The URL can be used to link to this page

Home My WebLink AboutAVI Systems Inc; 2018-11-19; PWM19-660GSRECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2019-0033598 111111111111 lllll 11111111111111111111111111111111111 IIIII IIIII IIII IIII Jan 30, 2019 11:12AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $0 00 (SB2 Atkins $0.00) PAGES 1 Space above this line for Recorder's use. PARCEL NO: NOTICE OF COMPLETION Notice is hereby given that: 209-050-26-00 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full names of the undersigned are City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on January 4, 2019. 6. The name of the contractor for such work or improvement is AVI Systems, Inc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Project No.: PWM19-660GS -Safety Training Center Classroom Audio Visual Upgrades. 8. The street address of said property is 5750 Orion Street, Carlsbad, CA 92010. ity Manager ~ .St.ctr C,,J-v,.J..,.,,c)< VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on _,,_...,,._-.. ........ ==....~,........=::....c::-.... ____ _, 2o_lj_, accepted the above described work as completed and ordered that otice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on .:Sao. d 9, 2oii_, at Carlsbad, California. a:••o f) . 0 1\.0J<· rt}L~t\/ ~RBARA ENGLESON lF City Clerk Q \Public Works\General Services\Agreements & Contracts\AVI Sytems\Safety Training Center Classroom AV Upgrades -PWM19-660GS\NOC\2 NOC -PWM19-660GS AVI /J 'I Systems.doc CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS AVI Systems, Inc., has completed the contract work required for PWM19-660GS -Safety Training Center Classroom Audio Visual Upgrades. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS (City) Safety Training Center Classroom Audio Visual Upgrades VALUE $31,968.00 CERTIFICATION OF COMPLETION OF IMPROVEMENTS \~\J~ ~1-~IH~S-- ~gin~ManaQei"\ Date CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described contract is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carlsbad is hereby directed to commence maintaining the above described improvements. /~~ ; ,.YJ, ,q Scott Chadwick,ity Manager Date APPROVED AS TO FORM: CELIA BREWER, City Attorney Q\Public Works\General Serv,ces\Agreements & Contracts\AVI Sytems\Safety Training Center Classroom AV Upgrades -PWM19-660GSINOC\3.API -PWM19-660GS-AVI Systems, lnc .. doc Tracking#: PWM19-660GS CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT SAFETY TRAINING CENTER CLASSROOM AUDIO VISUAL UPGRADES This agreement is made on the / q ·-l:±J day of L/2 lJ U'ftl✓Ll~c , 2018, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and AVI Systems Inc., a North Dakota corporation, whose principal place of business is 7270 Trade St., Suite 102, San Diego, CA 92121- 2384 (hereinafter called "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, 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: Jason Kennedy (City Project Manager) WAGE RATES. 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 Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777 .5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107 .5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. SAFETY TRAINING CENTER CLASSROOMS AUDIO VISUAL UPGRADES Page 1 of 11 City Attorney Approved 9/27/16 Tracking#: PWM19-660GS 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 agreement 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 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 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: h~ b~ Print Name: ~" 1~ ~---hV\ 7 1 A.vP 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 of Injuries including accidental death, to any one person in an amount not less than ........ $1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ....... $1,000,000 Property damage insurance in an amount of not less than ........ $1,000,000 Automobile Liability Insurance in the amount of $1,000,000 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. The above policies shall have non-cancellation clauses providing that thirty (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. SAFETY TRAINING CENTER CLASSROOMS AUDIO VISUAL UPGRADES Page 2 of 11 City Attorney Approved 9/27/16 Tracking #: PWM19-660GS INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from 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. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within fourteen (14) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within forty-two (42) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. Ill Ill Ill Ill Ill Ill Ill AVI Systems Inc. (name of Contractor) 792548 (Contractor's license number) C-7-Low Voltage 5/31/2020 (license class. and exp. date) 1000036874 (DIR registration number) 6/30/2019 (DIR registration exp. date) SAFETY TRAINING CENTER CLASSROOMS AUDIO VISUAL UPGRADES Page 3 of 11 7270 Trade St., Suite 102 (street address) San Diego, CA 92121-2384 (city/state/zip) 858-653-4300 (telephone no.) 858-695-7844 (fax no.) ryan.walsh@avisystems.com (e-mail address) City Attorney Approved 9/27 /16 Tracking#: PWM19-660GS AUTHORITY. The individuals executing this Agreement 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 Agreement. CONTRACTOR AVI SYSTEMS INC., a North Dakota corporation By: -·~ °Y'd:? BQ'l t& (sign here) RAN01 BoRild , ci=o (print name/title) By: be~~ (sign here) p CITY OF CARLSBAD, a municipal corporation of the State of California By: If required by City, proper notarial acknowledgment of execution by Contractor must be attached. ~ corporation, Agreement 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: SAFETY TRAINING CENTER CLASSROOMS AUDIO VISUAL UPGRADES Page 4 of 11 City Attorney Approved 9/27 /16 Tracking#: PWM19-660GS EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor 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 sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor 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 Portion of Business Name and DIR License No., %of Project to be Address Registration Classification & Total Subcontracted No. Expiration Date Contract i\)O(\( f)V!o Total% Subcontracted: ----'LL._.___,_(J __ _ The Contractor must perform no less than fifty percent (50%) of the work with its own forces SAFETY TRAINING CENTER CLASSROOMS AUDIO VISUAL UPGRADES Page 5 of 11 City Attorney Approved 9/27 /16 Tracking#: PWM19-660GS EXHIBIT B SCOPE OF SERVICES A. SUMMARY. AVI Systems, Inc., will perform audio-visual systems upgrades to the Safety Training Center, Classrooms 1 and 2. The systems upgrade will consist of a mix of new equipment and Owner Furnished Equipment (OFE). This upgrade will enhance presentation and audio capabilities, increasing the interoperability with new equipment technologies used during training courses and special events. The City of Carlsbad will coordinate construction support for the installation of power and moving of outlets, receptacles, and switches. The City project manager will coordinate with the City's Information Technology Department for all connectivity requirements, including connectivity with Ethernet (LAN) systems. ***Pricing includes prevailing wage rates for labor and Time and Materials bond. B. SYSTEMS DESCRIPTION. 1. Functionality Description: Installation of new visual displays, a digital media NVX system, and wireless microphones will be implemented into sections of the existing audio-visual systems in Classrooms 1 and 2 at the Safety Training Center located at 5750 Orion Street, Carlsbad, CA 92010. 2. Displays: • Six (6) Samsung 82" displays will be installed on AM 100 swingout display mounts. Three (3) displays in each room, one (1) on the front wall near the main classroom entrances and two (2) displays on the large side walls opposite the entrance doors in each classroom. • Two (2) OFE Panasonic LED Phospur Projectors with two (2) Da-Lite projection screens. Existing projection screens will be removed and replaced with two (2) new screens being installed in the same location. OFE projectors will remain in place but programmed and sized to the new screens. • Two (2) OFE Smartboards will be removed and provided to the City of Carlsbad for disposition. City will coordinate installation of dry erase boards to cover area after removal of Smartboards. 3. Source Devices: • Two (2) OFE presenter podiums will be retrofitted with HDMI connectivity allowing sources to connect via one (1) Network cable to any of three (3) wall-plates being installed along the main wall presentation wall. • Two (2) Barco ClickShare CSE-200s will be provided and installed. One (1) ClickShare will be connected to a NVX350C encoder in the main equipment rack in Classroom 1 and one (1) ClickShare will be connected via an NVX350C encoder located in the credenza in Classroom 2. • Two (2) OFE Blu-Ray players will be repurposed. One (1) Blu-ray will be located in the main equipment rack located in Classroom 1 and connected via a NVX350C encoder. The second OFE Blu-Ray will be connected to via an NVX350C encoder located in the credenza in Classroom 2. • One (1) Vaddio Roboshot 12 HDMI camera will be provided ad installed for web conferencing. This system will be connected to the NVX350C encoder. Video will be decoded at the rack and will connect to a Vaddio AV Bridge HDMI camera input. Camera will be ceiling mounted in Classroom 1 using a Vaddio recessed celling mount. • Two (2) OFE Contemporary Research CATV tuners will be connected and programmed into the NVX350C encoder. 4. Audio: • Provide and Install Shure MXWireless wireless microphone system consisting of four (4) handheld microphones (two for each room) and four (4) wireless lavalier microphones (two for each room), two (2) charging stations (one for each room) will be provided, and one (1) wireless access point programmed to each room will be mounted above the ceiling grid near center of both classrooms. • Install one (1) Shure MXA910 ceiling microphone in Classroom 1 which will be used for web conferencing and instructor amplification during large presentations or special events. SAFETY TRAINING CENTER CLASSROOMS AUDIO VISUAL UPGRADES Page 6 of 11 City Attorney Approved 9/27 /16 Tracking#: PWM19-660GS • New equipment will be wired and programmed into the existing audio assisted listening system and will utilize the existing ceiling speakers. New amplifiers will be installed to enhance voice and media presentations. • VoIP will be configured for one (1) VoIP line in Classroom 1 for web conferencing purposes. 5. Conferencing: • One (1) Vaddio camera and AV bridge will allow USB video to be routed to the podium location for web conferencing in Classroom 1. Ceiling microphone and wireless microphones will also be available for web conferencing in Classroom 1. When the room is in a combined state the VoIP audio calls and web conferencing will be programmed so that the both rooms are in web conferencing mode to support larger events. 6. Switching: • One (1) Cisco SG350-52MP network switch will serve as the core video, audio, and USB network switch for the CrestronNVX system. 7. Controls: • Two (2) Crestron TSW-1060 touch panels will be wall mounted (one per room) and will control all the audio-visual media sources per room. The touch panel will provide source selection, display routing, audio volume, routing controls, VoIP dialing controls, PTZ camera controls, and system power on/off controls. Four (4) simple system preset configurations are desired to start system to a known state for different types of meetings. All custom touch panel designs will be submitted for approval and reviewed with the customer prior to implementation and project close-out. • One (1) Crestron CP3N control system will be installed and will act as the centralized control system for both classrooms. • One (1) Partition sensor will be installed to automatically detect the state of the wall partition for the rooms. Two (2) modes will be programmed, divided and combined. • The control system will be able to route any source to any display. All sources will be available when the rooms are in a combined mode. When rooms are in the divided mode, only the local sources will be available for the room users for that respective classroom. Each room will have one (1) projector and screen, three (3) LCD displays, (1) one OFE CATV feed, one (1) OFE Blu-Ray DVD player, and one (1) ClickShare wireless presentation source. 8. Equipment Location: • Displays will be hung by AVI in the room according to drawing specs. City of Carlsbad will provide needed wall structural supports/backing to support the displays. • Rack equipment will be installed in main existing rack located in Classroom 1. • City of Carlsbad will provide two (2) Gang boxes for Crestron touch panel power. C. EXCLUSIONS. The following work is not included in the Scope of Work: • All conduits, high voltage, wiring panels, breakers, relays, boxes, receptacles, etc. • Concrete saw cutting and/or core drilling. • Fire wall, ceiling, roof and floor penetration. • Necessary gypsum board replacement and/or repair. • Necessary ceiling tile or T-bar modifications, replacements and/or repair. • Structural support of equipment *AVI Systems not responsible for building related vibrations. • Installation of ceiling mounted projection screen. • All millwork (moldings, trim, cut outs, etc.). • Patching and Painting. • Permits (unless specifically provided for and identified within the contract). • Unless otherwise stated the pricing in this agreement does not include prevailing wage or union labor. • Unless specifically noted lifts and scaffolding are not included. D. CONSTRUCTION CONSIDERATIONS. In order to accomplish the outlined goals of this project, the City is responsible for using internal technicians or contracting with outside construction entities for the SAFETY TRAINING CENTER CLASSROOMS AUDIO VISUAL UPGRADES Page 7 of 11 City Attorney Approved 9/27/16 Tracking#: PWM19-660GS necessary modifications to the space as directed by AVI Systems, Inc., for items listed in paragraph C., above. The costs associated with these modifications are not included in this proposal. E. NOTICE: THIS SCOPE OF WORK IS DELIVERED ON THE BASIS OF THE FOLLOWING ASSUMPTIONS. • The room(s) match(es) the drawings provided. • Site preparation by the City and their contractors includes electrical and data placement per AVI Systems, Inc., specifications and drawings. • Site preparation will be verified by AVI Systems, Inc., project manager or representative before scheduling of the installation. All work areas should be clean and dust free prior to the beginning of on-site integration of electronic equipment. • Customer communication of readiness will be considered accurate and executable by AVI Systems, Inc., project manager. • In the event of any arrival to site that AVI Systems, Inc., is not able to execute work and definable progress, the City will be charged a $250.00 mobilization fee to offset the lost time due to the lack of readiness. The mobilization fee will be presented as a Contract Change Order and will/may halt work until acceptance by the City and rescheduling of the integration effort is agreed upon. • Rescheduling and redeployment of AVI Systems, Inc. technicians due to delays in the site preparation may cause scheduling delays of up to ten ( 10) business days. • There is ready access to the building/ facility and the room(s) for equipment and materials. • There is secure storage for equipment during a multi-day integration. • If City furnished equipment and existing cabling is to be used, AVI Systems assumes that these items are in good working condition at this time and will integrate into the designed solution. Any repair, replacement and/or configuration of these items that may be necessary will be made at an additional cost and will require a change order. • All Network configurations including IP addresses are to be provided, operational and functional before AVI Systems, Inc., integration begins. AVI Systems, Inc. will not be responsible for testing the LAN connections. • Cable or Satellite drops (if applicable) must be in place with converter boxes operational before the completion of integration. Any delay resulting in extra work caused by late arrival of these items will result in a change order for time and materials. F. INTEGRATION PROJECT MANAGEMENT PROCESSES. AVI Systems, Inc., will follow a foundational project management process which may include the following actions/deliverables (based on the size/complexity/duration of the integration project): • Site Survey -performed prior to Retail Sales Agreement and attached. • Project Welcome Notice -emailed upon receipt of Purchase Order. • Project Kick-Off meeting with City representative(s) -either by phone or in-person. • Project Status reviews-informal or formal-either by phone or in-person (based on the size/complexity/duration of the project). • Project Change Control -comprised of Field Directed Change Order and/or Contract Change Order submittals by the City. • Notice of Substantial Completion, project close-out, training, and service transition. G. KNOWLEDGE TRANSFER (USER TRAINING). Systems and technology training for end-user, operator, and facility staff. The purpose of this knowledge transfer is to provide users of the audio-visual systems the necessary knowledge to confidently and comfortably operate all aspects of the integrated systems. Areas covered include the following: • Equipment and system overview. • Equipment operation and function. • Equipment start up, stop, and shut down. • Equipment automatic and manual operation. • Discussion and documentation relating to control system operation. • Discussion and documentation relating to system processor and its control applications. • Powering up, powering down AV systems via the control system. SAFETY TRAINING CENTER CLASSROOMS AUDIO VISUAL UPGRADES Page 8 of 11 City Attorney Approved 9/27 /16 Tracking#: PWM19-660GS • Manual operation of display systems, audio system and all other related components. • Use/operation of patch panels, when and where to be used. • Who to call when help is required. • Other troubleshooting techniques. H. AVI SYSTEMS, INC. INTEGRATION SERVICES RESPONSIBILITIES. AVI Systems, Inc., will provide services/work for the project as described in this Scope of Work. Overview of these services are: • Provide equipment, materials, and service items per the contract products and services detail. • Provide systems equipment integration and supervisory responsibility of the equipment integration. • Provide systems configuration, checkout, and testing. • Provide additional project timeline schedules. • Provide necessary information, as requested, to the owner or other parties involved with this project to ensure that proper AC electrical power and cableways and/or conduits are provided to properly integrate the equipment within the facilities. • Provide manufacturer supplied equipment documentation and warranty information. • Provide final documentation (Close-Out documents) and "as-built" system drawings in CAD and Adobe .pdf format. • Provide systems training following integration to the designated City project manager and facility staff. I. CUSTOMER INTEGRATION SERVICES RESPONSIBILITIES. • Provide for the construction or modification of the facilities for soundproofing, lighting, electrical, HVAC, structural support of equipment, and decorating as required. • Provide for the ordering, provisioning, installation, wiring and verification of any Data Network (LAN, WAN, T1, ISDN, etc.) and Telephone Line (Analog or Digital) equipment and services prior to on-site integration. • Provide all necessary cableways and/or conduits required to facilitate audio-visual systems wiring. • Provide all necessary conduit, wiring and devices for technical power to the audio-visual systems equipment. • Provide reasonable access of AVI Systems, Inc., personnel to the facilities during periods of integration, testing, and training during normal business hours or as coordinated with the City project manager. • Provide a secure area to house all integration materials and equipment. • Provide a project manager who will be available for consultation and meetings. • Provide timely review and approval of all documentation (Technical Reports, Drawings, Contracts, etc). JOB QUOTATION ITEM UNIT QTY DE~CRIPTION PRICE NO. Labor, Time, and Materials required to install and 1 LS 1 integrate audio-visual systems into Safety Training $31,968.00 Center Classrooms 1 and 2 at 5750 Orion Street, Carlsbad, CA., 92010. TOTAL $31,968.00 SAFETY TRAINING CENTER CLASSROOMS AUDIO VISUAL UPGRADES Page 9 of 11 City Attorney Approved 9/27/16 EXHIBITC LABOR AND MATERIALS BOND Tracking #: PWM19-660GS Bond# CA2245139 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: SAFETY TRAINING CENTER CLASSROOMS AUDIO VISUAL UPGRADE 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 Great American Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of thirty-one thousand nine hundred sixty-eight Dollars {$31,968), 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 with 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. Thls 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. SAFETY TRAINING CENTER CLASSROOMS AUDIO VISUAL UPGRADES Page 10 of 11 City Attorney Approved 9/27/16 Tracking#: PWM19·660GS . In ·u,e 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. Executed by CONTRACTOR this _l....,._-t_t..... ___ _ day of __ N_o_v_e_m_b_e_r -----~--' ____ ·, 20 18 . ·co~TRACTOR: AVI Systems, Inc. (name of Contractor) By: 'I) .!.\ 0. rd;.; ]3 a-d-t / (sign here) RANDI 130l<Tt:\ (print name here) (Fo AVT 8j5TEQ\Si INC.. {ttte and organization of signatory) By: ~ bi~ (sign here~ P DAv 1'h. ~t.A!A+-; ""1 (print name here) /\.v P,, tsvr ~s fc:..r1S I _r.,,_c. (title and organltion of signatory) Executed by SURETY this __ 5_th ____ day of __ N_o_v_em_be_r ______ , 2o~. SURETY: Great American Insurance Company (name of Surety) 301 East 4th Street, Cincinnati, OH 45202 (address of Surety) 701.526.2809 (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Att By: ey SAFETY TRAINING CENTER CLASSROOMS AUDIO VISUAL UPGRADES Page 11 of 11 City Attorney Approved 9/27/16 ACKNOWLEDGMENT OF PRINCIPAL STATE OF X Q...'"r'\0-0.. o ) ) ) COUNlYOF r= On th is I "'-day of ------"ri-rn_.__.._~..,_Y!'::_.__--=6,'--""-'w=-· ____ , 201..Y, before me, a Notary Public in and for the State of --~L-\--10......,_:::n_._._.0_0 ... 0..,__ ______ , personally appeared ](a n.r{_,;) '13Mtb., known to me to be (!__~ ?tJ.('C\Arnc., 0 Q 0-frru o :0 of the Principal described in the within instrument and who executed the same and acknowledged to me that he/she executed the same for and on behalf of said Principal. A _ (SEAL) ----------,--~~-.a~O~~--------- SARAH DUPIN Notary PubllO, &tat• of KanlCli . MY AJ>polntment Explrt1 ~ l:lk-ZPlf ACKNOWLEDGMENT OF SURETY STATE OF _____________ ) COUNTY OF ) _) On this ________ day of __________ _, 20_, before me personally came _____________ to me known, who being by me duly sworn, did depose and say the he/she resides in ________ that he/she is the Attorney-in-Fact of-------------------~ the corporation described in and which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and the he/she signed his/her name thereto by like order. (SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 truthfullness, accuracy or validity of that document. ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• State of ---1· County of Cass North Dakota On November 5, 2018 before me, Tanya Pahl --------,o"""at_e _______ _ , Notary Public Name and nle ol Notary personally appeared __ G_a_il_T_._H_a..._y_e_s ___________________________ _ Name and or Names 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), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature dam,1 /<L tllJJ Tanya Pahl NotaryPublicSignature TANYA PAHL Notary Public , State of North Dakota • My Commission Expires Feb. 27 '....2022 • Place Notary Public Seal Above OPTIONAL ------------------------------------ Though the infonnation below is not required by law, it may prove valuable to the persons relying on the document and could prevent fraudulent removal and reattachment of this fonn to another document. Description of Attached Document Title or Type of Document ________________________________ _ Document Date ____________________ Number of Pages: _________ _ Signer's Name: ______________ _ D Individual D Corporate Officer -Title(s): _______ _ D Partner -D Limited D General D Guardian or Conservator [8] Attorney-in-Fact D Trustee D Other: -----------Signer is representing ____ _ Great American Insurance Company RIGtlTTIIUMBPRINT OF SIGNER Topollhumb D Individual D Corporate Officer -Title(s): _______ _ D Partner -D Limited D General D Guardian or Conservator D Attorney-in-Fact • Trustee D Other: -----------Signer is representing ____ _ RIGIITTHUMBPRINT OF SIGNER Topof lhumb ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• GREAT AMERICAN INSURANCE COMPANv® Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than 1 POWER OF ATTORNEY Bond No. CA2245139 KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in- fact, for it and in its name, place and stead to execute on behalfofthe said Company, as surety, the specific bond, undertaking or contract ofsuretyship referenced herein; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. The bond number on this Power of Attorney must match the bond number on the bond to which it is attached or it is invalid. Principal: Name Gail T. Hayes Obllgee: City of Carlsbad Address 2575 41st St., S, Suite 2 Fargo, ND 58104 Limit of Power $100,000,000.00 IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 26th day of July, 2018. Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON -ss: DAVID C. KITCHIN (877-377-2405) On this 26th day of July , 2018 , before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board ofDirectors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety. any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof: to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof. such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upan the Company with the same force and effect as though manually affixed. CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors ofJune 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this 5th day of November, 2018 S1194C (6/15) Client#· 1101881 AVISYS ACORD™ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 11/11/2018 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 any rights to the certificate holder In lieu of such endorsement(s). PRODUCER iiX/,U~" USI Insurance Services, LLC ritJgN.fo Extl: 701 989-7675 I rffc. Nol: 877 411-5097 4207 Boulder Ridge Road Suite 225 i~trl~ss: lesley.bentz@usi.com Bismarck, ND 58503 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A; Atlantic Spoclalty lnouranc. Company 27154 INSURED INSURERB: AVI Systems, Inc. 8019 Bond Street INSURERC: Lenexa, KS 66214 INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR ,:&Jg~ ,:&Jg~ LIMITS LTR INSR WVD POLICY NUMBER A X COMMERCIAL GENERAL LIABILITY 7110081910012 04/01/2018 04/01/2019 EACH OCCURRENCE s1.000 000 r--~ CLAIMS-MADE ~ OCCUR ~~~l?H?ta~~ncei $1,000 000 r--MED EXP (Any one person) s10,000 PERSONAL & ADV INJURY s1,000,000 r-- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2,000,000 Fl ~PR~ ~LOC s2,000,000 POLICY X JECT PRODUCTS -COMP/OP AGG OTHER: $ A AUTOMOBILE LIABILITY 7110081910012 ~4/01/2018 04/01/2019 COMBINED SINGLE LIMIT s1,000,000 /Ea accident\ -~ ANY AUTO BODILY INJURY (Per person) $ OWNED -SCHEDULED BODILY INJURY (Per accident) $ -AUTOS ONLY 1--AUTOS X HIRED X NON-OWNED ' iP~~~a,~d~t?AMAGE $ AUTOS ONLY AUTOS ONLY -- $ A ~ UMBRELLA LIAB ~OCCUR 7110081910012 ~4/01/2018 04/01/2019 EACH OCCURRENCE s10 000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE s10 000 000 / DED I XI RETENTION sO $ A WORKERS COMPENSATION 4060169150011 ~4/01/2018 04/01/2019 X l~i~TIITI' I ll?JH-AND EMPLOYERS' LIABILITY y / N s1000000 ANY PROPRIETOR/PARTNER/EXECUTIVE [ij] EL EACH ACCIDENT OFFICER/MEMBER EXCLUDED? N NIA (Mandatory In NH) EL DISEASE -EA EMPLOYEE s1 000,000 ~~~t~fF.5:j'rJ~ ~f~PERATIONS below EL DISEASE -POLICY LIMIT s1,000,000 A Technology E&O 7110081910012 ~4/01/2018 04/01/2019 Occurrence $3,000,000 / Aggregate $3,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: Leo Carrillo Ranch Audio Visual Upgrade The City of Carlsbad is Included as an Additional Insured re the above referenced project. CERTIFICATE HOLDER CANCELLATION City of Carlsbad / CMWD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1635 Faraday Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Carlsbad, CA 92008-7314 AUTHORIZED REPRESENTATIVE -11--e. ~ a I \ © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S23651810/M22768636 NESZP Policy Number: 7110081910012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS @VANTAGE FOR GENERAL LIABILITY TECHNOLOGY COMPANIES This endorsement modifies insurance provided under the foUowlng: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following schedule Usts the coverage extensions provided by this endorsement. Refer to the individual provisions to determine the extent of your coverage. SCHEDULE OF COVERAGE EXTENSIONS 1. Additional Insured -Broad Form Vendors 8. Coverage Territory-Worldwide 2. Additional Insured -by Contract, Agreement or Permit relating to: 9. Duties In Event of Occurrence, Claim or Suit 10. Expected or Intended Injury (PD) o Work performed by you 11. Incidental Medical Malpractice o Premises you own, rent, lease or occupy 12. Medical Payments o Equipment you lease 13. Mobile Equipment Redefined 3. Aggregate Limit Per Location 4. Blanket Waiver of Subrogation 14. Newly Acquired or Formed Organizations 16. Non-Owned Aircraft 6. Bodily Injury Redefined-Mental Anguish 16. Non-Owned Watercraft 6. Broadened Named Insured 17. Personal and Advertising Injury 7. Broadened Property Damage 18. Produd RecaU Expense o Borrowed Equipment 19. Supplementary Payments Increased Limits o Customers' Goods o Use of Bevators 1. ADDITIONAL INSURED -BROAD FORM VENDORS Section II -Who Is An Insured Is amended to Include as an additional insured any persa,(s) or organization(s) (referred to below as vendor) with whom ~ agreed In a written contract or agreement to provide Insurance, but only with respect to •bocfi1y Injury" or ·property damage" arising out of "your produds" which are distributed or sold in the regular coU"Se of the vendor's business, subject to the following additional exclusions: a. This provision 1 . does not apply to: (1) •Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liabi&ty in a contract or agreement. This exclusion does not apply to llablfrty for damages that the vendor would have in the absence of the contract or agreement; (2) Any express or in plied agreement not authorized by you; (3) Any physical or chemical change In the product made Intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of lnspedion, demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (6) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make In the usual course rl business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product, (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or •property damage• arising out of the sole negfigence of the vendor for its own ads or anissions or those of Its employees or anyone else acting on Its behalf. However, this exclusion does not apply to: VCG 745 KS 1113 Includes copyrighted material of Insurance Services Offioe, Inc. Copyright, OneBeacon Insurance Group UC E-INSUREO Page 1 of8 (a) The exceptions contained in Subparagraphs 4. or 8.; or (b) Such Inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, In connection with the distribution or sale of the products. (9) Any vendor, person or organization if the "products-completed operations hazard" Is excluded either by the provisions of the Coverage Form or by endorsement. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any Ingredient, part or container, entering Into, accompanying or containing such products. 2. ADDITIONAL INSURED-CONTRACT, AGREEMENT OR PERMIT L Section II -Who Is An Insured is amended to lndude as an ackfrtional insured any person(s) or organization(s) with whom you agreed in a written contract, written agreement or permit to provide Insurance such as is afforded under this Coverage Part 1. with respect to liabiHty for "bodily Injury", "property damage" or "personal and advertising injury" caused, in whole or In part, by your acts or omissions or the acts or omissions of those acting on yot.l' behalf: (a) In the performance of "your work" for the adcfdional instred(s) at the location designated in the contract, agreement or permit; or (b) In the maintenance, operation or use d equipment leased to you by such person(s) or organization(s),or (c) In connection with premises you own, rent, lease or occupy. 2. with respect to liabllity for "bodily Injury" or •property damage" caused, In whole or In part, by your acts or omissions or the acts or omissions of those acting on your behalf and occurring after: (a) All work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional Insured at the site of the covered operations has been completed; or (b) That portion d "your work" out of which the injury or damage arises has been put to its intended use by e11y person or organization other than another contractor or subcontractor engaged In performing operations for a principal as part d the same project This insurance applies on a primary or primary and non-contributory basis If that is required in writing by the contract. agreement or permit. b. The inslnl'lC8 provided to the additional insured herein is limited. This insuance does not apply: 1. Unless (a) the written contract, agreement or permit Is currently in effect or becomes effective during the term of this policy; and (b) the contract or agreement was executed or permit Issued prior to the "bodily injury", "property damage", or "personal and advertising injlfY"; 2. To any person or organization Included as an insured under the Additional Insured -Broad Form Vendors provision of this endorsement; 3. To any person or organizatioo included as an insl.l'ed by an endorsement issued by us and made part of this Coverage Part, 4. To any person or organization if the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or failure to render any professional architectural, engineering or surveying services by or for you Including: (a) The preparing, approving, or falling to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. 6. To any: (a) Lessor of equipment after the equipment lease terminates or expires; or VCG 746 KS 1113 Includes copyrighted material of Insurance Services Office, Inc. Page2of8 Copyright, OneBeacon Insurance Group LLC (b) Owners or other Interests from whom land has been leased; or (c) Managers or lessors of premises If: (1) The ·occurrence" takes place after you cease to be a tenant in that premises; or (2) The "bodily Injury", "property damage", "personal and advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. c. Umlts of Insurance applicable to the additional Insured are those specified In the contract. agreement or permit or In the Declarations of this policy, whichever is less, and fix the most we will pay regardless of the number of: 1. Insureds; 2. Claims made or •suits" brought; or 3. Persons or organizations making claims or bringing "suits". These Limits of Insurance are Inclusive of and not In addition to the Limits of Insurance shown In the Declarations. 3. AGGREGATE LIMIT PER LOCATION a. Under Section Ill -Umlts of Insurance, the General Aggregate Limit applies separately to each of your "locations" owned by or rented or leased to you. b. Under Section V -Definitions, the following definition is added: "Location· means premises involving the same or connecting lots, or premises whose connection Is Interrupted only by a street, roadway, waterway or right-of-way of a railroad. 4. BLANKET WAIVER OF SUBROGATION Section IV -Transfer of Rights of Recovery Against Others to Us Condition Is amended to add the following: We will waive any right of recovery we may have against any person or organization because of paymenls we make for lnjwy or damage arisilg out d your ongoing operations done under a written contract or agreement with that person or organization and Included in •your work" or the "produds-canpleted operations hazard". This waiver applies only to persons or organizations with whom you have a written contract. executed prior to the "bodily injury" or "property damage", that requires you to waive your rights of recovery. 6. BODILY INJURY REDEFINED -MENTAL ANGUISH Under Section V, the definition of "bodily injury" Is replaced by the following: "Bodily injury" means bodily injury, sickness, or disease sustained by a person, Including mental anguish or death resulting from any of these at any time. 6. BROADENED NAMED INSURED Section II -Who Is An Insured Is amended to include as an Insured the following: Any organization which Is a legally incorporated entity in which you own a financial Interest of more than 50 percent of the voting stock on the effective date of this endorsement will be a Named Insured until the 180111 day or the end of the policy period, whichever comes first, provided there Is no other similar insurance available to that organization. The insurance efforded herein does not apply to any entity which Is also an insured under another policy or would be an Insured under such po6cy but for Its termination or the exhaustion of its limits of insurance. VCG 745 KS 1113 Includes copyrighted material of Insurance Services Office, Inc. Page 3of8 Copyright, OneBeacon Insurance Group LLC 7. BROADENED PROPERTY DAMAGE -BORROWED EQUIPMENT, CUSTOMERS' GOODS AND USE OF ELEVATORS The insurance for "property damage• liability Is subject to the following: a. The Damage To Property exclusion under Section I Coverage A is amended as follows: 1. The exclusion for personal property in the care, custody or control of the insured does not apply to "property damage" to equipment you borrow while at a job site and provided it is not being used by anyone to perform operations at the time of loss. 2. The exclusions for (a) Property loaned to you; (b) Personal property in the care, custody or control of the insured; and (c) That particular part of any property that must be restored, repaired or replaced because •your work" was incorrectly performed on it do not apply to "property damage" to "customers' goods" while on your premises nor do they apply to "property damage" arising from the use of elevators at premises you own, rent, lease or occupy. SUbject to the Each Occurrence Limit, the most we wiD pay for "property damage" to •customers' Goods" is $35,000 per ·occurrence". b. Under Section V -Definitions, the foDowing definition is added: ·customers' Goods" means goods of your customer on your premises for the purpose of being: 1. Repaired; or 2. Used in your manufacturing process. c. The Insurance afforded by this provision Is excess over any other valid and collectible property insurance (including any deductible) avaUable to the Insured whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance -Excess provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 8. COVERAGE TERRITORY -WORLDWIDE The definition of •coverage territory" is replaced by the following: "Coverage territory" means anywhere provided the insured's responsibility to pay damages must be determined in a settlement we agree to or in a "suit" on the merits brought within the United States of America (Including its territories and possessions), Puerto Rico or Canada. 9. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Section IV -Duties In The Event Of Occurrence, Clalm or Sult is amended by adding the following paragraphs: a. The requirements that you must 1. notify us of an •occurrence· offense, dalm or "suit" and 2. send us documents concerning a dalm or "suit" apply only when such "accident" claim, "suit" or "loss" Is known to: 1. You, if you are an lndMdual; 2. A partner, if you are a partnership; 3. An executive officer of the corporation or insurance manager, if you are a corporation; or 4. A manager, if you are a limited liability company. b. The requirement that you must notify us as soon as practicable of an •occurrence" or an offense that may result In a claim does not apply if you report an "occurrence" to your workers compensation insurer which later develops into a liability daim for which coverage is provided by this policy. However, as soon as you have definite knowledge that the particular •occurrence• Is a liability claim rather than a workers compensation claim, you must comply with the Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition. VCG 745 KS 1113 Includes copyrighted material of Insurance Services Office, Inc. Page4of8 Copyright, OneBeacon Insurance Group LLC 10. EXPECTED OR INTENDED INJURY (PROPERTY DAMAGE) The Expected Or Intended Injury exclusion under Coverage A Bodily Injury and Property Damage is replaced by: "Bodily injury-or "property damage• expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily Injury-or "property damage• resulting from the use of reasonable force to protect persons or property. 