HomeMy WebLinkAboutDEVORA LEMUS!NSur Aid`,` E XfIRr i
N-2021-010
L
20V1
Art
(_DA(off sm� �FA Afflz L,, narnnrtut
4his agreement is made and entered Into as of November 2020, by and between
the Clty of Santa Ana, a charter city and municipal corporation (hereinafter "City"), and
tlfii ity ox'pro�"r~-- (hereinafter "Artist") selected to participate in the
In consideration of the promises contained herein, the receipt and adequacy of which is
hereby acknowledged, the parties hereto agree as fellows:
A. Preparation
1. The Artist shall view a pre-recorded video by the City regarding painting
guidelines and safety prior to starting work. In the video City staff will Identify any
electronics, equipment, and other facilities on the exterior of the utility box which
shall not be painted, including:
a. Official plaques, stickers; or identification numbers
b. Meter clocks
c. Keyholes or keyhole covers
d. Vents or viewports
e. Handles on doors and hinges
2. The boxes will be power washed by the City before painting starts; however, the
Artist will have the responsibility for any additional cleaning, prepping, and
priming prior to painting:
S. Materials
1. Artist will use paint type and paint products recommended by the City which are
the following:
a. Paint Type: -Premium high solids 100% acrylic latex waterborne exterior
wall and trim paint; low sheen, eggshell or satin finish; minimum 1,6 mil
dry thickness per coat.>
b: Paint'Products (in recommended order):
i... Nova Color (available In wholesale at: www.novacolorpaint.com)
li. Sherwin Williams: Accolade Exterior Acrylic Latex, Satin
:,•, iii. TMzee #126 Mirro Olide Low Sheen Acrylic Latex
iv. Pratt and Lambert: Accolade Exterior Acrylic Latex, Eggshell
2. Artist will purchase the needed paint and supplies, including paintbrushes, paint
rollers, roiling pans, drop cloth, masking tape, latex gloves, and cups for
1
blending/mixing paint, Artist must provide their own additional supplies If
needed.
3. Artist will submit a list of paint products used for project, including brand name
(ex: Sherwin Williams), paint type (ex: acryllo latex), sheen (ex: satin), and color
number (ex: #126).
C. Project
1. Artist will paint the utility box assigned to them by the City, and nothing more.
Paintin x mus___� t be coed by Jar u �Aj,d,Zggl. painting may only
occur during the hours of 7 a.m. to 7 p.m, A minimum sidewalk clearance of four
(4) feet must be adhered to at all times.
2. Artist utility box is located on. 1 �. �� i"1) l Co rw r
Title of Is `
artwork:
3, Artist shall inform City staff the days and hours they are planning on working on
the box so that staff .will communicate with appropriate city agencies such as
Public Works and Santa Ana Police Department,
4. Artwork must include all visible sides of the utility box including the top.
S. The Artist shall provide for City maintenance, operations, and emergency access
to their respective utility box at all times.
6. Artist recognition via signature on the utility box may be no larger than 3" x a".
7. Artwork may not contain advertising, religious art, sexual content, negative or
violent imagery, convey political partisanship or include any hidden, subliminal or
camouflaged messages or statements of any kind or; nature.
g. Artwork may not include any breach of intellectual property, trademarks, brands,
imagesof. illegal activity or involve the attachment of any objects to the box.
g. The Artist shall ensure that any areas utilized for the project are maintained and
restored to a well -maintained, safe, sanitary, and clean condition, and kept free
of any hazardous waste at all. times.- AII: equipment -associated with the
Jnstallation: of .the artwork, trash, and debris shall be removed and cleaned up on
a daily basis,; Artist shall place a drop cloth or similar barrier. on the ground below
the artwork .while. installation is underway, which barrier shall be removed each
day,upoli completion of an instaliation:session.
2
D. Property Rights
1. The Artist hereby waives any legal rights under Federal, State, local, and/or
Administrative law to maintain the artwork upon City property. The completed
work will be the. property of the City, which retains the sole and absolute right and
discretion to remove, modify, or replace the utility box, components of the utility
box, or the artwork if necessary without compensation or notice to the artist.
2. The Artist grants the City the right to use any images, .photographs or video of
the artwork and the installation process for publicity or promotional purposes and
agree that the results of such activity shall remain the sole property of the City.
E. Payment
1. City agrees to pay, and Artist agrees to accept as an amount not -to -exceed $400
during the term of this Agreement. Compensation shall be divided into two (2)
separate payments. The first amount in $300 shall be issued after final execution
of the Agreement. The final payment of $100 shall be issued upon the
completion of the project.
2. Payment by City shall be made within forty-five (45) days following receipt of
proper invoice evidencing work performed, subject to City accounting
procedures, and five (5) photographs documenting the completion of artwork on
all five sides of the assigned utility box. 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.
F. Indemnity and Release of Liability
1. Artist shall defend, indemnify, protect and hold harmless the City, or their elected
and appointed officers, employees, members or agents from and again all claims
for damages, liability, cost and expense (including without limitation attorney's
flees) arising out of or alleged by third parties to the by the result of the negligent
acts, errors or omissions or the willful misconduct of the Artist, and Artist's
employees, subcontractors or other persons, agencies or firms for whom Artist is
legally responsible in connection with the execution of the work covered by this
agreement. Artist shall have no duty to indemnify or hold harmless the City if
claims, damages, liability, costs, expenses (including without limitation, attorney's
fees) arise from the sole negligence or sole willful misconduct of the City
subsequent declaration by the Artist. Artist's obligations shall survive the
termination of this Agreement.
2. Artist agrees to hereby fully release and forever discharge the City from any and
all claims, demands, damages, losses, and liabilities (hereinafter collectively
referred to as "claims"), which are or may be related to or in any way connected
3
with the negligence or willful misconduct of its officers, officials, employees, or
agents in connection with the creation, painting or installation of the artwork.
3. To protect the City, Artist shall execute a Release of Liability before participating
in the Utility Box Art Program. A true and correct copy of the Release of Liability
form is attached hereto as Exhibit A and incorporated herein by this reference.
All terms and requirements of the Release of Liability shall be enforceable in
addition to all terms and requirements of this Agreement.
G. Repairs
If any component of the City's traffic signal system is damaged as a result of the
artists' work, the artist shall arrange for a licensed contractor to repair the
damage at the artists' sole expense,
2. The artist has the first option to repair artwork if damaged. When vandalism to
the artwork is reported or touch-up to the artwork is needed, the City will contact
the artist for first refusal, and the artist will be given 30 days to respond. If there is
no response within that timeframe or if the artist declines, the City reserves the
right to repair, remove, or modify damaged artwork as it sees fit.
3. It is the responsibility of the artist to update the City with their current contact
information so that staff can contact them should repairs be necessary.
H. Termination
The City may terminate this Agreement at any time for any reason. If the
Agreement is terminated by the City after the painting of a utility box has
commenced, Artists shall be entitled to reasonable compensation for work
performed to date, minus any offset representing the City's damages should
termination result from Artist's breach of contract. Artist hereby expressly waives
any and all claims for damages or compensation arising under this Agreement
except as set forth herein.
General Terms
Artist is not and any of the Artist's agents, employees or representatives are, for
all purposes under this agreement, an independent contractor and shall not be
deemed to be an employee of the City, and none of them shall be entitled to any
benefits to which City employees are entitled including but not limited to,
overtime, retirement benefits, work's compensation benefits, injury leave or other
leave benefits.
2. Neither party shall assign any rights or obligations under this Agreement.
I Each party 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.
4. Each party warrants that they have executed this Agreement knowingly, freely
and voluntarily and with full knowledge of its legal consequences, All parties
involved warrant and represent that, prior to executing this Agreement, each
party has had the opportunity to review and consider this matter with legal
counsel, and that the terms of this Agreement, and its consequences, are fully
understood by each party,
5. This Agreement represents the entire agreement and understanding between the
parties, and supersedes any and all prior agreements and understandings
between the parties, whether oral or written.
6. 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.
5
N-2021-010
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date
and year first above written.
ATTEST:
--
Gomez
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: V'
Ryan O. do
Assistant ity
RECOMMENDED FOR APPROVAL:
Steven Mendoza
Executive Director
Community Development Agency
CITY OF SAN"rA ANA
Kristine Ridge
City Manager
ARTIST:
FJ�ring Name:
Address: ((� 7J a �!VCt�jGlli� �e
010663
Utility Box Art
ILELENam.. .m.@.w E t».LIOM LIAG IL' 1 i
jPersonal Inforaation (Please print)
Full Name:[ G 41 _ i �_ t, `�
..
Address,:M1��:�...��Gla�.�C�,C\�.\�t, v�9�..__,.w---...-_...--.-.-..._.�...,....,....-.--•--^�-
cit --
ErergencY
Social Seourity/Individual Tax Payer ID (]TIN} #: 'j �__ . •. •-� W--�
Walver and Liatalilty Releaee
I hive read and understand the Artists Agreement and will adhere to the rules and regulations Set
forth wherein and art in a respectful manner while reprea®rating the City of Santa Ana. t assume
the responsibility of mental and physical fitness to participate in the assignment, and agree to abide
by all rules and requirements of the program. I also understand that failure to abide by the above
may lead to my termination from the program.
I understand that I am not considered an employee of the City of Santa Aria for purposes of
Workers' Compensation, but that the City provides volunteer accident insurance In excess of any
other medical insurance I may have. I agree to comply with the City's policy regarding any injuries I
incur while under the City's supervision.
I agree to hold harmless the City of Santa Ana, its officers, employees and volunteers from and
against any and all liability arising out of or in any way connected with my participation in the
program. This release shall apply even though liability may arise out of negligence ar carelessness
on the part of those discharged including their employees, agents and volunteers.
This waiver and liability release shrill apply to myself, as well as any of limy heirs, executors or
administrators.
I am of lawful age and legally competent to sign this agreement. I understand the terms and have
signed this document as my own free act,
I have fully informed rnyself of the contents of this release by reading it before I signed it. I realize
that by signing this document I am giving up legal rights to which I may be entitled.
;. �. t e
(iftitlal) l have watched and undelst�tnd the inetruotionat an sa v so
rating my a tar on the cl »tawrreact Itillty box nasal lied to rare,
fated ona of artwork: AB
_.... �,�=l-a�.- _.....�...
�T'
Printed Name
Burns
Wilcox
Francine R. I' 0lgltallysigned by
Villareal
franclne R.Villareal
Villareal Da134820,12.17
101 California Street, Suite 975, San Francisco, CA 94111
Phone: (415) 421-4244 OR (800) 759.4855 Fax: (415) 421.0620
DATE: 11/19/2020 INSURANCE BINDER Pagel of
THIS BINDER IS ATEMPORARY INSURANCE CONTRACT, SUBJECTTO THE CONDITIONS SHOWN BELOW,
INSURED; City of Santa Ana B&W PRODUCER: Richard L Gobler
AGENT: MERRIWETHER & WILLIAMS INS
20 Civic Center Plaza 550 Montgomery St Ste 650
Santa Ana, CA 92701 San Francisco, CA 94111
LOCATION(S) OF RISIC:
1. Main/Chesnut - SW Corner, Santa Ana, CA 92701
2. Main/Civic Center, Santa Ana, CA 92701
3. Maln/McFadden - SW Corner, Santa Ana, CA 92701
4. Main/Bishop (SIGNAL), Santa Ana, CA 92701
5. Main/Cubbon - NW Corner, Santa Ana, CA 92701
6. Main/Russell - NW Corner, Santa Ana, CA 92701
7. Main/Borchard NW Corner, Santa Ana, CA 92701
8. Main/Edinger SW Corner, Santa Ana, CA 92701
9. Main/Pomona BE Corner, Santa Ana, CA 92701
10. Main/St. Andrew - NE Corner, Santa Ana, CA 92701
11. Main/St Gertude SE Corner, Santa Ana, CA 92701
12. Bristol/Santa Clara, Santa Ana, CA 92701
13. Bristol/Washington, Santa Ana, CA 92701
14. Bristoli19th St, Santa Ana, CA 92701
15. Bristol/Civic Center Drive, Santa Ana, CA 02701
16. Bristol/Bishop or Willits, Santa Ana, CA 92701
17. Bristol/McFadden, Santa Ana, CA 92701
18. BristolANilshina, Santa Ana, CA 92701
19. Bristol/Edinger (Signal Box), Santa Ana, CA 92701
20. BristoltEdinger (HUB), Santa Ana, CA 92701
21. 1st Street/Main St, Santa Ana, CA 92701
22. 3rd Street and Main, Santa Ana, CA 92701
23. 4th Street and Main, Santa Ana, CA 92701
24. 3rd Street and Broadway, Santa Ana, CA 92701
25. 1st Street/Downtown Plaza, Santa Ana, CA 92701
26. Main St. and Washington, Santa Ana, CA 92701
27. Raid Street and MacArthur Blvd., Santa Ana, CA 92701
28, Greenville and Alton, Santa Ana, CA 92701
29. Hower St. and Washington, Santa Ana, CA 92701
30. Flower St. and Bishop, Santa Ana, CA 92701
31. Flower St. and Alton, Santa Ana, CA 92701
POLICY EFFECTIVE FROM:11/09/2020 AT 12:01 AM TO 01/31/2021 AT 12:01 AM STD TIME AI' RISK LOCATION.
FORM OF COVERAGE: COMMERCIAL GENERAL LIABILITY OCCURRENCE
POLICY NO: CIP423084
INSURER(S):
„�^��, RliliMxttng�tnenEUlWelrnt
Mk RwEWF kAP,P,'g'yOVNB'�Yee,
p
Risk 1"Ragetnent An lySt
GENERAL CHANGE ENDORSEMENT
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below:
Name of Insurance Company(ies)
Atain Specialty Insurance Company
Atain Spec Insurance Company 100.0% GonLiab
Inception Date Expiration Date
11/9/2020 1/31/2021
Endorsement Effective
Policy Number Endorsement #
11/9/2020
_
CIP423084 1
Named Insured
Cityof Santa Ana
�/ _� -+_
��C�K'11g:
Countersigned By
(Authorized Representative)
IN CONSIDERATION OF THE PREMIUM PREVIOUSLY CHARGED, IT IS HEREBY UNDERSTOOD AND AGREED
THAT THE POLICY IS AMENDED AS FOLLOWS;
TIM SCHEDULE OF LOCATIONS IS I4BREBY A11+IENDED TO READ 1,O'R, NO FURTHER CHARGE:
LOCATIONW: ISTSTREETIAMINST., SANTAANA, CA 92701
LOCATION92.' 37tD STREET/MAIN ST. SANTA AAA, CA 92701
LOCATIONW: 4TH STREET LOCATION#: AMAIN ST. SANTA"A, CA 92701
LOCATION##.• 3RD STREETI BROADWAY, SANTA ANA, CA 92701
LOCA7I0N#5: 4TH STREET/BROAD IdlAY, SANTA ANA, CA 92701
LOCATION#6: 5THSTREE'TIBROADIVAY, SANTAANA, CA 92701
LOCATION#7: 4THSMEET/BUSH, SANTAANA, CA 92701
LOCATION48: IST S'TREETIBRISTOL STREET, SANTAANA, CA 92701
LOCATIO09: 17THSTREETIBRISTOL STREET, SANTA ANA, CA 92701
LOCATION#10: MACARTHUR BLPDI BRISTOL STREET, SANTAANA, CA 92701
LOCATION#I l: MAIN STREETI MCFADDENATIR, SANTA ANA, CA 92701
LOCATION912: HARBOR BLVDIAdCFADDENAVE., SANTA ANA, C4 92701
LOCATION#13: GRAND/DYER SAWAANA, CA 92701
LOCATIO014: 17TH STREET/CENTRE ON 17TH, SANI'A ANA, CA 92701
LOCATION#15: 1ST STREETI DO6VNTOWNPLALA, SANTA ANA, CA 92701
LOCATION816: MAIN/WASHINGTON, SANTAANA, CA 92701
LOCATIONW7: RAI'1TYWCARTHUR BLYD., SANTAANA, CA 92701
LOCATION#18: GRE'ENVILLEIALTON, SANTA ANA, CA 92701
LOCATIONW: MATAWRF_ET/TfWAW,R.APE, SANTAANA, CA92701
LOCATION00: FLOWER STREWBISHOP, SANTAANA, CA 92701
All other terms and conditions remain unchanged.
