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AVI Systems Inc; 2025-06-23;
CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT PD HEADQUARTERS CONFERENCE ROOM NEAT BAR INSTALLATION This contract is made on the ______ dayof ___________ ~ 2025 ("Contract"), by the City of Carlsbad, California, a municipal corporation ("City") and AVI Systems, Inc, a North Dakota stock corporation whose principal place of business is 10070 Willow Creek Road, San Diego, CA ("Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, as contained in the Standard Specifications for Public Works Construction "Greenbook," latest edition and including all errata; Part 1 General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor's proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by Kevin Klicman (City Project Manager). PAYMENT. Project payment shall not exceed $46,609.21. No other compensation will be allowed except for items covered by subsequent amendments (if any) to this Contract. The City shall withhold retention as required by Public Contract Code Section 9203.The Contractor will issue an invoice on a monthly basis for work completed during the preceding month. TIME OF PERFORMANCE. Contractor agrees to start within thirty (30) working days after receipt of Notice to Proceed. Contractor agrees to complete work within thirty (30) working days after receipt of Notice to Proceed. PREVAILING WAGE RATES. Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Contract constitute "public works" under California Labor Code Section 1720 et seq., and are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770, 1773 and 1773.1 of the California Labor Code. Consistent with the requirement of Section 1773.2 of the California Labor code, a current copy of applicable wage rates may be obtained via the internet at:www.dir.ca.gov/dlsr/. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Contract. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which requires keeping accurate payroll records, verifying PD HEADQUARTERS CONF ROOM NEAT BAR INSTALL Page 1 City Attorney Approved 6/5/2024 Docusign Envelope ID: CCBF56D1-E1E4-4BBD-AEA4-7D78E02BCA48 23rd June and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Labor Code Section 1776. DIR REGISTRATION. California Labor Code Section 1725.5 requires the Contractor and any subcontractor or subconsultant performing any public work under this Contract to be currently registered with the California Department of Industrial Relations ('DIR'), as specified in Labor Code Section 1725.5. Labor Code Section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be qualified to engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of public work by any subcontractor or subconsultant under this Contract, Contractor must furnish the City with the subcontractor or subconsultant's current DIR registration number. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATION. Contractor's vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. CALIFORNIA AIR RESOURCES BOARD (CARB) IN-USE OFF-ROAD DIESEL FUELED FLEETS REGULATION. Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. More information about the requirements and Contractor's required certification is provided in Exhibit D. CONSTRUCTION MANAGEMENT SOFTWARE. Procore Project Management and Collaboration System . This project may utilize the Owner's Procore (www.procore.com) on line project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training/ tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification-subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https:ljapps.apple.com/us/a pp/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on -site individual to provide real-time access to current posted drawings, specifications, RFls, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this Contract and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false PD HEADQUARTERS CONF ROOM NEAT BAR INSTALL Page 2 City Attorney Approved 6/5/2024 Docusign Envelope ID: CCBF56D1-E1E4-4BBD-AEA4-7D78E02BCA48 claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five (5) years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. ·��<-s --=--=-==:.__:===------===�-� -?t-:u:: ,P � rt 7-i / Signature: Print Name: REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X''; OR an alien non admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Property Damage Insurance. Insurance in an amount of not less than ........ $2,000,000 Automobile Liability Insurance. Insurance in the amount of $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Additional Insurance Terms. The above policies shall have non-cancellation clauses providing that 30 days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. PD HEADQUARTERS CONF ROOM NEAT BAR INSTALL Page 3 City Attorney Approved 6/5/2024 Docusign Envelope ID: CCBF56D1-E1E4-4BBD-AEA4-7D78E02BCA48 ACCOUNTING RECORDS. Contractor will maintain complete and accurate records with respect to costs incurred under this contract. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Contract. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Contract for a period of three {3) years from the date of final payment under this Contract. INDEMNITY. Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. THIRD PARTY RIGHTS. Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. JURISDICTION AND VENUE. This Agreement shall be interpreted in accordance with the laws of the State of California. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Contract is San Diego County, California. CONTRACTOR'S INFORMATION. AVI Systems, Inc. (name of Contractor) 792548 (Contractor's license number) C7-Low Voltage (license class. and exp. date) 1000036874 -06/30/25 (DIR registration number/exp. date) 10070 Willow Creek Road (street address) San Diego, CA 92131-1623 (city/state/zip) 858-653-4300 (telephone no.) Jake.Cramer@avisystems.com (e-mail address) SUCCESSORS AND ASSIGNS. It is mutually understood and agreed that this Contract will be binding upon City and Contractor and their respective successors. Neither this Contract nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City. PD HEADQUARTERS CONF ROOM NEAT BAR INSTALL Page4 City Attorney Approved 6/5/2024 Docusign Envelope ID: CCBF56D1-E1E4-4BBD-AEA4-7D78E02BCA48 Morgen Fry, Assistant City Clerk AUTHORITY. The individuals executing this Contract and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Contract. CONTRACTOR AVI Systems, Inc. a North Dakota Corporation (sign here) ~.,,cf ~\A :H -~ '17-v p (print :ne/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: IT Director ATTEST: SHERRY FREISINGER, City Clerk By: If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Contract must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM : CINDIE K. McMAHON, City Attorney BY: ___________ _ Deputy City Attorney PD HEADQUARTERS CONF ROOM NEAT BAR INSTALL Page 5 City Attorney Approved 6/5/2024 Docusign Envelope ID: CCBF56D1-E1E4-4BBD-AEA4-7D78E02BCA48 EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each subcontractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each subcontractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a subcontractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Type of Work Business Name and Address DIR Registration No. License No., %of tobe & Expiration Date Classification Total Subcontracted & Expiration Contract Date none Total% Subcontracted: _ __,;o'------ The Contractor must perform no less than 50% of the work with its own forces. PD HEADQUARTERS CONF ROOM NEAT BAR INSTALL Page6 City Attorney Approved 6/5/2024 Docusign Envelope ID: CCBF56D1-E1E4-4BBD-AEA4-7D78E02BCA48 EXHIBIT B PD HEADQUARTERS CONFERENCE ROOM NEAT BAR INSTALLATION A. Summary: Equipment Integration PRO Support Shipping & Handling Tax Grand Total B. Products and Services Details: PRODUCTS: Model# Mfg Description Fire Chief Room 210 OFE OWNER Owner Furnished Display & Wall Mount NEATBAR2-SE NEAT Generation 2 Collaboration Bar designed for Zoom and Microsoft Teams. Up to two screens. Integrated NEATPAD-SE NEAT Neat Pad -Controller or scheduling display. Includes 1 year warrantyZoom: Room Controller or Schedu R9861622USB2 BARCO CX-50 GEN2 set, certified in line with North American wireless requirements & TAA compliant NEATBAR-NEAT Screen Mount Kit VESA For Neat SCREENMOUNTKI Bar and Neat Bar Generation 2; Not T included in NEATBAR2-SE box. CSSLP15X10 CHIEF PROXIMITY,SLIDE LOCKING PLATE,15X10 CG56783 C2G 6ft/1.8M High Speed HDMI Cable w/ Eth CG28859 C2G 6ft USB 2.0 Type C to Standard B CG00728 C2G 6ft/1.8m CAT6A SNAGLESS UTP CABLE-BU< CG00732 C2G 10ft/3m CAT6A SNAGLESS UTP CABLE-BLI< Sub-Total: Fire Chief Room 210 Police Chief Room 209 $30,127.05 $12,602.62 $0.00 $1,497.00 $2,382.54 $46,609.21 Qty Price 1 $0.00 1 $2,853.00 1 $738.00 1 $3,110.00 1 $89.10 1 $160.50 2 $7.33 1 $11.41 2 $9.58 1 $11.27 PD HEADQUARTERS CONF ROOM NEAT BAR INSTALL Page 7 City Attorney Approved 6/5/2024 Extended $0.00 $2,853.00 $738.00 $3,110.00 $89.10 $160.50 $14.66 $11.41 $19.16 $11.27 $7,007.10 Docusign Envelope ID: CCBF56D1-E1E4-4BBD-AEA4-7D78E02BCA48 OFE OWNER Owner I=urn1shed Display & Wall 1 $0.00 $CJO0 Mount NEATBAR2 SE NEAT Generation 2 Collaboration Bar 1 $2,853.00 $2,853.00 designed for Zoom and Microsoft Teams. Up to two screens NFATPAD-SE NEAT Neat Pad Controller or scheduling 1 $738.00 $738 00 display. Includes 1 year warrantyZ00111: Room Controller or Schedu R9861622USB2 B,L\RCO CX-50 GEN2 set, certified in line 1 $3,110.00 $3,110 00 with i\101·th American