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HomeMy WebLinkAboutAVI Systems Inc; 2024-06-05;Fire HQ Admin Conference Room Page 1 City Attorney Approved 2/13/2024 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT FIRE HEADQUARTERS ADMINISTRATION CONFERENCE ROOM This contract is made on the ______________ day of _________________________, 2024 (“Contract”), by the City of Carlsbad, California, a municipal corporation ("City" or “Customer”) and AVI Systems, Inc., a North Dakota stock corporation ("Contractor" or “AVI Systems”). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, as contained in the Standard Specifications for Public Works Construction “Greenbook,” latest edition and including all errata; Part 1 General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor’s proposal. STATUS OF CONTRACTOR. Contractor will perform the work and/or services specified in the Contract Documents in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Contract will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Contract will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Contract. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. DocuSign Envelope ID: 81668E84-4AC9-42A6-8955-812ADD182F68 5th June Fire HQ Admin Conference Room Page 2 City Attorney Approved 2/13/2024 SUBCONTRACTING. Contractor will not subcontract any portion of the work and/or services specified in the Contract Documents without prior written approval of City. If Contractor subcontracts any of the work and/or services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Contract will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Contract applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. DIR REGISTRATION. California Labor Code Section 1725.5 requires the Contractor and any subcontractor or subconsultant performing any public work under this Contract to be currently registered with the California Department of Industrial Relations (‘DIR’), as specified in Labor Code Section 1725.5. Labor Code Section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be qualified to engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of public work by any subcontractor or subconsultant under this Contract, Contractor must furnish the City with the subcontractor or subconsultant's current DIR registration number. 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 the Contract Documents and subject to inspection approval and acceptance by Mike Lesh (City Project Manager). STANDARD OF PERFORMANCE. While performing the work and/or services in the Contract Documents, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. TIME IS OF THE ESSENCE. Time is of the essence for each and every provision of this Contract. PAYMENT. The total fee payable under this Contract shall not exceed twenty-one thousand three hundred sixty-two dollars and twenty-four cents ($21,362.24). No other compensation will be allowed except for items covered by subsequent amendments (if any) to this Contract. The City shall withhold retention as required by Public Contract Code Section 9203. The Contractor will issue an invoice on a monthly basis for work completed during the preceding month. DocuSign Envelope ID: 81668E84-4AC9-42A6-8955-812ADD182F68 Fire HQ Admin Conference Room Page 3 City Attorney Approved 2/13/2024 TIME OF PERFORMANCE. Contractor shall commence the work and/or services in the Contract Documents within thirty (30) business days after receipt of a written notice to proceed via email to Jake.Cramer@avisystems.com, and agrees to complete the work and/or services within ninety (90) business days after receipt of the written notice to proceed. PREVAILING WAGE RATES. Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Contract constitute “public works” under California Labor Code Section 1720 et seq., and are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770, 1773 and 1773.1 of the California Labor Code. Consistent with the requirement of Section 1773.2 of the California Labor code, a current copy of applicable wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Contract. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Labor Code Section 1776. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATION. Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. CALIFORNIA AIR RESOURCES BOARD (CARB) IN-USE OFF-ROAD DIESEL FUELED FLEETS REGULATION. Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. More information about the requirements and Contractor’s required certification is provided in Exhibit C. CONSTRUCTION MANAGEMENT SOFTWARE. Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non- productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification-subcontractor. The Contractor is responsible for attaining DocuSign Envelope ID: 81668E84-4AC9-42A6-8955-812ADD182F6B Fire HQ Admin Conference Room Page 4 City Attorney Approved 2/13/2024 their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this Contract and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five (5) years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: ___________________________________ Print Name: ___________________________________ REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers’ Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating DocuSign Envelope ID: 81668E84-4AC9-42A6-8955-812ADD182F6B Signature: Print Name: David Bunting Fire HQ Admin Conference Room Page 5 City Attorney Approved 2/13/2024 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. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Property Damage Insurance. Insurance in an amount of not less than $2,000,000 Automobile Liability Insurance. Insurance in the amount of $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The automobile insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. 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. Additional Insurance Provisions. The above policies shall have non-cancellation clauses providing that 30 days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. ACCOUNTING RECORDS. Contractor will maintain complete and accurate records with respect to costs incurred under this Contract. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Contract. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Contract for a period of three (3) years from the date of final payment under this Contract. INDEMNITY. Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the DocuSign Envelope ID: 81668E84-4AC9-42A6-8955-812ADD182F68 Fire HQ Admin Conference Room Page 6 City Attorney Approved 2/13/2024 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. DISPUTE RESOLUTION. If a dispute should arise regarding the performance of the work and/or services in the Contract Documents, the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. JURISDICTION. This Contract will be governed by the laws of the State of California regardless of conflict of laws principles. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Contract is San Diego County, California. CONTRACTOR’S INFORMATION. AVI Systems, Inc 10070 Willow Creek Road (name of Contractor) 792548 (street address) San Diego, CA 92131-1623 (Contractor’s license number) C7-Low Voltage (city/state/zip) 858-653-4300 (license class. and exp. date) 1000036874 (telephone no.) 858-695-7844 (DIR registration number 6/30/2024 (fax no.) Jake.Cramer@avisystems.com (DIR registration number/exp. date) (e-mail address) SUCCESSORS AND ASSIGNS. It is mutually understood and agreed that this Contract will be binding upon City and Contractor and their respective successors. Neither this Contract nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. DocuSign Envelope ID: 81668E84-4AC9-42A6-8955-812ADD182F68 Fire HQ Admin Conference Room Page 7 City Attorney Approved 2/13/2024 ENTIRE AGREEMENT. This Contract, together with any other written document referred to or contemplated by it, embody the entire Contract and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Contract supersede all others. Neither this Contract nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. This Contract may be executed in counterparts. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 81668E84-4AC9-42A6-8955-812ADD182F68 Fire HQ Admin Conference Room Page 8 City Attorney Approved 2/13/2024 AUTHORITY. The individuals executing this Contract and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Contract. CONTRACTOR AVI Systems, Inc., a North Dakota Corporation CITY OF CARLSBAD, a municipal corporation of the State of California By:By: (sign here) IT Director as authorized by the City Manager (print name/title) By: (sign here) (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Contract must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation mustattach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: _____________________________ Deputy City Attorney ATTEST: Sherry Freisinger, City Clerk By: Senior Deputy City Clerk DocuSign Envelope ID: 81668E84-4AC9-42A6-8955-812ADD182F6B By: (sign here) IT Director David Bunting RVP as authorized by the City Manager CINDIE K. McMAHON, City Attorney BY: dlAA?1tli ~ Deputy City Attorney Senior Deputy City Clerk Fire HQ Admin Conference Room Page 9 City Attorney Approved 2/13/2024 EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each subcontractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each subcontractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a subcontractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Type of Work to be Subcontracted Business Name and Address DIR Registration No. & Expiration Date License No., Classification & Expiration Date % of Total Contract None Total % Subcontracted: ___0%____________ The Contractor must perform no less than 50% of the work with its own forces. DocuSign Envelope ID: 81668E84-4AC9-42A6-8955-812ADD182F68 Fire HQ Admin Conference Room Page 10 City Attorney Approved 2/13/2024 EXHIBIT B FIRE HEADQUARTERS ADMINISTRATION CONFERENCE ROOM SCOPE OF WORK A.SUMMARY: City of Carlsbad Fire HQ AudiovisualRefresh [intentionally left blank] DocuSign Envelope ID: 81668E84-4AC9-42A6-8955-812ADD182F6B PRODUCTS AND SERVICES SUMMARY Equipment Integration PRO Support Shipping & Handling Tax Gra nd Total $13,674.03 $5,495.59 $520.00 $595.00 $1,077.62 $21,362.24 Fire HQ Admin Conference Room Page 11 City Attorney Approved 2/13/2024 PRODUCTS AND SERVICES DETAIL PRODUCTS: Model #Mfg Description Qty Price Extended Equipment QB85C SAMSUNG 85IN COMMERCIAL 4K UHD MNTR DISPLAY 350 NIT 1 2,957.76$ 2,957.76$ R9861613USB2 BARCO CX-30 GEN2 CLICKSHARE Base Uni 1 2,475.64 2,475.64 AS3LDP7 CHIEF LOW DENSITY WALL MOUNT WITH PDU 1 845.38 845.38 LV1 ARLINGTON LOW VOLT MT/BRKT SG RETRO 1 1.82 1.82 SA-IWCM1-W1 VISIONMOUNT Cable Access Wall Plate White 1 12.81 12.81 PAC116 CHIEF STEEL STUD/DRYWALL ANCHOR KIT - 8PC 1 34.23 34.23 NEBULA-H02M LIBERTY AV NEBULA 48G HDMI CABLE 2.0M 1 30.36 30.36 OFE OWNER Laptop 1 - - NEATBARPRO-SE NEAT Collaboration Bar designed for Zoom and Microsoft Teams. Up to three screens. Integrated camera, mic 1 5,158.97 5,158.97 NEBULA-H02M LIBERTY AV NEBULA 48G HDMI CABLE 2.0M 1 30.36 30.36 NEATPAD-SE NEAT Neat Pad - Controller or scheduling display. Includes 1 year warrantyZoom: Room Controller or Schedule 1 841.03 841.03 OFRBC-8R WIREMOLD OFR BASE AND COVER 2 451.77 903.54 OFR6 WIREMOLD OFR SEAM CLIP 1 38.47 38.47 OFRWC WIREMOLD OVER FLOOR RCWY WIRE CLIP 1 3.10 3.10 OFR1 WIREMOLD OFR COUPLING(PAIR)1 24.32 24.32 OFR48-2 WIREMOLD OVER FLOOR RCWY 2GANG BOX 1 173.13 173.13 OFR10IW WIREMOLD OFR IN-WALL END FITTING 1 137.78 137.78 CM2-U2KEYA-BK WIREMOLD 2A DUAL UNLOADED KEYSTONE 2 1.53 3.06 CM2-U1KEYA-GY WIREMOLD 2A SINGLE UNLOADED KEYSTO 1 1.53 1.53 CM2-BL-BK WIREMOLD 2A BLANK MODULE BLACK 1 0.74 0.74 Integration Cables & Connectors 230.77 Sub-Total: Equipment 13,904.80$ Admin Conf Rm Integration Engineering & Drawings 837.60 Project Management 1,294.62 On Site Integration 2,196.96 Testing & Acceptance 415.84 Training 207.92 Travel 311.88 Sub-Total: Admin Conf Rm Integration 5,264.82$ Total 19,169.62$ PRO SUPPORT: N1S11224 AVI SYSTEMS Neat Bar Pro + Pad - One Year AVI UC S t St d d 1 520.00$ 520.00 Shipping & Handling 595.00 Tax 1,077.62 Grand Total 21,362.24$ DocuSign Envelope ID: 81668E84-4AC9-42A6-8955-812ADD182F68 Fire HQ Admin Conference Room Page 12 City Attorney Approved 2/13/2024 B.SYSTEM DESCRIPTION: Admin Conference Room • Functionality Description: AVI Systems will be providing an audiovisual refresh to the Admin conference room at Carlsbad Fire HQ. The refresh includes the provision and installation of an Owner furnished 75” display on the front-facing wall. Below the display, a NeatBar Pro for UC conferencing will be installed. At the table, a NeatPad will be placed to facilitate staff control over the audiovisual system. Additionally, a Legrand OFR (over the floor raceway) will be installed at the bottom of the display on the ground. The facilities department will handle the installation of a new 4 Port Network plate with active connections at outlet height below the display. AVI Systems will then extend these network connections through the Legrand OFR to the conference table, providing 4 network connections for staff use to the cable cubbies. • Displays: o City Furnished Display, QB75C • Source Devices: o City Furnished Laptop will use content connection to Neat Pad • Audio: o Built In Speaker System From The NeatBar Pro • Conferencing: o Neat UC System NeatBar Pro NeatPad City Provided Laptop • Switching: o NeatPad • Controls: o NeatPad • Equipment Location: o Admin Conference Room DocuSign Envelope ID: 81668E84-4AC9-42A6-8955-812ADD182F68 ■ ■ ■ Fire HQ Admin Conference Room Page 13 City Attorney Approved 2/13/2024 Exhibit C In-Use Off-Road Diesel-Fueled Fleet Regulation Requirements CARB implemented amendments to the In-Use Off-Road Diesel Fueled Fleets Regulations that apply broadly to all self-propelled off-road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. More information about the requirements can be found at https://ww2.arb.ca.gov/our-work/programs/use-road-diesel-fueled-fleets-regulation Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. The City is a “Public Works Awarding Body,” as that term is defined under Title 13 California Code of Regulations Section 2449(c)(46). Accordingly, the Contractor must submit, with their pre-award contract documents, valid Certificates of Reported Compliance (CRC) for the Contractor’s fleet, and for the fleets of any listed subcontractors (including any applicable leased equipment or vehicles). Failure to provide a valid CRC, will limit the City’s ability to proceed with awarding this Contract. Contractor has an on-going obligation for term of this Contract to provide copies of Contractor’s, as well as all listed subcontractors, most recent CRC issued by CARB. Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ fleet including, without limitation, CRC, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City. DocuSign Envelope ID: 81668E84-4AC9-42A6-8955-812ADD182F6B Fire HQ Admin Conference Room Page 14 City Attorney Approved 2/13/2024 EXHIBIT C (CONT.) IN-USE OFF-ROAD DIESEL-FUELED FLEET REGULATION CERTIFICATION Contractor hereby acknowledges that they have reviewed the CARB’s policies, rules and regulations and are familiar with the requirements of In-Use Off-Road Diesel-Fueled Fleet Regulation. Contractor hereby certifies, subject to the penalty of perjury, that the option checked below relating to the Contractor’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct: The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. The Fleet is exempt from the Regulation under Section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. Contractor and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to Section 2449.1(f)(3). Contractor shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e., third party correspondence or vendor bids). The Fleet is exempt from the requirements of the Regulation pursuant to Section 2449(i)(4) because this Project has been deemed an “emergency”, as that term is defined in Section 2449(c)(18). Contractor shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to Section 2449(i)(4). The Fleet does not fall under the Regulation or are otherwise exempt and a detailed reasoning is attached to this certification. Name of Contractor: Signature: Name: Title: Date: DocuSign Envelope ID: 81668E84-4AC9-42A6-8955-812ADD182F6B □ □ □ □ AVI Systems, Inc. OiwiJ bwtJiiu. Signature: ______ ·_ ··o _______________ _ David Bunting RVP DocuSign Envelope ID: 81668E84-4AC9-42A6-8955-812ADD182F6B ~ ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) ~ 4/1/2025 3/27/2024 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 Lockton Companies CONTACT NAME: 444 W. 47th Street, Suite 900 PHONE I FAX IA/C No Ext\: IA/C No\: Kansas City MO 64112-1906 E-MAIL (816) 960-9000 ADDRESS: kcasu@lockton.com INSURER(Sl AFFORDING COVERAGE NAIC# INSURER A : Great N orthem Insurance Company 20303 INSURED AVI SYSTEMS, INC. INSURER B : Fireman's Fund Insurance Comoanv 21873 1508002 8019 BOND STREET 1NsuRER c : Federal Insurance Comnanv 20281 LENEXA KS 66214 INSURER D: Chubb National Insurance Company 10052 INSURER E : Pacific Indemnity Comoanv 20346 INSURER F: ACE American Insurance Company 22667 COVERAGES CERTIFICATE NUMBER: 18442544 REVISION NUMBER: xxxxxxx 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE , .. c:n W\/n POLICY NUMBER /MM/DD/YYYY\ /MM/DD/YYYY\ LIMITS A s... COMMERCIAL GENERAL LIABILITY y y 3004-07-76 4/l /2024 4/1/2025 EACH OCCURRENCE $ 1 000 000 □ CLAIMS-MADE [x] OCCUR DAMAGE TO RENTED PREMISES /Ea occurrence\ $ 1 000 000 -MED EXP (Any one person) $ 10 000 PERSONAL & ADV INJURY $ 1 000 000 -GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2 000 000 ~ POLICY [x] mg: □LOG PRODUCTS -COMP/OP AGG $ 2 000 000 OTHER: $ A AUTOMOBILE LIABILITY y N 736-33-082 4/1/2024 4/1/2025 COMBINED SINGLE LIMIT $ 1 000 000 /Ea accident\ -L ANY AUTO BODILY INJURY (Per person) $ xxxxxxx OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ xxxxxxx X HIRED X NON-OWNED PROPERTY DAMAGE $ xxxxxxx AUTOS ONLY AUTOS ONLY /Per accident\ -- $ xxxxxxx B L UMBRELLA LIAB ~ OCCUR N N USLO 19323232 4/1/2024 4/1/2025 EACH OCCURRENCE $ 50 000 000 C X EXCESS LIAB CLAIMS-MADE 78 19-88-) 7 4/l /2024 4/1/2025 AGGREGATE $ 50 000.000 OED I X I RETENTION $ $0 $ xxxxxxx WORKERS COMPENSATION N I PER I I OTH• D 7044-1 340 4/1/2024 4/1/2025 X STATUTE ER AND EMPLOYERS' LIABILITY Y/N E ANY PROPRIETOR/PARTNER/EXECUTIVE wJ 7044-1341 4/l /2024 4/1/2025 E.L. EACH ACCIDENT $ 1 000 000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1 000 000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ I 000 000 F TECH E&O / CYBER N N D01651249 4/1 /2024 4/1/2025 $10,000,000 PER CLAIM; LIABILITY $ I 0,000,000 AGG C INSTALLATION FLOATER 3004-07-76 4/l /2024 4/1/2025 $2,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) THE CITY OF CARLSBAD/CMWD TS INCLUDED AS AN ADDITIONAL INSURED ON A PRIMARY/NON-CONTRIBUTORY BASTS RE GENERAL LIABILITY AND AUTO LIABILITY AS PER WRITTEN CONTRACT. WAIVER OF SUBROGATION TS TN 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 18442544 CITY OF CARLSBAD I CMWD C/O EXIGIS INSURANCE COMPLIANCE SERVICES ,,c ~.O. BOX 947 ubMURRIETA CA 92564 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. © 1988 All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD