Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
AVI Systems Inc; 2019-10-03; 2019-MPW/IT04
CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT FIRE STATION DISPLAYS ($60,000 or Less) Tracking#: 2019-MPW/IT04 This agreement is made on the ~-day of Oc~oe' , 20.i, 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, 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: Javier Ruiz (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. FIRE STATION DISPLAYS Page 1 of 12 City Attorney Approved 1/25/2019 Tracking#: 2019-MPW/IT04 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. 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 FIRE STATION DISPLAYS Page 2 of 12 City Attorney Approved 1/25/2019 Tracking#: 2019-MPW/IT04 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 30 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 45 working days after receipt of Notice to Proceed and/or issuance of purchase order. CONTRACTOR'S INFORMATION. AVI Systems, Inc. (name of Contractor) 792548 (Contractor's license number) C7-Low Voltage (license class. and exp. date) 1000036874 (DIR registration number) 6/30/2022 (DIR registration exp. date) 10070 Willow Creek Road (street address) San Diego, CA 92131 (city/state/zip) 858-653-4339 (telephone no.) 858-695-7844 (fax no.) ryan. walsh@avisystems.com (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 (sign here) (), __ ,...',~/74Pr ~c,,._,,.,,,f., CEO 'r (print name/title) 1 By: (sign here) ~o-." \d ~i.A~~v.. Ave (print nal/tille) FIRE STATION DISPLAYS Page 3 of 12 CITY OF CARLSBAD, a municipal corporation of the State of California Assistant City Manager, Deputy City Ma or Department Director as authorized by the City Manager BARBARA ENGLESON City Clerk r')A I . City Attorney Approved 1/25/2019 Tracking#: 2019-MPW/IT04 If required by City, proper notarial acknowledgment of execution by Contractor must be attached. !f.._g corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group 8 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. 18f.EW~R,~orney BY: __ f_/;01.X ________ _ Assistant City Attorney FIRE STATION DISPLAYS Page 4 of 12 City Attorney Approved 1/25/2019 Tracking#: 2019-MPW/IT04 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., ¾of be Subcontracted No. Classification & Total Expiration Date Contract NONE Total% Subcontracted: 0 FIRE STATION DISPLAYS Page 5 of 12 City Attorney Approved 1/25/2019 Tracking#: 2019-MPW/IT04 EXHIBIT B (ENTER SCOPE OF WORK, SPECIFICATIONS, CONTRACTOR'S PROPOSAL, ETC.) JOB QUOTATION PRODUCTS ANO SERVICES SUMMARY GSA Contract# GS-35F-0230X Equipment Integration Shipping & Handling Tax Grand Total *Includes taxes, fee's, expenses and all other costs. FIRE STATION DISPLAYS Page 6 of 12 $39,846.00 $14,376.00 $1,222.00 $3,140.77 $58,584.77 City Attorney Approved 1/25/2019 Tracking#: 2019-MPW/IT04 SERVICES TO BE PROVIDED A. Carlsbad Oi3pay Adds.· AV/ will provide and install di:splay:;, mount:s and An HOU/ for an OFE video player to be added to the sitff listed below. Fire Station S In main area. a wall mounted 55· NEC display Wllh OFE player connecll!d behind the wall. In Chief's Office, a wall mounted 55" NEC display with OFE player connected behind the wal. In the Garage area, a wall mounted 711" NEC display with OFE player connecled behind the wal. EOC In main area. a wall mounted 70" NEC display With OFE player connected behind the wall. Fire Station 3 In Kitchen, a wall mounted 55· NEC display with OFE player connected behind the wall. In Garage area, a wall mounted 711" NEC display with OFE playerconnec:ted behind lhewal. Fire Station Ii In Upsbirs area, a wall mounted 55· NEC display wilh OFE player connected behind lhe wall. In Garage, a ul mounted 55" NEC display with OFE player connected behind the wall. Fire Station 2 In Kitchen, a wall mounted 55" NEC display with OFE player connected behind the wall. In Garage, a wall mounted 55" NEC display with OFE player connected behind the wall. Fire Station • In Lounge area, a wall mounted 55· NEC display wilh OFE player connected behind the wall. In Garage area, a wall mounted 55" NEC display with OFE player oonnec:ted behind the wall. B. Customer Coonlinalion: City of Cailsbad is responsible for set~p and any programming of the players to ensure when they are connected via HDMI 10 the displays and powered on they ~alically present a video source for A VI to verify video signal is present. Displ3Y control wiU be provided fTom the included manufacturer remole(s ). C. Exclusions: The foll<Ming wori< ,s not included 1n our Scope al Wm: All conduits, high voltage, wiring panels, bre-akers, relays. boxes, reoeptacie<o, etc Con~ saw cutting and/or core drilling Fire wall, ceiling. roof and floor penetratoon Necess.ary gypsum board replacement andJ'or repair Necessary cei,ng tile or T -bar mod,rticat1011S. replacements and/or rep31 Struclural support of equ.,.nent 'AVI Sy,;tems not responsible for building related vt>ralions lnstallabon of ceding mounted prqection screen All m.lwork (moldings, trm, cut outs, etc.) Patch z,g and P aintng Permits iunless speciflc.llly provided for and identified withan the contract) Unless otherwise staled the labor pricing II this agreement does not include preva4ng wage or un10n labor Unless speciflC.llly noted lifts and scaffolding are not included D. Cons11'Udion Considerarions: In order to accomplish the outlined goals of this proJl!CI. the Olstomer will be responsible tor contracting with an ou1S1de entity to mate the necessary modifications 1D the space as directed by AVI Systems The costs associated with these modifications are not included in th,s proposal. E. NOTICE: This Sc-of Work is deliftfl!d on the basis of the following Assumptions: The roornis) matcn(e<of the drawings provided Site preparation by the Customer and thH contrxtors includes electncal and data placement per AVI Systems spec,f.cation Site preparation will be verified by AVI Systems P"'lect manager or representative before scheduling d the installation. All woril areas should be clean and dust free prior to the beg< nrnng of on-site integration of electronic equipment. Customer commun1C.11ion of read,ne.,s wdl be considered accurate and executable by AVI Systems project manager. In the event of any arrival to site 1hat AVI Systems 1s not able to execuie woril and definable progress. the CuSIOmer ri be charged a $250.00 Mobifization Fee to offset the lost bme due to the lacll of readiness. The r..lobmation Fee wil be presented as a Contract Change Order aM will/may halt wut until 3Coeplance by the CustDmer and rescheduling al the integration effort is agreed upon. FIRE STATION DISPLAYS Page 7 of 12 City Attorney Approved 1/25/2019 Tracking#: 2019-MPW/IT04 Rescheduling and redeployment of AVI Systems teclvMcian5 due to una~e site p,eparatioo may cause schedulinp $Im qf YR to 10 business days. There lS ready access to the building/ facility and the room(s) for equipment and materials. There ,s secure storage fol equipmem during a multi-<iay integration. If Customer furnished equ,pmenc and existing cabhng is lo be used, AVI Systems assumes that these items are in good workng oonditlOO at this time and witl integrate mo the designed solution. Any repair, replacement and/or configuration of these items !hat ITl3)' be nece-ssary Ml be made at an additlonal cost All N-11 configurations including IP addresses ara to be provided, operational and funclional beforeAVI Systems integration begins. A VI Systems will not be responsible for testing the LAN connecllons Cable or Satellite drops must be in place with converter boxes operational before the completion of inlegration. Any delay resulting in extra wort caused by late arrival of these items will result in a change onler for time and materials. Document relriew I feedback on draw,,gs ,, correspondence witt be completed by the Customer w,1hin two busfless days {~ o/he,wise notea} The documented Change Control process will be used to the maximum extent posr,ible -the Customer wil have an assigned person with the authority to communicateiapprove project Field Directed Change Orders and Contract Change Orders (see Appendix) In developng a comprehensive proposal for equipment and llllegration services AVI Systems· Sales Representatives and Engineering teams must malte some assumptions regarding the physical oonstruc11on of yow fadity, 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 haw changed for your particular project or project site. please let your Sales representative ~now as