Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
JMG Security Systems Inc; 2019-04-11; PSA19-732GS
PSA19-732GS City Attorney Approved Version 9/27/16 1 AMENDMENT NO. 1 TO AGREEMENT FOR ACCESS AND SECURITY SYSTEM PREVENTATIVE MAINTENANCE SERVICES AT THE SAFETY TRAINING CENTER (STC) JMG SECURITY SYSTEMS, INC. This Amendment No. 1 is entered into and effective as of the ______ day of ______________________________, 2020, amending the agreement dated April 11, 2019 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and JMG Security Systems, Inc., a California corporation (“Contractor") (collectively, the “Parties”) for access and security system preventative maintenance at the Safety Training Center. RECITALS A. The Parties desire to alter the Agreement’s scope of work to include monthly alarm monitoring after the installation of a Bosch Wireless Security Alarm System; and B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed two thousand two hundred twenty-five dollars ($2,225). 2. City will pay Contractor for all work associated with those services described in Exhibit “A” on a time and materials basis not-to-exceed two thousand two hundred twenty-five dollars ($2,225) per Agreement year. Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit “A” by April 10, 2024. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 6. The individuals executing this Amendment 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 Amendment. /// /// DocuSign Envelope ID: ECF793C2-3A15-423E-8F5F-BD812C871124 13th March PSA19-732GS City Attorney Approved Version 9/27/16 2 CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California JMG SECURITY SYSTEMS, INC. a California corporation By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Gil Ledesma, Vice-President of Sales & Marketing (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, Agreement 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 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. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: ECF793C2-3A15-423E-8F5F-BD812C871124 PSA19-732GS City Attorney Approved Version 9/27/16 3 EXHIBIT “A” SCOPE OF SERVICES AND FEE JMG Security Systems, Inc. will perform annual preventative maintenance consisting of two service visits per year unless otherwise directed by the city project manager. Service visits will include a complete assessment of the functioning of all security cameras, video monitoring, and radio-frequency identification card reader systems located at the Carlsbad Safety Training Center, 5750 Orion Street, Carlsbad, CA 92010. JMG Security Systems, Inc. will also provide monthly alarm system monitoring of the Carlsbad Safety Training Center as well as the maintenance services required to ensure proper functionality of the security alarm system. All services will include visual inspections, testing of equipment, software updates, and recommendations for repairs and upgrades based on the results of the preventative maintenance visits. Database Review- • Review six (6) months prior services and/or alarm history. • Compare central station and panel data for accuracy. • Review client special instructions and operating procedures. Training Needs- • Identify any client training requirements. System Performance- • Ensure system is functioning as it was originally designed and installed. • Test all devices and hardware for each system type. Software Updates- • Determine if any software updates are required. Install or schedule installation with the project manager. Equipment Updates- • Review system equipment and identify any that may be damaged or obsolete. Make recommendations for future replacements and upgrades as required to ensure system continues to function and parts are available for cost-effective repairs. Security System Maintenance Checklist- • Check building and equipment for proper decals and signage. • Test all audible/visual devices. • Test all panels, power supplies and batteries, if applicable. • Check all panel connections. • Conduct visual inspection of all devices, conduit and junction boxes for damage. • Test communication to the Central Station. Inspect any devices as requested by client. • Clean all keypads, motion detectors and other applicable equipment. • Check alarm system communications. Network Video Systems Checklist- • Check date, time, recording and playback operation on all recording equipment. • Check monitors for picture quality and burn-in. • Check all equipment and camera cable connections. • Check camera focus and auto iris operation. DocuSign Envelope ID: ECF793C2-3A15-423E-8F5F-BD812C871124 PSA19-732GS City Attorney Approved Version 9/27/16 4 • Check camera direction view and pan, tilt, zoom operation. • Clean housing and camera lens, monitors and control equipment. City will be responsible for providing lift equipment if equipment cannot be accessed by ladder. • Check all controllers and equipment for proper operation, including DVR fan and cooling systems Access Control Maintenance Checklist- • Check Client Back-up, alarm/transaction activity and hard drive capacity. • Check all computer equipment connections. • Test all door controllers and lock power supply batteries. • Check all readers and locks for proper operation, clean as needed. • Check all exit hardware and request to exit sensors for proper operation. General System Review- • Review facility and client operational changes that may require system additions or modifications. • Recommend new technology or equipment that may improve the client's security. Preventative Maintenance Results and Reporting (Exhibit “B”)- • Provide written checklist and detailed report of service findings to city project manager. Total Systems to be Inspected- • Twenty-one (21) Radio-frequency identification readers • Two (2) Pan-Tilt-Zoom cameras • Seventeen (17) flush mounted wall cameras • One (1) digital video recording system Monthly Security Alarm Monitoring- • Monthly monitoring of Bosch Wireless security alarm system. • Updates to applications associated with the security alarm system. FEES TABLE 1. Preventative maintenance services consisting of two site visits per year. 2. Monthly Security Alarm System Monitoring. Year Preventative Maintenance Service Visits per Year Annual Preventative Services Cost Annual Security Alarm Monitoring Fees Annual Cost 2020 2 $1,625 $600 $2,225 2021 2 $1,625 $600 $2,225 2022 2 $1,625 $600 $2,225 2023 2 $1,625 $600 $2,225 Remaining 4-Year Agreement Total: $8,900 DocuSign Envelope ID: ECF793C2-3A15-423E-8F5F-BD812C871124 7/25/2019 Tolman & Wiker Insurance Services LLC #0E52073 5001 California Ave. Suite 150 Bakersfield CA 93309 Jessica Wilkison (661)616-4700 (661)616-4500 jwilkison@tolmanandwiker.com JMG Security Systems, Inc. 17150 Newhope #109 Fountain Valley CA 92708 Steadfast Ins Co 26387 American Guarantee & Liability Ins Co 26247 Zurich American Ins Co 16535 Hartford Fire Insurance Company 19682 19/20 GL/UMB/WC/CR A X X X Errors & Omissions X $1,000 Deductible X X EOL066286400 8/1/2019 8/1/2020 1,000,000 100,000 10,000 1,000,000 2,000,000 2,000,000 Agency Does Not Write B X X AUC873202800 8/1/2019 8/1/2020 (Follows GL, PL, AU & WC) 5,000,000 5,000,000 C Y WC016987500 8/1/2019 8/1/2020 X 1,000,000 1,000,000 1,000,000 D Employee Dishonesty 51BDDIE1561 8/1/2019 8/1/2020 Limit 100,000 Deductible 2,500 GL: The City of Carlsbad is Additional Insured as respects to operations of the Named Insured per form (GL)UGL1175FCW0413. WC: A Waiver of Subrogation is added in favor of the Additional Insured per form (WC)WC040306. Endorsements apply only as required by current written contract on file. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services PO Box 4668-ECM #35050 New York, NY 10163-4668 certificates-carlsbad@riskworks.com Shaun Kelly/ITZELM Y The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE Ifyes,describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) Additional Insured – Automatic – Owners, Lessees Or Contractors U-GL-1175-F CW (04/13) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add’l. Prem Return Prem. EOL0662864-00 08/01/2019 08/01/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: JMG Security Systems, Inc. 17150 Newhope #109 Fountain Valley, CA 92708 Address (including ZIP Code): This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II – Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. U-GL-1175-F CW (04/13) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV – Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV – Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV – Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III – Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. PSA19-732GS Access and Security System Preventative Maintenance Services at STC 1 City Attorney Approved Version 6/12/18 AGREEMENT FOR ACCESS AND SECURITY SYSTEM PREVENTATIVE MAINTENANCE SERVICES AT STC JMG SECURITY SYSTEMS, INC. THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2019, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and JMG SECURITY SYSTEMS, INC., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a Contractor that is experienced in performing preventative maintenance, programming and repairs of ceiling/wall mounted security cameras and access controlled radio-frequency identification readers. B. Contractor has the necessary experience in providing professional services related to annual preventative maintenance services of access and security system components and programs. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A and B", which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, 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. 3. TERM The term of this Agreement will be effective for a period of five (5) years from the date first above written. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the Agreement term will be twelve thousand five hundred dollars ($12,500) not-to-exceed twenty-five hundred dollars ($2,500) per agreement year. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A and B". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". DocuSign Envelope ID: E143B60F-05C5-4DAF-B765-0DEAC9F7E512 11thApril PSA19-732GS Access and Security System Preventative Maintenance Services at STC 2 City Attorney Approved Version 6/12/18 6. 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 Agreement 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 Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of 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 such workers employed by him or her in the execution of the Agreement. 