wireless 1·equireme11ts & TAA compliant NEATBAR NEAT Screen Mount l<it VESA -For Neat 1 $89.10 $89.10 SCREEN MOU NTl<I Ba1· and Neat Bar Generation 2; l\lot I included in NEATBAR2-SE box. CSSLP15X10 CHIEF PROXIMITY,SLIDE LOCl(lf\JG 1 $160.50 $160.50 PI_ATE,15X10 CG56783 C2G 6ft/1.8M High Speed HDMI Cable 2 $7.33 $14.66 w/ Eth CG28859 C2G 6ft USB 2.0 Type C to Standard B 1 $11.41 $11.41 CG00728 C2G 6ft/1.8m CAT6A SNAGLESS UTP 2 $9.58 $19.16 CABLE-BU< CG00732 C2G 10ft/3m CAT6A SNACil .. ESS UTP 1 $1127 $1127 CABLE-BU< Sub-Total: Police Chief Room 209 10 Confer·ence Room 281 OFE OWNER Owne1 Furnished Display 8( Wall 1 $0.00 $0 00 Mount Nf:cATBARPRO-SE NEAT Collaboration Bar desig11ed for 1 $4,527.00 $4,527.00 Zoom and Microsoft Teams. Up to three screens. lnteg1·ated camera, mic NEATPL\D-SE NEAT Neat Pad -Co11troller or scheduling 1 $738.00 $738.00 display. i11cludes 1 year warrantyZoom F(oom Controller or Schedu R9861622USB2 BARCO CX-50 GEN2 set, certified in line 1 $3,110.00 $3,110.00 with No1·th American wireless requirernents & TAA compliant AS3LD CHIEF TEMPO FP WALL MOUNT SYSTEM 1 $674.25 $674 25 CG56783 C2G 6ft/18M High HDMI Cable 2 $7.33 $14 66 w/ Eth CG28859 C2G 6ft USB 2.0 C to Standard B 1 $11.41 $11.41 CG00728 C2G 6ft/18m CAT6A SNJ-\GLESS UTP 2 $9.58 $19.16 CABI_E-BU< CG00732 C2G 10ft/3m CAT6A SNAGLESS UTP 1 Sll.27 $11.27 CABlE-BU< Sub-Total: Conference Room 281 IT Meeting Room 253 OFE OWNER Owner Furnished Display & Wall 1 $0.00 $0 00 Mount PD HEADQUARTERS CONF ROOM NEAT BAR INSTALL Page8 City Attorney Approved 6/5/2024 Docusign Envelope ID: CCBF56D1-E1E4-4BBD-AEA4-7D78E02BCA48 f\JEATBAR2 SE NEAT Generation 2 Collaboration Bai 1 $2,853.00 $2,853.00 designed for Zoom and Microsoft Teams. Up to two screens. Integrated I\JE/HPAD-SE NEAT l\leat Pad Controller m scheduling 1 $738.00 $738.00 display Includes 1 yc0m warrantyZoom: Room C:ontrolle1· or Schedu R9861622USB2 BARCO CX-50 GEN2 set, certified in line 1 $3,110.00 110.00 with North American wireless requi1·ements & TAA compliant NEATBAR-NEAT Scree11 Mount l<it \/ESA -1=or Neat 1 $89.10 $89.10 SCREEN MOU NTl<I Bar and Neat Ba1· C1ene1·ation 2; Not included ill I\IEATBAR2-SE box. CSSLP15X10 CHIEF P l~OXI M ITY,SLI DE LOCl(I NG 1 $160.50 $160.50 PI_ATE,15)(10 CG56783 C2G 6ft/18M High Speed HDMI Cable 2 $7 33 $14.66 w/ Eth CG28859 C2G 6ft USB 2.0 Type C to Standard B 1 $1141 $1141 CG00728 C2G 6ft/18m CAT6A SNAGLESS UTP 2 $9.58 $19 16 CABLE-BLI< CG00732 C2G 10ft/3m C,6.T6A SNAGl_ESS UTP 1 $11.27 $1127 C,i\B LE B LI< Sub-Total: IT Meeting Room 253 $7,007.10 Systems Integration Integration Cables & Connectors $615.38 Eng:neering & Drawings $2,916.96 ProJect Management $3,672.16 In Shop Fabrication $604 20 On Site I nteg1·ation $3,271.68 Testing & Acceptance $1,522.24 Sub-Total: Systems Integration $12,602.62 Total: $42,729.67 Shipping&. Handling $1,497.00 Tax $2,382.54 Grand Total: $46,609.21 PD HEADQUARTERS CONF ROOM NEAT BAR INSTALL Page9 City Attorney Approved 6/5/2024 Docusign Envelope ID: CCBF56D1-E1E4-4BBD-AEA4-7D78E02BCA48 SERVICES TO BE PROVIDED INTEGRATION SERVICES INTEGRATION SCOPE OF WORK A. SUMMARY: AVI Systems will provide equipment to outfit (4) conference rooms. The equipment will include a video bar with a display mount accessory, a touch controller and a wireless coll aboration system for Bring Your Own Meeting. B. SYSTEM DESCRIPTION: Fire Chief Room 210, Police Chief Room 209, Conference Room 281, IT Meeting Room Functionality Description: • Displays: AVI Systems will re-use the existing vid eo display system, based on a sma ll LCD display. Th e monitor will display content at native resolution. The display will address an Owner Provided wall mount. • Power, data and wall reinforcement will be responsibility of the Owner. • Conference Room 281: the conference room will address a new pull-out mount for the existing New-Line Display. • Audio: Presentation and conferencing audio for this system will playback via wall-mounted camera and sound bar unit located below the monitor. The sound bar features stereo speakers on either sid e of the camera. • The sound bar features an adaptive beamforming microphone and built-in digital signal processing {DSP) to cover the participants. The sound bar is equipped with omni-directional digital MEMS microphones that form five adaptive acoustic broadside beams. • Conferencing: AVI Systems will provide a Teams Room coll aboration system based on the Neat Room. The system will include one tabletop touch panel, one wall-mounted camera with integrated sound bar set on appliance mode and one wireless conferencing device. The camera with integrated sound bar will be mounted below the monitor to capture participants at approximately eye level. The soundbar is integrated with the speciali zed