knhom 12/4/2020
.�-,w wekkMa„agencnlDtvis�on
RWRVED & h'Pwovm sv:
�x
Rls.lc Nhsn7gemenk Analysk
101 California Street, Suite 975, San Francisco, CA 94111
Phone: (415) 421.4244 OR (800) 759-4855 Fax: (415) 421.0620
DATE: 11/19/2020 INSURANCE BINDER Page 3 of 4
"*ENDORSEMENTS & EXCLUSIONS:
UNLPFD1 -COMMON POLICY DECLARATIONS.
AP001772 -CLAIM REPORTING INFORMATION.
AF100 - POLICY JACKET.
AF3380 - FRAUD & MISREPRESENTATION ENDORSEMENT.
AF3550 -MINIMUM EARNED PREMIUM & CANCELLATION CLAUSE.
AF900 - SERVICE OF SUIT.
IL0017 -COMMON POLICY CONDITIONS,
SOFAE - SCHEDULE OF FORMS & ENDORSEMENTS,
AF000839 -INJURY TO EMPLOYEES, SUBCONTRACTORS, INDEPENDENT CONTRACTORS, TEMPORARY WORKERS,
LEASED WORKERS OR VOLUNTEERS EXCLUSION.
AF001007 - COMBINED COVERAGE & EXCLUSION ENDORSEMENT: ASBESTOS EXCLUSION; LEAD EXCLUSION;
CONTRACTOR'S SPECIAL CONDITIONS; EMPLOYMENT RELATED PRACTICES EXCLUSION; NUCLEAR ENERGY LIABILITY
EXCLUSION; PROFESSIONAL SERVICES AND MALPRACTICE EXCLUSION; SEXUAL / PHYSICAL ABUSE EXCLUSION;
TOTAL POLLUTION EXCLUSION WITH HOSTILE FIRE EXCEPTION; ASSAULT & BATTERY EXCLUSION; ANTI -STACKING
AND NONDUPLICATION OF LIMITS OF INSURANCE; TENDERING OF APPLICABLE LIMIT OF INSURANCE.
AF001396 -INFRINGEMENT, MISAPPROPRIATION AND UNFAIR COMPETITION EXCLUSION.
AF001707 -AMENDMENT OF NONPAYMENT CANCELLATION CONDITION.
AF001729 - CONDITIONAL EXCLUSION OF LIABILITY/CLAIMS IN THE STATE OF MISSOURI -ONLY APPLIES IF MISSOURI
IS PRINCIPLE PLACE OF BUSINESS OR RISK CONDUCTS MORE THAN 10% OF OPERATIONS IN MISSOURI,
AF001752 -AMERICANS WITH DISABILITIES ACT AND DISCRIMINATION EXCLUSION.
AF3378 - AMENDATORY ENDORSEMENTS: CANCELLATION, CANCELLATION OF FINANCED POLICY, AUDIT
CONDITIONS.
AF3400 - SILICAOR SILICARELATED DUST EXCLUSION.
UNLPFSDI L -COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS.
AF001788 - TOTAL CANNABIS AND RELATED PRODUCTS EXCLUSION.
CGOODI - COMMERCIAL GENERAL LIABILITY COVERAGE FORM - CG0601 04-13,
CG2.107 -ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA -RELATED LIABILITY
EXCLUSION.
CG2167 ..FUNGI OR BACTERIA EXCLUSION ((DOES NOT APPLY TO GOODS OR PRODUCTS INTENDED FOR BODILY
CONSUMPTION).
