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HomeMy WebLinkAboutMURALCOLORS, INC. INSURANCE ON FILE N-2025-223 WORK MAY PROCEED UNTIL INSUkANCE fx.P W S ITY 11FIM ,,,ATE.SEP 0 5 2025 PwA t�� AGREEMENT WITH MURALCOLORS INC. TO PROVIDE MURAL Svzi f vrjan�c(DL) STABILIZATION TREATMENT, CONSULTATION & CONSTRUCTION OVERSIGHT OF ART WALL AT MEMORIAL PARK THIS AGREEMENT is made and entered into on the 12th day of August, 2025 by and between MuralColors, Inc., a California Corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City of Santa Ana's Memorial Park Aquatic Center contains a mural by Emigdio Vasquez entitled "Chicano Gothic,"which is located on a freestanding masonry wall. The City intends to renovate the Aquatic Center and therefore desires to retain a consultant to ensure the conservation and preservation of the "Chicano Gothic" mural. B. Consultant submitted a detailed proposal to the City on July 21, 2025, that outlines a comprehensive plan to provide services to conserve the "Chicano Gothic" mural. Consultant represents that it is able and willing to provide the services described in the July 21 proposal, which is attached hereto in part as Exhibit A. 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 perform during the term of this Agreement the services described in the scope of work included in the July 21 proposal, which is attached hereto in part as Exhibit A and incorporated in full. 2. COMPENSATION a. City agrees to pay and Consultant agrees to accept as total payment for its services under this Agreement the rates and charges identified in Exhibit A. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $49,939. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required Page 1 of 10 documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonable be expected by City. 3. TERM This Agreement shall commence on August 12, 2025 and end on August 11, 2026, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for one additional one-year period upon a writing executed by the City Manager and the City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance"projects. If the services being performed are part of an applicable "public works" or"maintenance"project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless form any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. 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, a joint 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. 6. 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. Page 2 of 10 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. 7. INSURANCE Consultant shall procure and maintain for the duration of the Agreement, the following insurance coverages: MINIMUM SCOPE AND LIMIT OF INSURANCE Consultant shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and$2,000,000 aggregate. 2. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code I (any auto), with combined single limits no less than $1,000,000. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits,which can be lower than $1,000,000. 3. Workers' Compensation (WC): as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no Iess than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents,and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials,parts,equipment, and personnel furnished in connection with such work or operations. Page 3 of 10 2. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers,officials,employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant for City. 3. All required insurance policies: For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City.Ten(10)days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Suzi Furjanic, 20 Civic Center Plaza, M-22, Santa Ana, CA 92701. The name and location of the project should be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City.City may require 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. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than ANII, unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish 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 Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 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 work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. Page 4 of 10 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, Consultant must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. Subcontractors Consultant shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from sub-contractors. 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. 8. 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 Consultant, 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 terms 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 Consultant'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 Consultant. 9. 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. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed Page 5 of 10 i i 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 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. 11. 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. 12. CONFLICT OF INTEREST CLAUSE a. 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. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any Ca1PERS retiree as authorized by City Council resolution d. The Consultant must comply with all conflict of interest laws, ordinances, and Page 6 of 10 regulations now in effect or hereafter to be enacted during the term of this Agreement. The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported(in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above. 13. 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. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, 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 Consultant. The parties agree that any terms 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, 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. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, 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. Page 7 of 10 lb. 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. 17. 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. 18. 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. 19. 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. 20. 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 Page 8 of 10 the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza(M-21) P.O. Box 1988 Santa Ana, California 92702 To Consultant: MuralColors, Inc. Attn: Davida Persaud, PhD 1800 E. 46th Street Los Angeles, CA 90058 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, communication shall be effective or deemed to have been given three (3) days after it has been 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. 21. 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. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 9 of 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF S NTA ANA rv� Jennif r all A varo NLifiez City Manager APPROVED AS TO FORM: SONIA R. CARVALHO MURALCOLORS,INC.: City Attorney y Kyle,, ellesen vida Persaud, PhD Assistant City Attorney COO & Co-Founder RECOMMENDED FOR APPROVAL: Rudy sas, P.E. Acting Executive Director Public Works Agency Page 10 of 10 EXHIBIT A MURALCOLO'RS� DurabLe Artist Materials LFED Compliant Coatings and Paint I Public Art and Conservation Services 3020 East Las Hermanas Ave,Rancho Dominguez CA 90221 Hello@MuralColors.com I MuralColors.com i 323-601-5000 PSA Proposal for Mural Conservation Activity#1: Mural Stabilization Treatment, Consultation and Construction Oversight of Art Wall at Memorial Park DATE: 07/21/2025 CLIENT NAME: City of Santa Ana PRIMARY CONTACT. City of Santa Ana, Gerardo Padilla EMAIL: gpadi1Ia5@santa-ana.org santa-ana.org JOB ADDRESS: Memorial Park, 2102 South Flower St, Santa Ana, CA 92707 ARTWORK: "Chicano Gothic" by Emigdio Vasquez, 1987 TABLE OF CONTENTS ABOUT MURALCOLORS 2 PROJECT DESCRIPTION 2 SUMMARY OF MURAL CONDITION 4 Mural Condition and Recommendations for Conservation 4 CONSERVATION WORK PLAN 5 PROPOSAL FOR MURAL CONSERVATION - PHASE 1 5 ATTACHMENT: PRECONSTRUCTION CONDITION OF CHICANO GOTHIC 7 The information contained in this document is confidential,privifeged and only for use by the Client for MuralCofors related activties and may not be used,published or redistributed without the prior written consent of Mura)Cofors.All procedures,treatments,formulas,quantities,and estimates are proprietary information.Please do not distribute without prior authorization from MuralCoiors-We can be reached at hello@muralcolors,com and 323-601-5000 1 ABOUT MURALCOLORS MuralColors is a certified Minority &Women-Owned Small Business (MBEIWBEISB) specializing in the conservation of interior and exterior painted murals where materials include acrylics, oils or alkyd media, aerosol, or mixed polymer media. MuralColors is a prequalified mural conservation firm for the Los Angeles County Department of Arks and Culture and the City of Los Angeles Department of Cultural Affairs (DCA). Our services include repairing uncoated and coated murals, developing and implementing long-term preservation strategies, installation or relocation of marouflage murals, building assessment and weatherproofing, and intricate projects that interface with multiple disciplines and stakeholders. MuralColors has been asked to conduct a formal assessment of"Chicano Gothic" and provide the enclosed conservation estimate to the City of Santa Ana. MuralColors is prepared to provide Mural Protection & Reinforcement services as outlined in SECTION 01 3591 - Period Treatment Procedures (MURAL) in the City of Santa Ana Memorial Park Aquatics Center Renovation. PROJECT DESCRIPTION "Chicano Gothic" is an acrylic mural painted in 1987 by Emigdio Vasquez in Santa Ana's Memorial Park. Vasquez is a celebrated Chicano artist who produced over 30 murals in Orange County. "Chicano Gothic" represents a legacy of Mexican American workers in key industries in Orange County, including farming and agriculture. "Chicano Gothic" is a north-facing mural painted on a partially filled freestanding masonry wall. The mural appears to be composed of artist-grade acrylics over a plaster-containing layer or high calcium-containing primer. The primer appears to be unstable and contributing to delamination in areas where water permeation has occurred. The masonry wall has at least four major fissures that traverse the depth of the brick structure. While the segments between the fissures exhibit some minor deflection when applying force on the structure, the overall integrity of the wall is suitable for reinforcement and preservation. MuralColors completed an initial site visit and reviewed the condition of"Chicano Gothic" at the request of the City of Santa Ana on June 13, 2024 for the purpose of obtaining recommendations for stabilization before onsite construction of the adjacent pool facility takes place. The initial site visit entailed reviewing the thickness and durability of the paint and underlying layer of white plaster beneath the acrylic paint. MuralColors also conducted four patch tests in select areas of the mural to determine the viability of a mild detergent for cleaning and chemical consolidation to secure the original pigment. MuralColors completed two additional site visits in July 2024 to review the condition of the wall and mural due to observations of four existing deep fissures across the vertical plane of the artwork during the initial site visit. MuralColors submitted a preliminary mural assessment to the City of Santa Ana on September 23, 2024. Our initial conclusion is that the paint layer of"Chicano Gothic" is in a condition receptive to stabilization before onsite construction, and that stabilization requires both chemical treatments and the installation of protective barriers. Due to the presence of deep The Information contained in this document is confidential,privileged and only for use by the Client for MuralColors related activities and may not be used,published or redistributed without the prior written consent of MuralColors.All procedures,treatments,formulas,quantities,and estimates are proprietary Information.Please do not distribute without prior authorization from MuralColors-We can be reached at hello@muralcolors,cam and 323-601-5000 2 fissures, it is also vital that the art wall is protected from seismic activity during demolition and construction, that soil loads do not compromise the wall's stability, and that the wall structure undergo reinforcement without altering the art wall face (i.e. no fasteners through the paint film). The addition of a reinforced steel structure should be used to also enhance protection from ultraviolet light and water intrusion at the top of the exposed masonry wall. MuralColors will provide consultation services per request from the City of Santa Ana at key moments during onsite construction activities (i.e. geopiers, saw cuts). MuralColors will provide consultation for the General Contractor and subcontractor on best practices for protecting and preserving the mural during construction, including the structural reinforcement of the mural wall itself. Given that the General Contractor will be selecting a subcontractor to administer the art wall reinforcement activities, MuralColors will not be responsible for any damages that may occur from negligence, accidental or unforeseen circumstances by other parties. MuralColors would like to review the subcontractor's experience and qualifications. MuralColors will do its best to advise the Client and Clients representatives to minimize risk to the Art Wall during the construction activities. Client will ensure that the subcontractor selected to administer the art wall structural improvements will be amenable to MuralColors advice, consultation and oversight. MuralColors recommends cleaning and stabilizing the acrylic paint film, including consolidation, prior to onsite construction activities. Further conservation work will address the wall fissures and delaminated paint that can be reattached. MuralColors will provide direct conservation services to protect the paint film during construction. Minor areas of total paint loss can be in-painted and matched using 1) archival imagery or 2) existing mural elements (such as repeated grass elements that are visible and adjacent to the in-painting work area) post-construction (See Estimate for Mural Conservation, Activity#2, Submitted 7/21/2025). { r. Image 1: Chicano Gothic, Emigdio Vasquez, Memorial Park in Santa Ana, CA, 1987. Image from 2024, The information contained w this document is confidential,privileged and only for use by the Client for MuralColors related activities and may not be used,published or redistributed without the prior written consent of Mura)Cofors.All procedures,treatments,formulas,quantities,and estimates are proprietary information.Please do not distribute without prior authorization from MuratColors-We can be reached at heiio@muratcolors.com and 323-601-5000 3 MuralColors will revise a sequence of treatments to accommodate the current construction conditions and prior to any further structural enhancements. The recommendations in this conservation estimate may change based on site conditions, and as coordination takes place with the Client's GC, and related trades. SUMMARY OF MURAL CONDITION A detailed condition report and preliminary assessment of the artwork was provided to the client. The following is provided for context and reference purposes. Mural Condition and Recommendations for Conservation The mural is composed of various acrylic paints on top of a layer of white plaster that was used as a priming and smoothing substrate by the artist on an unfilled masonry block wall. The acrylic film seems to have been