software for Teams. The customer will be responsible for creating a Teams account and providing the registration information to AVI Systems prior to system configuration. AVI Systems will not be responsible for any Teams related issues • The touch panel will provide a consistent experience via intuitive Teams user interface {UI}. The UI will display al l upcoming meetings so that any user will be able to walk into the room and join a scheduled Teams meeting. • The Neat Room solution supports a one-touch experience for joining third-party online meetings, also referred to as Direct Guest Join. • AVI Systems will provide one wall-mounted USB camera for use with the Neat Pad. The camera features an al l-in-one design with built-in speakers and microphone arrays. The camera features 4K optics with motorized lens, and 4x (digital) zoom capabilities along with 120° field-of-view should. It should be noted that even though this camera features 4K optics, the web conferencing appli cations will only be able to send a 720p camera image. • If users prefer to host their own or are invited to a web conference with alternate applications such as GoToMeeting, Google Meet, etc., the Neat Room will transfer the camera with integrated sound bar to the user's laptop via single USB dongle co nn ection. • The end user can also present wirelessly. • NOTE: The user will be required to select the Neat USB device for the camera, microphone, and speaker settings of the web conferencing application. • Note: on ly the conference room will receive a Neat Bar Pro, the rest of the rooms will receive a Neat Bar Gen 2 • Controls: Th e Neat Room in cludes one tabletop 10" touch panel that will display the Teams UI. Th e Teams UI will not be configurable so there will no custom programming required for default operation. All controls will be provided by Teams and are subject to change via future updates, etc. • Equipment Location: The Barco Clickshare device will be located behind the display. PD HEADQUARTERS CONF ROOM NEAT BAR INSTALL Page 10 City Attorney Approved 6/5/2024 Docusign Envelope ID: CCBF56D1-E1E4-4BBD-AEA4-7D78E02BCA48 EXHIBITC LABOR AND MATERIALS BOND Bond No.30240065 WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to AVI SYSTEMS, INC (hereinafter designated as the "Principal"), a Contract for: PO HEADQUARTERS CONFERENCE ROOM NEAT BAR INSTALLATION in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth, NOW, THEREFORE, WE, AVI Systems, Inc., as Principal, (hereinafter designated as the "Contractor"), and Western Surety Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of Forty Six Thousand Six Hundred Nine and 21/100 dollars ($46,609.211, said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent wfth California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. This labor and materials bond may be approved as to form by the City Attorney for the City in counterpart, and the counterparts shall all constitute a single, original instrument. SIGNED AND SEALED, this 13th day of ______ J_u_n_e ______ _, 2025. PO HEADQUARTERS CONF ROOM NEAT BAR INSTALL Page 11 City Attorney Approved 6/5/2024 Docusign Envelope ID: CCBF56D1-E1E4-4BBD-AEA4-7D78E02BCA48 {SEAL) By: ~ ~ !Signature) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY-ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON City Attorney By: Deputy /Assistant City Attorney PD HEADQUARTERS CONF ROOM NEAT BAR INSTALL Page 12 City Attorney Approved 6/5/2024 Docusign Envelope ID: CCBF56D1-E1E4-4BBD-AEA4-7D78E02BCA48 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 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 __ Jt;=---;:,,.-, __ 5-"-~"""-_"i=-------- County of __ J:_o~/i_..,-'--S-_o_""_____ ) On _....;(;=--·,,_/r.,_(_~_,_,/_~_t;'" __ before me, _-r...,.lfb.._~.,_\..,..Q.,__(_\._,\\"""R""'D"'"',d'-'--___._,=No=!a=,ry'-'-P-=ub=lic"--______ _ Date • Here Insert Name and Title of the Officer Personally appeared. C/.,r. 'r -/4. JfJ;,,,.,-· /?t,c.,_ -f5 ,.,._.. ;, Name(s) of Signer{s) who proved to me on the basis of satisfactory evidence to be the person(s} whose name(sJ 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),andthat by his/her/their signature(s}onthe instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. TAYLOR FAITH NEAD Notary Public, State of Kansas My; iwiri~piras Place Notary Seal Above l certify under PENALTY OF PERJURY under the laws of the State of Kansas that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ~ ;//' , /I,/\ Signature _. • / ,"-/ __ -_-_-_-_-__::-_::-_-_-_-_-_-___ _ / •• Sig;fture of Notary Public j ···········--··········-·····-··-············------OPTIONAL--------·-·········-······---····-···-······· Though this section is optional, completing this information can deter alteration of the doctmient or fraudulent reottochment of this form to an unintended document. Description of Attached Document Title or Type of Document ______________ Document Date _________ _ Number of Pages ________ Signer(s) OtherThan Named Above ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name ____________ _ D Corporate Officer-Title(s) =--------D Partner D Limited D General D Individual O Attorney in Fact □Trustee O Guardian or Conservator D Other _____________ _ Signer ls Representing __________ _ Signer's Name ______________ _ D Corporate 0fficer-Tltle(s) =--------0 Partner O Limited OGeneral D Individual D Attorney in Fact □Trustee D Guardian or Conservator Dother ---------------- Signer Is Representing ___________ _ Docusign Envelope ID: CCBF56D1-E1E4-4BBD-AEA4-7D78E02BCA48 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 Kansas County of ___,J,.,,o=h=nso=n ________ _ On __ J_une_1_3_, 2_0_2_s ___ ~ before me, Veronica Lawver , Notary Public Date Here Insert Name and Title of the Of/leer Personally appeared _M_a-'-ry_T ___ Fl_an_ig'--a_n __________________________ _ 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 executed the same in his/her/their authorized capacity(ies},andthatby his/her/thelrslgnature(s)ontheinstrumenttheperson(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ; VERONICA LAWVER ! Notary Public.State of Kansas My Appt. Expires Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of Kansas that the foregoing paragraph is true and correct. WITNESS my hand and official se.il. "'"''"~ ~taryPublic Veronica Lawver, Notary Public Notary Expires: September 10, 2025 ----·······-··········-·-·-·-·----···-OPTIONAL---·-·········--····--------··----·-··--------·- Though this section is oprional, completing this information con deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document---------------Document Date _________ _ Number of Pages ________ Signer(s) Other Than Named Above ____________ _ Capacity(les) Claimed by Signer(s) Signer's Name ____________ _ D Corporate Officer-Title(s) =-------0 Partner D Limited D General D Individual [El Attorney in Fact □Trustee D Guardian or Conservator Dother --------------- Signer Is Representing __________ _ Signer's Name _____________ _ D Corporate Officer-Title(s} ~--------□ Partner D limited 0General D Individual O Attorney in Fact OTrustee D Guardian or Conservator Dmher ---------------- Signer Is Representing ________ _ Docusign Envelope ID: CCBF56D1-E1E4-4BBD-AEA4-7D78E02BCA48 Western Surety Company POWER OF ATTORNEY AP.POINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents. That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly org!lnized and existing corporation having its principal office in the City of Sioux Falls, and Stale of South Dakota, and that it does by virtue ofthe signature and seal herein at1ixed hereby make, constitute and appoint Patrick T. Pribyl, Debra J. Scarborough, Mary T. Flanigan, Veronica Lawver, Christy M. Braile, Jeffrey C. Carey, Danielle R. Capps, Charles R. Teter HI, Evan D. Sizemore, Charissa D. Lecuyer, Rebecca S, Leal, Kristin D. Thurber, C. Stephens Griggs, Tahitia M. Fry, Lauren Scott, Hillary D. Shepard, Kellie A. Meyer, Erin C. Lavin, Individually of Kansas City, MO, its true and lnwful Attorney(sHn-Fact with full power nnd authority hereby conforrc<l to sign, sc11l and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts - and lo bind it thereby as fully and to 1hc ,amc extent i,;; if such instruments were signed by a duly authorized officer r,f the corporation and all the acts t>f said Attorney_ pursuant to the authority hereby given, are hereby rntifted and confirtncd. This Power of Attorney is 1TU1dc and cJ1ccuted pursuant to and by authority of the By-Law and Resolutions printed on the rewl'lle hereof. duly adopted, as indicated, by the shareholden. of the c,,rporntion. [n Witucss Whereof. WESTERN SURETY COMP ANY has caused these presents to be sii,'llcd by its Vice President and it, corporate seal to be hereto affilled on thi~ l Jtb day of May, 2023. Stace of South Dakota Cow1ty ofMiru1elrnha WESTERN SURETY COMPANY 0. ~· 7 Larry Kasten, Vice President On this I Ith day of May. 2023, bdore me pe®nally came Larry Knsie.11, to me known, who, being by me duly sworn, did dcpo,e and suy: 1hn1 he resides in the City of Sioux Falls, State of South Dakota; that he is n Vice President \lf WESTERN SURETY COMPANY described in and which ex:ecuted the above instnunent: th,1t he knows the seal of said cnrporation; that the sell I affixed to the :mid i nstmmcnt is such corporate seal; that ir was so affixed pursuant to authority give11 by the Board of Dir<:,tors of snid corpol".U.ion and !hut he ,igncd his mun~ thereto pur~uimt 10 like authority, und ueknowlcdges snme to be 1he act and deed of s.1id corp-Oration. My commission expires March 2_ 2026 t .. "t ........ .._., ............................... . ; M.BENT : f~NOfARY PUSLIC~! J~.SOUTH DAKOTA~ ... l,.'li,""'""""""°'l\,'4o."ll,"I, ....... ._ ......... ~. CERTIFICATE _____,/Y/.~- M. Bent, Notury Public l, L. Nel&on, Assistant Secretacy ofWESTHRN SURETY COMPANY do hereby certify thnt the Power of Attorney hereinabove set forth is stil I in force, nnd forther certify that the By-Law and Rcsolu1inns of the coq10nrtion printed on tho reverse hereof is still in fort:c. In testimony whcroof I have hereunto subscribed my name and affixed the ~eal ofll1e said corporation this 13th day of June. 2024. WESTERN SURETY COMPANY Fonn F4280-4-2023 Go to www,cnasurety.com >Owner/ Obligee Services> Validate Bond Coverage, if you want to verify bond authenticity. Docusign Envelope ID: CCBF56D1-E1E4-4BBD-AEA4-7D78E02BCA48 Authori1.ing By-Laws and Rcsolul'ions ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant co and by authority ofthc following By-Law duly adopted by the shareholders oi'the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligaiions of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice Pre,ident, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity ofany bonds, policies. undertakings, Powers of Attorney or otherobligationM of the corporation. The si.gnaturc of any such officer and the corporate seal may be printed by facsimile. This Power of Attorney is signed by Larry Kasten, Vice President, who has been authorized pursuant to the above Bylaw to execute power of attorneys on behalf of Wcsrcm Surety Company. This Power ofAttomey may be signed by digital signature aml sealed by a digital or otherwise electmnic-formatted corpomte seal under and by the authority of the following Resolution adopted by the Board of Directors ofthe Company by unanimom, written consent <lated the 27th day of April, 2022; "RESOLVED: That it is in the best interest of the Company l-0 periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or othciwisc ctcctronic-fom1attcd corporate seal, each to be considered the act and deed of the Company." Docusign Envelope ID: CCBF56D1-E1E4-4BBD-AEA4-7D78E02BCA48 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO AMENDED Certificate of Authority N'! 3472 Turs Is TO CEEITIFY, That, pursuant to ths lnstl-t'tlM8 Code of the Stat,, of Cahfomla, WESl'ERN SURETY COMP.ANY of SIOUX FALLS, SOUTH DAKOTA , organiud under the law, pf SOUTH DAKOTA , &Ubfect. to iu Article& of Incorporation or other fundamental organlzati.orwl document8, ls heteby authomecl to tramact within this State, subject 1o all provuiom of tht.t Cmffic;ate. t1JIJ following alanei of Ulffll"ant:4J: SURETY and LlAIIILITY '1!I such claases are now or may heteafte, be defined fu the ImuratlClt Laws of t'Jie Smts of CalJ/omla. Tms C:imTJFIC&TE it ~fl comlUwned upon th8 Jwldor hereof now and hereaftur being in full compliance with all, and M'l In violafftm uf any, of thtJ applicable laWN and lawful requirements made under authority of the latOa of the Stau of Cali.fomia tU long as such 'law, or requlraments are i11 effect and applicable, and tU 8UCh ]awi, and reqtdrenumts now are. or may hereofurr be changed or amended. Fee Ree.No. Filed NOTICE, IN Wnm.:ss Wmmx>F, effective (1!t of the_._mx. ______ day Qf. ____ _MARCll ____ ~_, 191.S_., I have hereunto set my l1and mid caw;ed my ofJi,oltil .real to be affeud thfs_2J..Sl' __ day uf MARCH .19.?L. WESLEY J. KINDER 1--co~ By ~&a-~~~ Quillifk-ntion with tile SCC!c)tltry ol State must be a<:oompllihed wi :rcqu!rml by !ho Callfomla Coiporation, Code 11romptly e.ftcr is,mance of th!, Certiflcate of Authon'ty. Failure to do llO wlll be a violation or Lu. Code Sec. 101 .ind will be grounds for revoking thb Certificate c;f Authority Pllffllllllt to the CO\'Ml!ill's made 1n the application therefor And ihe conditions wntalnod herein. Docusign Envelope ID: CCBF56D1-E1E4-4BBD-AEA4-7D78E02BCA48 EXHIBIT D In-Use Off-Road Diesel-Fueled Fleet Regulation Requirements CARB implemented amendments to the In-Use Off-Road Diesel Fueled Fleets Regulations that apply broadly to all self-propelled off-road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. More information about the requirements can be found at https://ww2.arb.ca.gov/our-work/programs/use-road- diesel-fueled-fleets-regulation Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. The City is a "Public Works Awarding Body," as that term is defined under Title 13 California Code of Regulations Section 2449(c)(46). Accordingly, the Contractor must submit, with their pre-award contract documents, valid Certificates of Reported Compliance (CRC)for the Contractor's fleet, and for the fleets of any listed subcontractors (including any applicable leased equipment or vehicles). Failure to provide a valid CRC, will limit the city's ability to proceed with awarding this Contract. Contractor has an on-going obligation for term of this Agreement to provide copies of Contractor's, as well as all listed subcontractors, most recent CRC issued by CARB. Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor's and subcontractors' fleet including, without limitation, CRC, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days' notice from the City. PD HEADQUARTERS CONF ROOM NEAT BAR INSTALL Page 13 City Attorney Approved 6/5/2024 Docusign Envelope ID: CCBF56D1-E1E4-4BBD-AEA4-7D78E02BCA48 EXHIBIT D (CONT.) IN-USE OFF-ROAD DIESEL-FUELED FLEET REGULATION CERTIFICATION Contractor hereby acknowledges that they have reviewed the CARB' s policies, rules and regulations and are familiar with the requirements of In-Use Off-Road Diesel-Fueled Fleet Regulation. Contractor hereby certifies, subject to the penalty of perjury, that the option checked below relating to the Contractor's fleet, and/or that of their subcontractor(s) ("Fleet") is true and correct: □ The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. □ The Fleet is exempt from the Regulation under Section 2449.l(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. □ Contractor and/or their subcontractor is unable to procure R99 or Rl00 renewable diesel fuel as defined in the Regulation pursuant to Section 2449.l(f)(3). Contractor shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e., third party correspondence or vendor bids). D The Fleet is exempt from the requirements of the Regulation pursuant to Section 2449(i)(4) because this Project has been deemed an "emergency", as that term is defined in Section 2449(c)(18). Contractor shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to Section 2449(i)(4). ~ The Fleet does not fall under the Regulation or are otherwise exempt and a detailed reasoning is attached to this certification. Name of Contractor: _ __;_f\_v_,"'----=S-j+->-i:>._\-_c:..---'-t""-_':,""' ..._, _T_'-'-_c.__;_ __ _ Signature: ~.,,_..,_--7 ~· Name: Title: Date: PD HEADQUARTERS CONF ROOM NEAT BAR INSTALL Page 14 City Attorney Approved 6/5/2024 Docusign Envelope ID: CCBF56D1-E1E4-4BBD-AEA4-7D78E02BCA48 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH-STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE Lockton Companies, LLC 444 W. 47th St., Ste. 900 Kansas City MO 64112-1906 (816) 960-9000 kcasu@lockton.com AVI SYSTEMS, INC. 8019 BOND STREET LENEXA KS 66214 ACE American Insurance Company 22667 Chubb National Insurance Company 10052 Federal Insurance Company 20281 Great Northern Insurance Company 20303 Pacific Indemnity Company 20346 --- SEE ATTACHMENT --- X X 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 X X X 1,000,000 XXXXXXX XXXXXXX XXXXXXX XXXXXXX X X X X $0 50,000,000 50,000,000 XXXXXXX N X 1,000,000 1,000,000 1,000,000 TECH E&O / CYBER LIABILITY INSTALLATION FLOATER $10,000,000 PER CLAIM; $10,000,000 AGG $2,000,000 A 7363-30-82 4/1/2025 4/1/2026 A 3004-07-76 4/1/2025 4/1/2026 E D01651249 4/1/2025 4/1/2026 F 3004-07-76 4/1/2025 4/1/2026 B SEE ATTACHMENT 4/1/2025 4/1/2026 C 7044-1340 4/1/2025 4/1/2026D7044-1341 4/1/2025 4/1/2026 4/1/2026 1508002 Y N N N N N N 3/26/2025 N N 20720165 20720165 XXXXXXX CITY OF CARLSBAD 1635 FARADAY AVE. CARLSBAD CA 92008 THE CITY OF CARLSBAD IS ADDITIONAL INSURED WITH RESPECT TO THE GENERAL LIABILITY COVERAGES AS REQUIRED BY WRITTEN CONTRACT AND PER THE TERMS AND CONDITIONS OF THE POLICY. X X See Attachments Docusign Envelope ID: CCBF56D1-E1E4-4BBD-AEA4-7D78E02BCA48 UMBRELLA/EXCESS LIABILITY INSURER(S) AFFORDING COVERAGE: Federal Insurance Company 7819-88-17 Twin City Fire Insurance Company 37HVZBR2U2Y Fireman's Fund Insurance Company USC035608253 Travelers Property Casualty Company of America EX-B00949753 Attachment Code: D665340 Master ID: 1508002, Certificate ID: 20720165 Docusign Envelope ID: CCBF56D1-E1E4-4BBD-AEA4-7D78E02BCA48 Liability Insurance Endorsement Policy Period: Effective Date 4/1/2025 Policy Number 3004-07-76 CHI Insured AVI SYSTEMS, INC Name of Company GREAT NORTHERN INSURANCE COMPANY This Endorsement applies to the following forms: GENERAL LIABILITY Under Who Is An Insured, the following provision is added. Who Is An Insured Owners, Lessees Or Contractors - Ongoing Operations A. Persons or organizations shown in the Schedule below are insureds; but they are insureds only with respect to their liability for bodily injury, property damage, advertising injury or personal injury caused, in whole or in part, by: 1. your acts or omissions; or 2. the acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the person or organization shown in the Schedule at the applicable location described in the Schedule. However, the