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HomeMy WebLinkAboutDEVORA LEMUS (3)INSURANCE ON FILE WORK MAY PROCEED N-2021-010-02 o UNTIL INSURANCE EXPIRES o CLERK OF COUNCIL SECOND AMENDMENT TO UTILITY BOX ART PROGRAM DATE: ARTIST AGREEMENT THIS SECOND AMENDMENT TO UTILITY BOX ART PROGRAM ARTIST AGREEMENT is made and entered into this 231d day of March, 2021, by and between the City of Santa Ana, a charter city and municipal corporation, organized and existing under the Constitution and laws rn of the State of California ("City"), and Devora Lemus ("Grantee"). L-M) co) 3,-" RECITALS A. City and Grantee entered into Arts and Culture Artist Grant Program Agreement number N-2021-010, dated November 6, 2020, for the purpose of providing grant funding pursuant to the Utility Box Art Program ("said Agreement'). B. City and Grantee entered into a First Amendment to said Agreement dated Janurary 15, 2021, for the purpose of extending the Term of said Agreement until June 30, 2021 C. In accordance with the terms and conditions of said Agreement, the parties desire to amend Section C — Project, Subsection 1, to extend said Agreement until June 30, 2022. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: Section C, Project, Subsection 1, shall be amended to read as follows: "Artist will paint the utility box assigned to them by the City, and nothing more. Painting of the box must be completed by June 30, 2022. 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. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. Page 1 of 2 N-2021-010-02 IN WITNESS WHEREOF, the Parties have executed this Second Amendment to Utility Box Art Program Artist Agreement the date and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By. V ✓��, Ryan,0. Hodge Assistant City Attorney RECOMMENDED FOR APPROVAL: STE�NDO A Executive Director Community Development Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager t4V Page 2 of 2 Burns & Wilcox Francine R uigltallyslgneaby Francine R. Villareal Villareal Date: 2021.04.15 17:28:21-07'00' 101 California Street, Suite 975, San Francisco, CA 94111 Phone: (415) 421-4244 OR (800) 759-4855 Fax: (415) 421-0620 DATE:4/7/2021 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 550 Santa Ana, CA 92701 San Francisco, CA 94111 LOCATION(S) OF RISK: 1. Bristol and Santa Clara Ave, Santa Ana, CA 92706 2. Bristol Street and 19th Street, Santa Ana, CA 92704 3. Bristol Street and Washington Avenue, Santa Ana, CA 92706 4. Bristol Street and Civic Center Drive, Santa Ana, CA 92703 5. Bristol and St Andrew PI, Santa Ana, CA 92704 6. Bristol Street and McFadden Avenue, Santa Ana, CA 92707 7. Bristol Street and Wilshire Avenue, Santa Ana, CA 92704 8. Bristol Street and Edinger Avenue, Santa Ana, CA 92704 9. Main Street and Civic Center Drive, Santa Ana, CA 92701 10. Flower Street and Alton Avenue, Lillie King Park, Santa Ana, CA 92707 11. First & Main, Santa Ana, CA 92701 12, 3rd & Main, Santa Ana, CA 92701 13, 4th & Main, Santa Ana, CA 92701 14. 3rd & Broadway, Santa Ana, CA 92701 15. 4th & Broadway, Santa Ana, CA 92701 16. 5th & Broadway, Santa Ana, CA 92701 17. 4th & Bush, Santa Ana, CA 92701 18. Grand & Dyer, Santa Ana, CA 92705 19. Main & McFadden, Santa Ana, CA 92707 20. 17th & Centre on 17th, Santa Ana, CA 92705 21. Bristol & 17th, Santa Ana, CA 92706 22. Main St and St. Gertrude PI, Santa Ana, CA 92704 23, Bristol & 1st, Santa Ana, CA 92703 24. Harbor & McFadden, Santa Ana, CA 92704 25. 1st & Downtown Plaza, Santa Ana, CA 92704 26. Main St & Washington, Santa Ana, CA 92704 27. Raitt& MacArthur, Santa Ana, CA 92704 28. Flower St & Bishop, Santa Ana, CA 92704 29. Greenville & Alton, Santa Ana, CA 92704 POLICY EFFECTIVE FROM: 04/12/2021 AT 12:01 AM TO 12/01/2021 AT 12:01 AM STD TIME AT RISK LOCATION. FORM OF COVERAGE: COMMERCIAL GENERAL LIABILITY OCCURRENCE POLICY NO: CIP423636 INSURER(S): Line Of Business Supplier(s) Agreement Number Participation Commercial General Liability Alain Specialty Insurance Company 100.00 % -kz "MunegementDl AIM REVIEWED & APPROVED BY: Ii:4F,rnaaF MMEW RBk Management Analyst Burns& Wilcox DATE: 4/7/2021 101 California Street, Suite 975, San Francisco, CA 94111 Phone: (415) 421-4244 OR (800) 759-4855 Fax: (415) 421-0620 INSURANCE BINDER Page 2 of 4 LIMITS / DEDUCTIBLES: Loc Sub Coverage 1 General Aggregate 1 Products and Completed Operations 1 Each Occurrence 1 Personal and Advertising Injury 1 Medical Expense / Any One Person 1 Damage to Premises Rented to You / Each Occurrence TOTAL CHARGES: Premium: $ Fee: $ Tax: $ Tax: $ TOTAL: $ EXCLUSIONS: 600.00 Commercial General Liability 200.00 Brokerage Fee (Fully Earned) 1.50 Stamping Tax 18.00 Surplus Lines Tax - GenLiab 819.50 SEE "ENDORSEMENTS' SECTION BELOW / NEXT PAGE ENDORSEMENTS: Limit(s) Deduct! $2,000,000 $2,000,000 $1,000,000 $500 $1,000,000 $5,000 $100,000 Per Claim BI/PD 100% MINIMUM & DEPOSIT MINIMUM RETAINED PREMIUM: 100.00 % EARNED MINIMUM PREMIUM = $600.00 Co Ins &s c RlekMamge LDW!un t? GREVIEWED&APPROVED BY: ��� pI �oa+.rM.a P1, V1.4�tnas,E 45=- Risk Management Analyst Burns & Wilcox 101 California Street, Suite 975, San Francisco, CA 94111 Phone: (415) 421-4244 OR (800) 759-4855 Fax: (415) 421-0620 DATE: 4/7/2021 INSURANCE BINDER Page 3 of 4 **ENDORSEMENTS & EXCLUSIONS: UNLPFD1 - COMMON POLICY DECLARATIONS. AF001772 -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. UNLPFSD1L -COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS. AF001788 -TOTAL CANNABIS AND RELATED PRODUCTS EXCLUSION. CG0001 - COMMERCIAL GENERAL LIABILITY COVERAGE FORM - CG0001 04-13. CG2107 -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). CG2426 -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-CACHANGES. 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). AF33510 -CLASSIFICATION LIMITATION. AF33515A - NEW RESIDENTIAL CONSTRUCTION EXCLUSION. AF33530 -SUBSIDENCE EXCLUSION. AF3397 - EIFS EXCLUSION & DRYWALL EMISSION EXCLUSION. CG0300 -DEDUCTIBLE LIABILITY. "CG2144 -LIMITATION OF COVERAGE TO A DESIGNATED PREMISES / PROJECT PROJECT: ELECTRICAL / UTILITY BOX PAINTING FOR CITY OF SANTA ANA """ CG2154 - OCIP/WRAP-UP EXCLUSION. CG2503 -PER PROJECT AGGREGATE:*** TYPIST INCLUDE THE FOLLOWING WORDING: "LOCATIONS AS REQUIRED BY SPECIFIC WRITTEN CONTRACT" *** AF001397 -BLANKET PRIMARY & NON CONTRIBUTORY WORDINGJYPING -ADD THE FOLLOWING WORDING TO FORM: "ANY PARTY FOR WHOM THE INSURED IS PERFORMING SERVICES, AT A SPECIFIED PROJECT SET FORTH IN A WRITTEN CONTRACT, THAT: (1) HAS BEEN SIGNED BY ALL PARTIES, INCLUDING THE NAMED INSURED AND THE PARTY SEEKING COVERAGE UNDER THIS ENDORSEMENT: AND (2) HAS BEEN ENTERED INTO BEF Q JAc Risk Mawgan�enL Division REVIEWED& APPROVED By. Risk Managelmnt Analyst Burns & Wilcox 101 California Street, Suite 975, San Francisco, CA 94111 Phone: (415) 421-4244 OR (800) 759-4855 Fax: (415) 421-0620 DATE: 4/7/2021 INSURANCE BINDER Page 4 of 4 OCCURRED."] "CG2010 -ADDITIONAL INSURED OWNER, LESSEES OR CONTRACTOR. ENTITY NAMES AS All: "" ALL ARTISTS PAINTING ELECTCIAL / UTILITY BOXES FOR CITY OF SANTA ANA CG2033 - BLANKET ADDITIONAL INSURED - WHEN REQUIRED BY AGREEMENT - DO NOT USE WITH CG2139. CG2404 -BLANKET WAIVER OF SUBROGATION (ADD THE FOLLOWING WORDING TO FORM) "ANY PERSON OR ORGANIZATION WITH WHOM THE INSURED HAS AGREED TO WAIVE RIGHTS OF RECOVERY, PROVIDED SUCH AGREEMENT IS MADE IN WRITING AND PRIOR TO THE LOSS "). CONDITIONS: QUOTE BASED ON ONE MULTI BOX PROJECT AT A FLAT RATE OF $600.00 - MINIMUM PREMIUM APPLIES. 1 All INCLUDED FOR THE CONTRACTORS. PLEASE REVIEW THIS BINDER CAREFULLYAS IT MAY DIFFER FROM COVERAGES AND LIMITS REQUESTED. THIS COMPANY BINDS THE KIND(S) OF INSURANCE STIPULATED HEREIN. THE ABOVE COVERAGES ARE THE ONLY COVERAGES BOUND. ANY COVERAGE REQUESTED IN THE APPLICATION THAT DIFFERS FROM THE ABOVE IS NOT INCLUDED. THE INSURANCE IS SUBJECT TO THE TERMS, CONDITIONS, LIMITATIONS, AND FORMS OF THE POLICY(S) IN CURRENT USE BY THE COMPANY. THIS BINDER IS CANCELLED SIXTY (60) DAYS FROM THE EFFECTIVE DATE OR WHEN REPLACED BYA POLICY, WHICHEVER COMES FIRST. THEAGENT MUST READ THIS CERTIFICATEAND IF NOT CORRECT RETURN IT IMMEDIATELY TO BURNS & WILCOX, LTD. BY: Harvey Goldenberg, Authorized Representative (CA INS LIC # 0828615) rtmtDhisim _AR R �D&APaeovm Br. ` Risk Management Analyst 101 California Street, Suite 975, San Franolsoo, CA 94111 Phase: (415) 421.4244 OR (800) 759-4865 Fax; (415) 421.0620 DATE: 11119/2020 NSURA]NCE BINDER Page 4 of 4 QUOTE BASED ON ONE MULTI BOX PROJECT AT FLAT RATE MINIMUM PREMIUM APPLIES NO ARS INCLUDED, PLEASE REVIEW THIS BINDER CAREFULLYAS IT MAY DIFFER FROM COVERAGES AND LIMITS REQUESTED, THIS COMPANY BINDS THE KIND(S) OF INSURANCE STIPULATED HENEIN, THE ABOVE COVERAGES ARE THE ONLY COVERAGES BOUND, ANY COVERAGE REQUESTED IN THE APPLICATION THAT DIPPERS FROM THE ABOVE IS NOT INCLUDED, THE INSURANCE IS SUBJECT TO THE TERMS, CONDITIONS, LIMITATIONS, AND FORMS OF THE POLICY($) IN CURRENT USE BY THE COMPANY. THIS BINDER IS CANCELLED SIXTY (60) DAYS FROM THE EPPECTIVE DATE OR WHEN REPLACED BY A POLICY, WHICHEVER COMES FIRST, THEAGENT MUST READ THIS CBRTIFICATEANOIF NOT CORRECT RETURN IT IMMEDIATELY TO BURNS & WILCOX, LTD. BY: Harvey Goldenberg, Authorized Representative (CA INS LIC # 0628615) ro�.� PJakManq�mmenutriw;lms C, gLMMP&APPNovwIIyr 1 k, Vet RI,nLRtiann9ementAiia&ir