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HomeMy WebLinkAboutAVI Systems Inc; 2025-08-26; PD HEADQUARTERS CONF ROOM NEAT BAR INSTALL Page 1 City Attorney Approved 6/5/2024 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT SENIOR CENTER ROOMS 106 & 107 UPGRADES This contract is made on the ______________ day of _________________________, 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 $20,238.67. 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 Docusign Envelope ID: 6BC5D259-42C1-4D09-8A34-4A431AC8F9F7 26th August PD HEADQUARTERS CONF ROOM NEAT BAR INSTALL Page 2 City Attorney Approved 6/5/2024 comply with Section 1776 of the California Labor Code, which requires keeping accurate payroll records, verifying 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) online 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://apps.apple.com/us/app/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, RFIs, 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. Docusign Envelope ID: 6BC5D259-42C1-4D09-8A34-4A431AC8F9F7 PD HEADQUARTERS CONF ROOM NEAT BAR INSTALL Page 3 City Attorney Approved 6/5/2024 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 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. 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. Docusign Envelope ID: 6BC5D259-42C1-4D09-8A34-4A431AC8F9F7 David Bunting PD HEADQUARTERS CONF ROOM NEAT BAR INSTALL Page 4 City Attorney Approved 6/5/2024 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. 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. 10070 Willow Creek Road (name of Contractor) 792548 (street address) San Diego, CA 92131-1623 (Contractor’s license number) C7-Low Voltage (city/state/zip) 858-653-4300 (license class. and exp. date) 1000036874 – 06/30/28 (telephone no.) Jake.Cramer@avisystems.com (DIR registration number/exp. date) (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. Docusign Envelope ID: 6BC5D259-42C1-4D09-8A34-4A431AC8F9F7 PD HEADQUARTERS CONF ROOM NEAT BAR INSTALL Page 5 City Attorney Approved 6/5/2024 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 CITY OF CARLSBAD, a municipal corporation of the State of California AVI Systems, Inc. a North Dakota Corporation By: By: (sign here) IT Director (print name/title) ATTEST: By: SHERRY FREISINGER, City Clerk (sign here) By: Morgen Fry, Assistant City Clerk (print name/title) 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 Group B Chairman, President, or Vice-President 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 Docusign Envelope ID: 6BC5D259-42C1-4D09-8A34-4A431AC8F9F7 David Bunting RVP PD HEADQUARTERS CONF ROOM NEAT BAR INSTALL Page 6 City Attorney Approved 6/5/2024 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 to be Subcontracted Business Name and Address DIR Registration No. & Expiration Date License No., Classification & Expiration Date % of Total Contract none Total % Subcontracted: ____0___________ The Contractor must perform no less than 50% of the work with its own forces. Docusign Envelope ID: 6BC5D259-42C1-4D09-8A34-4A431AC8F9F7 PD HEADQUARTERS CONF ROOM NEAT BAR INSTALL Page 7 City Attorney Approved 6/5/2024 EXHIBIT B SENIOR CENTER ROOMS 106 & 107 UPGRADES Summary: Equipment $9,099.03 Integration $9,947.78 PRO Support $0.00 Shipping & Handling $415.00 Tax $776.86 Senior Center Rooms 106 & 107 Upgrades $20,238.67 Senior Center Room 106 PRODUCTS: Model # Mfg Description Qty Price Extended Room 106 OFE OWNER Owner Furnished Projector 1 $0.00 $0.00 OFE OWNER Owner Furnished Projection Screen 1 $0.00 $0.00 CMS440N CHIEF ABOVE-TILE KIT + ELEC HOUSING 1 $186.75 $186.75 RPAUW CHIEF UNIVERSAL RPA WHITE 1 $236.25 $236.25 CMS006009W CHIEF ADJ. PIPE 6" TO 9" WHITE 1 $73.50 $73.50 HD-TXU-4KZ-111- 2G-W CRESTRON DM Essentials 4K60 4:4:4 Transmitter for USB-C DisplayPort and USB 2.0 Signal Extension over CATx Ca 1 $531.25 $531.25 HD-RXCA-4KZ-101 CRESTRON DM Essentials 4K60 4:4:4 Receiver for HDMI, RS- 232, IR, and Analog Audio Signal Extension over CATx 1 $337.50 $337.50 CBL-8K-HD-6 CRESTRON Certified HDMI® 2.1 Cable, 48 Gbps, 6 ft (1.8 m) 1 $31.25 $31.25 CBL-8K-HD-9 CRESTRON Certified HDMI® 2.1 Cable, 48 Gbps, 9 ft (2.7 m) 1 $37.50 $37.50 CG28829 C2G 10ft USB MALE C TO C MALE 2.0 5A 1 $18.40 $18.40 PWE-4803RU CRESTRON PoE Injector 1 $68.75 $68.75 MPC3-102-B CRESTRON 3-Series Media Presentation Controller 102, Black 1 $862.50 $862.50 PDX-615C-SP MIDDLE ATLANTI 15A 6 OUT SERIES SURGE COMPACT 1 $740.00 $740.00 Sub-Total: Room 106 $3,123.65 Room 106 Integration $5,345.14 Total: $8,468.79 Docusign Envelope ID: 6BC5D259-42C1-4D09-8A34-4A431AC8F9F7 PD HEADQUARTERS CONF ROOM NEAT BAR INSTALL Page 8 City Attorney Approved 6/5/2024 SERVICES TO BE PROVIDED INTEGRATION SERVICES INTEGRATION SCOPE OF WORK A. SUMMARY: The City of Carlsbad has requested a technology upgrade for the Senior Center – Room 106 B. SYSTEM DESCRIPTION: Conference Room • Functionality Description: Install Owner Furnished Projector with existing owner furnished projection screen, already mounted in place within the room. • Displays: o AVI Systems Inc will provide and install all new mounting hardware and column for the client furnished projector. • Source Devices: o AVI will provide and install (1) HDMI wall plate that will be connected to the HDMI Input of the projector. • Audio: o Existing ceiling speakers and exiting microphones wall mixer will continue to be used. • Controls: o AVI will provide and install (1) Crestron wall controller that will control the display power on/off, source selection, and volume controls. Docusign Envelope ID: 6BC5D259-42C1-4D09-8A34-4A431AC8F9F7 PD HEADQUARTERS CONF ROOM NEAT BAR INSTALL Page 9 City Attorney Approved 6/5/2024 Senior Center Room 107 PRODUCTS: Model # Mfg Description Qty Price Extended Room 107 TARIFF_SURCHARGE Tariff Surcharge 1 $301.50 $301.50 QB85C SAMSUNG 85IN COMMERCIAL 4K UHD MNTR DISPLAY 350 NIT 1 $2,916.01 $2,916.01 XSM1U CHIEF Micro-Adjust Fixed Wall Mount, X-Large 1 $250.16 $250.16 PAC115 CHIEF TOGGLER ACCESSORY 1/4-20 1 $25.50 $25.50 CSSLP15X10 CHIEF PROXIMITY,SLIDE LOCKING PLATE,15X10 1 $155.68 $155.68 Recycle Fee HD-TXU-4KZ-111-2G-W CRESTRON DM Essentials 4K60 4:4:4 Transmitter for USB-C DisplayPort and USB 2.0 Signal Extension over CATx Ca 1 $531.25 $531.25 HD-RXCA-4KZ-101 CRESTRON DM Essentials 4K60 4:4:4 Receiver for HDMI, RS- 232, IR, and Analog Audio Signal Extension over CATx 1 $337.50 $337.50 CBL-8K-HD-6 CRESTRON Certified HDMI® 2.1 Cable, 48 Gbps, 6 ft (1.8 m) 1 $31.25 $31.25 CBL-8K-HD-9 CRESTRON Certified HDMI® 2.1 Cable, 48 Gbps, 9 ft (2.7 m) 1 $37.50 $37.50 CG28829 C2G 10ft USB MALE C TO C MALE 2.0 5A 1 $18.40 $18.40 PWE-4803RU