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HomeMy WebLinkAboutPAINT BLAST US (STENCIL BLAST US, INC)INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES ONE 15125 CITY CLERK N-2024-377 DATE: DEC 0 2 2024AGREENMNT WITH STENCIL BLAST US, INC. (DBA PAINT BLAST US) FOR SIDEWALK POETRY PUBLIC ARTS PROJECTS o..we, �0 HIS AGREEMENT is made and entered into on this 27th day of August, 2024 by Stencil Blast US, Inc., tA14 Pravly 1°"RRing business as Paint Blast US ("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 desires to retain a Consultant having special skill and knowledge in the field of sidewalk art, including the production of stencils, application, sandblasting, and painting. B. Consultant represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional 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 the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Consultant's Proposal, attached hereto as Exhibit A and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount to be expended during the term of Agreement shall not exceed $39,000. 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. 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. Diu This Agreement shall commence on the date first written above for a one-year term and terminate on August 31, 2025, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for two, one-year extensions upon a writing executed by the City Manager and City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor 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. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement, not to include Consultant's work papers ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in anyway in its use of the Documents and Data at anytime, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. a. Minimum Scope and Limit of Insurance 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 in the aggregate. Umbrella and excess insurance policies can be used to meet the required limits. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1) with a combined single limits no less than $1,000,000. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Umbrella Liability Policy: $1,000,000 per occurrence or claim, $1,000,000 aggregate. Broader Coverage: if the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions Additional Insured Status: The City, its City Council, its officers, officials, employees, and volunteers are to be covered as additional insureds on the Consultant's CGL, Professional Liability, and Automobile Liability policies, with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. 2. Waiver of Subrogation: Insurance company (or companies) agree 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. Primary Coverage: For any claims related to this contract, the Consultant's insurance coverage shall be primary. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 4. Severability of Interest: 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. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, 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 of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Isabel Gomez, 20 Civic Center Plaza, M-36, Santa Ana, 92701. The name and location of project must be included in the Description of Operations section of each certificate. 7. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The 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 with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 9. Verification of Coverage: Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 10. 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 five (5) years after completion of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the contract effective date, Company must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. 11. 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. 12. Failure to Maintain Insurance Coverage: If Consultant, for any reason, fails to maintain insurance coverage which is required pursuant to this contract, the same shall be deemed a material breach of the contract. City, at its sole option, may terminate this contract at any time and obtain damages from Consultant from said breach. 13. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I 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 of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. It. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and 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. 14. 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. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. 