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AVI Systems Inc; 2019-03-15;
DocuSign Envelope ID: 175CA986-4685-460E-8A0E-1A6E9C9A7EB6 Project: Library Learning Center Upgrades -AVI Systems, Inc. • , Chao,ge Order No.1 CONTRACT CHANGE ORDER NO. 1 PROJECT: Library Learning Center Upgrades -AVI Systems, Inc. P.O. NO. P137123 ACCOUNT NO. 0019009 -9006 / 95371 -9006 CONTRACTOR: AVI Systems, Inc ADDRESS: 7270 Trade Street, Ste. 102 San Diego, CA 92121 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs and is expressly agreed between· the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. Pursuant to the Standard Specifications for Public Works Construction, perform the following: Item 1: Description Total cost not to exceed ............................................................. $32,863.83 TOTAL INCREASE TO CONTRACT COST .................................................... $0 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY 15 WORKING DAYS AS A RESULT OF THIS CHANGE ORDER. APPROVED BY: ~tUA, (J.ltJsl,,, 4/25/2019 (DATE) (DATE) APPROVED AS TO FORM: CITY ATTORNEY (DATE) 2 , ~hange Order AVI Systems Inc., 7270 Trade St, Suite 102 San Diego, CA, 92121-2384 I Phone: (858)653-4300, Fax: (858)695-7844 Proposal Date: April 22, 2019 Proposal Number: 942199 Prepared For: Carlsbad, City of Attn: AP Dept Change Order: Interactive Whiteboard-Swap Customer PO: P137123 Prepared By: Ryan Walsh Phone (858)653-4339 Project: Learning Library Upgrades Project Number: 944544 Email: ryan.walsh@avisystems.com BILL TO Attn: AP Dept Carlsbad, City of SITE Attn: Carrie Scott Learning Library 3368 Eureka Pl. Carlsbad, CA, 92008 Phone: 1635 Faraday Ave Carlsbad, CA, 92008-7314 Phone: (760)602-2460 Email: Email Carrie.Scott@carlsbadca.gov Customer Number: 542100 COMMENTS PRODUCTS AND SERVICES SUMMARY SERVICES TO BE PROVIDED Equipment Integration PRO Support Shipping & Handling Tax Grand Total $-918.24 $0.00 $0.00 $0.00 $-71.16 $-989.40 Startron Interactive whiteboard will be replaced by a DALITE interactive whiteboard for EPSON projectors. PRODUCTS AND SERVICES DETAIL PRODUCTS: Model# Description Computer Lab H120-2F7G-20HD-2715 Starton Inc Size L 106.3" H59.06" D1 .34" 120 inch/Aspect ratio16:9/0.60mm Ceramic-steel, i7 /RAM 16G/SSD256G V11 H878520W EPSON Powerlite ?00U Ultra-Short Throw Laser Projector, WUXGA, 3LCD, with Wall Mount Sub-Total: Computer Lab -1 $7,830.00 -1 $2,340.24 Extended $-7,830.00 $-2,340.24 $-10, 170.24 • ' AN3WA100 V11 H726520W DA-LITE EPSON EPSON ALL-IN-ONE WHITEBOARD 100D BrightLink Pro 1460Ui Projector+ wall mount Sub-Total: Total: Refer to Page 1 for the Grand Total that includes Taxes, and Shipping & Handling. AGREED AND ACCEPTED BY $6,254.00 $2,998.00 $6,254.00 $2,998.00 $9,252.00 $-918.24 Customer hereby accepts the above change to goods and/or services from AVI Systems, Inc and agrees to add this Change Order to the original Retail Sales Agreement. Unless stated otherwise in the "Change Order Summary" above, AVI will include all applicable taxes and delivery charges to the amount of each invoice. Pricing in this Change Order is valid for 30 days. Company Signature Printed Name Date CONFIDENTIAL INFORMATION The company listed in the "Prepared For" line has requested this confidential price quotation, and shall be deemed "Confidential Information" as that term is defined in the T&Cs. This information and document is confidential and is intended solely for the private use of the customer identified above. Customer agrees it will not disseminate copies of this quote to any third party without the prior written consent of AVI. Sharing a copy of this quote, or any portion of the Agreement with any competitor of AVI is a violation of this confidentiality provision. If you are not the intended recipient of this quote (i.e., the customer), you are not properly in possession of this document and you should immediately destroy all copies of it Printed on April 22, 2019 Page 2 of 2 942199 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT LIBRARY LEARNING CENTER AUDIO VISUAL UPGRADES ($60,000 or Less) This agreement is made on the l ~ day of Mo-.r:0\J\..< , 2oti_, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and AVI Systems, Inc. whose principal place of business is 7270 Trade Street, 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: ~~.t..n+:: Gerloe< ( ity 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. LIBRARY LEARNING CENTER AV UPGRADE Page 1 of 12 City Attorney Approved 1/25/2019 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: 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 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. LIBRARY LEARNING CENTER AV UPGRADE Page 2 of 12 City Attorney Approved 1/25/2019 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 _]_Q__ working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 60 working days after receipt of Notice to Proceed. CONTRACJOR'S INFORMATION. A\J l S'1sh~\~) 1(\c (nam~ of Contractor) · 1~15q1o (Contractor's license number) j I {-] -Low Vi,\tjC:. 