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AVI Systems Inc; 2019-05-21;
CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT GEORGINA COLE LIBRARY COMMUNITY ROOM AV UPGRADE This agreement is made on the A/ bt' day of --'-~!.l<..l;~---' 2019, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), d AVI Systems, Inc., whose principal place of business is 7270 Trade Street, Suite 102, San Diego, CA 9 121-2384 (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: Viktor Sjoeberg (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. NAME OF PROJECT; CONT. NO. LCA1903 Page 1 of 13 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. D~ ~~ :0,1, David Bunting, AVP 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. 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. NAME OF PROJECT; CONT. NO. LCA1903 Page 2 of 13 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 sixty (60) working days after receipt of Notice to Proceed. Completion: Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Contractor agrees to complete work within thirty (30) working days after mobilizing. NAME OF PROJECT; CONT. NO. LCA1903 Page 3 of 13 City Attorney Approved 1/25/2019 CONTRACTOR'S INFORMATION. AVI Systems, Inc. (name of Contractor) 792548 (Contractor's license number) C7-Low Voltage (license class. and exp. date) DIR registration # 100003687 4 DIR registration exp. Date: 6/30/2019 7270 Trade Street, Suite 201 (street address) San Diego, CA 92121-2384 (city/state/zip) 858-653-4339 (telephone no.) 858-695-7844 (fax no.) ryan.walsh@avisystemsinc.gov (e-mail address) 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. By: ~ (sign here) C£.. ,.,'s-fo4ter ,,-,?/0c,,_.,/2 CFO 7 (print name/title) ) By: ~ ,., (sign here) "B'4\'\t"\ ~1i ' (print nametitle) CITY OF CARLSBAD, a municipal corporation of the State of California Library & Cultural Arts Director ATTEST: () (; ;l: .,,,£,· Ju.1;.L:-~ BARBARA ENGLESON City Clerk 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: :~LIA AJMl!~,ttomey Assistant City Attorney NAME OF PROJECT; CONT. NO. LCA1903 Page 4 of 13 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: ___ O ___ _ The Contractor must perform no less than fifty percent (50%) of the work with its own forces. NAME OF PROJECT; CONT. NO. LCA1903 Page 5 of 13 City Attorney Approved 1/25/2019 EXHIBIT B JOB QUOTATION -Dated February 21, 2019 SERVICES TO BE PROVIDED: INTEGRATION SERVICES INTEGRATION SCOPE OF WORK A. SUMMARY: The City has asked Contractor to provide an upgrade to their legacy system in the Cole Library's Community Room. The upgrade will provide an entirely new, professional Audio/Visual System that can be used for all different types of meetings that are held in the community room. The parties incorporate the pricing terms of Contractor's competitively bid GSA contract #GS-35F-0230X, titled General Purpose Commercial Information Technology Equipment, Software, and Services and effective through and including February 14, 2021. B. SYSTEM DESCRIPTION: Cole -Community Room at 1250 Carlsbad Village Drive, Carlsbad CA 92008 • Functionality Description: This is an existing 48ft x 22ft multipurpose room with 17 to 18ft ceilings. Existing equipment will be de-installed and provided to the City. Existing equipment includes (1) pole-mounted projector, (1) wall-mounted projector screen, (1) stand-alone equipment rack, (1) wall-mounted keypad, and (2) wall-mounted speakers. • Displays: o Install (1) Epson Pro LlS00U 12,000 Lumen Laser Projector and (1) 164" Diagonal wall-mounted, motorized projection screen. • Source Devices: o (1) HDMI/VGA Crestron DM-TX-200-C-2G wall plate transmitter. o (1) Barco CSE-200 wireless presentation device which will be rack mounted. o (1) Samsung Blu-ray DVD player which will be rack mounted. • Audio: o New Crestron AMP-2100-70 amplifier and (4) Crestron Saros 6.5" ceiling speakers will be installed. New speaker cabling will be installed as needed. o (2) Shure wireless combo microphones will be added to the system. Each combo has a dedicated Lavalier and dedicated Handheld Microphone. In addition (2) Handheld microphones and (2) lavalier microphones will be provided. This will allow (4) microphones to be used at the same time. o (1) Shure SCM268 manual microphone mixer will provide