soon as possible. Conditions of the site found during integration effort which are different from those documented may hai,e an effect on the pnce of the system solution, integration or serv1ces. To ensure that )'OU have an accurate propos31 based on )'OIJr facility and specific lo the conditions of your project, please review all project documentallon carefully. F. Integration Project Management Process.es AVI Systems will follow a foundational project management process which may include the following actionsldeliwrables {based on the sizeicomplellil)'fduration of the integration proiect): Site Survey -performed prior to Retail Sales Agreement and att3ched Project Wek:ome NotJce -emailed upon receipt of Purchase Order Project Kick-Off meeting with Customer R~entative(s) -either by phone or in-person Project Status re111ews -in"crmal or fom,al -either by phone or in-person (basea on the sizefoomplexityo'duralion of the project) Project Change Control -comprisea of Field D.:ected Change Order andfor Conlract Change Order submittals (see Appendix) Project Punch Ust I Acceptance of Substantial Completion (see Appendix) -at Customer walk-th!'019' -prior to Service transition (if purchased) G. Knowledge Transfer (Training f This is geared specifically towards the end-user I operator. The purpose of this knowledge transfer is to pro¥ide operators with the necessary knowledge to confidently and comfortably operate all aspec1S of the integrated system. Areas C01lered include the followflQ: Equipment and system overview Equipment operation and function Equipment start up, stop. and shut down Equipment auromatic and manual operation Discussion and documentation relating to control system operation Discussion and documentation relating to system processor and its control applic.11:ions 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 FIRE STATION DISPLAYS Page 8 of 12 City Attorney Approved 1/25/2019 Tracking#: 2019-MPW/IT04 PRODUCTS AND SERVICES DETAIL PRODUCTS: .laallL& Illa Pc,srietieo flilil !ii..t.rut..d Fire St•tion fi P554 NEC P554 55' LEO LCD Public Oispl,1y Monitor 1920 x 1080 (FHO), 2 $2.163.00 $4,326.00 700 nits. Ant1-Gl,1re P,1nel, HDMI 2.0 x2 P703 NEC P703 70" LEO LCD Public Displ,1y Monitor 1920x1080 (FHD) $5,645.00 $5,645.00 N.arrow bezel with full AV functon, Duals LTM1U-G CHIEF LARGE HEIGHT ADJ.TILT MOUNT TAA 2 $247.00 $494.00 XTM1U-G CHIEF EXTRA LARGE TILT MOUNT ASSEMBLY TAA 1 $291.00 $291.00 CBL-H0-6 CRESTRON Crestron® Certified HDMI® Interface Cable, 18 Gbps, 6 ft (1.8 3 S29.00 $8700 m) Sub-Total: Fire Station #5 $10,843.00 EOC P703 NEC P703 70" LEO LCD Pubhc Display Monitor 1Q20x1080 (FHD) $5,645.00 $5,645.00 N,1rrow bezel with full AV funcilon, Ou,1ls XTM1U-G CHIEF EXTRA LARGE TILT MOUNT ASSEMBLY TAA $291.00 $21l1.00 CBL-HD-6 CRESTRON Crestron® Cen,fied HOMI® Interface Cable. 18 Gbps, 6 ft ( 1.8 S21l.OO S29.00 m) Sub-Total: EOC $5,965.00 Fire St;ation #3 P554 NEC P554 55' LEO LCD Public Displ,1y Monitor 1920 x 1080 (FHD), S2.163.00 S2.163.00 700 nits, Anti-Glare Panel. HDMI 2.0 x2 P703 NEC P703 70" LEO LCD Public D1spi,1y Monrtor Hl20x1080 (FHO) $5,645.00 $5,645.00 N,1rrow bezel with full AV funct,on. Duals LTM1U-G CHIEF LARGE HEIGHT ADJ.TILT MOUNT TAA $247.00 $247.00 XTM1U-G CHIEF EXTRA LARGE TILT MOUNT ASSEMBLY TAA $291.00 $21l1.00 CBL-HD-6 CRESTRON Crestron® Certilied HOMI® Interface C,1ble, 18 Gbps. 6 ft { 1.8 2 S21l.OO $58.00 m) Sub-Total: Fire Station 13 $8,404.00 Fire St;ation #6 P554 NEC P554 55" LEO LCD Public Displ,1y Monitor 1Q20 x 1080 (FHD). 2 $2.163.00 $4,326.00 700 nits. Anti-Glare P,1nel, HOMI 2.0 x2 LTM1U-G CHIEF LARGE HEIGHT ADJ. TILT MOUNT TAA 2 $247.00 $494.00 CBL-HD-6 CRESTRON Crestron® Certified HDMI® Interface C,1ble, 18 Gbps, 6 ft (1.8 2 S21l.OO $58.00 m) Sub-Total: Fire Station #6 $4,878_00 Fire St..tion tl2 P554 NEC P554 55" LEO LCD Public Displ,1y Monitor 1920 x 1080 (FHO). 2 $2.163.00 $4,326.00 700 nits, Anti-Glare Panel. HOMI 2.0 x2 LTM1U-G CHIEF LARGE HEIGHT ADJ. TILT MOUNT TAA 2 $247.00 $494.00 CBL-HD-0 CRESTRON Crestron® Certified HDMIE> Interface Cable, 18 Gbps. 0 ft (1.8 2 S2Q.DO $58.00 m) Sub-Total: Fire Station #2 $4,878.00 Fire Station #4 P554 NEC P554 55' LEO LCD Public Oispl,1y Monitor 1Q20 x 1080 (FHDI. 2 $2.163.00 $4,326.00 700 nits, Anti-Glare Panel. HOMI 2.0 x2 LTM1U-G CHIEF LARGE HEIGHT ADJ.TILT MOUNT TAA 2 $247.00 $494.00 FIRE STATION DISPLAYS Page 9 of 12 City Attorney Approved 1/25/2019 CBL-HD-6 CRESTRON Crestron® Certified HDMI® Interface Cable. 