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HomeMy WebLinkAboutRestoration ArTechs Inc; 2020-06-01; PWLCA 1912Tracking#: PW-LCA 1912 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT RESTORATION OF SCULPTURE TITLED CONTEMPLATION This agreement is made on the / if day of T L-l.Qt' , 2020, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Restoration ArTechs, Inc. whose principal place of business is 6241 Yarrow Drive, Suite C, Carlsbad, CA 92011 (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: Cultural Arts Manager Richard Schultz (City Project Manager) WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107 .5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. NAME OF PROJECT; CONT. NO. PW-LCA 1912 -Page 1 of 7 City Attorney Approved 1/25/2019 Tracking#: PW-LCA 1912 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 ·urisdiction is grounds for the City of Carlsbad to disqualify the Contractor or s~ractor from particip ng in contract bidding. Signature: /--✓~~~~ ------r , ____ _ Print Name: . L "->d 12 ;l l,f 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 NAME OF PROJECT; CONT. NO. PW-LCA 1912 -Page 2 of? City Attorney Approved 1/25/2019 Tracking#: PW-LCA 1912 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. NAME OF PROJECT; CONT. NO. PW-LCA 1912 -Page 3 of 7 City Attorney Approved 1/25/2019 Tracking#: PW-LCA 1912 Start Work: Contractor agrees to start within 30 (thirty) working days after receipt of Notice to Proceed. Completion: to Proceed. Contractor agrees to complete work within 90 (ninety) working days after receipt of Notice CONTRACTOR'S INFORMATION. Restoration ArTechs, Inc. (name of Contractor) (Contractor's license number) (license class. and exp. date) (DIR registration number) (DIR registration exp. date) 6241 Yarrow Drive, Suite C (street address) Carlsbad, CA 92011 (city/state/zip) 760-804-5707 (Office) 760-846-3323 (Mobile) (telephone no.) ·· (fax no.) )'¥c'LtT'-I({., Www.re'storationartechs.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 By:/~ // ~.:..-·· / (sign here) Barry Feinman, President (print name/title) --7 _,,..,-By:.•· . ,,'~-··:r-·~ .. '--(-:> -, ------~ (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California HATHER PIZZUTO, irary & Cultural Arts Director, as authorized by the City Manager City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. !f...E. corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Othetwise, 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: ; CONT. NO. PW-LCA 1912 -Page 4 of 7 City Attorney Approved 1/25/2019 Tracking#: PW-LCA 1912 EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to Business Name and Address DIR Registration License No., %of be Subcontracted No. Classification & Total Exoiration Date Contract None Total% Subcontracted: __ ___,N..::l.:....A,...._ __ _ NAME OF PROJECT; CONT. NO. PW-LCA 1912 -Page 5 of 7 City Attorney Approved 1/25/2019 EXHIBIT B SCOPE OF SERVICES Tracking#: PW-LCA 1912 Full restoration of Contemplation, a sculpture created by artist T.J. Dixon in 2001 , located in the right grassy area at the front entrance to the Georgina Cole Library, at 1240 Carlsbad Village Drive, Carlsbad, CA 92008. Description of Art Sculpture Image of Site Location Photo of Contemplation sculpture dated 2008 The piece is a hollow cast representation of a seated female figure wearing a long dress. The figure has her knees drawn up to her chest and her arms crossed on top of her knees. She is on top of a hollow painted aluminum, square pedestal on which the plaque is mounted on the back side. The sculpture on its base measures approximately 6'6" feet tall. The piece was created in 2001. Task -Restoration Refinish bronze sculpture on an upright metal plinth. Paper and protect adjacent work areas and public access areas. Work to be done when library facility is closed. Use vapor blast technology with fine glass bead/garnet to remove damaged brown patina finishes and cupric staining while minimizing profiling of metal. Repair patina as needed and hand-highlight to desired appearance. Apply protective 2-part matte finish and three coats of wax. Clean and enhance plinth and apply protect clear finish. At the conclusion of the restoration, the Contractor shall produce a written report to the City's Cultural Arts Manager or designee which includes a summary of the restoration process, current condition of statue and any recommended maintenance caused by environmental conditions. Restoration cost: $4,280 The Contractor shall perform to the standards required in this jurisdiction and will be expected to work closely with Cultural Arts Manager or designee throughout the duration of this Agreement. The Contractor bears the sole burden for ensuring that all legally required licenses and permits are obtained and renewed as specified by the regulating agency. This information is provided as a guide only. The Contractor must verify and comply with all Federal, State and Local requirements, whether listed here or not. NAME OF PROJECT; CONT NO. PW-LCA 1912 -Page 6 of ? City Attorney Approved 1/25/2019 Tracking#: PW-LCA 1912 Payment Schedule 1. An amount of $2,140 (50% of total agreement cost) will be paid upon the execution of the Agreement. 2. An amount of $1,284 (30% of total agreement cost) will be paid upon completion of the restoration of the ARTWORK and verified by the Cultural Arts Manager. 3. An amount of $856 (final 20% of total agreement cost) will be paid upon the delivery of a written report produced by the Contractor and written acceptance of the sculpture restoration in a manner acceptable to the Cultural Arts Manager or designee. Invoicing/ Payment All invoices shall be submitted to City's Cultural Arts Manager Richard Schultz or designee and shall be sufficiently detailed to include related activities and costs. Final invoice approval will be completed by City's Library & Cultural Arts Director or designee. NAME OF PROJECT; CONT. NO. PW-LCA 1912 -Page 7 of? City Attorney Approved 1/25/2019 ~ RESTART-01 yr.:n11,u::7 ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYYI ~ 5/8/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pollcles may require an endorsement. A statement on this certificate does not confer rlahts to the certificate holder In lieu of such endorsement(s). PRODUCER 2lmI~cT AUTO CLUB SERVICES, LLC Auto Club Services, LLC r.::g,N:o, Ext): (888) 416-2402 I FAX 2601 S. Figueroa St (AIC, No): MS H302 Jtl,'}l~ss: Los Angeles, CA 90007 INSURERISI AFFORDING COVERAGE NAIC# INSURER A: lnteaon National Insurance Comcanv 29742 INSURED INSURER B: Restoration Artechs Inc INSURER C: Barry Feinman 6241 Yarrow Drive Suite C INSURER D: Carlsbad, CA 92011 INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVVITHSTANDING 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 ~.?.P} ~ POLICY NUMBER POLICY EFF POLICY EXP LIMITS I TR COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ ~ ~ CLAIMS-MADE □ OCCUR ~~ttt~U9i::~ENTED $ ~--MED EXP (Anv one oersonl $ ~ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ H PoLlcY D ~f8r D Loe PRODUCTS -COMP/OP AGG $ OTHER: $ A AUTOMOBILE LIABILITY n,~~~~~~~1f1NGLE LIMIT $ 1,000,000 ANY AUTO 2007203310 12/7/2019 12/7/2020 BODILY INJURY (Per P8fSonl $ / -OWNED X SCHEDULED -AUTOS ONLY ~ AUTOS BODILY INJURY (Per accident) $ X ~L'VWsoNLY X ~~&vm1~ f~7~~d~it~AMAGE $ $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ s WORKERS COMPENSATION LLPER I I ~~H-AND EMPLOYERS' LIABILITY .sJ:t._JJJIE_ Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE □ N/A E.L. EACH ACCIDENT $ ~FICER/MlM~~R EXCLUDED? andatory n ) E.L DISEASE -EA EMPLOYEE $ ~ii~~ftt~ ~tgPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Rem.1rka Schedule, m.1y be attached If more space Is required) ••••-PROOF OF COMMERCIAL AUTOMOBILE LIABILITY 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. CULTURAL ARTS DEPARTMENT CARLSBAD CITY LIBRARY COMPLEX 1775 Dove Lane AUTHORIZED REPRESENTATIVE Carlsbad, CA 92011 , ~ ·>··'.1 'J,a;;..._,;,..,·~ .. /F--'!r I ;-, /1 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~· 05/08/2020 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 endorsementls). PRODUCER ~~~ACT SARA SPAID COMPREHENSIVE COMMERCIAL INS. SERVICES, INC. rtJ&Ni Ext\ 951-699-2968 I ff/c Noi 951-699-2965 41593 WINCHESTER ROAD, SUITE 200 ~tl"~1css OPERATIONS@THINKCCIS.COM TEMECULA, CA 92590 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: MESA UNDERWRITERS SPECIAL TY INS CO AXIV INSURED INSURER B: RESTORATION ARTECHS, INC. INSURERC: 6241 YARROW DR., STEC INSURER □: CARLSBAD, CA 92011 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 114390 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 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL ?.UBR POLICY NUMBER ,;gJilf,}'..,?Vv, POLICY EXP LIMITS LTR INSR WVD IMM/DDIYYYYl A GENERAL LIABILITY X X MPDD04018D04107 -06/09/201£ 06/09/202r EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY ~REM~IcJ ?E~~~~r'i'ence) $ 100,000 -~ CLAIMS.MADE [Kl OCCUR -MED EXP (Any one person) $ 5 000 PERSONAL & ADV INJURY $ 1000000 - -GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2 000 000 x1 POLICY n ~fc?r n LOC $ AUTOMOBILE LIABILITY (Ea accidentf'NGLI= LIMI 1 $ --ANY AUTO -BODILY INJURY (Per person) $ ALL OWNED SCHEDULED -AUTOS -AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON-OWNED (P~'f~~id.intY''-Ml\e>t: $ -~ AUTOS $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDI I RETENTION $ ~ WORKERS COMPENSATION I ·;tv":.:,,,_:; I 1u2.s· AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE□ N/A E. L. EACH ACCIDENT $ ~.W~;t~TnMH~r EXCLUDED? E.L DISEASE -EA EMPLOYEE $ 1/l"ic~~ ~i~PERATIONS below EL DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) NON-PAYMENT OF PREMIUM NOTIFICATION IS 10 DAYS. THE CITY OF CARLSBAD, (OR IF APPLICABLE-THE CITY OF CARLSBAD REDEVELOPMENT AGENCY, HOUSING AUTHORITY OR CARLSBAD MUNICIPAL WATER DISTRICT) ITS OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE ADDED AS ADDITIONAL INSURED WITH PRIMARY AND WAIVER WORDING ON ENDORSEMENT MUS0101201270316. CERTIFICATE HOLDER CITY OF CARLSBAD CULTURAL ARTS DEPARTMENT CARLSBAD CITY LIBRARY COMPLEX 1775 DOVE LANE CARLSBAD, CA 92011 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. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD / MESA UNDERWRITERS SPECIAL TY INSURANCE COMPANY POLICY NUMBER: MP0004018004107 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED Al -PRIMARY NON-CONTRIBUTORY - WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Blanket Additional Insureds -As Required By Contract A. Subject to the Primary and Non-Contributory provision set forth in this endorsement, SECTION II -WHO IS AN INSURED is amended to include as an additional insured any person or organization whom you have agreed in a written contract, written agreement or written permit that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury" or "property damage" or, to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury" caused, in whole or in part, by: 1. Your ongoing operations, "your product", or premises owned or used by you; With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damagen or, to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services by or for you, 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; and b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrong-doing 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, to the extent applicable under the Coverage Part to which this endorsement applies, the offense which caused the "personal and advertising injury", involved the rendering of, or failure to render, any professional architectural, engineering or surveying services. 2. Your maintenance, operation or use of equipment, other than aircraft, "auto" or watercraft, rented or leased to you by such person or organization. A person or organization's status as an additional insured under this endorsement ends when their contract. or agreement with you for such r.anted or leased ~quipment ends. With respect to 1he insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the rental agreement or equipment lease expires. The provisions of this coverage ex.tension do not apply unless the written contract or.written agreement has been executed (executed means signed by the named insured) or written permit issued prior to the "bodily injury" or "property damage" or, to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury". MUS 