extended. The surface has evidence of the artist using a glazing technique to apply thin translucent layers of pigment. The paint film appears uncoated. There is efflorescence on the acrylic paint, which is a build-up of salts on the surface of the structure that obscures the paint and makes it appear faded. The efflorescence appears to be consistent throughout, and most concentrated over blue hued pigments and near wall fissures and the base of the wall. The paint film lacks flexibility and exhibits some pigment and binder deterioration throughout, especially in the skin tones, reds, yellows and orange hues. There is paint delamination in several areas of the mural where paint has peeled and raw concrete is exposed with,no evidence of the priming layer. The primed layer has poor adhesion and is compromising the paint film's bond to the wall structure where water has permeated. The paint film is delaminating primarily at the bottom of the mural, indicating the presence of moisture seepage at the base of the mural. Mildew and sediment development in the surrounding areas indicate that there may be poor drainage contributing to the wall absorbing moisture in these areas. MuralColors conducted four patch tests on the mural, each focusing on different areas and pigments with the goal of determining if the surface could be cleaned and consolidated in order to improve substrate adhesion and regain flexibility in the paint film. The patch tests indicate that a mild detergent for fine-art surfaces successfully begins to dissolve build-up of efflorescence and pollutants. The patch tests also indicate that chemical consolidation is capable of improving the surface characteristics; the restored pigment after consolidation remained evident in patch tests on the second and third site visits. We were unable to fully determine if the consolidation migrated into the plaster substrate beneath. More treatments may be necessary post construction to increase paint adhesion to the wall structure. Chemical consolidation is a conventional procedure for managing paint delamination. Reinforcement of the paint film along the wall fissures will be necessary before any structural repairs can be done. The information contained in this document is confidential privileged and only for use by the Client for MuralColors related activities and may not be used,published orredistributed without the prior written consent of MuralColors.All procedures,treatments,formulas,quantities,and estimates are proprietary information.Please do not distribute without prior authorization from MuralColors-We can be reached at hello@muralcolors.com and 323-601-5000 4 CONSERVATION WORK PLAN A preliminary Conservation Work Plan will be provided to the Client once MuralColors has completed its Pre-Wall Stabilization Condition Report and Documentation. PROPOSAL FOR MURAL CONSERVATION - PHASE 1 Item Amount MURAL CONSERVATION - DIRECT TREATMENTS PHASE 1 $41,793.00 • Pre-Wall Stabilization Condition Report and Documentation • Surface Cleaning and Consolidation •Wall fissure assessment, reinforcement, and paint film reattachment • Review top of wall and coordinate with contractor on wall modifications, remove fencing and treat embedded metal. •Advise on wall reinforcements • Provide ACM shallow panel barrier guards and hardware to protect art surface • Mark deck and walls for cutting; provide oversight during cutting CONSULTATION AND OVERSIGHT OF CONSTRUCTION REINFORCEMENT OF $6,673.00 ART WALL • General Coordination and Consultation with Contractor •Attend coordination meetings as requested by Client and CM • Provide oversight during critical art wall activities •Consult Contractor on cutting mural wall and provide onsite supervision • Consult Contractor on cutting concrete deck and provide onsite supervision • Consult Contractor trenching front of mural wall; consult on protective barrier modifications • Review Contractor plan and make suggestions for drilling pinning into back of art wall as detailed in S402 Item 16 • Be on site for Contractor boring of wall for cell fill. • Review GC plan for foundations. Be on site for concrete pour of supporting wall against existing remaining mural wall. Insurance and Site Requirements $1,473 TOTAL $49,939.00 The information contained in this document is confidential,privileged and only faruse by the Client for MuralColors related activities and may not be used,published or redistributed without the prior written consent of MuralColors.All procedures,treatments,formulas,quantities,and estimates are proprietary information.Ploase do not distribute without prior authorization from MuralColors-We can be reached at hello@muralcolors.com and 323-601-5000 5 NOTES:A maintenance manual will be provided to the client. MuralColors will provide a high resolution photograph of the completed conservation at the end of the project. This proposal outlines the treatments, consultation and oversight for Phase 1 of activities needed to conserve the Art Wall. Additional activities and the completion of the conservation work plan is outlined in Phase 2 of the conservation proposal. Phase 1 treatments have been prioritized at the request of the Client to support the General Contractor's scope of work and immediate construction support needs. Consultations are billable via an hourly rate and is provided as an estimate and subject to change. Client agrees to facilitate access to the project site. Estimate good for 90 days.A 50%deposit for Direct Treatments is required to schedule and begin the project. Client and MuralColors may opt for milestone payments and payment schedule. MuralColors reserves the right to modify or augment this proposal for any unknown site conditions or changes or alterations to the condition of the mural. Late Payment: Payment is due within 30 days of invoice submission, unless otherwise agreed upon.A 2% late fee will be applied to payments that are overdue by 30 days, with an additional 2% late fee for each subsequent 30-day period overdue. This proposal is prepared by Carlos Rogel at MuralColors. For more information or questions, please don't hesitate to contact us at Info@MuralColors.corn or by phone at 323-601-5000 The information contained in this document is confidential,privileged and only for use by the Client for MuralColors related activities and may not be used,published or redistributed without the prior written consent ofMuralColors.All procedures,treatments,formulas,quantities,and estimates are proprietary information.Please do not distdbute without prior authorization from MumlColors-Wo can be reached at hello@muralcolors.com and 323-601-5000 6 AC" CERTIFICATE OF LIABILITY INSURANCE FDATE(MMIDDIYYYY) V 08/15/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELYAMEND,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(fes)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 CONTACT Tanner Thompson NAME: Jaffe Insurance Agency H(AI No Ext: (310)827-5050 FA G,No): (310)827 6060 13160 Mindanao Way#204 E-MAIL ADDRESS: Tanner@jaffeinsurance.com INSURER(S)AFFORDING COVERAGE NAIC a Marina del Rey CA 90292 INSURERA: Continental Casualty Company 20443 INSURED INSURER B: MuralColors Inc. INSURER C: 617 IMOGEN AVE INSURER D INSURER E: LOS ANGELES CA 90025 INSURER F: COVERAGES CERTIFICATE NUMBER; CL2581513974 REVISION NUMBER: THIS IS TO CERTIFYTHATTHE 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 POLICY EFF POLICY EXP LTR TYPE OF INSURANCE iNSD WVD POLICYNUM13ER MMIDDIYYYY MMIOOIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE g 2,000.000 SES Ea occurrence $ 300,OD0 CLAIMS-MADE [g OCCUR PREMI ME EXP(Any one person) $ 10,000 A Y Y 7039064519 11/21/2024 11121/2025 PERSONAL aADVINJURY s 2,000,000 GEN'L AGGREGATE Li MIT APPLIES PER: GENERAL AGGREGATE S 4,000,000 POLICY PRODUCTS S ❑JEDTPRO ❑LOC 4,000,000 OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1.000,000 Ea accident ANYAUTO BODILY INJURY(Per person) S A OWNED SCHEDULED 7039084519 11/21/2024 11/21/2025 BODILY INJURY(Per accident) S AUTOS ONLY AUTOS X HIRED Ix NON-OWNED 'PROPERTY DAMAGEAUTOS ONLY AUTOS ONLY Per aCCident X UMBRELLA LIAR OCCUR EACH OCCURRENCE 5 2,000,000 A EXCESS LIAR HCLAIMS-MADE 7039084522 11/2112024 11/21/2025 AGGREGATE g 2,000,000 DEDL I RETENTION$ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROP RiETORIPARTNERJEXECUTIVE OFFICERWEMBER EXCLUDED? ❑ NIA E.L EACHACCIDENT S (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Santa Ana,its City Council,its officers,officials, employees,agents,and volunteers are to be covered as additional insureds with respect APPROVED to liability arising out of work or operations performed by or on behaif of the Consultant including materials,parts,equipment,and personnel furnished in connection with such By Tu Fran Nguyen at 3:13 pm,Aug 20,2025 work or operations. Location:Consultation and conservation services for Art Wall at Memorial Park(Chicano Gothic)Memorial Tu Tran Digitally signed by Park,2102 South Flower St.Santa Ana,CA 92707 r.Tran Nguyen Date:2111.11.21 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Santa Ana Attn:Suzi Furjanic ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza,M-22 AUTHORIZED REPRESENTATIVE C. 2 Santa Ana CA 92701 Q 1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD ACCW?" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 08/20/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: biBERK AICNNo P.O, Box 113247 E-MAIL Ext: 844-472-0967 � Nu: 203-654-3613 Stamford, CT 06911 ADDRESS: customerservice@biBERK,com INSURERISI AFFORDING COVERAGE NAIC# INSURER A: Berkshire Hathaway Direct Insurance Company 10391 INSURED INSURER 8: MuralColors Inc INSURER C: 1800 E 46th St INSURERD: Los Angeles, CA 90058 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. IN SR TYPE OF ADDLSUBR POLICY EFF POLICY EXP III _ POLICYNUMBER MMIDDfYYYYl IMMIDD[YYYYJ LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 0 DAMAGE To RENTED CLAIMS-MADE a OCCUR PREMISES Ea occurrence $ 0 MED EXP(Any one person) S 0 PERSONAL&ADV INJURY S 0 GEN'L AGGREGATE UMIT APPLIES PER: GENERAL AGGREGATE $ B POLICY PRO- l JECT �J LOG PRODUCTS-COMPIOP AGG $ B OTHER: $ AUTOMOBILE LIABILITY COM13INE�D SINGLE LIMIT rri $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ N/A A OWNED OS ONLY AUTOS SCHEDULED A X X 0027732-01-CA 09/25/2025 09/2512026 BODILY INJURY(Per accident) $ N/A HIRE} NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident) ccident $ NIA I$ UMBRELLA LIAB I OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DELI RE ENTION$ $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY YIN . STATUTE _ ER A ANYPROPRIETORIPARTNERlIXECUTIVE � NIA X N9WC795808 08/20/2025 08/20/2026 E.L.EACH ACCIDENT $1,1000 OFFICEftfMEMBEREXCLUDED? I,• I (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1, IF yyes,describe under II 1,DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT E$ Professional Liability (Errors & Per Occurrence/ Omissions): Claims-Made Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORD 101.Additional Remarks Schedule,may be attached If more Soace is reoutred) A Blanket Waiver of Subrogation exists on this policy In favor of City of Santa Ana,its City Council.its officers,officials,employees,agents,and volunteers as it pertains to worker's compensation,(see endorsement atta'had) City of Santa Ana,its City Council,its officers,officiates,employees,agents.and volunteers are listed as additional insured as It pertains to automobile liability(see endorsement attached) A waiver of transfer of rights exists an this policy as it pertains to automobile liability in favor of City of Santa Ana,its City Council,its officers,officials,employees,agents,and volunteers (see endorsement attached) This policy is primary as to losses it covers,and the Insurer wile not seek contribution f there is a written agreement hekween the insured and the certificate holder_ Project Name,Consultation and corsenratien services for Art Wall at Memorial Park(Chicano Gothic)Location_2102 South Flower St,Santa Ana,CA 92707 SCHEDULE OF COVERED AUTOS 9see attachment Notice of Cancellation will be delivered in accordance with the policy provisions CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Atten: Suzi Furjanic ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza M-22 Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE D 1988-2015 ACq APPROVED ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD By Tu Tran Nguyen at 3:13 pm,Aug 20,2025 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed."4) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA 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 1•00_% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Blanket Waiver-Any person or organization for whom the All CA Operations Named Insured has agreed by written contract to furnish this waiver. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below Is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Polley No. N9WC795808 Endorsement No. Insured Insurance Company Countersigned By 01998 by the Workers'Compensation Insurance Rating Bureau of California.All rights reserved. M-5171 (0712010) SCHEDULE OF COVERED AUTOS POLICY NUMBER:0027732-01-CA EFFECTIVE DATE:0811912025 NAMED INSURED:MuralColors NOTES: VEHICLE INFORMATION: Year Make and Model VIN use Radius Garaging Garaging City,State GVW or Seating (C/S/R) Territory Cap. Vehlcle ik Liability Premium Medical Payments Premium Personal Injury Protection Additional Insured Premium In-Tow Premium Cargo Premium Premium Stated Limit Specified Causes(8)or Specified Causes or Specified Causes or Collision Premium Collision Deductible or ACV Comprehensive(C) Comprehenslve Premium Comprehensive Deductible 2003 FORD ECONOLINE tFTS334S93HCO7699 Business 50 miles Los Angeles 5007.100001b5 Use or less CA 1 $2,330.00 $0.00 $0.00 $0.00 $0.00 $0.00 $5,000 No $0.00 EXCLUDED $0.00 EXCLUDED 1998 TRART Not provided ITOBS11SOWS137298 Business 50 miles Los Angeles Use orless CA 2 $273.00 $0.00 $0.00 $D.00 $D.00 $0.00 $3,600 No $0.00 EXCLUDED $0.00 EXCLUDED M-5171 (07/2010) M-5887(0512016) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT SCHEDULE--ADDITIONAL INSURED: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers In consideration of payment of the additional premium listed below, LIABILITY COVERAGE is extended to include the 1) such insurance applies only to the ownership, maintenance or use of a covered auto; and 2) such insurance applies only to acts or omissions by you, your agents or your"employees"while such covered auto is being used in your business; and 3) such insurance does not apply to the acts or omissions of the additional insured or any of the additional insured's agents or"employees"other than you;and 4) such insurance does not apply if the additional insured is subject to motor carrier insurance requirements and is not insured for hired "autos"under an "auto"liability insurance form that insures on a primary basis the owners of the"autos" and their agents and "employees"while the "autos"are being used exclusively in the additional insured's business and pursuant to operating rights granted to the additional insured by a public authority; and b) such inclusion of additional insured shall not increase our limit of liability under this policy. All other terms, conditions and agreements remain unchanged Additional Premium: Company Name Policy Number 0027732.01-CA Endorsement Effective Berkshire Hathaway Direct Insurance Company 08/19/2025 Named Insured NluralColors Peter Shelley Countersigned at Pr"sldent (Authorized Representative) (The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy.) M-5887(0512016) Policy Number: 0027732-01-CA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The following is added to Paragraph H. Other 2. You have agreed in writing