18 Gbps. 6 ft (1.8 m) Sub-Tobi: Fire Sbtion U lnsullation Engineering & Drawings Project Management On Site Integration Integrations Cables & Connectors Sub-Tobi: Installation FIRE STATION DISPLAYS Page 10 of 12 Tracking#: 2019-MPW/IT04 2 SW.DO $58.00 $4,871_00 $648.00 $1,688.00 $11,360.00 $680.00 $14,376.00 ss.,222.00 City Attorney Approved 1/25/2019 Bond# 30079173 Tracking#: 2019-MPW/IT04 EXHIBITC LABOR AND MATERIALS BOND 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: FIRE STATION DISPLAYS CONTRACT NO. 2019-MPW/IT04 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 fifty-eight five hundred eighty-four dollars and seventy cents ($58,584.77), 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. FIRE STATION DISPLAYS Page 11 of 12 City Attorney Approved 1/25/2019 Tracking#: 2019-MPW/IT04 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 ~ ,20\C,. CONTRACTOR: AVI Systems, Inc. (name of Contractor) By:_~;--a_~r-J_;_~•.J~·13_· _CM.._~~--- \ (sign here) BorLTH (print name here) · Executed by SURETY this __ 1_2_th ___ day of August 20~. SURETY: Western Surety Company (name of Surety) 151 N. Franklin St., 17th Fir, Chicago, IL 60603 (address of Surety) (701 )356-8174 "'tll.f:AslAlE.fl. ·-A.VI. .SVST~f\'6, I ~c . By: __.,~-Y<----=---R,L--J.._,.,_ _____ _ (title and organization of signatory) By;u~ b~· (sign here) l (print name here) Av P ft:v ~ .:S.., s h:::l""\,s , Iv"-£. (title and organization of signatory) (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. BWREWER (L City Attorne By: Assistant City Attorney FIRE STATION DISPLAYS Page 12 of 12 City Attorney Approved 1/25/2019 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 ______ _ } August 12, 2019 be• Anthony Gross, North Dakota Notary On ______ .,...,.,________ ,ore me, . Date Name and Tdle of Notary personally appeared ____ G_a_i_lT_._H_a_y_es __________ _,... _____________ _ Name and or Nemet 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 h..e/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 (,lpon behalf of which the person(s) acted, executed the Instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. Witness my hand and official seal. Signature ~ h Notary Public Signature ANTHONY GROSS Notary Public State of North Dakota M Commission Expires Nov. 4, 2020 Place Notary Public Seal Above ____________ OPTIONAL ____________ _ Though the Information below Is not required by law, ft may prove valuable to the persons relying on the document and could pmvent fraudulent mmovaf and reattachment of this form to another document. Description of Attached Document Title or Type of Document ______________________________ _ Document Date ___________________ Number of Pages: _________ _ Signer's Name: ______________ _ □ lndlvldual D Corporate Officer -Tltle(s):. _______ _ □ Partner -□ Limited □ General D Guardian or Conservator 181 Attorney-In-Fact □ Trustee □ Other: ----------Signer Is representing ____ _ Great American Insurance Company Ill( ,tlT Tl IU\HJI 'IIIN f Of '.,H;tJUI Topollhumb □ Individual □ Corporate Officer -Tltle(s): □ Partner-□ Limited □ Gene._ra_l ______ _ 111(,tlT Tl IIIMLil'l ,INT or !.~K1N[ r1 D Guardian or Conservator □ Attorney-In-Fact D Trustee □ Other: ----------Signer is representing ____ _ Tcpolllunb ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• ACKNOWLEDGMENT OF PRINCIPAL State of !')OhO.Q.D Countyof ~'!'Pan) On this 16-1 "-day of ~o-l , ;J.o fj be!ore me a Not~ Public in and for the State of '--l<;o ~o p rsonally appeared ~o ~ i::J.o-\--b... know to me to be the Upc, 0 , •i\LJ.-;. of the principal described in the within instrument and who executed the same and acknowledge to me that he/she executed the same for on behalf of the said principal. {SEAL) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SUREIY 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 affi,ced 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 e,cecute 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 e,ctent 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 confinned. This Power of Attorney is made and e,cecuted 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 SUREfY COMPANY 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 e,cecuted the above instrument; that he knows the seal of said corporation; that the seal affi,ced to the said instrument is such corporate seal; that it was so affi,ced 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 e,cpires June 23, 2021 CERTIFICATE I, L Nelson, Assistant Secretary of WESTERN SUREfY 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 corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 12th day of AuguSt 2019 WESTERN SURETY COMPANY Form F4280-7-2012 Go to www.cnasurety.com >Owner/ Obllg~e Sen,!r.es > Vaiidate 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. AVISYST-01 LBENTZ ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 4/4/2019 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER 2~AAl~cT Lesley Bentz Choice Insurance r~g~N\, Ext): (701) 224-7047 I FAX 207 E Front Ave (A/C, No): Bismarck, ND 58504 fii'1lJ~ss: 1.bentz@bankwithchoice.com INSURERISI AFFORDING COVERAGE NAIC# 1NsuRERA: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 ~.~J>~ SUBR POLICY NUMBER ,r.a!ti~ POLICY!;~~-LIMITS LTR ,.n,n A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -~ CLAIMS-MADE [K] OCCUR ~~~~if,H9E~~~J~Jlence\ 1,000,000 711016643-0000 4/1/2019 4/1/2020 $ MED EXP (Anv one Person\ $ 10,000 - PERSONAL & ADV INJURY $ 1,000,000 ----2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Fl POLICY [K] ~r8r □ LOG PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY ~ (E~~~~~~~llNGLE LIMIT $ 1,000,000 X ANY AUTO 711016643-0000 4/1/2019 4/1/2020 BODILY INJURY (Per Person\ $ --OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY f Per accident) $ - X HIRED X NON-~WNED 1P'i.7~fc~d-Z,NAMAGE $ t-----AUTOS ONLY AUTO ONLY $ A X UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ 10,000,000 -711016643-0000 4/1/2019 4/1/2020 10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I X I RETENTION $ 0 $ A WORKERS COMPENSATION XI ~ffTUTE I I OTH-AND EMPLOYERS' LIABILITY ER Y/N 406045940-0000 4/1/2019 4/1/2020 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE [ID E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A 1,000,000 (Mandatory in NH) E.L. DISEASE-EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS 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) City of Carlsbad is included as an Additional Insured on a Primary/Non-contributory basis re General Liability and Auto Liability as per 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 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1635 Faraday Avenue Carlsbad, CA 92008 AUTHORIZED REPRESENTATIVE I ~~ 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. Towinq -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 performing 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 avai I- able to that organization. b. Paragraph a. of this provision 6. does not .apply to "bodily injury" or "property damage" for which an "in- sured" is also an "insured" under any other automobile policy or would be an "insured" under such a poli- cy, but for its 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"; VGA 201 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. RENT AL 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 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 (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 cov- 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 20 10 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 D POLICY NUMBER: 711016643-0000 COMMERCIAL GENERAL LIABILITY CG 20 37 10 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 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 37 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 □ WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attached clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on April O 1, 2018 at 12:01 AM. standard time, forms a part of (DATE) Policy No. 406-01-69-15-00ll ofthe Atlantic Specialty Insurance Company (NAME OF INSURANCE COMPANY) issuedto AVI SYSTEMS, INC. Premium (if any) $ Endorsement No. Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2. 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