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 the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax:714-647-5635 To Consultant: Stencil Blast US, Inc. Dba Paint Blast US Attention: Nadia Osokin PO Box 1196 Sunset Beach, CA 90742 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: /� `I A&VL, Kyle Ilesen Assistant City Attorney FOR APPROVAL: Nabil Saba /lj Executive Director Public Works Agency CITY OF SANTA AN '11L?�tZZ Alvaro Nunez City Manager STENCIL BLAST US INC.: By: Nadia Osokin Title: President / CEO EXHIBIT A - PROPOSAL 7AINT BLAST US SUPERIOR PAINTING SERVICE Proposal # S -145 Submitted to: City of Santa Ana - Public Works Company Agency Name Sean Thomas. P.E. Stencil Blast US Inc. ribs Paint Blast US License #1084260 I DIR # 1000853906 WOSB # WOSB220579I WBENC # WBE2200951 #2026848 PO Box 1196, Sunset Beach, CA 90742 Phone: (714) 395-6173 info@paintblastus.com www.PaintB[astUS.com Work to he net lormed at Project Name Address 20 Civic Center Plaza Address City, State ZIP Santa Ana, CA 92701 City Phone 714-647-5656 ZIP Public Arts: Sidewalk Poetry S Main St Intersections Santa Ana, CA 92707 Email sthomas5@santa-ana.org Project Contact Phone 714-647-5656 Scope of Work: Produce rubber stencils, apply, sandblast, and paint sidewalk locations on South Main St, Santa Ana, using city -provided poetry text. Project Details: Paint Blast US will notify nearby businesses of the work to be completed at least one week prior to the start date. "No parking" notices will be placed in necessary locations at least 72 hours in advance. Cones and a mobile containment unit will be used at each location. Additional protection and coverage around work areas will be provided as needed (e.g., covering nearby furniture, windows, etc.). The scope Includes 30 Decorative Sandblast Designs. Finish color: black. Paint Blast US will collaborate with the city and its artists to prepare and finalize designs for optimal on -site application. Drawings for approval will be supplied by Paint Blast US before stencil production commences. All stencil materials are for one-time use. Location will be finalized with the assistance of city representatives and Blue Mountain Development. Paint Blast US will begin "silent set up" between 6 to 7 AM*. The crew will place cones, sweep/prep the area, complete protection around local businesses, and install the stencils. Noise will be kept to a minimum to avoid disruption to local residents and businesses. After 8 AM, Paint Blast US will begin the sandblasting portion of the work. Once sandblasting is completed at a location, Paint Blast US will sweep the surrounding area and proceed with the final steps of painting the etched poetry text. The final step will be the removal of stencil material, cones, barriers, and containment. Once all work is completed, residents are free to use the sidewalk as needed. Paint Blast US aims to complete approximately 4 poetry locations per day. All work will be completed within a 10-working-day period. Crews will be scheduled around street sweeping schedules to avoid any issues during those days. No sandblasting to be done after 5PM. A $2.250 material deposit will be required prior to the start. Cost per location: $1,300. not incloiled/Exclusions: Off hours work. Plant cleaning. Protection of unauthorized vehicles. Any locations outside of the provided work areas. Anything not clearly listed in the above "Scope of Work" is not included in this proposal. Special Conditions: No other trades should be working within 25' from sandblasting. Estimated time - 8 to 10 working days for stencil application and painting for all locations. Lead time for stencil production - 2-3 weeks. Initial text for stencil production should be provided to Paint Blast US at least 2 weeks prior to project start. Cleanup will be done only off hardscape. No people should be present within the contained sandblasting areas. Plan with updated markers locations should be provided 2 weeks prior to mobilization. *Start time of any work may be adjusted at the City's discretion. Note: All work is guaranteed as specified above and will be performed as per instructions of contractor. The above work will be completed in a workmanlike manner for the sum of. $39,000.00 with payments to be made as follows: Not 30 7/18/2024 Nad4w0 Submitted by (Company Representative( (MAXIMUM LIABILITY INSURANCE $1,000,000) (WORKMANS COMP INSURANCE AS REQUIRED BY LAW) You are hereby authorized to furnish all material, equipment and labor required to complete the work described in the above proposal, for which the undersigned agrees to pay amount stated in said proposal and according to the terms therefore. Contractor's Name Agency Address 20 Civic Center Plaza by City Santa Ana, CA 92701 Contractor's License R Phone 714-647-5656 Submitted by Date Page 2 of 3 REQUEST FOR PRELIMINARY NOTICE INFORMATION Please complete and small it back with signed proposal JOB NAME: Publlo Arts: Sidewalk Poetry JOB ADDRESS: S Maln St Intersectlons Santa Ana, CA VM7 OWNER: LENDER GENERAL CONTRACTOR: SUBCONTRACTOR: DIR project number: Is this Certified Payroll project: --I SIGNATURE: Page 3 of 3 aco20r CERTIFICATE OF LIABILITY INSURANCE lle� DATE(MM/DDNYYY) 10/29/2024 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: Rena Prasad Excelsure Insurance Services PHONE 18377 Beach Blvd., Ste. 325 (714) 796-1000 AC No:(877) 987-5051 E-MAIL ADDRESS certs@excelsure.com Huntington Beach CA 92648 INSURER(S)AFFORDING COVERAGE NAIC9 INSURERA: Kinsale Insurance Company 38920 INSURED INSURER B: Employers Compensation Insurance 11512 Stencil Blast US, Inc. INSURERC: DBA: Paint Blast US Po Box 1196 INSURERD: INSURER E: Sunset Beach CA 90742 INSURER F: COVERAGES SA CERTIFICATE NUMBER: Cart ID 16469 (77) 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. ILTR TYPE OF INSURANCE ADOL SUHR POLICYNUMBER POLICY EFF MMIDDIYYYY1 POLICY EXP (MMIDD/YYYY1 LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE �% OCCUR Y Y 0100294432-0 04/15 /2 02 4 04/15/2025 EACH OCCURRENCE $ 1, 000, 000 PREMSES Fa occurrence $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL S ADV INJURY $ 11000,000 AGGREGATE LIMIT APPLIES PER: POLICY JE'CT 11 LOC GENERALAGGREGATE $ 2,000,000 GEN'L PRODUCTS-COMP/OPAGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANYAUTO J OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Par accident S $ A UMBRELLALIAB X OCCUR 0100294469-0 04/15/2024 - 04/15/2025 EACH OCCURRENCE $ 11000,000 AGGREGATE $ 1,0001000 X EXCES$LIAe CLAIMS -MADE DEO I I RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNEMEXECUTIVE OFFICEWMEMBEREXCLUDEDP 51 NIA HIG570434900 08/30/202 4 08/3 0/2 02 5 PER OTH- X STATUTE ER E.L. EACH ACCIDENT $ 11000,000 E.L. DISEASE -EA EMPLOYEE $ 11000,000 (Mandatory In NH) If yes, describe under E.L. DISEASE -POLICY LIMIT $ 11000,000 DESCRIPTION OF OPERATIONS below $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACOR0101, Additional Remarks Schedule, may be attached If more space is required) The Certificate Holder, as required by written contract or agreement, is Additional Insured with respects to the General Liability, as par form CG 20 10 12 19, including Competed Operations as per form CG 20 37 12 19, Primary and Non -Contributory Wording as per form CAS5003 0717 and Waiver of Subrogation as per form CAS4002 0110. Waiver of Subrogation is included on the Workers Compensation policy as per form WC 04 03 06 (Ed. 4-84).RE: Public Arts - Crosswalk Art & Sidewalk Poetry I Address: 20 Civic Center Plaza Santa Ana, CA 92701 Thirty (30) day prior notice in case of cancellation of policy 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 - Public Works Agency ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 ' V V ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD APPROVED Page 1 of 2 Sy Cynthia Mora at 1:39 pm, Nav21, 2024 DESCRIPTION OF OPERATIONS SECTION CONTINUED DATE 10/29/2024 City of Santa Ana - Public Works Agency Stencil Blast US, Inc. DBA: Paint Blast US 20 Civic Center Plaza Po Box 1196 Sunset Beach CA 90742 Santa Ana CA 92701 DESCRIPTION OF OPERATIONS CONTINUED: Ten (10) day prior notice in case of non-payment of premium APPROVED By Cynthia Mora at 1:39 pm, Nov 21, 2024 DOC (1012003) Page 2 of 2 ACORBI CERTIFICATE OF LIABILITY INSURANCE `� DATE(MM/DD/YYYY( 1 10/14/2024 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 endorsements . PRODUCER NAME,CONTACT OFFICE MANAGER NAME: StateFarm TRAVIS FOSTER INSURANCE AGENCY INC PHONE 530-242-1411 ac NR: 530.242-1311 1007 DANA DR STEC auu gES: CERTREQUEST@TRAVISFOSTERAGENCY.COM ® BEDDING CA 96003 003 INSURERS AFFORDING COVERAGE NAIC N INSURERA: State Farm Mutual Automobile Insurance Company 25178 INSURED INSURER B: State Farm General Insurance Company 2$151 PAINT BLAST US INSURER C: STENCIL BLAST US INC INSURER D : PO BOX 1196 INSURER E: SUNSET BEACH CA 90743 INSURER F: COVERAGES CERTIFICATE NUMBER: PEVlclnM MI 18110=0 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. INSRLTR TYPE OF INSURANCE ADOL SUBR POLICY NUMBER POLICYEFF MMXH)/YYYY1 PODCYEXP IMMUDOA`YYYI LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE $ DAMAGE TO RE TIED PREMISES (Ea awunence $ MEDEXPIAnycne arson) $ PERSONAL &ADV INJURY $ AGGREGATE LIMIT APPLIES PER POLICYPRO- ❑ JECT LOG GENERAL AGGREGATE $ GENT PRODUCTS-COMP/OP AGG $ $ OTHER: OTHER AUTOMOBILE LIABILITY Y Y 598-0382-EO6-55 05/06/2024 05/06/2025 OMBBINEDt SINGLE LIMITEa $ 1,000,000 ANYAUTO BODILY INJURY (Per person) $ A OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY neracddent) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Peraccidant $ UMBRELLA IJAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LMB CLAIMSfMADE DED I I RETENTION$ $ WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY Y/N ANY PROPRIETOMPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA PER OTH- 'TATUTE FOR E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) It yes, describe under E.L DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below B INLAND MARINE 90-E7-D773-2 05/06/2024 05/06/2025 MOBILE EQUIPMEN 50,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, AddlUonal Remarim Schedule, may be aMached It more space Is required) Project Name— Public Arts - Crosswalk Ad &Sidewalk Poetry - Mockup. Project Addresses: - 20 Civic Center Plaza Santa Ana, CA 92701. The City, its City Council, its officers, officials, employees, and volunteers are to be covered as additional insureds on the automobile liability policy with waiver of subrogation. This insurance is primary and non-contributory. 30-day notice of cancellation. APPROVED By Cynthia Mora_at 1:42 pm, Nov 211" rE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana - Public Works Agency ACCORDANCE WITH THE POLICY PROVISIONS. Attention: Isabel Gomez 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana, CA 92701 AC,16a4 7e&614, ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 1001486 132849.12 03-16­2016 24 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION Attached To and Forming Part of Policy Effective Dote of Endorsement Named Insured 0100294432-0 04/15/202412:01AM at the Named Stencil Blast US Inc Insured address shown on the Declarations Additional Premium: Return Premium: $0 1 $0 This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organizations) Location(s) of Covered Operations Blanket, as required by written contract, executed prior to the start of work on the project. Locations as required and specified by written contract, I executed prior to the start of work on the project. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organizations) shown in the Schedule, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. APPROVED By Cynthia Mora at 1:39 pm, Nov 21, 2024 CG 2010 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. APPROVED By Cynthia Mora at 1:39 pm, Nov 21, 2024 CG 2010 12 19 © Insurance Services Office, Inc., 2018 Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100294432-0 04/15/2024 12:01AM at the Named Stencil Blast US Inc Insured address shown on the Declarations Additional Premium: Return Premium: $0 $0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organizations) Location and Description of Completed Operations Blanket, as required by written contract, executed prior to the start of work on the project. Locations as required and specified by written contract, executed prior to the start of work on the project. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the by law; and applicable limits of insurance. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. ALL OTHER TERMS AND CONDITIONS OFTHE POLICY REMAIN UNCHANGED. APPROVED By Cynthia Mora at 1:39 pm, Nov 21, 2024 CG 20 37 12 19 © Insurance Services Office, Inc., 201E Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -BLANKET Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100294432-0 04/15/2024 12:01AM at the Named Stencil Blast US Inc Insured address shown on the Declarations Additional Premium: I Return Premium: This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE SECTION IV — CONDITIONS, 8. Transfer of Rights of Recovery against Others to Us is amended by the addition of the following: We waive any right of recovery we may have against persons or organizations because of payments we make for injury or damage arising out of "your work' done under a written contract with that person or organization wherein you have agreed to provide this waiver. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. APPROVED By Cynthia Mora at 1:39 pm, Nov 21, 2024 CAS4002 0110 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100294432-0 04/15/2024 12:01AM at the Named Stencil Blast US Inc Insured address shown on the Declarations Additional Premium: Return Premium: $0 $0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE ENVIRONMENTAL CONTRACTING AND PROFESSIONAL SERVICES LIABILITY COVERAGE PRODUCTS POLLUTION LIABILITY COVERAGE PREMISES ENVIRONMENTAL LIABILITY INSURANCE COVERAGE ENVIRONMENTAL COMBINED LIABILITY POLICY - ALL COVERAGE PARTS The insurance provided to Additional Insureds shall be excess with respect to any other valid and collectible insurance available to the Additional Insured unless the written contract specifically requires that this insurance apply on a primary and non-contributory basis, in which case this insurance shall be primary and non-contributory. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. APPROVED By Cynthia Mora at 1:39 pm, Nov 21, 2024 CAS5003 0717 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) 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 2 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description With respect to all employees subject to the workers' compensation laws of the state of California, any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. This policy is subject to a minimum charge of $250 for the issuance of waivers of subrogation 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.) This endorsement, effective 08/30/2024 Policy No. EIG 5704349 00 Issued to STENCIL BLAST US, INC. Premium $26,168 Countersigned at at 12:01 AM standard time, forms a part of Of the EMPLOYERS COMPENSATION INS. CO Carrier Code 00441 Endorsement No. on By: Authorized Representative WC 04 03 06 (Ed. 4-84) © 1998 by the Workers' Compensation Insurance Rating Bure aA AD O VED -' By►'Cynthia Mora at 1:39 pm, Nov 21, 2024 C EXCEPTION TO PROCESS REQUEST Finance and Management Services — Purchasing Division DEPARTMENT AND VENDOR INFORMATION Department/Division Department Contact/Requester DatelTerm of Agreement Public Works/Construction Services Isabel Gomez N/A Vendor Name Vendor Email & Phone Vendor Representative Paint Blast US info@paintblastus.com/714-395-6173 Nadia Osokin Type of Contract: 19 One-time ❑ Multi -Year Requisition No. Amount (Including all fees & taxes) ❑Renewal ❑Change Order 0Increase Agreement $ 39,000.00 Type of Exception (checkall that apply): @Sole Source ❑Piggyback ❑ Grant dictates vendor awarded DOther—explain below ❑Emergency Purchase: Provide Emergency PO pre -approved and assigned by Buyer: ❑Preservation of life, health, or property DFormal solicitation previously attempted, but yielded no responsive solicitations or lowest, responsible bidder is not being awarded. Please provide more information below. Provide solicitation number. RFP/IFB # JUSTIFICATION Attach additional ages ifneeded. Description - Pmvlde a detailed description ofgoods/services. Paint Blast US will provide graphic design services le formal artist poems. Once finalized, they will sandblast poems onto sidewalks on South Main Street from i st Street to Warner Avenue. Justification for exception to competitive bidding process request: Explain why this purchase cannot be procured using the City's competitive bidding process or current Purchasing Policies and Procedures. The Public Works Agency (PWA), with assistance from the Community Development Agency (CDA), managed the 2022 South Main Street Corridor Public Art Initiative: htips://www.santa-ana.org/soulti-main-public-art-initiative-phase-2/oca. On July 19, 2022, City Council approved an amendment to add funds to project number 17-9001 for the implementation of art along South Main from 1st Street to Warner Avenue. CDA used Submittable.com for the Public Art Initiative project, as it has for previous special art projects. The selection committee, which included members from the Santa Ana Unified School District, the City of Santa Ana, local residents, and community members, identified the winning artists from the submitted proposals. From the awarded artists, the City selected poems to be sandblasted onto the sidewalk. Paint Blast US was selected because they offer graphic design services to format the poems according to the location they will be placed prior to sandblasting. They will also be performing the sandblasting scope . Because this scope includes artistic graphic design skills, it cannot be competitively bid and all work in this scope should be Sole Sourced. CERTIFICATIONS' I certify that: -- • Purchase will not be split to circumvent the City's established Purchasing Policies and I have verified due diligence has been performed by Procedures. myself or department staff and can confirm purchasing It Is my responsibility to verify vendor's compliance with the City's Insurance and these products/services in accordance with the City's prevailing wage requirements (DIR) prior to commencement of any work on City established Purchasing Policies and Procedures is not property. advantageous to the City. APPROVALSREQUIRED > $15,000 > $50,000 (Not Requiring City Council Approval) City Council Approval Required for: o Division Head/Manager o Division Manager c Non -Public Works > $50,000 o Purchasing Supervisor o Executive Director o Public Works> $500,000 o Purchasing Supervisor Dept. staff to work with auyerto draft Staff Report. SIGNATURES Requesters Name (Print) Requester's Initials Date Isabel Gomez fG 08/08/2024 Division Head/Manager's Name (Print) Signature Date Sean Thomas 08/06/2024 cutive IrectodDesignee's Name (Print) �A Signature Date Aa/L 11 �1,.-,��� �. g 9 Purchasing Supervisors Name Signature Dale I Karla Lopez 08/12/2024 Requesters must attach to this form documents supportingJustiftcationQ9 a than requests. The Purchasing Manager is authorized to exempt certain contracts from competitive Idding in accordance with Ordinance No. NS-3041. City of Santa Ana Purchasing Division 07/0612023