in a contract or Insurance of Section III — Common Policy agreement that this insurance would be Conditions and supersedes any provision to the primary and would not seek contribution from contrary: any other insurance available to the additional Primary And Noncontributory Insurance insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: 1. The additional insured is a Named Insured under such other insurance; and BP 14 88 07 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER; 0027732-01-CA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Person Or Organization: City of Santa Ana,its City Council,its officers,officials,employees,agents,and volunteers Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Paragraph K. Transfer Of Rights Of Recovery Against Others To Us in Section III -- Common Policy Conditions is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. BP 04 97 01 06 0 ISO Properties, Inc., 2004 Page 1 of 1 ❑ CNA SB146935E (Ed. 10-19) BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH PRODUCTS COMPLETED OPERATIONS COVERAGE AND LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE PART BUSINESSOWNERS COMMON POLICY CONDITIONS TABLE OF CONTENTS I. Blanket Additional Insured—including Primary-Noncontributory provision II. Liability Extension Coverages A. Bodily Injury—Expanded Definition B. Broad Knowledge of Occurrence C. Estates,Legal Representatives and Spouses D. Fellow Employee First Aid E. Personal and Advertising Injury—Discrimination or Humiliation F. Personal and Advertising Injury—Broadened Eviction G. Waiver of Subrogation—Blanket H. Additional Insured—Extended Coverage 1. BLANKET ADDITIONAL INSURED PROVISIONS A. Who Is An Insured is amended to include as an additional insured any person or organization whom you are required by"written contract"to add as an additional insured on the Businessowners Liability Coverage Form, B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for"bodily injury," "property damage,"or"personal and advertising injury"caused in whole or in part by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf in the performance of your ongoing operations specified in the"written contract";or c. `"four work" that is specified in the written contract but only for "bodily injury" or "property damage" included in the products completed operations hazard, and only if: (1) The"written contract"requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. Subject always to the terms and conditions of this policy, including the limits of insurance, we will not provide such additional insured with: a, Coverage broader than required by the"written contract' b. A higher limit of insurance than required by the"written contract." SB146935E(Ed. 10-19) Page 1 of 4 Copyright,CNA All Rights Reserved. SS146935E (Ed. 10-19) C. The insurance provided to the additional insured does not apply to "bodily Injury," 'property damage," or "personal and advertising Injury"arising out of: a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: (1) The preparing approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; or b. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Policy. D. Notwithstanding anything to the contrary in the Other Insurance condition of the Businessowners Common Policy Conditions, this insurance is excess of all other insurance available to the additional insured, whether on a primary, excess, contingent or any other basis. But if required by the "written contract," this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. E. Under Businessowners Liability Conditions, the Duties in the Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured is amended as follows: An additional insured under this endorsement will as soon as practicable: a. Give us written notice of an 'occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or"suit"that does result; b, Tender the defense and indemnity of any claim or"suit" to any other insurer or self insurer whose policy or program applies to all loss we cover under this Policy; c. Except as provided in Paragraph B,3. of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Policy;and d. Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or"suit." We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or"suit." F. Under Liability and Medical Expense Definitions,the following definition is added: "Written contract"means a written contract or agreement that requires you to make a person or organization an additional insured on this policy, provided the contract or agreement: a. Is currently in effect or becomes effective during the term of this policy;and 0 s b. Was executed prior to: (1) The"bodily Injury"or"property damage';or M (2) The offense that caused the'personal and advertising injury' for which the additional insured seeks coverage. _ II. LIABILITY EXTENSION COVERAGES It is understood and agreed that this endorsement amends the Businessowners Liability Coverage Form. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision,and the changes made by this endorsement to such provision do not apply. A. Bodily Injury—Expanded Definition Under Liability and Medical Expenses Definitions, the definition of"Bodily Injury"is deleted and replaced with the following: SB146935E(Ed. 10-19) Page 2 of 4 Copyright,CNA All Rights Reserved. SB146935E (Ed. 10-19) "Bodily Injury" means physical injury, sickness or disease sustained by a person, including death, humiliation, shock,mental anguish or mental injury by that person at any time which results as a consequence of the physical injury,sickness or disease. B. Broad Knowledge of Occurrence Under Businessowners Liability Conditions, the condition entitled Duties In The Event of Occurrence, Offense,Claim or Suit is amended to add the following: Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence," offense, claim or "suit"is known to: (1) You or any additional insured that is an individual; (2) Any partner,if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any"executive officer"or insurance manager, if you or an additional insured is a corporation; (6) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This paragraph e.applies separately to you and any additional insured. C. Estates,Legal Representative and Spouses The estates, heirs, legal representatives and spouses of any natural person insured shall also be insured under this policy; provided, however,coverage is afforded to such estates, heirs, legal representatives and spouses only for claims arising solely out of their capacity as such and, in the case of a spouse, where such claim seeks damages from marital common property, jointly held property, or property transferred from such natural person insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative or spouse outside the scope of such person's capacity as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are insureds with respect to such spouses'acts,errors or omissions in the conduct of the Named Insured's business. D. Fellow Employee First Aid Coverage In the section entitled Who Is An Insured, paragraph 2.a.1, is amended to add the following: The limitations described in subparagraphs 2.a.1.(a), (b) and (c) do not apply to your "employees" for "bodily Injury"that results from providing cardiopulmonary resuscitation or other first aid services to a co-"employee"or "volunteer worker"that becomes necessary while your "employee" is performing duties in the conduct of your business. Your "employees" are hereby insureds for such services. But the insured status conferred by this provision does not apply to "employees" whose duties in your business are to provide professional health care services or health examinations. E. Personal and Advertising Injury—Discrimination or Humiliation 1. Under Liability and Medical Expenses Definitions, the definition of"Personal and advertising Injury" is amended to add the following: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or (b) Any"executive officer,"director, stockholder, partner, member or manager(if you are a limited liability company)of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. SB146935E(Ed. 10-19) Page 3 of 4 Copyright,CNA All Rights Reserved. SB146935E (Ed. 10-19) 2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the exclusion entitled Personal and Advertising injury is amended to add the following additional exclusions: (15)Discrimination Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured. (16)Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any insured. (17)Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. 3. This provision (Personal and Advertising Injury — Discrimination or Humiliation) does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. F. Personal and Advertising Injury-Broadened Eviction Under Liability and Medical Expenses Definitions, the definition of "Personal and advertising injury" is amended to delete Paragraph c.and replace it with the following: c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of its owner, landlord or lessor. G. Waiver of Subrogation—Blanket We waive any right of recovery we may have against: 1. Any person or organization with whom you have a written contract that requires such a waiver. H. Additional Insured—Extended Coverage When an additional insured is added by this or any other endorsement attached to this Coverage Part, the section entitled Who Is An Insured is amended to make the following natural persons insureds: If the additional insured is: 1. An individual,then his or her spouse is an insured; 2. A partnership or joint venture,then its partners, members and their spouses are insureds; 3. A limited liability company,then its members and managers are insureds; ti 4. An organization other than a partnership,joint venture or limited liability company, then its executive officers, 0 directors and shareholders are insureds; or M G. Any type of entity, then its employees are insureds; but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Furthermore, employees of additional insureds are not insureds with respect to liability arising out of: (1) "Bodily injury" or"personal and advertising injury"to any fellow employee or to any natural person listed 1= in paragraphs 1.through 4.above; (2) "Property damage"to property owned,occupied or used by their employer or by any fellow employee;or (3) Providing or failing to provide professional health care services. All other terms and conditions of the Policy remain unchanged. SB146935E(Ed. 10-19) Page 4 of 4 Copyright,CNA All Rights Reserved.