the ability to mix all microphones into a single output. The output will then be connected to the Crestron DMPS3-4K-150 room controller and will have a single point of volume control for the microphone input. Input volume knobs will be labelled with suggested default setting for each microphone input. o An existing assisted listening system will be integrated into the audio system, as well. The audio output of the Crestron DMPS will connect to an RDL ST-DA3, which will then send audio to the in-room amplifier as well as the assisted listening device. • Switching and Control: o (1) Crestron DMPS3-4K-150 digital media switcher with integrated controller will be rack-mounted and act as the center of the entire A/V system. o (1) Crestron MP-BPlO-W wall mounted white button panel will be installed to control the system. There are 10 buttons and a volume knob on the button panel. NAME OF PROJECT; CONT. NO. LCA1903 Page 6 of 13 City Attorney Approved 1/25/2019 These buttons will have Source Selection (Laptop, Blu-ray DVD, Wireless), System Off, Mute, Microphone Volume (Up and Down), and Screen Controls (Up and Down). Source selection will automatically turn the projector on and drop the projection screen. System off will turn the projector off, reset audio volume levels to a default level, and bring the projection screen up. A separate low voltage control switch for the projection screen will be installed on the wall near the projection screen, as well. o Blu-ray DVD controls will be done using the front panel buttons of the DVD player or via the IR remote from the manufacturer. • Equipment Location: o Projector will be installed in the same location and utilize the existing pole as best possible to prevent additional facilities work from being needed. o Projection screen will be installed in the same location as the existing screen but will require an electrician to connect the high voltage portion of the screen. o Equipment rack location will be on the floor in the corner of the side wall. C. EXCLUSIONS: The following work is not included in our 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 specifically noted lifts and scaffolding are not included D. CONSTRUCTION CONSIDERATIONS: In order to accomplish the outlined goals of this project, the City will be responsible for contracting with an outside entity to make the necessary modifications to the space as directed by Contractor. 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 specification. • Site preparation will be verified by Contractor's 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. • City communication of readiness will be considered accurate and executable by Contractor's project manager. • In the event of any arrival to site that Contractor 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. NAME OF PROJECT; CONT. NO. LCA1903 Page 7 of 13 City Attorney Approved 1/25/2019 • Rescheduling and redeployment of Contractor's 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 multi-day integration. • If City furnished equipment and existing cabling is to be used, Contractor 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 Contractor integration begins. Contractor 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 time and materials. • Document review/ feedback on drawings/ correspondence will be completed by the City within two business days (unless otherwise noted). • The documented Change Control process will be used to the maximum extent possible - the City 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 Contractor's 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. F. INTEGRATION PROJECT MANAGEMENT PROCESSES Contractor 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 (see Appendix) • Notice of Substantial Completion (see Appendix) -at City walk-through -prior to Service transition NAME OF PROJECT; CONT. NO. LCA1903 Page 8 of 13 City Attorney Approved 1/25/2019 G. 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 H. CONTRACTOR INTEGRATION SERVICES RESPONSIBILITIES Contractor 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. • 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 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. • Provide final documentation and "as built" system drawings (CAD) -if purchased. • Provide system training following integration to the designated project leader or team. I. CITY INTEGRATION SERVICES RESPONSIBILITIES • Provide for the construction or modification of the facilities for soundproofing, lighting, electrical, HVAC, structural support of equipment, and decorating as appropriate. Includes installation of ceiling mounted projection screen. • 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. • Provide all necessary cableways and/or conduits required to facilitate AV systems wiring. • Provide all necessary conduit, wiring and devices for technical power to the AV systems equipment. • Provide reasonable accesses of Contractor personnel to the facilities during periods of integration, testing and training, including off hours and weekends. • Provide a secure area to house all integration materials and equipment. • Provide a project leader who will be available for consultation and meetings. • Provide timely review and approval of all documentation (Technical Reports, Drawings, Contracts, etc.). NAME OF PROJECT; CONT. NO. LCA1903 Page 9 of 13 City Attorney Approved 1/25/2019 PRODUCTS AND SERVICES DETAIL PRODUCTS: Model# Mfg Description ~ Price Extended Equipment V11H910920 EPSON PRO L 1500UHNL ProJectors 1 $15,559.76 $15,559.76 V12H004W06 EPSON Wide Lens 2 for Pro L 1500U 1 $2,079.27 $2,079.27 21866L DA-LITE CONTOUR TNSD 164D HD1 .1 1 $3,609.51 $3,609.51 VCMUW CHIEF HEAVY DUTY PROJECTOR MOUNT 1 $349.76 $349.76 BD-J6300/ZA SAMSUNG 3D BLURAY PLAYER UPSCALE SMART $148.27 $148.27 HUB WL DOLBY DTS-HD WISE 1 HDMI R9861520NA BARCO ClickShare-200 Set NA, Incl Ba $1,395.95 $1,395.95 DM-TX-200-C-2G-W-T CRESTRON Wall Plate Digital Media 8G+® Transmitter $853.66 $853.66 200, White Textured DMPS3-4K-150-C CRESTRON 3-Series® 4K Digital Media™ Presentation $3,048.78 $3,048.78 System 150 MP-B10-W CRESTRON Media Presentation Button Panel B10, $274.39 $274.39 White NGSE8H NIVEO SWITCH GB ETHERNET 8P W/POE 1 $371.95 $371.95 BLX1288/CVL-J10 SHURE BLX1288 COMBO W/CVL AND PG58 2 $492.38 $984.76 BLX2/PG58=-J 10 SHURE BLX2/PG58 HANDHELD TRANSMITTER 2 $124.69 $249.38 BLX1=-J10 SHURE BLX1 BODYPACK TRANSMITTER 2 $124.69 $249.38 CVL-B/C-TQG SHURE Lavaliere Microphone for Wireless 2 $38.00 $76.00 SCM268 SHURE MICROPHONE MIXER 1 $243.29 $243.29 AMP-2100-70 CRESTRON Dual-Channel Modular Power Amplifier, 1 $640.24 $640.24 100W/Ch., 70V SAROS IC6T-W-T-EACH CRESTRON Saros® 6.5" 2-Way In-Ceiling Speaker, 4 $140.24 $560.96 White Textured, Single (must be ordered in multiples of 2) PD-915R MIDDLE 9OUT, 15A,RCKMNT POWER CEN 2 $96.16 $192.32 ATLANTI PTRK-1426 MIDDLE PORTABLE RACK, 14SP,26"D $597.23 $597.23 ATLANTI PTRK-RR14 MIDDLE REAR RAIL KIT FOR PTRK-14 $29.55 $29.55 ATLANTI U2V MIDDLE 2SP VENTED UTILITY SHELF 2 $46.93 $93.86 ATLANTI U1V MIDDLE 1SP VENTED UTILITY SHELF 2 $35.34 $70.68 ATLANTI D2 MIDDLE 2SP ANODIZED DRAWER $130.34 $130.34 ATLANTI CBL-HD-3 CRESTRON Crestron® Certified HDMI® Interface 3 $24.39 $73.17 Cable, 18 Gbps, 3 ft (0.91 m) CBL-HD-12 CRESTRON Crestron® Certified HDMI® Interface Cable, $42.68 $42.68 18 Gbps, 12 ft (3.6 m) CBL-VGA-AUD-12 CRESTRON Crestron® Certified Computer VGA $36.59 $36.59 Interface Cable w/Audio, 12 ft Sub-Total: Equipment $31,961.73 NAME OF PROJECT; CONT. NO. LCA1903 Page 10 of 13 City Attorney Approved 1/25/2019 PRODUCTS & SERVICES SUMMARY Integration Engineering & Drawings Project Management Programming Cable Placement In Shop Fabrication Integrations Cables & Connectors On Site Integration Testing & Acceptance Training Sub-Total: Integration Sub-Total: Integration Sub-Total: Equipment Shipping & handling Tax 7.75% (Equipment, Integrations Cables & Connectors) GRAND TOTAL: NAME OF PROJECT; CONT. NO. LCA1903 Page 11 of 13 City Attorney Approved 1/25/2019 $1,507.68 $4,237.00 $1,75848 $2,18608 $1,004.64 $1,53846 $8,641.76 $753.84 $189.23 $21,817.17 $21,817.17 31,961.73 $890.00 $2,596.26 $57.265.16 EXHIBITC LABOR AND MATERIALS BOND Bond# 30062215 WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to AVI Systems, Inc. (hereinafter designated as Ute "Principal"), a Contract for: GEORGINA COLE LIBRARY COMMUNITY ROOM AV 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 Suretv Comoanv as Surety, are held firmly bound unto the City of Carlsbad in the sum of Fifty-seven Thousand, Two Hundred Sixty-Five Dollars and sixteen cents ($57,265.16), 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. NAME OF PROJECT; CONT. NO. LCA1903 Page 12 of 13 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 __ Y_1'_"-__ _ day of _..;.79_.__...,G4~,.,...,!"------'' 2019. CONTRACTOR: AVI Systems, Inc. (name of Contractor) By: ~O xx{~•~~~~ BAN O I BQ,Z..,Ttl (print name here) 3rd Executed by SURETY this ______ day May of __________ ~ 2019. SURETY: Western Surety Company (name of Surety) 333 Wabash Avenue, Chicago, IL 60604 (address of Surety) 701.356.8174 (telephone number of Surety) By· t.oRPOilAT~ TP-F-ASL@Z-1 A.'Vt SYSTE'fY\51 I ~~/4 & _ (title and organization of signatory) ~nature of Attorney-in-Fact) By:~--~ ~.._ ~ 8 (sign here) Anthony Gross (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (print name here) ~-=, \tac:.. Pt-,:1-J~t. P,,I (title and organization of signatory) S,sl-e-, (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 Attorney By: -uv1~ Assistant City Attorney NAME OF PROJECT; CONT. NO. LCA1903 Page 13 of 13 City Attorney Approved 1/25/2019 State of J<)o ro o o County of ~'!"\D ,,-,...,., ACKNOWLEDGMENT OF PRINCIPAL On this 8 ti--day of 3"'"'f , 8,0 l'jb~fore me a Notary Public in and for the State of "ko 1'."'0Qo rsonally appeared ]orJ..<'i :B~±:L know to me to be the Qo-\.Qot\ ci, TuQ4.u\l. '.\9t the principal described in the within instrument and who txecuted the same and acknowledge to me that he/she executed the same for on behalf of the said principal. (SEAL) SARAH OUPIN Notary Public, State of Kansas Mrp~olntment Expires -t -uno 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 ______ _ } May 3, 2019 Gail T. Hayes, ND Notary Public On before me, ______ .,,.a"""te________ ------...,N~am~•~•nd""'11""Hie~o'"INoia=ry------------ personally appeared _____ A_n_th_o_ny_G_ro_s_s _______________________ _ Name and or Names of Slgner(S) Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed to the within Instrument and acknowleqged to me that hJl/she/they executed the same In his/her/their authorized capaclty(les), and that by his/her/their slgnature(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. Witness my hand and official seal. GAIL T. HAYES Notary Public State of North Dakota My Commission Ex Ires Jan. 27, 2021 Place Nolary Public Seal Above Signature qr)l~ ~ ~ __________ OPTIONAL __________ _ Though the lnfonnatlon below Is not required by law, It may prove valuable to the persons relying on tha 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 □ Corporate Officer -Tltle(s):. ______ _ □ Partner -□ Limited □ General D Guardian or Conservator l!I Attorney-In-Fact D Trustee D Other: ________ _ Signer is representing ____ _ Great American Insurance Company IIIC.IIT fl llJ\HJf'HIN J rn '.,~.r.u1 Tcpoflhumb D Individual D Corporate Officer-Tltle(s): □ Partner-D Limited □ Gene._ra_l ______ _ 11/(.tlT Tf 11/MEJl'l ,/NT o, '.H,NlH D Guardian or Conservator □ Attorney-In-Fact D Trustee D Other: ________ _ Signer is representing ____ _ Tcpollhumb ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 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, Anthony Gross, Joan R Kjonaas, Charles P Klabo, Zared Lefor, Kirn Burnham, Phoebe L Kuntz, Michael J Boub, Kristina Holtgard, Individually of Fargo, ND, its true and lawful Attorney(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 COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 23rd day of April, 2019. State of South Dakota County of Minnehaha WESTERN SURETY COMPANY ~floC VieeP=idrn• On this 23rd day of April, 2019, 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 June 23, 2021 J.MOHR ~NOTARY PUBLIC~ ~SOUTHOAKOTA~ J. Mohr, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporationJ~n th. e reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this ___ <lay of_~~---.-,~. ______ , dft)f}. Fonn F4280-7-2012 #''';;"It'~~ ~~~~············· .. c-o:\, fWo._.,oq"I.~\\\ ~::l\U "')~i ~~,-~ ~ P,.~/~3/ '~~$' WESTERN SURETY COMPANY Go to www.cnasurety.com > Owner/ Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. 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. AVISYST-01 AFARTHING ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 4/19/2019 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 riahts to the certificate holder in lieu of such endorsement(s). PRODUCER 22AA!