"for any emergencies or unforeseen situations that require attention.There must be a response to the District within less than 24-hours. RETURN THESE FORMS PLUS THE COMPLETED BID TEMPLATE WITH YOUR BID 11 Disabled Veteran Business Enterprise (DVBE) Participation Statement Each bidder must complete this form in order to comply with the Arvin Union School District("District")policy for participation of disabled veteran business enterprises(School District projects funded in whole or in part by the State of California pursuant to the Leroy F. Greene School Facilities Act of 1998.(Education Code § 17070.10,et seq.) Project Name:Campus Modernization Bid No.:2022-23-001 The undersigned, on behalf of the Contractor named below, certifies that the Contractor has made reasonable efforts to secure participation by DVBE in the Contract to be awarded for the above referenced Bid No.,including participation by DVBE subcontractors and/or material suppliers. Check only one of the following: X The Contractor was unable after reasonable efforts to secure DVBE participation in the Contract for the above referenced Project/Bid No.However,the Contractor will use DVBE services if the opportunity arises at any time during construction of the Project.Upon completion of the Project,the Contractor will report to the District the total dollar amount of DVBE participation in any Contract awarded to the Contractor, and in any change orders,for the above referenced project. u The Contractor has secured DVBE participation in the Contract for the above referenced Project/Bid No. and anticipates that such DVBE participation will equal approximately_ dollars($ ),which represents approximately percent( %)of the total Contract for such Project.Upon completion of the Project,the Contractor will report to the District the actual total dollar amount of DVBE participation in the Contract awarded to the Contractor,and in any change orders, for such Project. Contractor: TLS Choice LLC Name: Brooks Berry Title: Manager Signature: Date: July 7, 2022 17 NON-COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID (Public Contract Code Section 7105) I am the Manager of TLS Choice LLC ,the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,association,organization,or corporation.The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder,or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true.The bidder has not,directly or indirectly, submitted his or her bid price or any breakdown thereof,or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay,any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute,and does execute,this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and that this declaration is executed on the 7th day of July ,2022 . (Signature) Brooks Berry (Printed Name) [ATTACH NOTARY CERTIFICATE} 18 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On July 7, 2022 before me, Sierra Read, Notary Public (insert name and title of the officer) personally appeared Brooks Berry who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �r c.1• n_�` !,till 7, ,`, ¢ A ` .. Signature ' I ice`i/ '✓Y-/`-� ti. (Seal) CONTRACTOR'S CERTIFICATE REGARDING DRUG-FREE WORKPLACE This Drug-Free Workplace Certification form is required from all successful bidders pursuant to the requirements mandated by Government Code section 8350 et seq.,the Drug-Free Workplace Act of 1990. The Drug- Free Workplace Act of 1990 requires that every person or organization awarded a contract or grant for the procurement of any property or service from any State agency must certify that it will provide a drug-free workplace by performing certain specified acts. In addition, the Act provides that each contract or grant awarded by a State agency may be subject to suspension of payments or termination of the contract or grant,and the Contractor or grantee may be subject to debarment from future contracting, if the contracting agency determines that specified acts have occurred. Pursuant to Government Code section 8355, every person or organization awarded a contract or grant from a State agency shall certify that it will provide a drug-free workplace by doing all of the following: 1. Publishing a statement, notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person's or organization's workplace,and specifying actions which will be taken against employees for violations of the prohibition. Establishing a drug-free awareness program to inform employees about all of the following: a. The dangers of drug abuse in the workplace; b. The person's or organization's policy of maintaining a drug-free workplace; c. The availability of drug counseling, rehabilitation and employee-assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations; Requiring that each employee engaged in the performance of the contract or grant be given a copy of the statement required by subdivision (a) and that, as a condition of employment on the contract or grant, the employee agrees to abide by the terms of the statement. I, the undersigned, agree to fulfill the terms and requirements of Government Code section 8355 listed above and will (a) publish a statement notifying employees concerning the prohibition of controlled substance at the workplace, (b)establish a drug-free awareness program, and (c) require each employee engaged in the performance of the contact be given a copy of the statement required by section 8355(a) and require such employee agree to abide by the terms of that statement. I also understand that if Arvin Union School District determines that I have either (a) made a false certification herein, or (b) violated this certification by failing to carry out the requirements of Section 8355, that the contract awarded herein is subject to termination, suspension of payments, or both. I further understand that, should I violate the terms of the Drug-Free Workplace Act of 1990, I may be subject to debarment in accordance with the requirements of Section 8350 et seq. I acknowledge that I am aware of the provisions of Government Code section 8350 et seq. and hereby certify that I will adhere to the requirements of the Drug-Free Workplace Act of 1990 Date:July 7, 2022 Contract :TLSC oic By: Signature Brooks Berry;.,Man*er 19 CONTRACTOR'S CERTIFICATE REGARDING ALCOHOLIC BEVERAGE AND TOBACCO- FREE CAMPUS POLICY The Contractor agrees that it will abide by and implement Arvin Union School District's Alcoholic Beverage and Tobacco-Free Campus Policy, which prohibits the use of alcoholic beverages and tobacco products, of any kind and at any time, on District-owned or leased buildings, on District property and in District vehicles. The Contractor shall procure signs stating "ALCOHOLIC BEVERAGE AND TOBACCO USE IS PROHIBITED" and shall ensure that these signs are prominently displayed in all entrances to school property at all times. Date:July 7, 2022 Contractor:TLS Choice LLC 1_„A— By: Signature Brooks Berry, Mani e 20 CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION FORM Labor Code Section 3700 in relevant part provides: Every employer except the State shall secure the payment of compensation in one or more of the following ways: I. By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. 2. By securing from the Director of Industrial Relations a certificate of consent to self- insure,which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self- insure and to pay any compensation that may become due to employees. 3. For any county, city, city and county, municipal corporation, public district, public agency, or any political subdivision of the state, including each member of a pooling arrangement under a joint exercise of powers agreement (but not the state itself), by securing from the Director of Industrial Relations a certificate of consent to self-insure against workers' compensation claims, which certificate may be given upon furnishing proof satisfactory to the director of ability to administer workers' compensation claims properly, and to pay workers' compensation claims that may become due to its employees. On or before March 31, 1979, a political subdivision of the state which, on December 31, 1978,was uninsured for its liability to pay compensation,shall file a properly completed and executed application for a certificate of consent to self-insure against workers' compensation claims. The certificate shall be issued and be subject to the provisions of Section 3702. I am aware of the provisions of Labor Code Section 3700 which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provision before commencing the performance of the work of this Contract. CONTRACTOR: TLS Choice LLC 123_ (Signature) Brooks Berry, Manager (Print Name and Title) 21 IFIC 1ARCO ��,,,,t„•,,, NATIONAL INSURANCI COMPANY I:%I lusunun•.'tir,Ngl www.ific.com www.iatinsurancegroup.com July 1,2022 Arvin Union School District Attn:Business Office 737 Bear Mountain Blvd. Arvin,CA 93203 Re: TLS Choice LLC—Letter of Bondability To Whom It May Concern: Harco National Insurance Company is the current surety for TLS Choice LLC and has been since June, 2016.Harco National Insurance Company provides surety credit on single projects of $35,000,000 and an aggregate backlog of$65,000,000. Should you select TLS Choice LLC as a contractor, it is our present intention to provide the required performance and payment bonds, subject to our normal underwriting guidelines being met. This includes,but is not limited to a review of contract terms,conditions and bond forms. You understand, of course, that any arrangement for a final bond or bonds is a matter between Harco National Insurance Company and TLS Choice LLC, and Harco National Insurance Company assumes no liability to third parties, or to you,if for any reason they do not execute said bond or bonds. This letter is not an assumption of risk nor is it a bid,performance or labor&material bond, It is issued for reference purposes only at the request of our client. Harco National Insurance Company is a licensed and admitted surety company in the State of California,rated"A-" (Excellent)with a financial size category of XI by AM Best and has a US Treasury Limit of$69,808,000.00 Best Regards, iii Harco Nationa nsurance Company ..___,:__ Christine Hoang�, ey-in-_act 2400 E.Katella Ave.,Suite 250•Anaheim,CA 92806• Phone(714)602 9170 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. STATE OF CALIFORNIA. County of Orange On JUL UL 0 1 202 before me, Irene Luang ,Notary Public, Date Insert Name of Notary eaadly as it appears on the official seal personalty appeared Christine Hoang Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(S.), or the entity upon behalf of which the person(s) • tRfttEtupNG acted,executed the instrument. Notary Public-California r Orange County I certify under PENALTY OF PERJURY under the laws of ' Commission o 2384919 the State of Califorri'. s at the forego',� paragraph is true •o•cn My Comm.Expires Mov 30,2a25 and correct Witness m hand . ial se. Signature Vit � i— Place Notary Seal Above Signature , Notary Public) 1 -ne Luo • OPTIONAL IOW". Though the Information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ individual ❑ Individual Cl Corporate Officer—Title(s): 0 Corporate Officer—Title(s): ❑ Partner El Limited ❑General 0 Partner ❑Limited❑General ❑ Attorney in Fact RIGHT THUfv1E.PRliiT ❑ Attorney in Fact RiGH TH; l,!GP( I'll El Trustee OF SIGNER El Trustee OF OCHER 0 Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top ofthUrro here ❑ Other: ❑ Other. Signer is Representing: Signer is Representing: POWER OF ATTORNEY Bond# NIA HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT insurance Group,Headquartered:4200 Six Forks Rd,Suite 1400,Raleigh,NC 27609 KNOW ALL MEN BY THESE PRESENTS:That HARCO NATIONAL INSURANCE COMPANY,a corporation organized and existing under the laws of the State of Hinds,and INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Jersey,and having their principal offices located respectively in the cities of Rolling Meadows,Illinois and Newark,New Jersey,do hereby constitute and appoint P. AUSTIN NEFF, EMILIE GEORGE, CHRISTINE HOANG, IRENE LUONG,JAMES W. MOILANEN, YUNG T. MULLICK, DANIELLE HANSON Mission Viejo, CA their true and lawful attomey(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and other writings obligatory In the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed,and may be revoked,pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and Is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December,2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December,2018. "RESOLVED, that(1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President,Vice President, or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited In their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances,contracts of indemnity and other written obligations in the nature thereof or related thereto; and(2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians,agents for acceptance of process,and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation;and(3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and Seals when so used whether heretofore or hereafter,being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF,HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December,2021 STATE OF NEW JERSEY i,),,,I.14,„;:i#6( STATE OF ILLINOISCounty of Essex I. E jt .ls County of Cook y Er SEAL) i . . .. Kenneth Chapman '., �ht F..?, e-[� Executive Vice President,Harco.National Insurance Company 'r' ,,.rto '� and International Fidelity Insurance Company On this 31st day of December,2021 ,before me came the individual who executed the preceding instrument,to me personally known,and. being by me duly sworn,said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. iiir11Fr (.�`, •f4 IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal,at the City of Newark, f,.?'v„'+ti New Jersey the day and year first above written. ao M: <.. (/7 <re ri it--$ Shirelle A.Outley a Notary Public of New Jersey I'rru My Commission Expires April 4,2023 CERTIFICATION I,the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney.and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth In said Power of Attorney,with the originals on file In the home office of said companies,and that the same are correct transcripts thereof,and of the whole(Othe said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF,I have hereunto set my hand on this day, July 01,2022 A00964 Multick&Moilanen Bonding&I a),,,,, Irene Martins,Assistant Secretary