insurance afforded to such person or organization only applies to the extent permitted by law; and if coverage provided to the person or organization is required by a contract or agreement, the insurance afforded to the person or organization will not be broader than that which you are required by such contract or agreement to provide for the person or organization. Liability Insurance Additional Insured - Owners, Lessees Or Contractors - Ongoing Operations, Scheduled Endorsement Form 80-02-2305 (Rev. 3-17)continued Page 1 Liability Endorsement Attachment Code: D626623 Certificate ID: 20720165 Docusign Envelope ID: CCBF56D1-E1E4-4BBD-AEA4-7D78E02BCA48 (continued) B. However, no person or organization is an insured for bodily injury or property damage occurring after: 1. all work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the person or organization shown in the Schedule at the applicable location described in the Schedule has been completed; or 2. that portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. Schedule PERSON OR ORGANIZATIONS WHOM YOU ARE REQUIRED BY A WRITTEN CONTRACT OR AGREEMENT TO AFFORD STATUS AS AN ADDITIONAL INSURED FOR SUCH INSURANCE AS ITS AFFORDED BY THIS POLICY, PROVIDED THAT SUCH WRITTEN CONTRACT OR AGREEMENT IS EXECUTED PRIOR TO THE LOSS. All other terms and conditions remain unchanged. Authorized Representative Liability Insurance Additional Insured - Owners, Lessees Or Contractors - Ongoing Operations, Scheduled Endorsement Form 80-02-2305 (Rev. 3-17)last page Page 2 Attachment Code: D626623 Certificate ID: 20720165 Docusign Envelope ID: CCBF56D1-E1E4-4BBD-AEA4-7D78E02BCA48 CHUBB°Liability Insurance Endorsement Policy Period 4/1/2025 TO 4/1/2026 Effective Date 4/1/2025 Policy Number 3004-07-76 Insured AVI SYSTEMS, INC Name of Company Great Northern Insurance Company This Endorsement applies to the following forms: GENERAL LIABILITY Under Who Is An Insured, the following provision is added. Who Is An Insured Owners, Lessees Or Contractors - Completed Operations Persons or organizations shown in the Schedule are insureds; but they are insureds only with respect to their liability for bodily injury or property damage caused, in whole or in part, by your work at the applicable location described in the Schedule performed for such person or organization and included in the products-completed operations hazard. However, · the insurance afforded to such person or organization only applies to the extent permitted by law; and · if coverage provided to the person or organization is required by a contract or agreement, the insurance afforded to the person or organization will not be broader than that which you are required by such contract or agreement to provide for the person or organization. Schedule PERSONS OR ORGANIZATIONS WHOM YOU ARE REQUIRED BY A WRITTEN CONTRACT OR AGREEMENT TO AFFORD STATUS AS AN ADDITIONAL INSURED FOR SUCH INSURANCE AS IS AFFORDED BY THIS POLICY, PROVIDED THAT SUCH WRITTEN CONTRACT OR Liability Insurance Additional Insured - Owners, Lessees Or Contractors - Completed Operations, Scheduled Form 80-02-8446 (Rev. 3-17) Endorsement Page 1 Attachment Code: D626628 Certificate ID: 20720165 Docusign Envelope ID: CCBF56D1-E1E4-4BBD-AEA4-7D78E02BCA48 AVI Systems, Inc. Signing Authorization and Delegation of Authority Pli October 2019 Your Name: Employee # Date: Branch: Signing Authorization Form Pursuant with your responsibilities as , you are hereby delegated the authority and responsibility to plan for and to manage the businesses and activities assigned to the position. Operationally, you are delegated general authority to take actions as you deem necessary to carry out the responsibilities assigned to you. This authority must be exercised consistent with the objectives of the approved operating plans, approved department budget, approved salary action plan and policies of the company. With regards to commitments, purchases, and other financial obligations, you are authorized up to the limits determined in Exhibit A - AVI’s Senior Management Signing Authorization. By signing below, you accept full responsibility for the authorization granted herein and the terms and conditions stipulated in the Signing Authorization and Delegation of Authority Policy. Signature Date Date COO/Board Secretary Area Vice Presedent David W. Bunting June 10th, 2020 San Diego COO/Board Secretary:Joel Lehman 6/10/2020 6/10/2020 10576 Docusign Envelope ID: CCBF56D1-E1E4-4BBD-AEA4-7D78E02BCA48 AVI Systems, Inc. Signing Authorization and Delegation of Authority Pli October 2019 Exhibit ADocusign Envelope ID: CCBF56D1-E1E4-4BBD-AEA4-7D78E02BCA48 Docusign Envelope ID: CCBF56D1-E1E4-4BBD-AEA4-7D78E02BCA48 Docusign Envelope ID: CCBF56D1-E1E4-4BBD-AEA4-7D78E02BCA48