~cT Lesley Bentz Choice Insurance FitJ8,NJo, Ext): (701) 224-7047 I FAX 207 E Front Ave (AIC, No): Bismarck, ND 58504 itl~hs: l.bentz@bankwithchoice.com INSURER(Sl AFFORDING COVERAGE NAIC# INSURER A: Atlantic Soecialtv Insurance Comoanv 27154 INSURED INSURER B: AVI Systems, Inc. INSURERC: 8019 Bond Street INSURER D: Lenexa, KS 66214 INSURER E: INSURER F: 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 POLICY NUMBER POLICY EFF POLICY EXP LIMITS IT" '•••~n un,n HT A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 f--------D CLAIMS-MADE C8J OCCUR DAMAGE TO RENTED 1,000,000 711016643-0000 4/1/2019 4/1/2020 PREMISES IEa occurrence\ $ ~ MED EXP (Anv one oerson\ $ 10,000 ~ PERSONAL & ADV INJURY $ 1,000,000 ~ 2,000,000 R'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ [filPRO-□ 2,000,000 POLICY JECT LOC PRODUCTS -COMP/OP AGG $ OTHER: $ ✓ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT /Fa accidenll $ 1,000,000 X ANY AUTO 711016643-0000 4/1/2019 4/1/2020 BODILY INJURY (Per oersonl $ OWNED ~ SCHEDULED f--------AUTOS ONLY ~ AUTOS BODILY INJURY (Per accidenll $ X HIRED X ~8~a~'-mt~ FROPERTY DAMAGE AUTOS ONLY Per accident\ $ ~ $ A X UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE 711016643-0000 4/1/2019 4/1/2020 AGGREGATE $ 10,000,000 ✓ OED I X I RETENTION$ 0 $ A WORKERS COMPENSATION XI ~ffnirE I I ~~H-AND EMPLOYERS' LIABILITY Y/N 406045940-0000 4/1/2019 4/1/2020 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE [[] E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A 1,000,000 (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ ~li~~ftiri~ 'ofoPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 A Tech E&O 760010594-0000 4/1/2019 4/1/2020 Occurrence/Aggregate 5,000,000 ✓ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) The City of Carlsbad/CMWD is included as an Additional Insured on a Primary/Non-contributory basis re General Liability and Auto Liability as per written contract. Waiver of Subrogation is in favor of the additional insured re General Liability as required by written contract. 30-day Notice of Cancellation applies in favor of Additional Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad / CMWD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1635 Faraday Avenue Carlsbad, CA 92008 AUTHORIZED REPRESENTATIVE I t/2~ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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. 2. Airbag Discharge 13. 3. Auto Theft Reward 14. 4. Blanket Waiver of Subrogation 15. 5. Bodily Injury Redefined -Mental Anguish 16. Employee Hired Autos Fellow Employee Exclusion Glass Repair -Waiver of Deductible Hired Auto Physical Damage Coverage Lease Gap Coverage 6. Broad Form Named Insured 17. 7. Communications Equipment 18. 8. Diminution in Value 19. 9. Drive Other Car -Executive Officers 20. 10. Duties In The Event of Accident, Claim, Suit or Loss Liability Coverage -Supplementary Payments Newly Formed or Acquired Organizations Physical Damage -Transportation Expenses Rental Reimbursement -Private Passenger Vehicles 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 liability 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 included as an "insured" by endorsement or in the Declarations; 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 will pay to reset or re- place an airbag that accidentally discharges without the vehicle 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 perfomiing their duty. 4. BLANKET WAIVER OF SUBROGATION The Transfer Of Rights of Recovery Against Others To Us condition under SECTION IV -BUSINESS AUTO CONDITIONS, 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, including mental anguish or death resulting from any of these at any time. VCA 201 01 09 Includes copyrighted material of Insurance Services Office, Inc. Copyright 2004, OneBeacon Insurance Group LLC E-INSURED Page 1 of 5 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 financial 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 insurance 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 automobile 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 antenna 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 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 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, 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. Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc. VCA 201 01 09 Copyright 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 governing 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, Claim, Suit Or Loss Condition is amended as follows: The requirements that you must: a. Notify us of an "accident", claim, "suit" or "loss"; and b. Send us documents concerning a claim or "suit", apply only when such "accident", claim, "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 exclusion 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. 15. HIRED AUTO -PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" under SECTION II -LIABILITY COVERAGE and if Comprehensive, Speci- fied Causes of Loss, or Collision coverages are provided under this policy for any "auto" you own, then SECTION Ill -PHYSICAL DAMAGE COVERAGE is extended to "autos" you hire, subject to the following limit: 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"; VCA201 01 09 Includes copyrighted material of Insurance Services Office, Inc. Page 3 of 5 Copyright 2004, OneBeacon Insurance Group LLC 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 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 obligated for the remaining balance. We will not pay for any amounts representing excess wear and tear charges; additional mileage charges; taxes; overdue payments; penalties, interest or charges resulting 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 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 formed 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 of an "auto" of the private passenger type because of "loss" 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 of 5 Includes copyrighted material of Insurance Services Office, Inc. VCA 201 01 09 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 111-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 $100. VCA 201 01 09 Includes copyrighted material of Insurance Services Office, Inc. Page 5 of 5 Copyright 2004, OneBeacon Insurance Group LLC WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not en- force our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule NM ALL PERSONS OR ORGANIZATIONS ON FILE WITH THE INSURED NY ALL PERSONS OR ORGANIZATIONS ON FILE WITH THE INSURED co ALL PERSONS OR ORGANIZATIONS ON FILE WITH THE INSURED IA ALL PERSONS OR ORGANIZATIONS ON FILE WITH THE INSURED KS ALL PERSONS OR ORGANIZATIONS ON FILE WITH THE INSURED IL ALL PERSONS OR ORGANIZATIONS ON FILE WITH THE INSURED MI ALL PERSONS OR ORGANIZATIONS ON FILE WITH THE INSURED MN ALL PERSONS OR ORGANIZATIONS ON FILE WITH THE INSURED MO ALL PERSONS OR ORGANIZATIONS ON FILE WITH THE INSURED MT ALL PERSONS OR ORGANIZATIONS ON FILE WITH THE INSURED NE ALL PERSONS OR ORGANIZATIONS ON FILE WITH THE INSURED SD ALL PERSONS OR ORGANIZATIONS ON FILE WITH THE INSURED This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective O 4 / 0 1 / 2 0 1 9 Policy No. 4 0 6-0 4 -5 9-4 0 -0 0 0 0 Endorsement No. Insured AVI SYSTEMS, INC. Premium$ Insurance Company Atlantic Specialty Insurance Company Countersigned By __ ..=D:....:a,;,;,,n;.;_ie;,,;.l-'-W:....:·...;.W_e;..;.r:....:n,;..,er __________ _ WC 00 03 13 04 84 © 1983 National Council on Compensation Insurance. Page 1 of 1 E-INSURED POLICY NUMBER: 711016643-0000 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Carlsbad / CMWD (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II -Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to I- ability arising rut of your ongoing operations per- formed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional insured(s) at the site of the CCN- ered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 201010 01 © ISO Properties, Inc., 2000 Page 1 of 1 D POLICY NUMBER: 711016643-0000 COMMERCIAL GENERAL LIABILITY CG 20 3710 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Carlsbad/CMWD Location And Description of Completed Operations: Additional Premium: N/A (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II -Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products-completed operations haz- ard". CG 20 3710 01 © ISO Properties, Inc., 2000 Page 1 of 1 □