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HomeMy WebLinkAboutRAVENSWOOD STUDIO, INC.INSURANCE ON FILE A-2024-175 WORK I,iAY PROCEED INITIL INSURANCE EXPIRES &ZSLS CITY CLERK DATE: OCT 2 9 1024 CITY OF SANTA ANA AGREEMENT WITH RAVENSWOOD STUDIO, INC., TO PROVIDE DESIGN -BUILD SERVICES FOR LIBRARY CHILDREN'S EXHIBITS 0' LD (D) THIS AGREEMENT is made and entered into on this 15' day of October, 2024 by and between I0,1 pari0 (Kt � E%y Ravenswood Studio, Inc., an Illinois corporation ("Contractor"), 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. On August 22, 2024, the City issued Request for Proposal No. 24-107 ("RFP), by which it sought a contractor to provide design, fabrication, and installation services for the Main Library Children's Area Exhibits for the development of a series of nature-themed, interactive educational exhibits and dimensional murals that will be installed in the Children's Library. B. Contractor submitted a timely and responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 24-107, which is incorporated by reference as though fully set forth herein. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor 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 Contractor shall perform the services that were described in the scope of work that was included in RFP No. 24-107 and attached herein as Exhibit A. Contractor's proposal is incorporated in full by reference as though fully set forth herein. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed Nine Hundred Thirty -Seven Thousand, Seven Hundred Eighty -Eight and 00/100 Dollars ($937,788). This amount includes the base amount of $852,535 and a ten percent (10%) contingency amount of $85,253 for additional services, as required in writing, and at the sole discretion of the City. b. Payment milestones provided in Exhibit B shall be submitted as invoices to the City Page 1 of 9 #433759vl for review and approval for payment, pursuant to Section 2.c., below. c. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. d. 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. 3. TERM This Agreement shall commence on the date first written above with a term until December 31, 2026 with the option for the City to grant up to a one-year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Contractor 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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 Contractor under this Agreement ("Documents & Data"). Contractor 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. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to.Contractor 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 Page 2 of 9 #433759v1 the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require any subcontractors 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 Contractor. a. Minimum Scope and Limit of Insurance (1) Commercial General Liability (CGL). Insurance Services Office ("ISO") 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 $2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. (2) Automobile Liability (AL). ISO Form Number CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. (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, policy or employee, for bodily injury or disease. Coverage is not required if Contractor has no employees and signs request to waive such insurance. (4) Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. (5) Broader Coverage. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Self -Insured Retentions. Self -insured retentions must be declared to and approved by City. At the option of City, Contractor shall cause its insurer(s) to reduce or eliminate such self -insured retentions as respects City, its City Council, officers, officials, employees, agents and volunteers; or Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. C. Other Insurance Provisions Page 3 of 9 #433759vl The above required insurance policies are to contain or be endorsed to contain the following provisions: (1) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL, AL, and Professional Liability policies with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. (2) Waiver of Subrogation. Contractor's insurance company(ies) agree(s) 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 may arise from work performed by Contractor under this Agreement. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (3) Primary Coverage. For any claims related to this contract, the Contractor's insurance coverage shall be primary and any insurance or self-insurance maintained by City, its City Council, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (4) Severability of Interest (Cross -Liability). A severability of interest provision must apply for all the additional insureds, ensuring that Contractor'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. Insurance policy(ies) 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. The Certificate Holder on each Evidence of the Insurance certificate shall be: City of Santa Ana, Attention: Risk Management Division, 20 Civic Center Plaza, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. d. Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Contractor 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. Page 4 of 9 #433759vl e. 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. f. Verification of Coverage. Contractor 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 allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor'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. g. 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. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and Page 5 of 9 #433759vl 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 Contractor to the City pursuant to this Agreement. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor 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 Contractor 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, Page 6 of 9 #433759v1 promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any 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 Contractor 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 Contractor, Contractor 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, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor 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 Contractor 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 Contractor 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 Page 7 of 9 #433759v1 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 Contractor 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. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk 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: Library Services Director City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 To Contractor: Ravenswood Studio, Inc. Attn: Mark Ewing, COO 6900 N. Central Park Ave. Lincolnwood, IL 60712 #433i A parry 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. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: SONIA R. CARVALHO City Attorney By: Brdnddn Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: Brian Sternberg Executive Director Library Services Agency CITY OF SANTA ANA Alvaro Nunez City Manager CONTRACTOR: Mark Ewing Chief Operating Officer Page 9 of 9 #433759vl EXHIBIT A SCOPE OF SERVICES CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Contractor shall perform services as set forth below for approved conceptual designs. 1. Contractor shall furnish all expertise, labor, supervision, materials, equipment, and resources to provide complete services for this project. The work shall be conducted in coordination and collaboration with City staff, the architect, construction manager, general contractor, and other stakeholders. 2. Attend informational meetings with the City and architect to understand the overall Library design and function 3. Provide concept narrative and preliminary budget based on concept drawings 4. Prepare conceptual and final design drawings/renderings for all elements including exhibit lighting and infrastructure requirements 5. Prepare renderings and/or models illustrating key components of the exhibits 6. Provide design and fabrication schedule 7. Provide production -ready art files 8. Coordinate client review of illustration art and graphic designs, including facilitation of feedback with the City 9. Provide fabrication of exhibits, including use of materials and design that provides for longevity and reasonable maintenance needs 10. Provide delivery and installation of exhibits and testing to ensure all exhibits function as intended 11. Ensure coordination of exhibits with general contractor for all construction work to be performed in the Children's Area 12. Provide a complete set of shop drawings for all fabricated elements and as-builts if required by changes during fabrication 13. Provide one month or more (if needed) of storage should there be delays in facility completion after fabrication begins 14. Provide final walkthrough inspection with City and stakeholders 15. Provide post installation support, long-term maintenance manuals/schedules, and warranty of product Note: Construction of the overall tenant improvement project is expected to be complete in March 2026. Contractor should anticipate completing design by early 2025, with installation of Children's Exhibits occurring on or about January/February 2026. All dates are tentative and subject to change. RFP 24-107 MAIN LIBRARY CHILDREN'S EXHIBITS Page 17 of 40 CITY OF SANTA ANA EXHIBIT I -A EXHIBIT DESCRIPTION A. Areal: Elementary 1. Spinning Gears Interactive This exhibit should offer theme and age -appropriate interactive gears that children can spin with the goal of developing fine and gross motor skills. Using clear plexiglass surfaces, children will gain an understanding of how gears turn and simple machines operate. 2. Interactive Matchina Game This exhibit should offer interactive ways for children and families to correctly match garden and animal related pictures and themes or invent new combinations. Activities may use rotating discs to match pictures of different animals as they develop through their life cycles. 3. Nature-Themed Interactive Light Game Exhibit to be modeled after the Simon game, with light up buttons. Children can learn to repeat patterns and challenge their memory. 4. Magnetic Word Activitv Exhibit should be designed with the intent of promoting imagination, literacy and an interest in writing, while connecting with the garden and nature themed space. Children and caregivers will utilize magnetized words and/or letters to express themselves while in close proximity to books and other library materials. 5. Create -A -Character Exhibit should include stacked blocks that can be spun to create different characters related to the overall garden and nature theme. Similar to the matching game, this exhibit allows children to explore different combinations of shapes, patterns and designs that assist in developing both logic skills and creativity at once. B. Area 2: Toddlers & Infants Interactive Toddler and Infant Activity Area A variety of exhibits and spaces that include developmentally appropriate learning activities: a. Specialized seating nooks that are safe for small children b. Safe/padded crawling and play areas developed specifically for toddlers and infants that help immerse children within the themed environment. c. Opportunities to learn about colors and shapes, especially those that appear in gardens and nature frequently. d. Additional opportunities for the use of magnets to create or "plant" a garden. RFP 24-107 MAIN LIBRARY CHILDREN'S EXHIBITS Page 18 of 40 CITY OF SANTA ANA C. Zone 3: Multigenerational Rube Goldberg Inspired Ball Run Interactive Incorporates design elements relating to the garden and nature theming of the space. Children will use this ball run to learn about nature while also gaining an understanding of STEM principles such as the conservation of energy and momentum, and how forces are important in engineering. The exhibit will operate by twisting a series of moving knobs or handles that allow children and people of all ages to choose various paths to explore. 2. Themed Endcaps Interactive play opportunities mounted to the ends of children's shelving units that utilize small- scale learning activities that compliment the overall theme of the space. 3. STREAM Activity Table This custom table is designed to support numerous uses: from a platform for building activities, to a writing surface, to an all-purpose children's makerspace table, this specialized table will become an area of creativity and imagination. The unique form and attractive design will draw multigenerational usage and encourage collaboration and facilitate STREAM learning. Boat Exhibit This exhibit will consist of a large boat for children to engage in imaginative play, STEM learning, and the development of fine and gross motor skills. The concept of the boat will be such that children and their caretakers can imagine that they are navigating a ship down a river while exploring their natural surroundings. RFP 24-107 MAIN LIBRARY CHILDREN'S EXHIBITS Page 19 of 40 EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable City Of Santa Ana -Library Services Agency Santa Ana Library 9/13/2024 Design Detai I Ingr rl • Luci Creative will work with Ravenswood Studio through installation of the Santa Ana Library Children's Area play and theming to ensure effective translation from design intent to fabrication. • See attached SOW from LOCI Creative for added breakdown of Fee and Reimbursable Allowance 2 1.1 Spinning Gears Interactive rr • One Spinning Gears Interactive with a rounded top, overall size approx, 3'-8 9/16" wide x 7'-2 5/8" high. Flat wheel to spin total of four gears with the top sun comprised of two layers with the face being stationary. Painted finish on gears, clear acrylic cover as rendered. Includes prototyping time for wheel size as needed. Total of 2 printed graphics on acrylic, three printed graphics on 1/2" ply or Apple ply. NOTE: Acrylic is priced as standard for cost and availability. Dial Match $8,680.00 • One V-6" diameter and one 1'--5/8" diameter wood discs stacked on top of each other with printed insects to be mounted on the facility wall. Each disk will spin independently and include visible fasteners. • One butterfly interactive approx. 4' wide x 2'-10 3/8" high x 2" thick approx, with several layers of stacked Apply ply or similar with a painted finish and sides. Unit will have four large light -up buttons embedded in the "wings" that will light up in a pattern and challenge participants to replicate the pattern similar to the popular, 'Simon' game. 1.4 Magnetic Words I Book Shelving r rrr tr One unit with two curved walls overall size 7.3'-6 13/16" wide x6' high x 10" deep with a clear -coated plywood on face, green paint on sides, three book alcoves with a mint -green Valchromat composition with 2" deep stacked plywood framing painted a darker green. • one updatable frame for 85" x 11" with print paper mounted on the wall; • One right side wall quadrant 6'-8 1/2." wide to be a magnetic surface with green color; • Fifty magnetic strips printed with a printed word in three languages, each approx. 5" wide x 1" high. • Three sets of spare magnets r rr • One unit overall V-10 1/8" wide x V-7 1/8" deep x 4'-2" high to contain four 10" cubes with individual printed illustrations on all 4 side faces of each block. Top and bottom caps to have radiused corners with a natural plywood and clear coat. Includes center shaft and internal resistance so cubes won't spin freely. Includes prototyping time. 6900 PI. Cont)I Park Avenue, Lincolnwood, I6O?;.2. I P. i847)-.679 -?300 I F (847) - G_9 .2805 M3/2024 I P2 • One padded bench approx, 6' wide x 1'-9" deep x 1' 6" deep with a padded vinyl cushion, clear -coated plywood side of bench; • Two vinyl printed and applied graphics per matrix r I rr • Twenty eight CNCed and printed graphics on Apply ply or 1/2" plywood. • Includes fabrication of wall unit behind elements 1.1, 1.2, 1.3, and 1.5, One Color Wheel Interactive unit approx, 14'-10" long x 7" deep x 4" high with clear coated plywood construction, clear acrylic face and backing panel, lighting allowance, three 2'-4" color wheels with printed gradient on clear acrylic and a solid backer, knob with some internal resistance, prototyping time. • Thirteen graphics - four prints on acrylic, balance to be hand painted. NOTE: All elements to be under 5'-0" to avoid structural review. • Forty eight contour -cut direct prints on vinyl magnets of varying sizes. • Metal backing wall panels with stem and leaf art to provide starting point for magnet placement • Three sets of spare magnets 11 2.3 Bunny Nook rr • One bunny seating nook approx. 5'-6" wide x 2' deep x 6'-6" high with a 2" thick vinyl -wrapped cushion bottom half of bench with painted curve on top half. This is a change for durability and installation of the vinyl cushion. � rr • One giant tree sapling with a base crawling area. with a tree structure approx. 7'-2 1/4" high with six buy-out leaves, base round platform approx. 6" high with buy-out foam platforms, ramps stairs. Base to Include 10 (4 implemented at a time) textured pads; • Two hand -painted graphics. Note: 12 - 14 week lead time for the HABA leaves. Note: Replacement for HABA flooring elements to be selected during fabrication as designed elements have been discontinued. Note: Does not include engineering review. If final design requires engineering review this will be handeled as a CO with costs based on the final design. Dimensional Murals $22,450.00 • Nine hand -painted, CNCed graphics on 1/2" Apply ply or plywood. • Arches of sealed raw plywood or painted finish applied to facility wall. • I rr • One stream table with plywood construction and clear coat, black toe kick, two locking side doors, up light table top with milk acrylic face, Lego partitions atop milk acrylic that can be removed as needed. Overall size is 7'-8" wide x 3'-5 1/4" deep x 2'-9" high with black toe kick. 6900N, Cool (aIPat lc-lvenue, Jocalnwood, IL 60712 I P: 184 ii 679-280D r(847). 779--1_805- i+1122024 1P • One 2-part boat with the stern at 2'-3 7/16" wide x 4'-7 5/8" wide x 3'4' high with painted plywood and curved structure as rendered. Includes sensory wall panels. Bow to be 3'-10 1/4" wide x 4'-7 5/8" wide x 5'-1/2" high with CNCed figurehead, two wheels, halo with switches, levers and buttons in natural plywood. Top mast to be brown and green painted with CNCed plywood construction; • Two CNCed and hand -painted graphics on 1/2" ply or Apple ply. Note: Does not include engineering review. If final design requires engineering review this will be handeled as a CO with costs based on the final design. 222,450.00 • Ball run Interactive budget per design; • Three hand -painted graphics on 1/2" ply or Apply ply; one large graphic applied to acrylic. Note: Does not include engineering review. If final design requires engineering review this will be handeled as a CO with costs based on the final design. • Budget for buy-out HABA or similar wall panel interactives, Dimensional Appliques $48,750.00 • Thirty five graphics to be CNCed and hand painted on 1/2" ply or Apple ply and mounted to exhibitry. it rr • Site survey to confirm existing conditions, r Trucking $13,500.00 • Dedicated trucking including return shipment for tools and equipment. • Client will be charged actuals at no mark up. 21 Performance Bond lr rr • Performance Bond per project requirements. 