OG2426 - AMENDMENT OF INSURED CONTRACT DEFINITION.
AF001401 -DAMAGE TO PREMISES RENTED TO YOU LIMITATION -FIRE LEGAL LIABILITY COVERAGE.
AF000873 -KNOWN INJURY OR DAMAGE EXCLUSION FOR PERSONAL & ADVERTISING INJURY.
AF000899 -CLARIFICATION AMENDMENT TO POLICY AIRCRAFT, AUTO OR WATERCRAFT EXCLUSION.
D2 -CALIFORNIA SURPLUS LINES NOTICE,
CAPRNOTICE -CALIFORNIA PREMIUM REFUNDS NOTICE -POLICIES CANCELED BY INSURED MAY INCUR A 10%
SHORT RATE PENALTY.
CG3234 - CACI-IANGES.
AF001740 -DESIGNATED OPERATIONS -STATE OF NEW YORK EXCLUSION.
AF001741 -DESIGNATED OPERATIONS -STATE OF WASHINGTON EXCLUSION.
AF33509 - ASSAULT & BATTERY EXCLUSION REMOVAL (ENDORSEMENT TO REMOVE A&B EXCLUSION).
AP33510 -CLASSIFICATION LIMITATION.
AF33515A -NEW RESIDENTIAL CONSTRUCTION EXCLUSION.
AF33530 -SUBSIDENCE EXCLUSION.
AF3397 - EIFS EXCLUSION & DRY WALL EMISSION EXCLUSION.
CG0300 - DEDUCTIBLE LIABILITY.
002144 - LIMITATION OF COVERAGE TO A DESIGNATED PREMISES / PROJECT.
TYPIST: IN THE PROJECT BOX, TYPE THE FOLLOWING "ELECTRICAL / UTILITY BOX PAINTING FOR CITY OF SANTA ANA "
OG2154 - OCIPANRAP-UP EXCLUSION.
GLS 261s - ADDITIONAL INSURED - INDPENDENT CONTRACTOR (SCOTTSDALE FORM - SEE NEXT PAGE)
CONDITIONS:
RkkMvwge hLD[vr m
ReAMED &APPRCNED AY-
ggp
'� Rl;khh�nlgUtgCrISAn�ly;l
w:
DATE: 11 /19/2020
101 California Street, Suite 975, San Francisco, CA 94111
Phone: (415) 421.4244 OR (800) 759-4855 Fax: (415) 421-0620
INSURANCE BINDER
QUOTE BASED ON ONE MULTI BOX PROJECT AT FLAT RATE
MINIMUM PREMIUM APPLIES
NO ARS INCLUDED.
Page 4 of 4
PLEASE REVIEW THIS BINDER CAREFULLY AS IT MAY DIFFER FROM COVERAGES AND LIMITS REQUESTED,
THIS. COMPANY BINDS THE RIND(S)OFINSURANCE STIPULATED HEREIN, THE ABOVE COVERAGES ARE THE ONLY COVERAGES BOUND,
ANY COVERAGE REQUESTED IN THEAPPLiCA'MN THAT DIFFERS FROM THEABOVE IS NOT INCLUDED. THE INSURANCE 15 SUBJECT TO
THE TERMS, CONDITIONS, LIMITATIONS, AND FORMS OF THE POLICY(S) IN CURRENT USE BY THE COMPANY. THIS BINDER IS
CANCELLED SIXTY (60) DAYS FROM THE EFFECTIVE DATE OR WHEN REPLACED BY A POLICY, WHICHEVER COMES FIRST,
THE AGENT MUST READ THIS CERTIFICATE AND IF NOT CORRECT RETURN IT IMMEDIATELY TO BURNS & WILCOX, LTD.
Sr Harvey Goldenberg, Authorized Representative (CA INS LIC # 0828615)
REVIMD&pAPPPFR��OVED BY.'
EE
& _ C�Rd�Qvd " fb Y�t
RLEkIY¢An�gemRnCAnaly{t