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HomeMy WebLinkAboutCHATTEL, INC�- ,r�U ON FILE viAY PROCEED ;,ARANCE EXPIRES ur COUNCIL N-2022-194 O: P$ffco) AGREEMENT WITH CHATTEL, INC. TO PROVIDE r� HISTORIC RESOURCES SERVICES �x AVIC% rk VjJIA✓t%I,fPr THIS AGREEMENT made and entered into this I' day of July, 2022, by and between CHATTEL, INC., a California Corporation (hereinafter "Consultant"), and the CITY OF N SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). C11J RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of historic resources, Historic Properties and Mills Act applications. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide various historic resources services for the City upon request of the Executive Director of the Planning and Building Agency, as set forth in Consultant's Proposal dated March 30, 2022, attached hereto as Exhibit A and incorporated herein by this reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount to be expended during the term of this Agreement shall not exceed $20,000. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 1 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2023, unless terminated earlier in accordance with provisions, below. The Tenn of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, ajoint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed 2 operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non - owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. Verification of Coverage Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. 4 Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terns of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to, claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of 5 all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terns or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, 3 promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement . may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 7 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Planning and Building Agency City of Santa Ana 20 Civic Center Plaza (M-20) P.O. Box 1988 Santa Ana, California 92702 To Consultant: Robert Jay Chattel, AIA President Chattel, Inc 13417 Ventura Boulevard Sherman Oaks, CA 91423 (818) 788-7954 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, cormmunication shall be effective or deemed to have been given three (3) days after it has been N-2022-194 deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council T"F APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney CITY OF SANTA ANA RIUST E RIDGE City Manager CONSULTANT By: �BpPittLlatl (��((¢� Jose Montoya Robert Jaygligfiel, ALA Assistant City Attorney President [Signatures continued on the following page] RECOMMEND APPROVAL: o ' MINH THAI Executive Director Planning & Building Agency 10 EXHIBIT A 11 June 20, 2022 VIA EMAIL (PGomez(d_)santa-ana.oro) Mr. Pedro Gomez Planning and Building Agency City of Santa Ana 20 Civic Center Plaza, M-20 Santa Ana, CA 92701 Re: Proposal for Historic Preservation Consulting Services Dear Pedro, In response to your recent email, Chattel, Inc. (Consultant) is pleased to provide this proposal for historic preservation consulting services for the City of Santa Ana (City). It is understood that the City requires assistance in processing Santa Ana Register of Historical Properties (Santa Ana Register) and Mills Act applications over fiscal year 2022-2023, consistent with the services we are currently providing. Specifically, Chattel will provide preliminary assessments of Santa Ana Register eligibility and peer review:of Department of Parks and Recreation (DPR) forms completed by City staff. Additionally, if the City has need for general historic preservation consultation, Chattel will provide such on an as -needed, time -and -materials basis, up to the limits of the contract. Chattel understands that the City intends to issue a Master Services Agreement for these services, as described by the following scope of work. Firm Description Chattel, Inc. is a consulting, firm that provides solutions for historic properties. Robert Jay Chattel, AIA, its president, is a California licensed architect who meets the Secretary of the Interior's Professional Qualification Standards as a historic architect. Project materials prepared by Consultant are instruments of service. For over 25 years, our staff of architects, historians, and planners has worked to get:financial incentives for rehabilitation projects. We also help governmental agencies and stakeholder groups identify important community resources and plan for their preservation. The regulatory world surrounding development projects can be complex, and we have the skills and experience to streamline project review and achieve creative changes to historic properties. From our Los Angeles office, we assist clients throughout the western United States. Brief biographies of Chattel team members are attached. Please read about our success stories at www.chattel.us. We have extensive experience with the identification, research, and evaluation of historical resources. Chattel has been providing these services to communities and property owners for over two decades and specifically to the City of Santa Ana for the last several years. In addition, Chattel recently (2020) completed an Historical Resources Technical Report, identifying all documented historical resources in Santa Ana, in support of the Santa Ana General Plan Update and its associated Environmental Impact Report. Mr. Pedro Gomez June 20,2022 Page 2 Scope of Services :Task 9 Eligibility Assessment. Chattel will recommend the eligibility or non -eligibility of each group of properties for whom applications for listing in the Santa Ana Register of Historical Properties and award of a Mills Act contract have been received by the City. If Chattel recommends eligibility, the appropriate categorization of "Landmark," "Key," or "Contributive" will also be proposed. The City will provide photographs, background research, and initial determinations of eligibility. As time permits and according to need, Chattel may supplement the City's research or may request that additional research be completed by the City, on a case -by -case basis. All recommendations for eligibility and categorization will be based on the criteria specified in Chapter 30 of the City's Municipal Code. It is anticipated that one memo approximately one month prior to each bimonthly scheduled meeting of the Historic Resources Commission will be required. Deliverable: • Brief memoranda, one per Commission agenda, summarizing recommendations for eligibility or non -eligibility and appropriate categorization and the reasons for those recommendations for eleven properties. The memos will be submitted to the City electronically within five business days of receipt of completed research and photography. Task 2 Review of Santa Register of Historical Properties Applications. Chattel will provide peer review of applications (DPRs and Executive Summary Forms) for each group of properties applying for inclusion in the Santa Ana Register. The City will provide the completed templates in MS Word. Chattel will review the templates in MS Word "Track Changes" and will leave comments in the files, as appropriate. Chattel's review will be focused on ensuring that the templates satisfy the State of California Office of Historic Preservation (OHP) Instructions for Recording Historical Resources and other professional standards. The Chattel reviewer will satisfy the Secretary of the Interior's Professional Qualification Standards, in accordance with OHP requirements. Deliverable: • Review of each group of Santa Ana Register applications, with edits and comments provided in electronic format ("Track Changes"). Task 3 As -Needed Historic Preservation Consultation. If hours and budget are available, and if requested by Staff, Chattel is available to provide guidance by qualified historic preservation professionals on a variety of issues. These issues may include (but are not limited to): determinations of eligibility of applicants to the Santa Ana Register of Historical Properties; attendance of the Historic Resources Commission meetings; assistance with the application of the Secretary of the Interior's Standards for Rehabilitation; and guidance in the implementation of the City's Mills Act program. Deliverable: To be determined on an as -needed basis Inclusions The scope of services of this agreement is dependent on the City's provision of the addresses, research, photography, and draft DPR forms to Chattel for its consideration and review. Limited additional historical research may be performed, as necessary. Although not anticipated, site visits (from the public right-of-way) may also be conducted. Archaeological investigations, tribal consultation, and public outreach are excluded from the limited Mr. Pedro Gomez June 20, 2022 Page 3 scope of services provided in this agreement. In -person or virtual public hearings are not budgeted as part of Task 1 or Task 2, but may be added on a time -and -materials basis, upon request. Requested Items In order to facilitate our work, we request clear copies of the following documents, preferably high - resolution digital reproductions (JPEG or PDF format): • Address and neighborhood location of each of the eleven properties in question. • Photographs of the eleven properties. At least 3 views, obliques and directly in front, of each property are preferable. • Copies of all building permit cards for each property. • Any other research relevant to each property, such as a PDF of the owner/ applicant application form, Ancestry.com data (city directories, federal census, etc.) or Santa Ana library research, if available. • Draft applications completed by the City. Project Cost Estimate Given the unspecified number of applications to be processed and additional services that may be requested, total project costs cannot be estimated. Therefore, we propose to work on a time and materials basis, for a not -to -exceed total of $20,000. We bill extraordinary expenses of air travel, car rental, hotel, outside photocopying, and film, processing and printing at cost. We will utilize the following individuals at our reduced (municipal) hourly rates. You will be notified in advance of any changes in the foregoing rates or personnel. Key staff and point of contact will be Leslie Heumann, architectural historian. Architectural historian ,and historic architect Robert Chattel will be principal in charge and other staff would be available for peer review and additional subject expertise as necessary. Name Title/Title Hourly Rate Reduced Rate Robert Chattel Principal/Preservation Architect $360 $190 Leslie Heumann Principal.Associate $180 $150 Christi di lorio Principal Associate $180 $150 Susan O'Carroll, Ph.D. Consulting Principal Associate $180 $150 Nels Youngborg Senior Associate $150 $95 Alvin -Christian Nuval Associate III $140 $95 TBD Associate II $120 $95 TBD Associate 1 $100 $95 TBD Office Manager $60 $60 TBD Intern $40 $40 This proposal is valid for 60 days. If this proposal is acceptable, please forward the Master Services Agreement for our review and signature. Our insurance documentation is on file with the City and will be updated upon request. Should'you have questions, please call (818) 788-7954 (office) or (323- 459-9666, Leslie Heumann mobile). Very truly yours, CHATTEL, INC.� By: IN Mr. Pedro Gomez June 20,2022 Page 4 Robert Jay Chattel, AIA, President California Architect License No. C27398 Architects are licensed and regulated by the California Architects Board located at 2420 Del Paso Road, Suite 105, Sacramento, CA 95834 Mr. Pedro Gomez June 20,2022 Page 5 STAFF BIOGRAPHIES ROBERT JAY CHATTEL, AIA President / Historic Architect Both a licensed general contractor and architect in California with more than 30 years' experience in planning, design and construction, Robert Chattel's unique qualifications include meeting the Secretary of the Interior's Professional Qualifications Standards in Architectural History and Historic Architecture. Robert has experience working for non-profit, government, and for -profit entities, including the Los Angeles Conservancy, Community Redevelopment Agency of the City of Los Angeles and a private real estate developer. He holds a B.A. in Architecture from U.C. Berkeley and a M.S. in Historic Preservation from Columbia University. In 1994, he established Chattel, Inc. From its office in Los Angeles, the firm works on design collaboration, environmental review and preservation policy projects in the western United States. As President, Robert specializes in applying the Secretary of the Interior's Standards for the Treatment of Historic Properties and interpreting federal, state and local historic preservation law and regulations. Robert and his firm have received awards from the California Preservation Foundation, Los Angeles Conservancy, American Planning Association, and the City of Los Angeles for projects ranging from preservation of the Beverly Hills Waterworks (the subject of his master's thesis) to stabilization of the Breed Street Shul in east Los Angeles, and rehabilitation of the downtown Los Angeles Central Library. LESLIE HEUMANN Principal Associate / Principal Architectural Historian Leslie Heumann, Architectural Historian, with over 40 years of experience in all aspects of historic resource management, specializes in historic resource surveys, historic assessments, and landmark nominations; use of the Secretary of the Interior's Standards for Treatment of Historic Properties; and preparation of documentation pursuant to the California Environmental Quality Act, National Historic Preservation Act, and National Environmental Policy Act. Beginning her career with the City of Pasadena, where she eventually became the coordinator of the citywide Architectural and Historical Inventory, Leslie went on to conduct historic resources surveys in Alhambra, Altadena, Beverly Hills, Carmel, Glendale, Houston, Long Beach, Los Angeles, Rancho Mirage, San Clemente, Santa Ana, Santa Monica, South Pasadena, Upland, West Hollywood:and several other communities as well as for the Los Angeles Unified School District and other school districts. Leslie's expertise also includes preparation of context statements and individual property Historic Resource Assessments. She has authored or supervised the preparation of numerous cultural resources impacts reports in support of CEQA and NEPA for projects throughout California ranging in scope from individual developments to General Plan updates, Additional areas of expertise include drafting local historic preservation ordinances, Historic American Buildings Survey documentation and historic school modernization issues. Leslie meets the Secretary of.the Interior's Professional Qualifications Standards in History and Architectural History. Mr. Pedro Gomez June 20, 2022 Page 6 SUSAN O'CARROLL, Ph.D. Consulting Principal Associate I Principal Planner Susan O'Carroll has over 25 years of planning experience, and for the last 20 has worked as a California Environmental Quality Act (CEQA) specialist managing preparation of Environmental Impact Reports (EIRs), Negative Declarations, and environmental document critiques. Susan has managed preparation of over twenty EIRs, and numerous Negative Declaration and Mitigated Negative Declaration documents. She is experienced in preparing EIRs for controversial projects and for projects where development and evaluation of a range of alternatives is key to clarifying environmental issues facing decision - makers. Examples of such projects include Central Area New Learning Center #1 (Ambassador Hotel site, cultural resources section) for Los Angeles Unified School District and the Rancho Malibu Hotel project in the City of Malibu. Susan managed preparation of a focused EIR for a highly controversial project in the City of Beverly Hills, the Chateau Arnaz project, which dealt both with historic issues and the development of alternatives. She also contributes to projects involving formulation of preservation policy: for the City of Carmel, she participated in drafting the historic preservation ordinance; and for Mare Island in Vallejo, she helped prepare Historic Resources Project Guidelines. Susan holds Ph.D. and M.PI. degrees in Urban and Regional Planning from USC and a B.A. in Experimental Psychology from UC Santa Barbara. She has provided customized CEQA training for cities of Beverly Hills, Los Angeles, Santa Clarita and Santa Paula, as well as for the Planner's Institute. She served for seven years as part-time faculty for Schools of Public Administration and Urban and Regional Planning at USC where she taught courses;on policy analysis, urban economics, transportation planning, and urban studies. Susan also served as Adjunct Faculty for Troy State University's Master of Public Administration Program in the Pacific Theater, where she taught Intergovernmental Relations, Research Methods and Economics for Public Administrators. CHRISTINE DI IORIO, AICP Principal Planner I Architectural Historian ff Christi di lorio has over 28 years of experience as a planner working for various cities in California, most recently as project manager for the City of Millbrae where she managed and orchestrated special economic and development projects through.the entitlement process. She has also worked as Community Development Director for City,of Marina where she managed six divisions with an annual general fund budget of $10 million dollars; for the City of Carmel -By -The -Sea as Community Planning and Building Director; and for the City of La Quinta as Planning Manager. Christi holds a Bachelor's degree from Colorado State University in Historic Preservation and a Master of Arts degree from University of California, Riverside in Historic Resources Management. She is certified by the American Institute of Certified Planners (AICP) and meets the Secretary of the Interior's Professional Qualifications Standards in History and Architectural History. Mr. Pedro Gomez June 20,2022 Page 7 NELS YOUNGBORG Senior Associate / Architectural Historian Nels Youngborg has thirteen years of experience in the architectural inspection services and historic preservation fields. He holds a Masters Certificate in Historic Preservation from the University of Texas, San Antonio and is completing his thesis for a M.S. in Historic Preservation from the University of Pennsylvania. For over six years, Nels worked as a consultant to advise public housing authorities on best practices for maintaining, weatherizing and rehabilitating their properties and how to approach projects that would impact historic resources. These services required experience with material life -cycle analysis, LEED AP accreditation, federal certification for real estate assessment, and intimate knowledge of Federal and State regulations regarding historic resources. Nels also worked as a student professional worker and an emergency appointment planning assistant at the City of Los Angeles Department of City Planning Office of Historic Resources for two years. He managed the Historic - Cultural Monument program, worked with the Cultural Heritage Commission to create their hearing schedule, wrote staff reports to advise the City's historic preservation cases, assisted in management of the Mills Act program, reviewed and cleared permits for historic resources, reviewed Environmental Impact Reports that proposed potential impacts to historic resources, and served as the social media coordinator for SurveyLA, the Los Angeles Citywide Historic Resources Survey. At Chattel, Nelshas continued to manage aspects of the City of Los Angeles's Mills Act Program, including pre -approval and periodic inspections. Nels specializes in assessment of historic significance, design review, permit expediting, geolocational database management and map creation through ArcGIS software, material condition assessment and risk analysis, preparation of documentation to support local, State and Federal historic preservation regulations, such as the Los Angeles Cultural Heritage Ordinance, Mills Act, California Environmental Quality Act (CEQA), National Historic Preservation Act (NHPA), and compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties. ALVIN-CHRISTIAN NUVAL Associate II 1 Planner Alvin holds both a Master of Urban and Regional Planning with concentrations in Design and Development and Transportation Policy and Planning and a B.A. in Global Studies with a Minor in Education Studies from UCLA. Alvin's professional experience includes interning for Chattel prior to advancing as an Associate, working with cultural community - based organizations in Historic Filipinotown and Little Tokyo, and engaging in the production of events such as the Los Angeles Asian Pacific Film Festival and CicLAvia. At Chattel, Alvin has drafted historic resource assessments and historic context statements; conducted neighborhood and property research, field surveys, and DPR documentation; and produced graphics such as significant space diagrams and alteration maps to support various assessments and reports. In 2018, Alvin received a Student Scholarship to attend the National APIA Historic Preservation Forum in San Francisco. At UCLA, his master's capstone project focused on identifying ways to support teachers, educators, and parents, in introducing urban planning topics to elementary school -aged children. For his work, he received a Shapiro Fellowship and was selected by the Lewis Center for Regional Policy Studies as a student grantee. Alvin is passionate about making urban planning concepts and ideas more accessible to people of all ages and sees good design as a way of connecting to people from different backgrounds. Digitally signed by Tori ,son Tori Pierson PieDate:IDd3.D,.,d,D:1fiAg ACORO® CERTIFICATE OF LIABILITY INSURANCE' `i DATE (mm Don rYO 11 /22/2021 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). PRODUCER Newfront Insurance Services, LLC 450 Sansome Street Suite 300 CONTACT Josie Ruzette NAME: PHONErAI N Bar. (415) 754-3635 ac No E-MAIL ADDRESS: josle.ruzette@newfront.com INSURERS AFFORDING COVERAGE NAIC9 San Francisco CA 94111 msURERA: Sentinel Insurance Company Ltd 11000 INSURED INSURER B: Prop $, Cas Ins CO Hartford 34690 INSURERC: Continental Casualty Company 20443 Chattel, Inc. INSURER D 13417 Ventura Blvd ' Sherman Oaks CA .91423 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR OF INSURANCE ADDLTYPE INSD Won SUER POLICYNUMBER MMIDOYEFF POLICY UP LIMITS x COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx1 OCCUR EACH OCCURRENCE $ 1,000,000 DAMAGET -RENTED PREMISES Ea occurence $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 A x x 57 SBA BK9041 SC 08/01/2021 08/01/2022 GEN'L x AGGREGATE LIMIT APPLIES PER: POLICY 0 JECT LOC GENERALAGGREGATE $ 2,000,000 PRODUCTS-COMPIOP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO A ALL OWNED SCHEDULED 57 SBA SK9041 SC 08/01/2021 08/01/2022 BODILY INJURY (Per accident) $ %� NON -OWNED HIRED AUTOS H AUTOS PROPERTYentDAMAGE Per accid $ X UMBRELLALIAB x OCCUR - EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 A EXCESS LIAR 1 CLAIM&MADE 57 SBA BK9041 SC 08/01/2021 08/01/2022 DED I I RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIEfORIPARTNERIEXEWTIVE OFFICERIMEMBERE%CLDDED9 ❑ (Mandatory in NH) NIA )( - 57 WEC AB9AXK 08/01/2021 08/01/2022 PER OTH- STATUTE X ER E.L.EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT 1 IS 1,000,000 Errors and Omissions Each Claim: $1,000,000 C Claims -made EEH 114048832 11/21/2021 11/21/2022 Generable:$e0000$2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) City of Santa Ana; its officers, employees, agents and representative are included as an additional insured as required by a written contract with respect to General Liability. Coverage is Primary and Non -Contributory. Waiver of subrogation applies in favor of the certificate holder with respect to General Liability and Workers Compensation. ' City of Santa Ana Risk Management Division 20 Civic Center Piz FI 4 Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. /7 CA 92701 / � ---- WiMrngmlmtIXMalm I ©1988-2014 ACORD CORD lholet/En6 AePRo,r®er: ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Risk Maiugemm[ CJmal Aide - BUSINESS LIABILITY COVERAGE FORM POLICY NUMBER: 57 SBA BK9041 SC F. OPTIONAL ADDITIONAL INSURED COVERAGES If listed or shown as applicable in the Declarations, one or more of the following Optional Additional Insured Coverages also apply. When any of these Optional Additional Insured Coverages' apply; Paragraph 6. (Additional Insureds When Required by Written Contract, Written Agreement or Permit) of Section C., Who Is An Insured, does not apply to the person or organization shown in the Declarations. These coverages are subject to the terms and conditions applicable to Business Liability Coverage in this policy, except as provided below: 1. Additional Insured - Designated Person Or Organization WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; or b. In connection with your premises owned by or rented to you. 2. Additional Insured - Managers Or Lessors Of Premises a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Designated Person Or Organization; but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any 'occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. Page 18 of 24 3. Additional Insured - Grantor Of Franchise WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Grantor Of Franchise, but only with respect to their liability as grantor of franchise to you. 4. Additional Insured - Lessor Of Leased Equipment a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Lessor of Leased Equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. 5. Additional Insured - Owners Or Other Interests From Whom Land Has Been Leased a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Owners Or Other Interests From Whom Land Has Been Leased, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any 'occurrence" that takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 6. Additional Insured - State Or Political Subdivision —Permits a. WHO IS AN INci io n ,,,A, ce..r;..., r• c amended to insured the s Reno c/Vrxo shown in the E d 7ae Pam.. i Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - (e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit. make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products; additional exclusions apply: (f) Demonstration, installation, This insurance does not apply to: servicing or repair operations, (1) "Bodily injury", "property damage" or except such operations performed "personal and advertising injury" at the vendor's premises in connection with the sale of the arising out of operations performed for product; the state or municipality; or (g) Products which, after distribution (2) "Bodily injury" or "property damage" or sale by you, have been labeled included in the, "product -completed or relabeled or used as a operations" hazard. container, part or ingredient of any 7. Additional Insured —Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C. is the vendor; or amended to include as an additional (h) "Bodily injury" or "property insured the person(s) or organization(s) damage" arising out of the sole (referred to below as vendor) shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or "property damage" arising out of acting on its behalf. However, this "your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor's (i) The exceptions contained in business and only if this Coverage Part Subparagraphs (d) or (f); or provides coverage for "bodily injury" or "property damage" included within the (ii) Such inspections, "products -completed operationshazard". adjustments, tests or servicing b. The insurance afforded to the vendor is as the vendor has agreed to subject to the following additional exclusions: to make in the usual course of (1) This insurance does not apply to: business, in connection with (a) "Bodily injury" or "property the distribution or sale of the damage" for which the vendor is products. obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This. exclusion doesnot apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products. (b) Any express warranty 8. Additional Insured — Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. is (c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations as an Additional Insured — (d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of: demonstration, testing, or the a. Their financial control of you; or substitution of parts under instructions from the manufacturer, b. Premises the while you Ieasi edtr..gwdo and then repackaged in the original P�,A z enrrewm Bc container;'I® Tau a cvan "- ,a9cnm Form SS 00 08 04 05 Page 19 of 24 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. — Limits Of operations performed by or for that person or Insurance. organization. How this insurance applies when other insurance 9. Additional Insured — Owners, Lessees Or is available to an additional insured is described in Contractors : — Scheduled Person Or the Other Insurance Condition in Section E. — Organization Liability And Medical Expenses General a. WHO IS AN INSURED under Section C. is Conditions. amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional Insured — Owner, Lessees Or Contractors, 1. "Advertisement" means the widespread public but only with respect to liability for "bodily dissemination of information or images that injury", "property damage" or "personal has the purpose of inducing the sale of goods, and advertising injury" caused, in whole or products or services through: in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf: (3) Billboard; (1) In the performance of your ongoing (4) Magazine; operations for the additional insured(s); or (5) Newspaper; (2) In connection with "your work" b. The Internet, but only that part of a web performed for that additional insured site that is about goods, products or and included within the "products- services for the purposes of inducing the completed operations hazard", but sale of goods, products or services; or only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. "property damage" included within the However, "advertisement" does not include: "products -completed operations hazard". a. The design, printed material, information or images contained in, on or upon the b. With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds, this insurance products; or does not apply to "bodily injury", "property damage" "personal an advertising b. An interactive conversation between or injury" arising out of the rendering of, or n among persons through a computer network. the failure to render, any professional 2. "Advertising idea" means any idea for an architectural, engineering or surveying "advertisement". services, including: 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. Feld orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications; or semi -trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But "auto" does not include 10. Additional Insured — Co -Owner Of Insured "mobile equipment". Premises 5. "Bodily injury" means physical: WHO IS AN INSURED under Section C. is a. Injury; amended to include as an additional insured b. Sickness; or the person(s) or Organization(s) shown in the c. Disease Declarations as an Additional Insured — Co - Owner Of Insured Premises, but only with sustained by a person and. if arisina out of the respect to their liability as co-owner of the above, mental ang itisky`..� premises shown in the Declarations. 6. "Coverage territory `; cnPrww®e�: Ni 7asl prcwan xexa���,mrzamUiaae Page 20 of 24 Form SS 00 08 04 05 POLICY NUMBER: 57 SBA BK9041 SC BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a_ written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. . Paragraphs (a) and (b) do not apply to other insurance to which the additional insured. has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their such person o ` ,c agreement or Tau Pei nK prior to the inj Form SS 00 08 04 05 Page 17 of 24 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 57 WEC AB9AXK Endorsement Number: Effective Date: 08/01/21 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: CHATTEL, INC. 13417 VENTURA BLVD SHERMAN OAKS CA 91423 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 06/22/21 5. F �ineimcnrrRw® � RekMar,a9rnvn UmrzlNtlr Policy ExPu auvu ume. vwu u« TracyDigitally signed y by Tracy Jacobs r _ _ _ 1_ — Date: 2022.08.16 ACOR 1 0 Jaco s 16:01:34 � CERTIFICATE OF LIABILITY INSURANCE 07'oo'DATE(MM/DD/YYYY) 08ro1/2022 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). PRODUCER CONTACT Nina Teu NAME: Newfront Insurance Services, LLC PHONE 415 754-3635 FAX A/C No Ext : ( ) A/C, No E-MADDRESS: nina.teu@newfront.com 450 Sansome Street Suite 300 INSURER(S) AFFORDING COVERAGE NAIC# San Francisco CA 94111 INSURERA: Sentinel Insurance Company Ltd 11000 INSURED INSURER B : Prop & Cas Ins Co Hartford 34690 INSURERC: Continental Casualty Company 20443 Chattel, Inc. INSURER D 13417 Ventura Blvd INSURER E Sherman Oaks CA 91423 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE �X OCCUR X X 57SBA BK9041 SC 08/01/2022 08/01/2023 EACH OCCURRENCE $ 1,000,000 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: POLICY ❑ PRO- JECT LOC ❑ OTHER: GENERALAGGREGATE $ 2,000,000 X PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO AALL UTOS OWNED SCHEDULED AUTOS HIREDAUTOS X NON -OWNED AUTOS 57 SBA BK9041 SC 08/01/2022 08/01/2023 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ A X UMBRELLALIAB EXCESS LAB X OCCUR CLAIMS -MADE 57 SBA BK9041 SC 08/01/2022 08/01/2023 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED X RETENTION $ 10000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICE R/MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A 57WECAB9AXK 08/01/2022 08/01/2023 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Errors and Omissions EEH114048832 11/21/2021 11/21/2022 General aggregate: $2,000,000 Deductible: $10,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) The City of Santa Ana, its officers, employees, agents and representatives are included as an additional insured as required by a written contract with respect to General Liability. Waiver of subrogation applies in favor of the additional insureds with respect to General Liability. CERTIFICATE HOLDER CANCELLATION City of Santa Ana Finance and Management Services Agency 20 Civic Center Plaza Santa Ana CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988-2014 ACORD ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD t'i181c REVIEWED & APPROVED BY. —�� Risk Management Analyst POLICY NUMBER:57 SBA BK9041 SC BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured - Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person(s) or organization(s) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured — Lessor of Leased Equipment, 1. Additional Insured - Designated Person Or but only with respect to liability for "bodily Organization injury", "property damage" or "personal WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or amended to include as an additional insured in part, by your maintenance, operation or the person(s) or organization(s) shown in the use of equipment leased to you by such Declarations, but only with respect to liability person(s) or organization(s). for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any 'occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a. In the performance of your ongoing 5. Additional Insured - Owners Or Other operations; or Interests From Whom Land Has Been b. In connection with your premises owned Leased by or rented to you. a. WHO IS AN INSURED under Section C. is 2. Additional Insured - Managers Or Lessors amended to include as an additional Of Premises insured the person(s) or organization(s) shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured — Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s) or organization(s) shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization; but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership, maintenance or use of that part of the premises leased to you and shown in the b. With respect to the insurance afforded to Declarations. these additional insureds, the following additional exclusions apply: b. With respect to the insurance afforded to these additional insureds, the following This insurance does not apply to: additional exclusions apply: (1) Any 'occurrence" that takes place This insurance does not apply to: after you cease to lease that land; or (1) Any 'occurrence" which takes place (2) Structural alterations, new after you cease to be a tenant in that construction or demolition operations premises; or performed by or on behalf of such person or organization. (2) Structural alterations, new construction or demolition operations 6. Additional Insured - State Or Political performed by or on behalf of such Subdivision — Permits person or organization. a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the statE shown in the Ded E ` =l � REVIEWED&APPRovEDBY. Page 18 Of 24``� Risk Management Analyst BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - (e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit. make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products; additional exclusions apply: (f) Demonstration, installation, This insurance does not apply to: servicing or repair operations, except such operations performed (1) Bodily injury", property damage or at the vendor's premises in "personal and advertising injury" connection with the sale of the arising out of operations performed for product; the state or municipality; or (g) Products which, after distribution o"property damage" (2) "Bodily injury" or p p y d" g or sale by you, have been labeled included in the "product -completed or relabeled or used as a operations" hazard. container, part or ingredient of any 7. Additional Insured —Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C. is the vendor; or amended to include as an additional (h) "Bodily injury" or "property insured the person(s) or organization(s) damage" arising out of the sole (referred to below as vendor) shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or "property damage" arising out of acting on its behalf. However, this "your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor's (i) The exceptions contained in business and only if this Coverage Part Subparagraphs (d) or (f); or provides coverage for "bodily injury" or "property damage" included within the (ii) Such inspections, "products -completed operations hazard". adjustments, tests or servicing as the vendor has agreed to b. The insurance afforded to the vendor is make or normally undertakes subject to the following additional exclusions: to make in the usual course of (1) This insurance does not apply to: business, in connection with (a) "Bodily injury" or "property the distribution or sale of the damage" for which the vendor is products. obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products. (b) Any express warranty 8. Additional Insured — Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. is (c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations as an Additional Insured — (d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of: demonstration, testing, or the a. Their financial control of you; or substitution of parts under b. Premises they own, maintain or control instructions from the manufacturer, while you lease or ^^^ +"^c^ and then repackaged in the original container;h E` =l � REVIEWED&APPRovEDBY. Form SS 00 08 04 05 Risk Management Analyst BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. — Limits Of operations performed by or for that person or Insurance. organization. How this insurance applies when other insurance 9. Additional Insured — Owners, Lessees Or is available to an additional insured is described in Contractors — Scheduled Person Or the Other Insurance Condition in Section E. — Organization Liability And Medical Expenses General a. WHO IS AN INSURED under Section C. is Conditions. amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional Insured — Owner, Lessees Or Contractors, 1. "Advertisement" means the widespread public but only with respect to liability for "bodily dissemination of information or images that injury", "property damage" or "personal has the purpose of inducing the sale of goods, and advertising injury" caused, in whole or products or services through: in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf: (3) Billboard; (1) In the performance of your ongoing (4) Magazine; operations for the additional insured(s); or (5) Newspaper; (2) In connection with "your work" b. The Internet, but only that part of a web performed for that additional insured site that is about goods, products or and included within the "products- services for the purposes of inducing the completed operations hazard", but sale of goods, products or services; or only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. "property damage" included within the However, "advertisement" does not include: products -completed operations hazard". a. The design, printed material, information or images contained in, on or upon the b. With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds, this insurance products; or does not apply to "bodily injury", "property damage" or "personal an advertising b. An interactive conversation between or injury" arising out of the rendering of, or among persons through a computer network. the failure to render, any professional 2. "Advertising idea" means any idea for an architectural, engineering or surveying "advertisement". services, including: 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications; or semi -trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But "auto" does not include 10. Additional Insured — Co -Owner Of Insured "mobile equipment". Premises 5. "Bodily injury" means physical: WHO IS AN INSURED under Section C. is a. Injury; amended to include as an additional insured b. Sickness; or the person(s) or Organization(s) shown in the c. Disease Declarations as an Additional Insured — Co - Owner Of Insured Premises, but only with sustained by a person and, if arising out of the respect to their liability as co-owner of the above, mental anguish or death at any time. premises shown in the Declarations. 6. "Coverage territory" r7 !h F � , , =l REVIEWED&APPRovEDBY. :.7 N 1144J: Page 20 Of 24``� Risk Management Analyst POLICY NUMBER: 57 SBA BK9041 SC BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other Insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. Form SS 00 08 04 05 When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or o agreement or PE hoa. FI& E n prior to the injury , z REVIEWED&APPRovEDBY. —�� Risk Management Analyst NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Chattel, Inc. Name: Project N-2022-194 Number: Project Agreement to provide historic resources services Name: The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: POLICY EXPIRATION TYPE OF INSURANCE COI DATE FILE NAME NUMBER DATE Chattel Inc_COI AUTOMOBILE LIABILITY 57SBABK9041SC 08/01/2023 08/01/2022 EXP 08.01.23_Part1.pdf Chattel Inc_COI GENERAL LIABILITY 57SBABK9041SC 08/01/2023 08/01/2022 EXP 08.01.23_Part1.pdf Chattel Inc_COI WORKERS COMPENSATION AND 57WECAB9AXK 08/01/2023 08/01/2022 EXP EMPLOYERS' LIABILITY 08.01.23_Part1.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 12/6/2022 6:33 PM