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. 7. STATUS OF CONTRACTOR Contractor will perform the Services 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 Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement 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 Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the 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 Agreement 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 Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any negligence, DocuSign Envelope ID: E143B60F-05C5-4DAF-B765-0DEAC9F7E512 PSA19-732GS Access and Security System Preventative Maintenance Services at STC 3 City Attorney Approved Version 6/12/18 recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to 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. 11.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 Commercial General Liability (CGL) 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. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 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. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. DocuSign Envelope ID: E143B60F-05C5-4DAF-B765-0DEAC9F7E512 PSA19-732GS Access and Security System Preventative Maintenance Services at STC 4 City Attorney Approved Version 6/12/18 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. 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 Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. DocuSign Envelope ID: E143B60F-05C5-4DAF-B765-0DEAC9F7E512 PSA19-732GS Access and Security System Preventative Maintenance Services at STC 5 City Attorney Approved Version 6/12/18 For City For Contractor Name Jason Kennedy Name Mike Tremblay Title Facility Manager Title Project Manager Department Public Works Address 8148 Ronson #H City of Carlsbad San Diego, CA 92111 Address 1635 Faraday Avenue Phone No. 800-900-4564, ext 316 Carlsbad, CA 92008 Email mtremblay@jmgsecurity.com Phone No. 760-931-2236 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes No 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services 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. DocuSign Envelope ID: E143B60F-05C5-4DAF-B765-0DEAC9F7E512 PSA19-732GS Access and Security System Preventative Maintenance Services at STC 6 City Attorney Approved Version 6/12/18 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, 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 information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor DocuSign Envelope ID: E143B60F-05C5-4DAF-B765-0DEAC9F7E512 PSA19-732GS Access and Security System Preventative Maintenance Services at STC 7 City Attorney Approved Version 6/12/18 and their respective successors. Neither this Agreement 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. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: E143B60F-05C5-4DAF-B765-0DEAC9F7E512 PSA19-732GS Access and Security System Preventative Maintenance Services at STC 8 City Attorney Approved Version 6/12/18 27. 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 CITY OF CARLSBAD, a municipal corporation of the State of California JMG SECURITY SYSTEMS, INC., a California corporation By: By: (sign here) Paz Gomez, Public Works Director as authorized by the City Manager Kenneth C. Jacobs / President, CEO (print name/title) By: (sign here) Gil Ledesma / VP of Sales & Marketing (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President 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. BREWER, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: E143B60F-05C5-4DAF-B765-0DEAC9F7E512 PSA19-732GS Access and Security System Preventative Maintenance Services at STC 9 EXHIBIT “A” SCOPE OF SERVICES JMG Security Systems, Inc. will perform annual preventative maintenance consisting of two service visits per year unless otherwise directed by the city project manager. Service visits will include a complete assessment of the functioning of all security cameras, video monitoring, and radio-frequency identification card reader systems located at the Carlsbad Safety Training Center, 5750 Orion Street, Carlsbad, CA 92010. These services will include visual inspections, testing of equipment and software, and recommendations for repairs and upgrades based on the results of the preventative maintenance visits. Database Review • Review six (6) months prior services and/or alarm history. • Compare central station and panel data for accuracy. • Review client special instructions and operating procedures. Training Needs • Identify any client training requirements. System Performance • Ensure system is functioning as it was originally designed and installed. • Test all devices and hardware for each system type. Software Updates • Determine if any software updates are required. Install or schedule installation with the project manager. Equipment Updates • Review system equipment and identify any that may be damaged or obsolete. Make recommendations for future replacements and upgrades as required to ensure system continues to function and parts are available for cost-effective repairs. Security System Maintenance Checklist • Check building and equipment for proper decals and signage. • Test all audible/visual devices. • Test all panels, power supplies and batteries, if applicable. • Check all panel connections. • Conduct visual inspection of all devices, conduit and junction boxes for damage. • Test communication to the Central Station. Inspect any devices as requested by client. • Clean all keypads, motion detectors and other applicable equipment. Network Video Systems Checklist • Check date, time, recording and playback operation on all recording equipment. • Check monitors for picture quality and burn-in. • Check all equipment and camera cable connections. • Check camera focus and auto iris operation. • Check camera direction view and pan, tilt, zoom operation. • Clean housing and camera lens, monitors and control equipment. City will be responsible for providing lift equipment if equipment cannot be accessed by ladder. • Check all controllers and equipment for proper operation, including DVR fan and cooling systems DocuSign Envelope ID: E143B60F-05C5-4DAF-B765-0DEAC9F7E512 PSA19-732GS Access and Security System Preventative Maintenance Services at STC 10 Access Control Maintenance Checklist • Check Client Back-up, alarm/transaction activity and hard drive capacity. • Check all computer equipment connections. • Test all door controllers and lock power supply batteries. • Check all readers and locks for proper operation, clean as needed. • Check all exit hardware and request to exit sensors for proper operation. General System Review • Review facility and client operational changes that may require system additions or modifications. • Recommend new technology or equipment that may improve the client's security. Preventative Maintenance Results and Reporting (Exhibit “B”) • Provide written checklist and detailed report of service findings to city project manager. Total Systems to be Inspected • Twenty-one (21) Radio-frequency identification readers • Two (2) Pan-Tilt-Zoom cameras • Seventeen (17) flush mounted wall cameras • One (1) digital video recording system Preventative maintenance service consisting of two site visits per year Year Services per Year Annual Service Cost Contingency for Emergency Service Requests Total Annual Cost 2019 2 $1,625 $875 $2,500 2020 2 $1,625 $875 $2,500 2021 2 $1,625 $875 $2,500 2022 2 $1,625 $875 $2,500 2023 2 $1,625 $875 $2,500 5-Year Agreement Total $12,500 DocuSign Envelope ID: E143B60F-05C5-4DAF-B765-0DEAC9F7E512 Z1MGSECURITY Preventative Maintenance ChecklistU SYSTEMS Our service is your security."' Client ---------------Account# ______ _ Database Review D Review 12 months prior service and/or alarm history. D Compare central station and panel data for accuracy. D Review emergency call lists. □Review client special instructions and operating procedures.D Other:-------------------------------- Training Needs □Identify any client training requirements.□Other:-------------------------------------- System Performance D Ensure system is functioning as it was originally designed and installed. D Test all devices per maintenance checklist for each system type. D Other: _____________________________________ _ Software Updates D Determine if any software updates are required and install or schedule them. D Other: ______________________________________ _ Equipment Updates D Review system equipment and identify any that may be damaged or obsolete. Make recommendations for future replacements. D Other: _____________________________________ _ Security System Maintenance Checklist D Check building and equipment for proper decals and yard signs. D Test all audible/visual devices. □Test all panel, power supply and other batteries.□Check all panel connections.D Visual inspection of all devices, conduit and junction boxes for damage.D Test communication to the Central Station.□Inspect any devices as requested by client.D Clean all keypads, motion detectors and other applicable equipment.D Other: ______________________________________ _ Network Video Systems Checklist/ D Check date, time, recording and playback operation on all recording equipment. D Check monitors for picture quality and burn-in. D Check all equipment and camera cable connections. D Check camera focus and auto iris operation. D Check camera direction view and pan, tilt, zoom operation. □Clean housing and camera lens, monitors and control equipment. Lift fees additional if necessary.D Check all controllers and equipment for proper operation, including DVR fan and cooling.□Other: _____________________________________ _ Acces Control Maintenance Checklist □Check Client Back-up, alarm/transaction activity and hard drive capacity.□Check all computer equipment connections.D Test all controller and lock power supply batteries.□Check all readers and locks for proper operation, clean as neededD Check all exit hardware and request to exit sensors for proper operation.D Other: _____________________________________ _ General System Review D Review facility and client operational changes that may require system additions or modifications. D Recommend new technology or equipment that may improve the client's security. □Other: _____________________________________ _ Prev nt tive Maintenance Results □Testing completed. System in working order at time of testing -no additional service required.□Service needed as follows: ____________________________ _ □Repairs completed □JMG will call to schedule □Client will call to schedule□Other Recommendations: _____________________________ _ Client acknowledges that the above testing has been completed in its entirety and any service issues found have been listed above, reviewed with client and, any service necessary has been performed and/or scheduled per client request. As applicable, under separate agreement, fire alarm systems are tested in accordance to NFPA standards. JMG Inspector Client Print Name Signature JMG 113 Rev. (6/16) Date Print Name Signature 17150 Newbope St., Suite 109 • Fountain Valley, CA 92708 • Tel: 800-900-4S64 • Fax: (714) S4S-03S2 • www.jmgsecurity.com Alann License ACO3759 • Conlractors License 575070 White -Office Pink-Client Date EXHIBIT "B"DocuSign Envelope ID: E143B60F-05C5-4DAF-B765-0DEAC9F7E512 The ACORD name and logo are registeredmarks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACHOCCURRENCE $ MED EXP(Any oneperson)$ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACHOCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes,describeunderDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSDADDL WVDSUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDINGCOVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025(201401) 7/31/2018 Tolman & Wiker Insurance Services LLC #0E52073 5001 California Ave. Suite 150 Bakersfield CA 93309 Jessica Wilkison (661)616-4700 (661)616-4500 jwilkison@tolmanandwiker.com JMG Security Systems, Inc. 17150 Newhope #109 Fountain Valley CA 92708 Everest Indemnity Ins Co 10851 Everest Premier Ins Co 16045 Everest National Ins Co 10120 18/19 GL/UMB/WC/CR A X X X Errors & Omissions X $1,000 Deductible X X 51GL013901181 8/1/2018 8/1/2019 1,000,000 500,000 10,000 1,000,000 2,000,000 2,000,000 Agency Does Not Write A X X 51CC005026181 8/1/2018 8/1/2019 (Follows GL, PL & WC) 5,000,000 5,000,000 B Y 5300003299181 8/1/2018 8/1/2019 X 1,000,000 1,000,000 1,000,000 C Employee Dishonesty 51CR000226181 8/1/2018 8/1/2019 Limit 100,000 Deductible 2,500 GL: The City of Carlsbad is Additional Insured as respects to operations of the Named Insured per form (GL)ECG205990509. WC: A Waiver of Subrogation is added in favor of the Additional Insured per form (WC)WC040306. Endorsements apply only as required by current written contract on file. Shaun Kelly/ASHLES Y City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services PO Box 4668-ECM #35050 New York, NY 10163-4668 certificates-carlsbad@risk Y COMMERCIAL GENERAL LIABILITY ECG 20 599 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECG 20 599 05 09 Copyright, Everest Reinsurance Company 2009 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES ORCONTRACTORS–AUTOMATIC STATUS WHEN REQUIREDINWRITTEN CONTRACT OR AGREEMENT WITH YOU –INCLUDING COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A.Section II – Who Is An Insured is amended toinclude as an additional insured any person ororganization for whom you are performing opera-tions, but only when you and such person or or-ganization have agreed in writing in a contract oragreement prior to the commencement of suchoperations that such person or organization be added as an additional insured on your policy.Such person or organization is an additional in-sured only with respect to liability for "bodily in-jury", "property damage" or "personal and adver-tising injury"but only to the extent caused, inwhole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on yourbehalf; in the performance of “your work” for an addi-tional insured. B.The insurance afforded to an additional insuredshall only include the insurance required by theterms of the written agreement and shall not bebroader than the coverage provided within theterms of the Coverage Part. C.The Limits of Insurance afforded to an additionalinsured shall be the lesser of the following: 1.The Limits of Insurance required by the writ-ten agreement between the parties; or 2.The Limits of Insurance provided by this Cov-erage Part. D.With respect to the insurance afforded to anadditional insured, the following additional exclu-sions apply: This insurance does not apply to: 1.“Bodily injury”, “property damage” or “personaland advertising injury” arising out of any act oromission of an additional insured or any of itsemployees. 2."Bodily injury", "property damage" or "personal and advertising injury" arising out of the ren-dering of, or the failure to render, any archi-tectural, engineering or surveying services,including: (a)The preparing, approving, or failing toprepare or approve, maps, shop drawings,opinions, reports, surveys, field orders,change orders or drawings and specifica-tions; or (b)Supervisory, inspection, architectural orengineering activities. 3."Bodily injury", "property damage" or "personaland advertising injury" arising out of any con-struction projects that are part of a consoli-dated (wrap-up) insurance program. This ex-clusion also applies to any: (a)Work or operations performed; or (b)Materials, parts or equipment furnished; in connection with such wrap-up constructionprojects, regardless of whether they are per-formed or furnished at the location of thewrap-up construction project or anywhereelse. Policy Number: 51GL013901181 Policy Number: 51GL013901181 Policy Number: 51GL013901181 Policy Number: 51GL013901181