5t3l_lblO (license class. and exp. ate) ID000)~'37~ (DIR registration number) "l;bJ ·101q (DIR r gistr tion ex~. date) 7270 T<~Je ~l, Suite. {Dl (street address) S&1V\ Oitjo, cA 1llL\ -}384 , (city/state/zip) BS-S -1.:, <;3-4~o o (tel;Phone no.) 85"B--h~~ -78<-t~ (fax no.) ~j(A~. w.:, h½ e tj\J\<;;J slewi.,. (()W\_ (e-mail addre s) 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 A.VI SYSTEMS 1 { IVC... CITY OF CARLSBAD, a municipal corporation of the State of California By: '.J?o ncl', J1<K t-1,..... (sign here) RAtvD I BorLTI--\ ' C.FO (print name/title) By: :I:::e~<r:S~ (signhere},.) >4-v//~ 7!:>"",']+i,,,_.,1 • A-vi' (print nan?ettitle) LIBRARY LEARNING CENTER AV UPGRADE By: r~ Q L .._____,__ Assistant City Manager, Deputy City Manager or Department Director as authorized by the City Manager BARBARA ENGLESON City Clerk Page 3 of 12 City Attorney Approved 1/25/2019 If required by City, proper notarial acknowledgment of execution by Contractor must be attached . .!f.E. 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: CELIA A. B/;f WEf} o(J Attorney BY: f l;{A)l ~ Assistant City Attorney LIBRARY LEARNING CENTER AV UPGRADE Page 4 of 12 City Attorney Approved 1/25/2019 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 Project to Business Name and Address DIR Registration License No., %of be Subcontracted No. Classification & Total Expiration Date Contract None ' Total% Subcontracted: _0_0_Yo ____ _ LIBRARY LEARNING CENTER AV UPGRADE Page 5of 12 City Attorney Approved 1/25/2019 EXHIBIT B (ENTER SCOPE OF WORK, SPECIFICATIONS, CONTRACTOR'S PROPOSAL, ETC.) PRODUCTS AND SERVICES SUMMARY Equipment Integration PRO Support Shipping & Handling Tax Grand Total SERVICES TO BE PROVIDED JOB QUOTATION A. System Description: Four Library rooms will receive AV upgrades by AVI systems. • Group 14 Room $19,008.45 $11,635.62 $835.00 $506.00 $1,497.00 $33,482.07 • AVI to reuse existing Sony VPL-PHZl0 projector (AVI assumes projector is in fully functional condition) and will move the projector to the appropriate distance for the new Da-Lite projector screen. • (1) Da-Lite electric screen will be mounted with a low voltage switch to operate thescreen • Audio is assumed to be from the OFE Sony projector as it has not been requested. • Carlsbad to provide electrician to connect power to the new Da-Lite electric screen and move power to new projector location. • Computer Lab • AVI will install (1) MaxPad 120" interactive whiteboard with short throw projector. The short throw Epson projector will be mounted above the Whiteboard on specified Chief mounting hardware. • A Crestron HDMI extender will allow the HDMI PC connection to be integrated into the HDMI / USB input of the MaxPad to allow for presentations. • Audio is assumed to be from the Epson projector or OFE PC as it has not been requested . • • Room 113 / High School Room • AVI will install (1) Barco Clickshare (CSE-200) behind the OFE display. An existing VGA wall plate shall be replaced with a HDMI wall plate that provides a pass-thru for network. City of Carlsbad shall provide network to wall plate location. • End user cables with a digital adaptor ring shall be provided. B. Exclusions: The following work is not included in our Scope of Work: • All conduit, high voltage, wiring panels, breakers, relays, boxes, receptacles, etc. • Structural/ bracing/ backing modifications needed to mount equipment LIBRARY LEARNING CENTER AV UPGRADE Page 6 of 12 City Attorney Approved 1/25/2019 • 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. • All millwork (moldings, trim, cut outs, etc.). • Patching and Painting. • Permits (unless specifically provided for and identified within the contract). C. Construction Considerations: In order to accomplish the outlined goals of this project, the Customer will be responsible for contracting with an outside entity to make the necessary modifications to the space as directed by AVI Systems. The costs associated with these modifications are not included in this proposal. • 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 Customer and their contractors includes electrical and data placement per AVI Systems specification. • Site preparation will be verified by AVI Systems 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 project manager. • In the event of any arrival to site that AVI Systems is not able to execute work and definable progress, the Customer 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 Customer and rescheduling of the integration effort is agreed upon. • Rescheduling and redeployment of AVI Systems technicians due to unacceptable site preparation may cause scheduling delays of up to 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 multiple-day integration. • If Customer 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. • All Network configurations including IP addresses are to be provided, operational and functional before AVI Systems integration begins. AVI Systems will not be responsible for testing the LAN connections. • Cable or Satellite drops 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 ti me and materials. • Document review/ feedback on drawings/ correspondence will be completed by the Customer within two businessdays • The documented Change Control process will be used to the maximum extent possible -the Customer will have an assigned person with the authority to communicate/approve project Field Directed Change Orders and Contract Change Orders (see Appendix) • In developing a comprehensive proposal for equipment and integration services AVI Systems' Sales Representatives and Engineering teams must make some assumptions regarding the physical construction of your facility, the availability of technical infrastructure and site conditions for installation. If any of the conditions we have indicated in the site survey form are incorrect or have changed for your particular project or project site, please let your Sales representative know as soon as possible. Conditions of the site found during integration effort which are different from those documented may have an effect on the price of the system solution, integration or services. To ensure that you have an accurate proposal based on your facility and specific to the conditions of your project, please review all project documentation carefully. LIBRARY LEARNING CENTER AV UPGRADE Page 7 of 12 City Attorney Approved 1/25/2019 D. Integration Project Management Processes AVI Systems 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 Customer 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 (see Appendix) • Project Punch List/ Substantial Completion (see Appendix) -at Customer walk-through -prior to Service transition (if purchased) E. Knowledge Transfer (Training) This is geared specifically towards the end-user / operator. The purpose of this knowledge transfer is to provide operators with the necessary knowledge to confidently and comfortably operate all aspects of the integrated system. 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 system via control system • 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 Integration Scope of Work/Responsibilities AVI Systems will provide services/work for the project as described above in the Scope of Work, or per the attached separate Scope of Work document detailing the scope of work to be performed. AVI Systems Responsibilities • 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, validation and testing • Provide project timeline schedules • Provide necessary information, as requested, to the owner or other parties involved with this project to insure that proper AC electrical power, cableways, conduits and/or structural support/backing are provided to properly integrate the equipment within the facilities • Provide manufacturer supplied equipment documentation • Provide final documentation and "as built" system drawings (CAD) • Provide system training following integration to the designated Customer Representative or team member(s) Customer Responsibilities 1. Provide for the construction or modification of the facilities for soundproofing, lighting, electrical, HVAC, LIBRARY LEARNING CENTER AV UPGRADE Page 8 of 12 City Attorney Approved 1/25/2019 structural support of equipment, and decorating as appropriate 2. Provide for the ordering, provisioning, installation, wiring and verification of any Data Network (LAN, WAN, Tl, ISDN, etc.) and Telephone Line (Analog or Digital) equipment and services prior to on-site integration 3. Provide all necessary cableways and/or conduits required to facilitate AV systems wiring 4. Provide all necessary conduit, wiring and devices for technical power to the AV systems equipment 5. Provide reasonable access for AVI Systems personnel to the facilities during periods of integration, testing and training, including off-hours and weekends. 6. Provide for the construction or modification of the facilities for soundproofing, lighting, electrical, HVAC, structural support of equipment, and decorating as appropriate 7. Provide for the ordering, provisioning, installation, wiring and verification of any Data Network (LAN, WAN, Tl, ISDN, etc.) and Telephone Line (Analog or Digital) equipment and services prior to on-site integration PRODUCTS AND SERVICES DETAIL Model# Mfg Description ~ Price Computer Lab H D-EXT-USB-2000-C CRESTRON 4K HDMI® & USB over HDBaseT® Extender $853.66 2000 C2G-27365 C2G 2m USB AIM to MICRO B/M 1 $7.41 C2G-28106 C2G 2m USB 2.0 A MALE/A MALE 1 $2.51 CBL-HD-3 CRESTRON Crestron® Certified HDMI® Interface Cable, 18 1 $24.39 Gbps, 3 ft (0.91 m) CBL-HD-12 CRESTRON Crestron® Certified HDMI® Interface Cable, 18 $42.68 Gbps, 12 ft (3.6 m) V11 H878520W EPSON Powerlite 700U Ultra-Short Throw Laser $2,340.24 Projector, WUXGA, 3LCD, with Wall Mount AVI-TBD-MATERIAL STARTON Max Pad-120" Interactive Whiteboard $7,830.00 Sub-Total: Computer Lab Group Room 14 39154LS DA-LITE CONTOUR TNSD 106D HD1.1 $2,637.80 SYSAUW CHIEF SYSTEM SUSP CEILING PROJ 0-12" WHITE $326.34 PS410 TRIPPLITE POWER STRIP 4OUT 15A 1 O' $17.43 Sub-Total: Group Room 14 High School Room R9861520NA BARCO ClickShare-200 Set NA, Incl Ba $1,395.00 HD-TX-201-C-2G-E-W-T CRESTRON DM Lite -HDMI® over CATx Transmitter & 2x1 $579.27 Auto-Switcher wNGA & Analog Audio, Wall Plate, White Te HD-RX-101-C-E CRESTRON DM Lite -HDMI® over CATx Receiver, Surface $201.22 Mount CBL-HD-3 CRESTRON Crestron® Certified HDMI® Interface Cable, 18 $24.39 Gbps, 3 ft (0.91 m) CBL-HD-12 CRESTRON Crestron® Certified HDMI® Interface Cable, 18 $42.68 Gbps, 12 ft (3.6 m) DL-AR1883 DIGITALINX DIGITALINX HDMI ADAPTER RING $74.76 (DisplayPort, Mini DisplayPort, and USB-C) PS410 TRIPPLITE POWER STRIP 4OUT 15A 10' $17.43 Sub-Total: High School Room Extended $853.66 $7.41 $2.51 $24.39 $42.68 $2,340.24 $7,830.00 $11,100.89 $2,637.80 $326.34 $17.43 $2,981.57 $1,395.00 $579.27 $201.22 $24.39 $42.68 $74.76 $17.43 $2,334.75 LIBRARY LEARNING CENTER AV UPGRADE Page 9 of 12 City Attorney Approved 1/25/2019 Room 113 R9861520NA BARCO ClickShare-200 Set NA, Incl Ba CPU WALL MOUNT U-STYLE $1,395.00 KSA1023B CHIEF H D-TX-201-C-2G-E-W-T CRESTRON HD-RX-101-C-E CRESTRON CBL-HD-3 CRESTRON CBL-HD-12 CRESTRON DL-AR1883 DIGITALINX PS410 TRIPPLITE PRO SUPPORT: DM Lite -HDMI® over CATx Transmitter & 2x1 Auto-Switcher wNGA & Analog Audio, Wall Plate, White Te DM Lite -HDMI® over CATx Receiver, Surface Mount Crestron® Certified HDMI® Interface Cable, 18 Gbps, 3 ft (0.91 m) Crestron® Certified HDMI® Interface Cable, 18 Gbps, 12 ft (3.6 m) DIGITALINX HDMI ADAPTER RING (DisplayPort, Mini DisplayPort, and USB-C) POWER STRIP 4OUT 15A 10' Sub-Total: Room 113 Integration Engineering & Drawings Project Management Cable Placement In Shop Fabrication On Site Integration Integrations Cables & Connectors Testing & Acceptance Sub-Total: Integration Model # Mfg Description ~ Price Extended AVISSACUSTOM AVI SYSTEMS System Support Agreement 1.0000 $835.00 $835.00 $50.49 $579.27 $201.22 $24.39 $42.68 $74.76 $17.43 $1,395.00 $50.49 $579.27 $201.22 $24.39 $42.68 $74.76 $17.43 $2,385.24 $784.60 $3,327.68 $770.76 $118.46 $6,012.59 $307.69 $313.84 $11,635.62 LIBRARY LEARNING CENTER AV UPGRADE Page 10 of 12 City Attorney Approved 1/25/2019 EXHIBITC LABOR AND MATERIALS BOND Bond # 30032536 WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to AVI Systems, Inc. (hereinafter designated as the "Principal"), a Contract for: LEARNING LIBRARY AUDIO VISUAL UPGRADE in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, AVI Systems, Inc. as Principal, (hereinafter designated as the "Contractor''), and Western Surety Company _______________ as Surety, are held firmly bound unto the City of Carlsbad in the sum of Thirty Three ThQllsaod Four Hundred Eiobty Two Dollars & 07/100 ________________________ Dollars ($ 33 482 DZ**** ), 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. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. LIBRARY LEARNING CENTER AV UPGRADE Page 11 of 12 City Attorney Approved 1/25/2019 In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this ______ day of February 20~. CONTRACTOR: AVI Systems, Inc. (name of Contractor) By: ''x 'o Y"('\L') Bru rh, ' (sign here) Rl~NDI 130iLT¼ (print name here) CH IES f:\"-IANC{A.L Off lC.EK .. (title and organization of signatory) By: --P~ -~ .. -.-:ff-._? (sign here) (print name here) 7 /irl:'t.1 t~c. e· ~<J; / c-.1 ·-r (title and organization of signatory) Executed by SURETY this _1_8_th ____ day of February SURETY: ,20~. Western Surety Company (name of Surety) 333 S. Wabash Avenue, Chicago, IL 60604 (address of Surety) 952-285-3409 of Surety) Gail T. Hayes (printed name of Attorney-In-Fact) (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: CELIAA.BREW~ Q CltyAttoma By: ____.., Assistant City Attorney LIBRARY LEARNING CENTER AV UPGRADE Page 12 of 12 City Attorney Approved 1/25/2019 State of :k O :::00.QO County of ~'Y\.P <n::-,.,,> ACKNOWLEDGMENT OF PRINCIPAL On this I 'i ,-...._ day of ~ ~i'i before me a Nota.ry Public in and for the State of ':-k, a lX>O O personal appear_ed ~Q ncL, 1 B~. know to me to be the Cb, q,A 1Aih c ro,;i!I ~~he principal described in the within instrument and who e cuted the same and acknowledge to me that he/she executed the same for on behalf of the said principal. {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 NORTH DAKOTA County of __ c_A_s_s_______ } February 18, 2019 nar r1.cd-e...-e (!_ · L d k.k-el/\ c.s On ______ ..,..,.. ________ before me, --~---~=.,,.,.,.....,,,,.,,,..,.,,,,,.,.... ...... _1 ___ ._ , ___ _ Date Name and Trtle of Notary personally appeared _____ G_a_il_T_. _H_ay_e_s _______________________ _ Name and or Namee of Slgner(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 acknowleqged to me that he/she/they executed the same In his/her/their authorized capaclty(les), and that by his/her/their signature(s} on the Instrument the person(s), or the entity 1,1pon 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. CARNALEE C. LYKKEN Notary Public ◄ State of North Dakota • ◄ My Commission Expires Jan. 31, 2023 • Place Notary Public Saal Above ___________ OPTIONAL ___________ _ Though the lnfonnatlon below Is not required by law, It may prove valuable to the persons relying on the document and could prevent fraudulent removal end 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 -Tltle(s):, ______ _ □ Partner -□ Limited □ General □ Guardian or Conservator l8l Attorney-In-Fact D Trustee D Other: ----------Signer Is representing ____ _ Great American Insurance Company l!l(,tlTTI IU\IUf'tllNf OJ ~,~;r,u, Topoflhumb D Individual D Corporate Officer-Tltle(s): ______ _ D Partner -□ Limited □ General D Guardian or Conservator D Attorney-In-Fact D Trustee D Other: ----------Signer is representing ____ _ tll(,HT Tl ili',IIJl'l ,INf lJI •~K,t1U1 ltlpollhllmb ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Daniel W Werner, Gail T Hayes, Joan R Kjonaas, Zared Lefor, Kim Burnham, Phoebe L Kuntz, Michael J Doub, Anthony Gross, Charles P Klabo, Kristina Holtgard, Individually of Fargo, ND, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMP ANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 21st day of December, 2018. State of South Dakota County of Minnehaha WESTERN SURETY COMPANY On this 21st day of December, 2018, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires J.MOHR June 23, 2021 '1ib==~ CERTIFICATE I, L Nelson, Assistant Secretary of WESTERN SURErY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in fon:e, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscnoed my name and affixed the seal of the said corporation this 18th day of February 2019 WESTERN SURETY COMPANY Fonn F4280-7-2012 Go to www.cnasurety.com > Owner I Obl!gee Services > Validate Bond Coverage, If you want to verify bond authenticity. Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMP ANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company, Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. Client#: 1101881 AVISYS ACORD"' CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) 3/27/2018 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 pollcy(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 jjr11v,-~ USI Insurance Services, LLC ri:J8Nifo Extl: 701 989-7675 I r.oa. Nol: 877 411-5097 4207 Boulder Ridge Road Suite 225 ifD~~ss: lesley.bentz@usl.com Bismarck, ND 58503 INSURER(S) AFFORDING COVERAGE NAICI# INSURER A : AUanllc SpKtolly ln1unnce Comp.any 27154 INSURED INSURERS: AVI Systems, Inc. INSURERC: 8019 Bond Street Lenexa, KS 66214 INSURER 0: 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. NOTVIIITHSTANDING 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 ADDI SUB/ POLICY NUMBER I ,:oLICY EFF .,,ra,'cl~ LIMITS LTR IN"R 1wvn A ~ COMMERCIAL GENERAL LIABILITY 7110081910012 ~4/01/2018 04/01/201! EACH OCCURRENCE $1000000 =:J CLAIMS-MADE ~ OCCUR , ~~~!§~J9t.~1 s1000000 --MED EXP (Any cne parscn) $10 000 PERSONAL &ADV INJURY s1000000 -- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2 000,000 R ~PRO-@Loe PRODUCTS· COMP/OP AOO s2,000,000 POLICY JECT OTHER: $ A AUTOMOBILE LIABILITY 7110081910012 04/01/2018 04/01/201~ li,?MBINED SINGLE LIMIT s1,000,000 aacddenll -I ~ Afrf AUTO BODILY INJURY (Per person) $ OWNED ~ SCHEDULED BODILY INJURY (Per accident) S AUTOS ONLY AUTOS -HIRED x NON-OVIINED rP':.?:~FMAGE ~ AUTOS ONLY AUTOS ONLY s $ A ~ UMBRELLA LIAB ~OCCUR 7110081910012 04/01/2018 04/01/20U EACH OCCURRENCE s10 000 000 EXCESS LIAB Cl.AIMS-MADE AOOREGATE s10 000 000 .I OED I xi RETENTION sO $ A WORKERS COMPENSATION 4060169150011 04/01/2018 04/01/201~ X l~~~TIITI= I 12JH· AND EMPLOYERS' LIABILITY y / N s1000000 ANY PROPRIETOR/PARTNER/EXECUTIVE[ij] E.L EACH ACCIDENT OFFICER/MEMBER EXCLUDED? N NIA (Mandatory In NH) E.L DISEASE· EA EMPLOYEE s1000000 gi;~:~~ ~PERATIONS bek>N E.L. DISEASE -POLICY LIMIT s1000000 A Technology E&O 7110081910012 04/01/2018 04/01/201!1 Occurrence $3,000,000 Aggregate $3,000,000 / DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addition al Remarlcs Schedule, may be attached If more space Is requl18d) Certificate Holder Is Included as an Additional Insured re General Liability. CERTIFICATE HOLDER CANCELLATION City of Carlsbad 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 ~·-· _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 #S22782211/M22768636 LKMZP Policy Number: 7110081910012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS @VANTAGE FOR GENERAL LIABILITY TECHNOLOGY COMPANIES This endorsement modifies ilsurance provided under the following: 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 Fonn Vendors 8. Coverage Territory-Worldwide 2. Additional Insured -by Contract, Agreement or Permit relating to: 9. Duties In Event of Occurrence, Claim or Sult 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. MobRe Equipment Redefined 3. Aggregate Limit Per Location 4. Blanket Waiver of Subrogation 14. Newly Acquired or Fanned Organizations 16. Non-Owned Aircraft 6. Bodily Injury Redefln~ Mental Anguish 16. Non-Owned Watercraft 6. Broedened Named Insured 17. Personal and Advertising Injury 7. Broadened Property Damage 18. Product Recall 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 person(&) or organization(s) (referred to below as vendor) with whom you agreed In a written cootract or agreement to provide Insurance, but only with respect to •bocfily injury" or "property damage• arising out of "your products• which are distributed or sold In the regular course 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 liability in a cootract or fV88111enl This exclusion does not apply to liability 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 inspection, demonstration, testing or the substitution of pats 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 of business, in coonection 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 ingrecfient of any other thing or substance by or for the vendor; or (8) •Bodily injury" or "property damage• arising out of the sole negligence of the vendor for its own acts or omissions 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 Office, Inc. Copyright, OneBeacon Insurance Group LLC E-INSURED Page 1 of8 (a) The exceptions contained in Slbparagraphs 4. or&.; or (b) Such Inspections, adjustments, tests or servicing as the vendor has agreed to make or normaty 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 produds, or any ins,edient. 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 Include as an additional Insured any person(s) or organlzation(s) with whom )'OU agreed In a written contract, written agreement or permit to provide insurance such as Is afforded under this Coverage Part 1. with respect to liabmty for •bodily Injury", •property damage• or •persona1 and advertising injury" caused, in whole or In part, by )'OUr acts or omissions or the acts or omissions of those acting on you-behalf: (a) In the performance of~work" for the adc:fltional inst.nd(s) at the location designated in the contract, agreement or pennlt; or (b) In the maintenance, operation or used equipment leased t> )'OU by such person(s) or organlzation(s), or (c) In COMec:tion with premises you own, rent, lease or occupy. 2. with respect to liability for •bodily Injury" or •property damage• caused, in whole or In part, by your acts or omissions or the ads or omissions of those acting on your behalf and occurring after: (•) 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 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 Slb:onlractor engaged In performing operati0I IS for a principal as part of the same project. This Insurance applies on a primary or primary and non-contributory basis If that is requred in writing by the contract, agreement or permit b. The lnslnnce provided to the additional insl.l'ed herein is limited. This IOSllallce does not apply: 1. Urdess (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 iljlJ'Y"; 2. To any person or organization Included as an ln&U'ed under the Additional lnsl.l'ed -Broad Fonn Vendors provision of this endorsement; 3. To any person or organization inck.lded as an insll'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 lnduding: (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. Toany: (a) Lessor of equipment after the equipment lease terminates or expires; or VCG 746 KS 1113 Includes copyrighted material of Insurance Services Offioe, 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 construcllon or demolition operations performed by or on behalf of the manager or lessor. c. Umlls of Insurance applicable to the additional Insured are those specified in the contract, agreement or pennit 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" ownad 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 Injury or damage arising out cl your ongoing operations done under a written contract or agreement with that person or organization and Included in •you-work" or the "products-canpleted opa atlons 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 rlgrts 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 180th day or the end of the policy period, whichever comes first, provided there Is no other similar Insurance available to that organization. The Insurance afforded herein does not apply to any entity which Is also an Insured under another policy or would be an Insured under such poHcy but for Its tennlnation or the exhaustion of its Hmlts of Insurance. VCG 746 KS 1113 Includes copyrighted material of Insurance Services Office, Inc. Page3of8 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 perfonned 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 will pay for "property damage" to •customers' Goods" Is $35,000 per "occurrence•. b. Under Section V -Definitions, the following 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) 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 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 lnsured's responsibility to pay damages must be detennined 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, Claim or Sult is amended by adding the following paragraphs: a. The requirements that you must 1. notify us of an "occurrence• offense, claim or "suit" and 2. send us document& conceming a claim or "Slit" apply only when such "accident" claim, "suit" or "loss" Is known to: 1. You, If you are an Individual; 2. A partner, if you are a partnership; 3. An executive officer cl 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 claim 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 Sult Condition. VCG 746 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 Bodly 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 injury" or "personal and advertising injury" arising out of his or her providing or falling 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 inslDflce whether such Insurance is primary, excess, contingent or on any other basis. Any payments by us will foDow the Other Insurance -Excess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 12. MEDICAL PAYMENTS -INCREASED UMrTS AND TIME PERIOD In the Insuring Agreement under Coverage C Medical Payments, the requirement that expenses are inarred and reported to us within one year cl the date of the accident is changed to three years. a. The Medical Expense Linit is $15,000 per person or the amooot shown In the Declarations as the Medical Expense Umlt, whichever Is greater. b. This provision 12. does not apply if Coverage C -Medical Payments is otherwise exduded 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 following Is added to the "mobile equipment" definllion: Vehicles maintained prinarily for purposes other than the transportation of persons or cargo that are self- propelled vehicles of less than 1,000 pounds gross veticle weight with the following types of permanently attached equipment wffl be considered "mobile equipmerf': a. Snow removal; b. Road maintenance, but not construclion or re&\lfacing; or c. Street cleaning. 14. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Under Section II -Who Is An Insured, the time period imitation 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 Llablllty 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 746 KS 1113 Includes copyrighted material of Insurance Services Office, Inc. Copyright, OneBeacon Insurance Group LLC Page5of8 L The insannce afforded by this provision 15. Is excess over any other valid and collectible Insurance (Including any deductible or Self lnstnd 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. 16. NON-OWNED WATERCRAFT a. Section II -Who Is An Insured is amended to Include as an Insured for any watercraft that is covered by this poflcy, any person who, with your expressed or implied consent, either uses or is responsible for the use of a waten:ralt However, no person or orga,ization Is an insll"ed with respect to: 1. •Bodiy Injury" to a co-·employee" of the person operating the wa1el a aft; or 2. •property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who Is an insured inter this provision. b. In the exception to the Aircraft, Auto Or Watercraft exclusion under Coverage A Bodlly Injury And Property Damage Liability, the limitation on the length of a watercraft Is Ina-eased to 55 feel c. The lruuance afforded by this provision 16. Is excess over any other valid and collectible Insurance Oncludlng any deductible ex Self lnsu-ed Retention) available to the Insured, whether such lnsll'ance 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. lnsuntds 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 LlabUlty Is deleted. L 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) "Covered 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. Page6of8 Copyright, OneBeacon Insurance Group LLC 4. Subject to 3. above, we wlU pay only the amount of •produd recall expenses" In excess of the deductible amount shown in the Product Recall Schedule. Products Recall Schedule Product Recall Aggregate Limit Each Produd RecaU Limit Each Produd 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 wlD 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 beglmlng of the policy period shown in the Declarations, unless the poficy period is 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 is 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 "produd recall expense": 1. Give us prompt notice of any discovery or notification that -your producr must be withdrawn or recalled. Include a description of "your producr 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 "your 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 dalm, including an Insured'& books and records. In the event of an examination, an insured'& 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 communications, including radio or television amouncements 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 Office, 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"; (6) Incurred by "employees", including transportation and accommodations; (6) To rent addltlonal 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 recaD expenses• does not include costs of regalring your market share, goodwill, revenue or profit. (b} "Product Recall Expense" does not Include any expenses resulting from: (1) Faiue of any product to accomplish its intended purpose; (2) Breach of warranties of fitness, quality, durablllty or performance; (3) Loss of customer approval, or any cost inaned to regain aatomer approval; (4) Redistribution or replacement of "you' product" which has been recaled by like products or substitutes; (6) Caprice or whim of the lnswed; (6) A condition likely to cause loss of which any insU'ed knew or had reason to know at the Inception of this insl.ra'lce; and (7) Recall of "yow products" that have no kl'lOM'I or suspected defect solely because a known or suspected defect in another of "your products" has been found 19. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS Under Section 1-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 vtolations arising out of the use of any vehicle to which the BodDy lnjuy Llablity Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses ina.irred by the insured at cu request to assist Lm in the Investigation or defense of the clam or "suit", inclucfu,g actual loss of earnings up to $500 a day because of tine off from work. VCG 745 KS 1113 Includes C0PY!llhtecl material of Insurance Services Office, Inc. Page8of8 Copyristit. OneBeacon Insurance Group LLC 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. Additional Insured By Contract 12. Employee Hired Autos 2. Airbag Discharge 13. Fellow Employee Exdusion 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, Sult or Loss Vehides 11. Employees As Insureds 21. Towina-Anv Covered Auto 1. ADDmONAL 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 liability for •bodily i11ury" 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 Declarations; or c. To any lessor of •autos" when their contrad or agreement with you for such leased "auto" ends. 2. AIRBAG DISCHARGE If you purchased physical damage coverage for a covered "auto• under this poffcy, we will 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 CONDmONS is replaced by the following: We wiO 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 contrad Is in writing and executed prior to the •bodily injury" or "property damage". 6. 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, including mental anguish or death resulting from any of these at any time. VCA2010109 lndudes 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: Any organization which is a legally Incorporated entity In which you own a flnanclal Interest of more than 50% of the voting stock on the effective date of this Coverage Form will be a Named Insured until the 180th day or the end of the policy period whichever comes first, provided there Is no other similar lnSll'8J\C8 avail- 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 automobBe policy or would be an "insured'' under such a poli- cy, but for Its termination 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 permanently 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 condud of the lnsured's business. The most we will pay for "loss" arising out of an "accident" Is the lesser of $7,500 or 20% of the adual cash value of the "auto" as determined by Kelley 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. An Individual; you and your spouse. 2. A partnership; your partners and their spouses. 3. An organization other than an individual or a partnership; your "executive officers" and their spouses. b. SECTION U -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, servicing, repairing or parking autos; or 3. Insured under another policy of insurance. If Medical Payments, Uninsured/Underinsured 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. Page2 of5 Includes copydghted material of lnaurance Services Offlc;e, Inc. VCA2010109 Copyright 2004, OneBeacon Insurance Group LLC d. The following definition is added to the DERNmONS 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 doaJment. e. The Other Insurance Condition, under Section IV -BUSINESS AUTO CONDmONS, 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 CONDmONS -the Duties In The Event Of Accident, Claim, Sult Or Loss Condition is amended as follows: The requirements that you must a. Notify us of an "accident", dalm, •suit" or "loss"; and b. Send us documents concerning a claim or "suit", apply only when such "accident", dalm, "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 cond ud of your busi- ness. For purposes of this coverage grant. paragraph 6.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 contrad in that Individual •employ- ee's" name, with your permission, while performing duties related to the condud 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 exduslon under SECTION II -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 tired "autos" a-e covered "autos• under SECTION D -LIABILITY COVERAGE and if Comprehensive, Speci- fied Caus• of Loss, or Collision coverages are provided ll1der this policy for any "auto" you own, then SECTION ID -PHYSICAL DAMAGE COVERAGE is extended to "autos" you hre, subject to the following linit: The most we will pay for ioss" 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 copyrlglted material of Insurance Selvlces Office, Inc. Page3 of 5 Copyright 2004, OneBeacon Insurance Group UC 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 acclden~ 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. Umlt of Insurance -of SECTION II -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 •1oss" and the remaining balance on your lease if the following conditions are met a. The "auto" has a long term 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 obHgated for the remaining balance. We will not pay for any anounts representing excess wear and tear 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 18 An Insured provision under SECTION U -LIABILITY COVERAGE Is amended to include as an •insured" any organization that is formed 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 fonned or acquired the organization. 19. PHYSICAL DAMAGE-TRANSPORTATION EXPENSES COVERAGE Under SECTION Ill -PHYSICAL DAMAGE Coverage Extensions, the limit for Transportation Expenses is amended to $75 per day and the maximum is amended to $2,250. 20. RENTAL REIMBURSEMENT We will pay for rental reimbursement expenses Incurred by you for the rental d an •auto" of the private passenger type because d '1oss" to a "covered auto" of the private passenger type. Paymert appries in adcition 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 •1oss" and ending, regardless of the policy's expiration, six (6) days after the "loss". Page4of5 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 "loss" 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 cq>yrfghted material of Insurance Services Office, Inc. Page 5 of5 Copyright 2004, 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 Apr i 1 01, 2018 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) ~suedto 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. oo % 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