11. INCIDENTAL MALPRACTICE-EMPLOYED PHYSICIANS, NURSES, EMT'S AND PARAMEDICS a. Under Section II -Who Is An Insured, the paragraph that excludes an employee or volunteer worker as insured for •bodily injury9 or "personal and advertising Injury-arising out of his or her providing or failing to provide professional health care services does not apply to a physician, dentist, nurse, emergency medical technician or paramedic employed by you if you are not engaged in the business or occupation of providing medical, paramedical, surgical, dental, x-ray or nursing services. b. The insurance afforded by this provision Is excess over any other valid and collectible insurance whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will foUow the Other Insurance -Excess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 12. MEDICAL PAYMENTS -INCREASED LIMITS AND TIME PERIOD In the Insuring Agreement under Coverage C Medical Payments, the requirement that expenses are Incurred and reported to us within one year of the date of the accident is changed to three years. a. The Mecfical Expense Linit is $15,000 per person or the amooot shown In the Declarations as the Medical Expense Limit, whichever is greater. b. This provision 12. does not apply If Coverage C -Medical Payments Is otherwise excluded either by the provisions of the Coverage Form or by endorsement. 13. MOBILE EQUIPMENT -SELF-PROPELLED SNOW REMOVAL, ROAD MAINTENANCE AND STREET CLEANING EQUIPMENT The folla.Nlng Is added to the "mobile equipmenr definition: Vehicles maintained prinarlly for purposes other than the transportation of persons or cargo that are self- propelled vehicles of less than 1,000 pounds gross vehicle weight with the following types of permanently attached equipment wlD be considered "mobile equipmert': a. Snow removal; b. Road maintenance, but not construction or resl.Jfacing; or c. Street cleaning. 14. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Under Section II -Who Is An Insured, the time period limitation for newly acquired or formed organizations is replaced by: Coverage under this provision is afforded only until the end of the current policy period. 16. NON-OWNED AIRCRAFT The Aircraft, Auto Or Watercraft exclusion under Coverage A Bodily Injury And Property Damage Liability does not apply to an aircraft that is: 1 Hired, chartered or loaned with a paid crew; and 2 Not owned by any Insured. VCG 745 KS 1113 Includes copyrighted material of Insurance Services Office, Inc. Copyright, OneBeacon Insurance Group LLC Page 5of8 a. The ir1Sl1'81"1Ce afforded by this provision 15. is excess over any other valid and collectible insurance (Including any deductible or Self lnsll'ed Retention) available to the insured, whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance- Excess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDmONS. 16. NON-OWNED WATERCRAFT a. Section 11-Who Is An Insured is amended to Include as an insured for any watercraft that is covered by this policy, any person who, with your expressed or implied consent, either uses or is responsible for the use of a watercraft. However, no person or organization is an insll'ed with respect to: 1. •Bodily injury" to a co-·employee" of the person operating the watercraft; or 2. •property damage• to property owned by, rented to, in the charge of or occupied by you or the emplo)'ef' of any person who is an insured l.llder this provision. b. In the exception to the Aircraft, Auto Or Watercraft exclusion under Coverage A Bodily Injury And Property Damage Liability, the limitation on the length of a watercraft Is inaeased to 55 feet. c. The insurance afforded by this provision 16. is excess over any other valid and collectible insurance (including any deductible or Self lnsll'ed Retention) available to the insured, whether such Inst.ranee is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance - Excess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDmONs. 17. PERSONAL AND ADVERTISING INJURY The following exclusions under the definition of •personal and advertising injury" are amended as follows: a. Insureds In Media Type Businesses •Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; or (2) Designing or developing content of websites for others. However, this exclusion does not apply to paragraphs 14 a., b. and c. of "personal and advertising injury" under the Definitions Section. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. b. Electronic Chatrooms Or Bulletin Boards •Personal and advertising injury• arising out of an electronic chatroom or bulletin board the insured hosts, owns, or maintains for others. 18. PRODUCT RECALL EXPENSE With respect to this Provision 18., the Recall Of Products, Work Or Impaired Property exclusion under Coverage A Bodily Injury And Property Damage LlabDity is deleted. a. The following is added to Section Ill -Limits Of Insurance section: 1. The Limits of Insurance shown in the Product Recall Schedule and rules below fix the most we will pay regardless of the number of (a) Insureds; (b) ·eovered recalls" initiated; or (c) Number of "your products· recalled. 2. The Product Recall Aggregate Limit is the most we will reimburse you for the sum of all "product recall expenses• incurred for all ·covered recalls" initiated during the policy period. 3. Subject to 2. above, the Each Product Recall Limit is the most we will reimburse you for the sum of all "product recall expenses• arising out of any one "covered reca11• for the same defect or deficiency. VCG 746 KS 1113 Includes copyrighted material of Insurance Services Office, Inc. Page 6 of 8 Copyright, OneBeacon Insurance Group LLC 4. Subject to 3. above, we will pay only the amount of "product recall expenses" In excess of the deductible amount shown In the Product RecaD Schedule. Products Recall Schedule Product Recall Aggregate Limit Each Product Recan Limit Each Product Recall Deductible $ 1,000 Umlts of Insurance $50,000 $25,000 If any limits and deductible other than those above are shown in the Declarations as the Products Recall Expense Limits, the amounts shown In the Declarations wiO replace the Limits of Insurance and deductible provided for this coverage. The Limits of Insurance for this coverage apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown In the Declarations, unless the policy period ls extended after Issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for the purposes of determining the Limits of Insurance. b. The following ls added to the Duties In The Event Of Occurrence, Offense, Claim Or Sult provision under Section IV -Conditions: You must see to it that the following are done in the event of an actual or anticipated "covered recaU- that may result in "product recall expense": 1. Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of "your product" and the reason for the withdrawal or recall; 2. Cease any further release, shipment, consignment or any other method of distribution of like or similar products until It has been determined that all such products are free from defects that could be a cause of loss under this Insurance; 3. As often as may be reasonably required, permit us to inspect y'Ollr product" that demonstrates the need for the "covered recall" and permit us to examine your books and records. Also permit us to take damaged and undamaged samples of "your products• for Inspection, testing and analysis; and permit us to make copies from your books and records; 4. Send us a signed, sworn, proof of loss containing the information we requested to settle the claim. You must do this within 60 days after our request. We will supply you with the necessary forms; and 5. Permit us to examine any Insured under oath, while not In the presence of any other insured and at such times as may reasonably be required, about any matter relating to this Insurance or your daim, including an lnsured's books and records. In the event of an examination, an lnsured's answers must be signed. c. The following definitions are added to the Definitions Section: 1. "Covered recall" means a recall made necessary because the insured or a government body has determined that a known or suspected defect, deficiency, Inadequacy or dangerous condition in "your product" has resulted In or will result In "bodily Injury" or "property damage•. 2. "Product Recall Expense" means: (a) The following necessary and reasonable expenses you incur exclusively for the purpose of recalling "your product": (1) For ocmmunlcations, including radio or television announcements or printed advertisements including stationery, envelopes and postage; (2) For shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; VCG 746 KS 1113 Includes copyrighted material of Insurance Services Oflic:e, Inc. Page7of8 Copyright, OneBeacon Insurance Group LLC (3) For remuneration paid to your regular "employees• for necessary overtime; (4) For hiring additional persons, other than your regular "employees"; (5) Incurred by "employees", including transportation and accommodations; (6) To rent additional warehouse or storage space: or (7) For disposal of "your products", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are required to avoid "bodily injury" or "property damage" as a result of such disposal, but ·product recall expenses• does not include costs of regaining your market share, goodwill, revenue or profit. {b) "Product Recall Expense" does not Include any expenses resulting from: (1) Failu'e of any product to accomplish its intended purpose; (2) Breach of warranties of fitness, quality, durability or performance; (3) Loss of customer approval, or any cost Incurred to regain customer approval; (4) Redistribution or replacement of "your product" which has been recaled by Hke products or substitutes: (5) Caprice or whim of the insured: (6) A condition likely to cause loss of which any insu-ed knew or had reason to know at the inception of this inSlnnce; and (7) Recall of "your products" that have no known or suspected defect solely because a known or suspected defect in another c:A "your products• has been fould 19. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS Under Section I -Coverages, Supplementary Payments -Coverages A and B, paragraphs 1.b. and 1.d. are replaced by the following: b. Up to $2,500 for cost of ball bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury LiabDity Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suif', including actual loss of eamings up to $500 a day because of time off from work. VCG 746 KS 1113 Includes copyrighted material of Insurance Services Office, Inc. Page8of8 Copyright, OneBeacon Insurance Group LLC WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attached clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on April O 1, 2 O 18 at 12:01 A.M. standard time, forms a part of (DATE) Policy No. 406-01-69-15-0011 of the Atlantic Specialty Insurance Company (NAME OF INSURANCE COMPANY) issuedto AVI SYSTEMS, INC. Premium (if any) $ Endorsement No. Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. {This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 . o o % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ALL PERSONS OR ORGANIZATIONS ON FILE WITH THE INSURED WC 252 (04 84) Copyright 1984, OneBeacon Insurance Group LLC E-INSURED Policy Number: 7110081910012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. @VANTAGE FOR AUTOMOBILE This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following schedule lists the coverage extensions provided by this endorsement. Refer to the individual provi- sions to determine the extent of your coverage. SCHEDULE OF COVERAGE EXTENSIONS 1. Aclclitional Insured By Contract 12. Employee Hired Autos 2. Airbag Discharge 13. Fellow Employee Exclusion 3. Auto Theft Reward 14. Glass Repair -Waiver of Deductible 4. Blanket Waiver of Subrogation 16. Hired Auto Physical Damage Coverage 5. Bodily Injury Redefined -Mental Anguish 16. Lease Gap Coverage 6. Broad Form Named Insured 17. Liability Coverage -Supplementary Payments 7. Communications Equipment 18. Newly Formed or Acquired Organizations 8. Diminution in Value 19. Physical Damage -Transportation Expenses 9. Drive Other Car -Executive Officers 20. Rental Reimbursement -Private Passenger 10. Duties In The Event of Accident, Clam, Suit or Loss Vehides 11. Employees As Insureds 21. Towing-Any Covered Auto 1. ADDITIONAL INSURED BY CONTRACT The Who Is An Insured provision under SECTION II -LIABILITY COVERAGE is amended to Include as an additional "insured" any person or organization with whom you agreed In a written contract, written agreement or permit, to provide insurance such as is afforded under this Coverage Form. Such person or organization is an "insured" only with respect to liabDity for "bodily injury" or "property damage" caused, in whole or in part by your maintenance, operation or use of your covered "autos". With respect to the insurance afforded to these additional "insureds", this insurance does not apply: a. Unless the written contract or agreement has been executed or the permit has been issued prior to the "bodily injury" or •property damage"; b. To any person or organization lnduded as an "Insured" by endorsement or In the Dedaratlons; or c. To any lessor of "autos" when their contract or agreement with you for such leased "auto" ends. 2. AIRBAG DISCHARGE If you purchased physical damage coverage for a covered "auto• under this policy, we wm pay to reset or re- place an airbag that accidentally discharges without the vehide being involved in an accident. No deductible applies to this additional coverage. However, this coverage only applies if the airbag Is not covered under a manufacturer's warranty and you did not intentionally cause the airbag to discharge. 3. AUTO THEFT REWARD We will pay up to a $2,000 reward in the event of a covered loss, for information leading to the arrest and conviction of anyone stealing a covered "auto". A reward will not be paid to you, a family member, employee or any public official while performing their duty. 4. BLANKET WAIVER OF SUBROGATION The Transfer Of Rights of Recovery Against Others To Us condition under SECTION IV -BUSINESS AUTO CONDmONS, paragraph A. LOSS CONDITIONS is replaced by the following: We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of the operation of a covered "auto" when you have assumed liability for such "bodily Injury'' or "property damage" under an "insured contract", provided the contract is in writing and executed prior to the "bodily injury" or "property damage". 5. BODILY INJURY REDEFINED -MENTAL ANGUISH The definition of "bodily injury" under SECTION V -DEFINITIONS Is replaced by the following: "Bodily injury" means bodily injury, sickness, or disease sustained by a person, induding mental anguish or death resulting from any of these at any time. VCA2010109 Includes copyrighted material of Insurance Services Office, Inc. Copyright 2004, OneBeacon Insurance Group LLC E-INSURED Page 1 of5 6. BROAD FORM NAMED INSURED a. The Who Is An Insured provision under SECTION II -LIABILITY COVERAGE is amended to include the following: Ally organization which is a legally incorporated entity in which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Fonn will be a Named Insured until the 180111 day or the end of the policy period whichever comes first, provided there is no other similar insu-ance aval I- able to that organization. b. Paragraph a. of this provision 6. does not apply to "bodily injury" or "property damage• for which an "in- sured" is also an "insured" under any other automobile policy or would be an "insured" under such a poli- cy, but for its tennination or the exhaustion of its Limit of Insurance. 7. COMMUNICATIONS EQUIPMENT a. The exclusion for electronic equipment under Exclusions of SECTION Ill -PHYSICAL DAMAGE COVERAGE does not apply to loss of any pennanently installed, non-removable communications equip- ment designed for use as a: 1. Citizen's band radio; 2. Two-way mobile radio or telephone; 3. Scanning monitor receiver; or 4. GPS Navigation System, including its antema and other accessories. b. No Deductible applies to this additional coverage. c. The most we will pay for this coverage is $5,000 per occurrence. 8. DIMINUTION IN VALUE The "diminution in value" exclusion under SECTION Ill -PHYSICAL DAMAGE COVERAGE, B. Exclusions does not apply if the covered "auto" is a private passenger "auto" and is leased, rented, hired or borrowed without a driver for a period of 30 days or less and is used in the conduct of the insured's business. The most we will pay for "loss" arising out of an "accident" is the lesser of $7,500 or 20% of the actual cash value of the "auto• as detennined by Keney Blue Book or other independent valuation sources. 9. DRIVE OTHER CAR -EXECUTIVE OFFICERS a. The Who Is An Insured provision under SECTION II -LIABILITY COVERAGE is amended to Include: If you are designated in the Declarations as: 1. All individual; you and your spouse. 2. A partnership; your partners and their spouses. 3. All organization other than an individual or a partnership; your "executive officers" and their spouses. b. SECTION II -LIABILITY COVERAGE and SECTION Ill -PHYSICAL DAMAGE COVERAGE are ex- tended to include "autos" you don't own, hire, lease or borrow while in the care, custody or control of an "insured" listed in 9.a. This does not include any "auto": 1. Owned by any "insured• listed in 9.a., or any member of their household, including any such "auto" that is owned but not insured; 2. Used by an "insured" listed in 9.a. while working in the business of selling, selVicing, repairing or parking autos; or 3. Insured under another policy of insurance. If Medical Payments, Uninsured/Underlnsured Motorist, Personal Injury Protection or other compulsory coverages required by the governing jurisdiction are covered on this policy, then insureds listed in 9.a. above and family members residing in the same households are "insureds" while: 1. Occupying as a passenger; or 2. A pedestrian when struck by, any "auto" you do not own, hire, lease or borrow, except any "auto" owned by that "insured" listed in 9.a, their family members or an "auto" insured under any other policy. c. The limits and deductibles applicable to this provision will be the largest applicable to any owned "auto" for the specific insurance. Page2of5 Includes copyrighted mater1al of lnsllllllCe Services Oflloe, Inc. VCA2010109 CoJ¥ight 2004, OneBeacon Insurance Group LLC d. The following definition is added to the DEFINITIONS section of the policy: "Executive officer" means a person holding any of the officer positions created by your charter, consti- tution, by-laws or any similar goveming document. e. The Other Insurance Condition, under Section IV-BUSINESS AUTO CONDITIONS, does not apply to the provisions of this Drive Other Car endorsement. There Is no "other insurance" applicable to this en- dorsement. 10. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Under SECTION IV -BUSINESS AUTO CONDITIONS -the Duties In The Event Of Accident, Clalm, SUit Or Loss Condition is amended as follows: The requirements that you must a. Notify us of an "accidenf', dalm, "suit" or "loss"; and b. Send us documents concerning a claim or "suit", apply only when such "accident", daim, "suit" or "loss" is known to: a. You, if you are an Individual; b. A partner, If you are a partnership; c. An executive officer of the corporation or Insurance manager, if you are a corporation; or d. A manager, if you are a limited liability company. 11. EMPLOYEES AS INSUREDS The Who Is An Insured provision under SECTION II -LIABILITY COVERAGE is changed by adding the fol- lowing: Any "employee" of yours while using a covered "auto" you don't own, hire or borrow In your business or your personal affairs. This coverage Is excess over any other collectible Insurance. 12. EMPLOYEE HIRED AUTOS The following Is added to the Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contact or agreement In that "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. For purposes of this coverage grant, paragraph 5.b. of the Other Insurance Condition In the Business Auto Coverage Form is replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: 1. Any covered "auto• you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employee" under a contract in that Individual "employ- ee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto• that Is leased, hired, rented or borrowed with a driver is not a covered "auto". This coverage is excess over any other collectible insurance. 13. FELLOW EMPLOYEE EXCLUSION The Fellow Employee exdusion under SECTION U -LIABILITY COVERAGE does not apply if the "bodily in- jury" results from the use of a covered •auto" you own or hire. This coverage is excess over any other insur- ance. 14. GLASS REPAIR -WAIVER OF DEDUCTIBLE Under paragraph D. -Deductible -of SECTION Ill -PHYSICAL DAMAGE COVERAGE, the following Is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. HIRED AUTO -PHYSICAL DAMAGE COVERAGE If hired "autos" al! covered "autos" Wlder SECTION II -LIABILITY COVERAGE and if Comprehensive, Speci- fied Causes of Loss, or Colllslon coverages are provided ll'lder this policy for any "auto" you own, then SECTION ID -PHYSICAL DAMAGE COVERAGE Is extended to "autos" you hire, subject to the foll<Ming linit The most we will pay for "loss" to any hired "auto" is the lesser of: a. $75,000 for "autos" of the private passenger type and $50,000 for all other "autos"; VCA2010109 Includes copyrighted material of Insurance Services Office. Inc. Copyright 2004, OneBeacon Insurance Group LLC Page 3 of5 b. The actual cash value; or c. The cost of repairing or replacing It with other property of like kind or quality. The deductible will be equal to the largest deductible applicable to any owned •auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto• you own. We will also cover loss of use of the hired "auto" If the following conditions are met a. It results from an accident; b. You are legally liable; and c. The lessor incurs an actual financial loss. The most we will pay for this loss of use coverage is $1,000 per "accident". 16. LEASE GAP COVERAGE Under paragraph C. Limit of Insurance -of SECTION Ill -PHYSICAL DAMAGE COVERAGE, the following Is added: If a covered "auto• Is leased, we will also pay the difference between the actual cash value of a covered •au- to" at the time of "loss" and the remaining balance on your lease If the following conditions are met a. The "auto" has a long tenn lease and is covered on this policy. b. The lessor is added as an Additional Insured in a written lease agreement c. You are legally obligated for the remaining balance. We will not pay for any anounts representing excess wear and tea-charges; additional mileage charges; taxes; overdue payments; penalties, Interest or charges resuting from overdue payments; or lease termination fees. 17. LIABILITY COVERAGE EXTENSIONS-SUPPLEMENTARY PAYMENTS Under SECTION II -LIABILITY COVERAGE, the Coverage Extension for Supplementary Payments is re- vised as follows: a. The limit for the cost of bail bonds Is amended to $3,500. b. The limit for reasonable expenses Incurred by the "insured" is amended to $500 a day. 18. NEWLY FORMED OR ACQUIRED ORGANIZATIONS a. The Who Is An Insured provision under SECTION II -LIABILITY COVERAGE Is amended to include as an •insured" any organization that is fonned or acquired by you and over which you maintain majority ownership. b. Paragraph a. of this provision 18. does not apply to any organization: 1. That Is a joint venture or partnership; 2. That Is an "Insured" under any other policy; 3. That has exhausted Its Limit of Insurance under any other policy; or 4. 180 days or more after its acquisition or formation by you, unless you have given us notice of the ac- quisition or formation. c. Paragraph a. of this provision 18. does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. 19. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES COVERAGE Under SECTION 111-PHYSICAL DAMAGE Coverage Extensions, the limit for Transportation Expenses is amended to $75 per day and the maxinum is amended to $2,250. 20. RENTAL REIMBURSEMENT We will pay for rental reimtusement expenses Incurred by you for the rental of an "auto" of the private passenger type because of ioss" to a "covered auto" of the private passenger type. Payment applies in addition to the other- wise applicable amount of each coverage you have on a "covered auto". No deductibles apply to this coverage. We will pay those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, six (6) days after the "loss". Page 4 of5 Includes copyrighted material of Insurance Services Office, Inc. VCA2010109 Copyright 2004, OneBeacon Insurance Group LLC Payment is limited to the lesser of the following amounts: 1. Necessary and actual expenses incurred. 2. The maximum daily payment of $25 for any one day. This coverage does not apply while there are spare or reserve "autos" available to you. If '1oss" results from the total theft of the private passenger "auto", we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the PHYSICAL DAMAGE COVERAGE Extension. 21. TOWING -COVERED AUTOS Under SECTION Ill -PHYSICAL DAMAGE COVERAGE, Coverage for Towing is amended as follows: a. This coverage applies to any covered "auto• for which a premium charge for towing and labor is shown in the Schedule or in the Declarations. b. The limit is $100. VCA2010109 Includes copyrighted material of Insurance Services Office, Inc. Page5 of5 Copyright 2004, OneBeacon Insurance Group LLC