CRESTRON PoE Injector 1 $68.75 $68.75 MPC3-102-B CRESTRON 3-Series Media Presentation Controller 102, Black 1 $862.50 $862.50 PDX-615C-SP MIDDLE ATLANTI 15A 6 OUT SERIES SURGE COMPACT 1 $439.38 $439.38 Sub-Total: Room 107 $5,681.38 Room 107 Integration $4,595.14 Total: $10,578.02 SERVICES TO BE PROVIDED INTEGRATION SERVICES INTEGRATION SCOPE OF WORK A. SUMMARY: The City of Carlsbad has requested a technology upgrade for the Senior Center – Room 106 B. SYSTEM DESCRIPTION: Conference Room • Functionality Description: 85” Display with HDMI/USB-C wall plate and simple touch panel controller • Displays: o AVI Systems Inc will provide and install a new Samsung 85” TV with Chief wall mount. • Source Devices: Docusign Envelope ID: 6BC5D259-42C1-4D09-8A34-4A431AC8F9F7 PD HEADQUARTERS CONF ROOM NEAT BAR INSTALL Page 10 City Attorney Approved 6/5/2024 o AVI will provide and install (1) HDMI/USB-C wall plate that will be connected to the HDMI Input of the display. HDMI or USB-C can be used as a presentation source and an easy way to connect laptops and other devices to display on the new LCD display. • Audio: o Will use internal display speakers for program audio. Existing ceiling speakers and exiting microphones wall mixer will continue to be used. • Controls: o AVI will provide and install (1) Crestron wall controller that will control the display power on/off, source selection, and volume controls. Docusign Envelope ID: 6BC5D259-42C1-4D09-8A34-4A431AC8F9F7 PD HEADQUARTERS CONF ROOM NEAT BAR INSTALL Page 11 City Attorney Approved 6/5/2024 Agreement Costs Summary Room Amount Senior Center Room 106 $8,468.79 Senior Center Room 107 $10,578.02 Shipping $415.00 Tax $776.86 Total Project Costs $20,238.67 Docusign Envelope ID: 6BC5D259-42C1-4D09-8A34-4A431AC8F9F7 PD HEADQUARTERS CONF ROOM NEAT BAR INSTALL Page 12 City Attorney Approved 6/5/2024 EXHIBIT C 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. Docusign Envelope ID: 6BC5D259-42C1-4D09-8A34-4A431AC8F9F7 PD HEADQUARTERS CONF ROOM NEAT BAR INSTALL Page 13 City Attorney Approved 6/5/2024 EXHIBIT C (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 2449.1(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 R100 renewable diesel fuel as defined in the Regulation pursuant to Section 2449.1(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). ☐ 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: Signature: Name: Title: Date: Docusign Envelope ID: 6BC5D259-42C1-4D09-8A34-4A431AC8F9F7 X AVI Systems RVP David Bunting 8/15/2025 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: 6BC5D259-42C1-4D09-8A34-4A431AC8F9F7 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: 6BC5D259-42C1-4D09-8A34-4A431AC8F9F7 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: 6BC5D259-42C1-4D09-8A34-4A431AC8F9F7 (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: 6BC5D259-42C1-4D09-8A34-4A431AC8F9F7 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: 6BC5D259-42C1-4D09-8A34-4A431AC8F9F7 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: 6BC5D259-42C1-4D09-8A34-4A431AC8F9F7 AVI Systems, Inc. Signing Authorization and Delegation of Authority Pli October 2019 Exhibit ADocusign Envelope ID: 6BC5D259-42C1-4D09-8A34-4A431AC8F9F7 Docusign Envelope ID: 6BC5D259-42C1-4D09-8A34-4A431AC8F9F7 Docusign Envelope ID: 6BC5D259-42C1-4D09-8A34-4A431AC8F9F7