22 1 Project Assumptions • rr • This proposal is based on project completion by the end of Q1 2026. See detailed project schedule for specific completion date. Extending the project completion past this date may incur labor or material escalation costs. • The provided schedule is tentative and must be confirmed and aligned to the facility construction schedule that currently has a March 10, 2026 completion date. This will allow for Fabrication to complete in time for a coordinated installation when the facility is ready to accept materials for installation. We are prepared to move the Project Completion date to align with the facility construction schedule. • In the event that, after Fabrication begins, there are delays in facility readiness that require the exhibit materials to be stored for more than 1 month before installation, storage charges may be billed to the project. • This proposal includes a complete set of shop drawings for all fabricated elements and as-builts if required by changes during fabrication. • At the conclusion of installation, an Operations and Maintenance manual will be provided and staff training as part of project closeout. PROPOSALTOTAL:' ' $852,535.00 6900 N. Ci,mo7l Part, Avenue.: Lincolnwood, 11 60712 1 P: (817-6714 2-d00 I F- (84',) - 679 .2805 311Sj?024 P4 Payment Terms: Down Payment: 20% $170,507.00 Fabrication Start 20% $170,507.00 Fab Progress 20% $170,507.00 Fab Progress 20% $170,507.00 Fab Complete 10% $85,253.50 Final Payment: 10% $85,253.50 Project: Santa Ana Library Client Acceptance & Approval: See Agreement signature block Title Data PO Due upon signed proposal Due upon start of fabrication Due upon 50°%fabrication complete Due upon 75%fabrication complete Due upon Fabrication complete and prep for shipping At project completion Ravenswood Acceptance & Approval: Michael Shapira -resident, Ravenswood Studio, Inc.., 9/13/2024 Date Bldg: 102-9753 Other Estimator: mark@ravenswoodstudio.com Deposits and final payments should be submitted to: Ravenswood Studio 6900 N. Central Park Ave., Lincolnwood, IL 60712 Electronic Payments use Account#: 3806399278 1 Routing # (ACFI): 071925444 1 Routing # (W/T): 071925444 1 Wintrust Bank 6900 N. CeMa Park Avenue, tincoinwood, It 601,12 I P: I847! - 679 - 2500 1 F_ (847) . 679 280:i 9/13/ 2024 1 P.5 City of Santa Ana Agreement -Ravenswood Studios (10.15.24 CCM) UNSIGNED Final Audit Report 2024-09-24 Created: 2024-09-23 By: Dylan Dario (ddario@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAcTyOoa9ijzQJXElagNfMTR4Q4N2gcyJ7 "City of Santa Ana Agreement_ Ravenswood Studios (10.15.24 CCM) UNSIGNED" History Document created by Dylan Dario (ddario@santa-ana.org) 2024-09-23 - 3:01:45 PM GMT P4 Document emailed to Brian Sternberg (bsternberg@santa-ana.org) for signature 2024-09-23 - 3:01:51 PM GMT Email viewed by Brian Sternberg (bsternberg@santa-ana.org) 2024-09-23 - 6:27:14 PM GMT do Document e-signed by Brian Sternberg (bsternberg@santa-ana.org) Signature Date: 2024-09-23 - 6:28:04 PM GMT - Time Source: server 24 Document emailed to Mark Ewing (mark@ravenswoodstudio.com) for signature 2024-09-23 - 6:28:06 PM GMT Email viewed by Mark Ewing (mark@ravenswoodstudio.com) 2024-09-24 - 12:40:31 PM GMT b0 Document e-signed by Mark Ewing (mark@ravenswoodstudio.com) Signature Date: 2024-09-24 - 12:46:33 PM GMT - Time Source: server Agreement completed. 2024-09-24 - 12:46:33 PM GMT Q Adobe Acrobat Sign A`ORD® CERTIFICATE OF LIABILITY INSURANCE DATsi1s/zozam) 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 Evergreen Park, IL-McNellis Insurance -Hub International Midwest West 9401 S Pulaski Road Suite 301 23-24Master Evergreen Park IL 60805 CONTACT NAME: Ton Cara PHONE Exit. 708-425-5400 FAX No:7o8-425-54so E-MAIL AODREss: ton .care hubinternational.com SURERS�II ned N cVT o �_. Sodt t ry 3s926 INSURED VE Ravenswood Studio, Inc. & Luci Creative, LLC 6900 N. Central Park Ave I R B: a eeash a ra 18; g1 INSURERc: Selective Insurance Company of America 12572 INSURERD: Admiral Insurance Company 24856 Lincolnwood IL 60712 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 783883751 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 TYPEOFINSURANCE ADDL SUER POLICY NUMBER POLICY EFF MWDD POLICY EXP MM/DO LIMITS A X COMMERCIAL GENERAL LIABILITY S 1910479 8/10/2024 8/10/2025 EACH OCCURRENCE $1,000,000 CI -MADE � OCCUR PREMISES Ea ocrEO PREMISES Ea occurrence $500,000 MED EXP (Any one person) $15,000 PERSONAL &ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $3,000,000 PRI LOC POLICY JE PRODUCTS - COMP/OPAGG $3,000,000 $ OTHER: A AUTOMOBILE LIABILITY S 1910479 8/10/2024 8/10/2025 COMBINED SINGLE LIMIT Ea accident $1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHAUTOS EDULED AUTOS ONLY BODILY INJURY (Per accitlent) $ X HIRED X NON'WNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident) $ A X UMBRELLA LWB OCCUR S 1910479 8/10/2024 8/10/2025 EACHOCCURRENCE $5,000,000 [I AGGREGATE $5,000,000 EXCESS LIAB CIAIMS-MADE DEO X RETENTION$ n $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN 83WEAT5ZWE 8/10/2024 8/10/2025 X I STATUTE EORH E.L. EACH ACCIDENT $1,000,000 OFFl EMMEMB REXCLU ED?ANYPROPRIETOWPARTNEWEXECUTIVE ❑ NIA E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 C Leased/Rent Equipment S 1910479 8/10/2024 0/10/2025 Limit:$100,000 Deductible:$500 D Prof Liability E0000020115-13 6/25/2024 6/25/2025 Occurrence Aggregate 2,000,000 3,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Santa Ana, its officers, officials, employees, and volunteers are an additional insured on a primary and non-contributory basis with respect to the General Liability policy when required by Written contract or agreement subject to terms, conditions, and exclusions. CERTIFICATE City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PRC =a.„gyp Risk MaruganvltDiWmon REVIEWED&APPROVED BY: A-jz' AC4,44 ® Risk Management Spedalist 00 are ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY #S1910479 ElitePac® General Liability Extension Endorsement COMMERCIAL GENERAL LIABILITY CG 73 00 10 23 SUMMARY OF COVERAGES (including index) This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary. Refer to the actual endorsement (Pages 3-through-9) for changes affecting your insurance protection. DESCRIPTION PAGE FOUND Additional Insureds — Primary and Non -Contributory Provision Page 8 Blanket Additional Insureds — As Required By Contract Page 5 • Owners, Lessees or Contractors (includes Architects, Engineers or Surveyors) • Lessors of Leased Equipment • Managers or Lessors of Premises • Mortgagees, Assignees and Receivers • Any Other person or organization other than a joint venture • Grantors of Permits Broad Form Vendors Coverage Page 7 Damage To Premises Rented To You (Including Fire, Lightning or Explosion) Page 3 Electronic Data Liability ($100,000) Page 4 Employee Definition Amended Page 9 Employees As Insureds Modified Page 5 Employer's Liability Exclusion Amended (Not applicable in New York) Page 3 Incidental Malpractice Exclusion modified Page 8 Knowledge of Occurrence, Claim, Suit or Loss Page 8 Liberalization Clause Page 8 Mental Anguish Amendment (Not applicable to New York) Page 10 Newly Formed or Acquired Organizations Page 5 Non -Owned Aircraft Page 3 Non -Owned Watercraft (under 60 feet) Page 3 Not -for -profit Members — as additional insureds Page 5 Personal And Advertising Injury — Discrimination Amendment (Not applicable in New York) Page 9 Products Amendment (Medical Payments) Page 4 Supplementary Payments Amended — Bail Bonds ($5,000) and Loss of Earnings ($1,000) Page 4 Two or More Coverage Parts or Policies Issued By Us Page 9 Unintentional Failure to Disclose Hazards Page 8 Waiver of Transfer of Rights of Recovery (subrogation) When Two or More Coverage Parts of this Policy Apply to a Loss'g� tn�.owva 9 Y PPY � ,� f�ner�v6ArPRov®Bv: Copyright, 2023 Selective Insurance Company of America. All rights reserved. Rnk Management Speaalnt Includes copyrighted material of Insurance Services Office, Inc., with its permission. INSURED'S COPY THIS PAGE IS INTENTIONALLY LEFT BLANK. Copyright, 2023 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Risk Management Dbisi an REVIEWED&APPROVED BY. �. Risk Management Speualist INSURED'S COPY ElitePac® General Liability Extension Endorsement COMMERCIAL GENERAL LIABILITY CG 73 00 10 23 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. However, if (a) two or more Coverage Parts of this policy, or (b) two or more forms or endorsements within the same Coverage Part apply to a loss, coverage provision(s) with the broadest language will apply, unless specifically stated otherwise within the particular amendment covering that loss. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. COVERAGES — Amendments B. The following is added to Exclusion g. Aircraft, SECTION I — COVERAGE A BODILY INJURY AND Auto Or Watercraft under COVERAGE A BODILY PROPERTY DAMAGE LIABILITY INJURY AND PROPERTY DAMAGE LIABILITY, 2. EXCLUSIONS Employer's Liability Amendment (This provision is not applicable in the State of New York). The following is added to Exclusion e. Employer's Liability under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions: This exclusion also does not apply to any "temporary worker". Non -Owned Aircraft, Auto or Watercraft A. Paragraph (2) of Exclusion g. Aircraft, Auto Or Watercraft under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions is deleted in its entirety and replaced with the following: (2) A watercraft you do not own that is: (a) Less than 26 feet long and not being used to carry persons or property for a charge; or (b) At least 26 feet, but less than 60 feet long, and not being used to carry persons or property for a charge. Any person is an insured who uses or is responsible for the use of such watercraft with your expressed or implied consent. However, if the insured has any other valid and collectible insurance for "bodily injury" or "property damage" that would be covered under this provision, or on any other basis, this coverage is then excess, and subject to Condition 4. Other Insurance, b. Excess Insurance under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS. Exclusions: This exclusion does not apply to: (6) Any aircraft, not owned or operated by any insured, which is hired, chartered or loaned with a paid crew. However, if the insured has any other valid and collectible insurance for "bodily injury" or 'property damage" that would be covered under this provision, or on any other basis, this coverage is then excess, and subject to Condition 4. Other Insurance, b. Excess Insurance under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS. Damage To Premises Rented to You A. The last paragraph of Paragraph 2. Exclusions under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE is deleted in its entirety and replaced with the following: Exclusions c. through n. do not apply to damage by fire, lightning or explosion to premises rented to you or temporarily occupied by you with the permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III — LIMITS OF INSURANCE. Copyright, 2023 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Risk MsrugM0dDWb1M RwEwIEo 6 APPRovm BY. ® Risk Manaciement Specialist INSURED'S COPY B. Paragraph 6. under SECTION III — LIMITS OF INSURANCE is deleted in its entirety and replaced with the following: 6. Subject to Paragraph 5. above, the most we will pay under COVERAGE A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage caused by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner, for all such damage caused by fire, lightning or explosion proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of the three, is the amount shown in the Declarations for the Damage To Premises Rented To You Limit. C. Paragraph a. of Definition 9. "Insured contract" under SECTION V — DEFINITIONS is deleted in its entirety and replaced with the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract"; Electronic Data Liability A. Exclusion p. Access or Disclosure Of Confidential Or Personal Information And Data -related Liability under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions is deleted in its entirety and replaced by the following: p. Access or Disclosure Of Confidential Or Personal Information And Data -related Liability Damages arising out of: (1) Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information or any other type of nonpublic information; or (2) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. B. The following paragraph is added to SECTION III — LIMITS OF INSURANCE: Subject to 5. above, the most we will pay under COVERAGE A for "property damage" because of all loss of "electronic data" arising out of any one "occurrence" is a sub -limit of $100,000. SECTION I — COVERAGE C MEDICAL PAYMENTS EXCLUSIONS Any Insured Amendment Exclusion a. Any Insured under COVERAGE C MEDICAL PAYMENTS, 2. Exclusions is deleted in its entirety and replaced with the following: a. Any Insured To any insured. This exclusion does not apply to: (1) "Not -for -profit members"; (2) "Golfing facility" members who are not paid a fee, salary, or other compensation; or (3) Wolunteer workers". This exclusion exception does not apply if COVERAGE C MEDICAL PAYMENTS is excluded by another endorsement to this Coverage Part. Product Amendment Exclusion f. Products -Completed Operations Hazard under COVERAGE C MEDICAL PAYMENTS, 2. Exclusions is deleted in its entirety and replaced with the following: f. Products -Completed Operations Hazard Included within the "products -completed operations hazard". This exclusion does not apply to "your products" sold for use or consumption on your premises, while such products are still on your premises. This exclusion exception, does not apply if COVERAGE C MEDICAL PAYMENTS is excluded by another endorsement to this Coverage Part. SECTION I — SUPPLEMENTARY PAYMENTS — COVERAGES A AND B Expenses For Bail Bonds And Loss Of Earnings A. Subparagraph 1.b. under SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is deleted in its entirety and replaced with the following: b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. Copyright, 2023 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. INSURED'S COPY Risk Muisgmu?dMislm �y RWEweD&APPRWmBY: A+ p Auimco il�i Risk Management Specialist M N B. Subparagraph 1.d. under SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is deleted in its entirety and replaced with the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work. SECTION II — WHO IS AN INSURED — Amendments Not -for -Profit Organization Members The following paragraph is added to SECTION II — WHO IS AN INSURED: If you are an organization other than a partnership, joint venture, or a limited liability company, and you are a not -for -profit organization, the following are included as additional insureds: 1. Your officials; 2. Your trustees; 3. Your members; 4. Your board members; 5. Your commission members; 6. Your agency members; 7. Your insurance managers; 8. Your elective or appointed officers; and 9. Your "not -for -profit members". However only with respect to their liability for your activities or activities they perform on your behalf. Employees As Insureds Modified A. Subparagraph 2.a.(1)(a) under SECTION II —WHO IS AN INSURED does not apply to "bodily injury" to a "temporary worker" caused by a co -"employee" who is not a "temporary worker". B. Subparagraph 2.a.(2) under SECTION II — WHO IS AN INSURED does not apply to "property damage" to the property of a "temporary worker" or "volunteer worker" caused by a co -"employee" who is not a "temporary worker" or "volunteer worker". C. Subparagraph 2.a.(1)(d) under SECTION II —WHO IS AN INSURED does not apply to "bodily injury" caused by cardio-pulmonary resuscitation or first aid services administered by a co -"employee". With respect to this provision only, Subparagraph (1) of Exclusion 2. e. Employer's Liability under SECTION 1 — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not apply. Newly Formed Or Acquired Organizations A. Subparagraph 3.a. under SECTION II — WHO IS AN INSURED is deleted in its entirety and replaced with the following: Copyright, 2023 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. However, COVERAGE A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. B. The following paragraph is added to SECTION II — WHO IS AN INSURED, Paragraph 3: If you are engaged in the business of construction of dwellings three stories or less in height, or other buildings three stories or less in height and less than 25,000 square feet in area, you will also be an insured with respect to "your work" only, for the period of time described above, for your liability arising out of the conduct of any partnership or joint venture of which you are or were a member, even if that partnership or joint venture is not shown as a Named Insured. However, this provision only applies if you maintain or maintained an interest of at least fifty percent in that partnership or joint venture for the period of that partnership or joint venture. This provision does not apply to any partnership or joint venture that has been dissolved or otherwise ceased to function for more than thirty-six months. With respect to the insurance provided by this provision, Newly Formed or Acquired Organizations, the following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY, Paragraph 4. Other Insurance, Subparagraph b. Excess Insurance: The insurance provided by this provision, Newly Formed or Acquired Organizations, is excess over any other insurance available to the insured, whether primary, excess, contingent or on any other basis. (All other provisions of this section remain unchanged) Blanket Additional Insureds — As Required By Contract A. Subject to the Primary and Non -Contributory provision set forth in this endorsement, SECTION 11 — WHO IS AN INSURED is amended to include as an additional insured: Owners, Lessees or Contractors/Architects, Engineers and Surveyors a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in a written contract, written agreement or written permit that such person or organization be added as an additional insured on you• ^ �l ­­1 1; tiK;H • policy; and Visit . u"won I � RenerrEo6APe By: ® Risk Management Spedalist or Is IL`I•Yr1:i�X-ZK�I31 b. Any other person or organization, including any architects, engineers or surveyors not engaged by you, whom you are required to add as an additional insured under your policy in the contract or agreement in Paragraph a. above: Such 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: (1) Your acts or omissions; or (2) The acts of omissions of those acting on your behalf; in the performance of your ongoing operations performed for the additional insured in Paragraph a., above. However, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services by or for you, 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. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. A person or organization's status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph a. above are completed. 2. Other Additional Insureds Any of the following persons or organizations with whom you have agreed in a written contract, written agreement or written permit that such persons or organizations be added as an additional insured on your commercial general liability policy: a. Lessors of Leased Equipment Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. b. Managers or Lessors of Premises Any person or organization from whom you lease premises, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by you or those acting on your behalf in connection with the ownership, maintenance or use of that part of the premises leased to you. This insurance does not apply to any "occurrence" which takes place after you cease to be a tenant of that premises. c. Mortgagees, Assignees or Receivers Any person or organization with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance or use of your premises. This insurance does not apply to any "occurrence" which takes place after the mortgage is satisfied, or the assignment or receivership ends. d. Any Person or Organization Other Than A Joint Venture Any person or organization (other than a joint venture of which you are a member), but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts of omissions of those acting on your behalf in the performance of your ongoing operations or in connection with property owned by you. e. State or Governmental Agency or Political Subdivision — Permits or Authorizations Any state or governmental agency or subdivision or political subdivision, but only with respect to: (1) Operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization; or Copyright, 2023 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. INSURED'S COPY Risk Mwngemot£oivisian °, REVIEWED& APPRQ BY: A+.gca Auk Risk Management Specialist (2) The following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways; manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; (b) The construction, erection or removal of elevators; or (c) The ownership, maintenance or use of any elevators covered by this insurance. This insurance does not apply to: i. "Bodily injury" or "property damage" arising out of operations performed for the federal government, state or municipality; or ii. "Bodily injury" or "property damage" included within the "products -completed operations hazard". With respect to Paragraphs 2.b. through 2.d., this insurance does not apply to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. B. The insurance coverage afforded to the additional insureds in this coverage extension: t. Does not apply unless the written contract or written agreement has been signed by the Named Insured or written permit issued prior to the "bodily injury" or "property damage" or "personal and advertising injury" 2. Only applies to the extent permitted by law; and 3. Will not be broader than that which you are required by the written contract, written agreement, or written permit to provide to such additional insured. Broad Form Vendors Coverage Subject to the Primary and Non -Contributory provision set forth in this endorsement, SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person or organization (referred to below as vendor) for whom you have agreed in a written contract or written agreement to provide coverage as an additional insured under your policy. Such person or organization is an additional insured only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. However, the insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement; however this exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the sale of the product; or If. Products which, after distribution or sale by you, have been labeled or re -labeled or used as a container, part of ingredient of any other thing or substance by or for the vendor; however this insurance does not apply to any insured person or organization, from who you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. The provisions of this coverage extension do not apply unless the written contract or written agreement has been signed by the Named Insured prior to the "bodily injury" or "property damage". „e, ` RieleM�agem�tDiuhlan Copyright, 2023 Selective Insurance Company of America. All rights reserved. Rukenanagement Spetla st Includes copyrighted material of Insurance Services Office, Inc., with its permission. INSURED'S COPY Incidental Malpractice Subparagraph 2.a.(1)(d) under SECTION II — WHO IS AN INSURED is deleted in its entirety and replaced with the following: (d) Arising out of his or her providing or failing to provide professional health care services. This does not apply to nurses, emergency medical technicians or paramedics if you are not in the business or occupation of providing any such professional services. This also does not apply to "bodily injury" caused by cardio-pulmonary resuscitation or first aid services administered by a co -"employee". This provision does not apply if you are a Social Service or Senior Living risk. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS — Amendments Knowledge Of Occurrence, Claim, Suit Or Loss The following is added to Paragraph 2. Duties in the Event of Occurrence, Offense, Claim or Suit under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The requirements under this paragraph do not apply until after the "occurrence" or offense is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. An "executive officer" or insurance manager, if you are a corporation; 4. Your members, managers or insurance manager, if you are a limited liability company; or 5. Your elected or appointed officials, officers, members, trustees, board members, commission members, agency members, or your administrator or your insurance manager if you are an organization other than a partnership, joint venture, or limited liability company. Primary and Non -Contributory Provision The following is added to Paragraph 4. Other Insurance, b. Excess Insurance under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is primary to and we will not seek contribution from any other insurance available to an additional insured under this policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in a written contract, written agreement or written permit that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Unintentional Failure To Disclose Hazards The following is added to Paragraph 6. Representations under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: However, if you should unintentionally fail to disclose any existing hazards in your representations to us at the inception date of the policy, or during the policy period in connection with any additional hazards, we shall not deny coverage under this Coverage Part based upon such failure to disclose hazards. Waiver Of Transfer Of Rights Of Recovery The following is added to Paragraph 8. Transfer of Rights Of Recovery Against Others To Us under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: We will waive any right of recovery against a person or organization because of payments we make under this Commercial General Liability Coverage Part. This waiver applies only if the insured has agreed in a written contract or written agreement to: 1. Waive any right of recovery against that person or organization; or 2. Assume the liability of that person or organization pursuant to a written contract or written agreement that qualifies as an "insured contract'; and 3. Include such person or organization as an additional insured on your policy. Such waiver by us applies only to that person or organization identified above, and only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. Liberalization The following condition is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If we revise this Coverage Part to provide more coverage without additional premium charge, subject to our filed company rules, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. Copyright, 2023 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. ` Rwem &APPRavm BV: - Af, Aav44 Risk Management Specialist INSURED'S COPY Two or More Coverage Parts or Policies Issued By Us (This provision is not Applicable in the state of New York or Wisconsin). The following condition is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: It is our intention that the various coverage parts or policies issued to you by us, or any company affiliated with us, do not provide any duplication or overlap of coverage. We have exercised diligence to draft our coverage parts and policies to reflect this intention. However, if the facts and circumstances that will respond to any claim or "suit" give rise to actual or claimed duplication or overlap of coverage between the various coverage parts or policies issued to you by us or any company affiliated with us, the limit of insurance under all such coverage parts or policies combined shall not exceed the highest applicable limit under this coverage, or any one of the other coverage forms or policies. This condition does not apply to any Excess or Umbrella policy issued by us specifically to apply as excess insurance over this coverage part or policy to which this coverage part is attached. SECTION V — DEFINITIONS Discrimination (This provision does not apply in New York). A. The following is added to Definition 14. "Personal and advertising injury": "Personal and advertising injury" also means "discrimination" that results in injury to the feelings or reputation of a natural person, however only if such "discrimination" or humiliation is: 1. Not done by or at the direction of: a. The insured; or b. Anyone considered an insured under SECTION II — WHO IS AN INSURED; 2. Not done intentionally to cause harm to another person. 3. Not directly or indirectly related to the employment, prospective employment or termination of employment of any person or persons by any insured. 4. Not arising out of any "advertisement" by the insured. B. The following definition is added to SECTION V — DEFINITIONS: "Discrimination" means: a. Any act or conduct that would be considered discrimination under any applicable federal, state, or local statute, ordinance or law; b. Any act or conduct that results in disparate treatment of, or has disparate impact on, a person, because of that person's race, religion, gender, sexual orientation, age, disability or physical impairment; or c. Any act or conduct characterized or interpreted as discrimination by a person based on that person's race, religion, gender, sexual orientation, age, disability or physical impairment. It does not include acts or conduct characterized or interpreted as sexual intimidation or sexual harassment, or intimidation or harassment based on a person's gender. Electronic Data The following definition is added to SECTION V — DEFINITIONS: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cell, data processing devices or any other media which are used with electronically controlled equipment. For the purpose of the Electronic Data Liability coverage provided by this endorsement, Definition 17. "Property damage" is deleted in its entirety and replaced by the following: 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For the purpose of the Electronic Data Liability coverage provided by this endorsement, "electronic data" is not tangible property. Employee Amendment Definition 5. "Employee" under SECTION V — DEFINITIONS is deleted in its entirety and replaced by the following: 5. "Employee" includes a "leased worker", or a "temporary worker". If you are a School, "Employee" also includes a student teacher. Golfing Facility The following definition is added to SECTION V — DEFINITIONS: "Golfing facility" means a i range, or miniature golf cou Copyright, 2023 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. INSURED'S COPY E�WEoiMvi�wn Risk Management Specialist Is Mental Anguish Amendment (This provision does not apply in New York). Definition 3. "Bodily injury" under SECTION V — DEFINITIONS is deleted in its entirety and replaced with the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. This includes mental anguish resulting from any bodily injury, sickness or disease sustained by a person. (In New York, mental anguish has been determined to be "bodily injury"). Not -for -profit Member The following definition is added to SECTION V — DEFINITIONS: "Not -for -profit member" means a person who is a member of a not -for -profit organization, including clubs and churches, who receives no financial or other compensation. Copyright, 2023 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. wnkt�aten�iswt REVIEWED 6 APPROVEDBY: ® Risk Management Specialist INSUREWS COPY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU COMMERCIAL GENERAL LIABILITY CIS 79 21 01 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II — WHO IS AN INSURED is amended to include as an additional insured: 1. Any person or organization for whom you are performing or have performed operations when you and such person or organization have agreed in a written contract, written agreement or written permit that such person or organization be added as an additional insured on your commercial general liability policy; and 2. Any other person or organization, including any architects, engineers or surveyors not engaged by you, whom you are required to add as an additional insured under your policy in the contract or agreement in Paragraph 1. above: Such person or organization is an additional insured only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" performed for that additional insured and included in the "products -completed operations hazard". B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of 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; or (2) Supervisory, inspection, architectural or engineering activities. This coverage shall be excess with respect to the person or organization included as an additional insured by its provisions; any other valid and collectible insurance that person or organization has shall be primary with respect to this insurance, unless this coverage is required to be primary and/or not contributory in the contract or agreement referred to above. Copyright, 2018 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Rielt Mkrugernottlxvbfan �- REVIEWED f, APPRO MBY: A-qu AaV44 ® R6k Management Specikiot INSURED'S COPY