01 01 20127 0316 rnsu:red Copy Page 1 of 2 Primary and Non-Contributory Provision The following is added to Paragraph 4. Other Insurance, b. Excess Insurance under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: . This insurance shall be excess with respect to any person or organization included as an additional insured under this policy, any other insurance that person or organization has shall be primary with respect to this insurance, unless: 1) The additional insured is a Named Insured under such other insurance; 2) You have agreed in a written contract, written agreement or written permit to include that additional insured on your General Liability policy on a primary and/or non-contributory basis; 3) The written contract or written agreement has been executed (executed means signed by the named insured) or written permit issued prior to the "bodily injury" or "property damage" or, to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury"; and 4) With respect to indemnity, you have been adjudicated liable in full for the "bodily injury" or "property damage" or, to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury". Waiver Of Transfer Of Rights Of Recovery The following is added to Paragraph 8. Transfer of Rights Of Recovery Against Others To Us under SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: We will waive any right of recovery we may have against a person or organization because of payments we make for "bodily injury" or "property damage" arising out of your ongoing operations or "your work" done under a written contract or written agreement and included in the "products-completed operations hazard", if: 1. You have agreed to waive any right of recovery against that person or organization in a written contract or written agreement; 2. Such person or organization is an additional insured on your policy; or 3. You have assumed the liability of that person or organization in that same contract, and it is an "insured contract". The section above only applies to that person or organization identified above, and only if the "bodily injury" or "property damage" occurs subsequent to the execution of the written contract or written agreement. All other terms and conditions of this policy remain unchanged. MUS 01 01201270316 Page 2 of 2 ACORD8 CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~ 05/13/2020 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($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~v"'"~ Automatic Data Processing Insurance Agency, Inc. NAME: Automatic Data Processing Insurance Agency, Inc. PHONE 1-800-524-7024 I FAX IA/C No. Extl: (A/C No): E-MAIL ADDRESS: 1 Adp Boulevard INSURER($) AFFORDING COVERAGE NAIC# Roseland NJ 07068 INSURER A: Security Natl Ins Co 19879 INSURED Restoration ArTechs Inc. INSURER B: INSURERC: 2382 CAMINO VIDA ROBLE STE E INSURER D: INSURER E: Carlsbad CA 92011 INSURER F: COVERAGES CERTIFICATE NUMBER: 1524051 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 ,. ,~, (~~LJiMi1 POLICY EXP LTR TYPE OF INSURANCE IN"'n IWVD POLICY NUMBER (MM/DDIYYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ - CLAIMS-MADE □ OCCUR U"M"'>C J (I "C°' , CU $ PREMISES Ea occurrence) - MED EXP (Any one person) $ - PERSONAL & ADV INJURY $ - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s =i □PR~ DLoc PRODUCTS -COMP/OP AGG $ POLICY JECT OTHER: $ AUTOMOBILE LIABILITY (Ea acciden 'trlNGLE LIMl1 s -ANY AUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) s -HIRED -NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) s --$ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE s OED I I RETENTION $ s WORKERS COMPENSATION 1XI m:TUTE I I ~RM-AND EMPLOYERS' LIABILITY Y/N A ANY PROPRIETOR/PARTNER/EXECUTIVE ~ N SWC1264063 12/08/2019 12/08/2020 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 / ~~st~rtf[o~ O~OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad Cultural Arts Department ACCORDANCE WITH THE POLICY PROVISIONS. Carlsbad City Library Complex AUTHORIZED REPRESENTATIVE 1775 Dove Lane --n-i.. ),~~ Carlsbad CA 92011 I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD