BLUE FOLDER ITEM
Blue folder items are additional back up material to administrative reports and/or public comments received after the printing and distribution of the agenda packet for receive and file.
CITY COUNCIL MEETING
AUGUST 20, 2024
N.2. DISCUSSION AND POSSIBLE ACTION REGARDING A CONSULTING SERVICES AGREEMENT TO
DESIGN AND PERFORM NECESSARY STUDIES FOR A PUBLIC BOAT LAUNCH PROJECT ON MOLE
D IN KING HARBOR APPROVE AN AGREEMENT WITH MOFFATT & NICHOL TO DESIGN A PUBLIC BOAT LAUNCH ON MOLE D OF KING HARBOR FOR AN AMOUNT NOT-TO-EXCEED $649,648 AND THE TERM AUGUST 20, 2024 THROUGH DECEMBER 31, 2026 PROVIDE DIRECTION ON WHETHER
TO INCLUDE A REPLACEMENT BOAT HOIST AS PART OF THE PROJECT STUDIES Attachments:
• Staff powerpoint presentation
• Revised redlined contract
o Redlined Scope of Work
o Redlined Deliverables
o Updated Certificate Of Insurance to reflect increased coverage CONTACT: GREG KAPOVICH, WATERFRONT & ECONOMIC DEVELOPMENT DIRECTOR
BOAT LAUNCH CONTRACT
AWARD
AUGUST 20, 2024
DAVE CHAROBEE, SENIOR MANAGEMENT ANALYST
GREG KAPOVICH, DIRECTOR WATERFRONT & ECONOMIC DEVELOPMENT
INTRODUCTION
• CITY STAFF EVALUATED 2 CONTRACTORS FOR BOAT LAUNCH
DESIGN
• AFTER MULTIPLE DISCUSSIONS STAFF RECOMMENDS MOFFATT
& NICHOL
• ASKING FOR:
• COUNCIL APPROVAL OF CONTRACT WITH MOFFATT & NICHOL
• POSSIBLE DIRECTION/DECISION ON BOAT HOIST
BACKGROUND
• 2021-2022 – AMENITIES PLAN PROCESS RESULTS IN MOLE D SITE SELECTION
FOR BOAT LAUNCH WITH WIDE COMMUNITY SUPPORT
• OCT 2022 – COUNCIL APPROVES AMENITIES PLAN WITHOUT BOAT HOIST • OCT 2023 – RFP FOR BOAT LAUNCH DESIGN AND CONSTRUCTION OVERSIGHT
SERVICES RELEASED
• TWO BIDS RECEIVED – ANCHOR QEA AND MOFFAT & NICHOL
• BOTH BIDS CAME IN OVER BUDGET
• CITY MANAGER DECIDES TO BREAK CONTRACT INTO 2 PHASES
• PHASE 1 IS THROUGH DESIGN AND GRANT APPLICATION
• ASKED BOTH BIDDERS TO RE-BID TO PHASE 1, CONDUCTED WRITTEN AND ORAL
DISCUSSIONS WITH BOTH VENDORS
• MOFFAT AND NICHOL RECOMMENDED BASED ON BEST VALUE AND STRONG PAST
PERFORMANCE
• CONDUCT NECESSARY STUDIES INCLUDING PARKING, TRAFFIC/CIRCULATION, ENVIRONMENTAL STUDIES, BOAT LAUNCH DEMAND, ETC.
• DEVELOP CONCEPTS THAT ARE ALIGNED WITH THE GOALS OF THE PUBLIC AMENITIES PLAN AND THE
COMPLETED STUDIES
• CEQA ANALYSIS TO DETERMINE IF A MITIGATED NEGATIVE DECLARATION (MND) OR AN ENVIRONMENTAL
IMPACT REPORT (EIR) IS REQUIRED
• ENTITLEMENT AND CEQA DOCUMENT APPROVALS FROM THE HARBOR COMMISSION • APPLICATION TO DEPARTMENT OF BOATING & WATERWAYS FOR GRANT MONEY • COASTAL COMMISSION APPROVAL
• PHASE 2 - PERMITTING AND CONSTRUCTION TO BE PAID FOR BY GRANT MONEY FROM DEPARTMENT OF
BOATING AND WATERWAYS
PHASE 1
• AUGUST 2024 – CONTRACT AWARD/PROJECT KICKOFF
• FINISH BY JULY 2025- BOAT LAUNCH RAMP STUDIES/CONCEPTUAL DESIGN • DUE FEBRUARY 2025 – DBAW GRANT APPLICATION DUE
• FINISH BY JULY 2026 – ENTITLEMENTS/PERMITTING
TIMELINE
2018 BOAT LAUNCH WORKSHOP
SUMMARY FROM 2018 BOAT LAUNCH WORKSHOP
• MOLE A
• WAVE OVERTOPPING
• DISPLACEMENT OF KHYC
• CIRCULATION CONCERNS
• MOLE B
• MOST DANGEROUS SITING
• INSUFFICIENT PARKING
• IMPACTS TO PUBLIC SAFETY
RESPONSE
• PARKING AND ACCESS IMPACTS
TO MARINA AND LANAKILA
• MOLE C
• INSUFFICIENT PARKING
• CIRCULATION ISSUES
• PORTOFINO CONCERNS
• MOLE D
• LEAST IMPACTS
• SAFEST CIRCULATION
• HARBOR PATROL FAVORED
LOCATION - SAFETY
AMENITIES PLAN – MOLES C&D AMENITY SITING
PROPOSAL DETAILS
• SOURCE SELECTION TEAM SELECTED
MOFFATT & NICHOL
• BEST VALUE
• MUCH MORE RELEVANT PAST
PERFORMANCE (LOWER RISK)
• EXPERIENCE IN KING HARBOR
• EXPERIENCE BUILDING BOAT
LAUNCHES IN OTHER HARBORS
• EXPERIENCE SUCCESSFULLY
SECURING DBAW GRANT FUNDING
• STAFF RECOMMENDS COUNCIL
APPROVE THE CONTRACT
AGREEMENT
POTENTIAL COUNCIL DIRECTION: BOAT HOIST
BACKGROUND:
• BOAT HOIST CONCERNS INCLUDE:
• REQUIRES OPERATOR AND PAYMENT
• LIMITED HOURS
• HOIST REQUIRES MAINTENANCE
• COASTAL COMMISSION HAS MANDATED A BOAT LAUNCH
• SOME BOATERS HAVE EXPRESSED DESIRE TO MAINTAIN A BOAT HOIST
• CITE EASIER ACCESS FOR THOSE WHO ARE LESS ABLE
• ORIGINAL COUNCIL DIRECTION WAS TO REMOVE HOIST FROM AMENITIES PLAN
• RFP REQUESTED HOIST PRICING AS AN OPTION
• ELIMINATION OF OPTION WOULD SAVE MONEY AND TIME
• KEEPING HOIST CREATES SUBSTANTIAL PARKING AND TRAFFIC FLOW ISSUES
AMENITIES PLAN – LAUNCH + HOIST CIRCULATION
• KEEPING BOAT HOIST AT CURRENT
LOCATION
• CONCURRENT CIRCULATION PATTERNS
• CONSUMES CRITICAL PARKING
• COMPLICATES USE OF SHARED FACILITIES
SUCH AS WASHDOWN AREA
• ADDING HOIST NEXT TO BOAT LAUNCH
• NEVER STUDIED IN ANY BOAT LAUNCH
DESIGN THROUGH THE YEARS
• REQUIRES SEAWALL RECONFIGURATION
• COMPLICATES LAUNCH TRAFFIC
CIRCULATION
• ESSENTIALLY A THIRD LANE ON LAUNCH
• CONSUMES CRITICAL PARKING
• WAS NOT PRICED IN PROPOSALS
• CITY WOULD BE RESPONSIBLE FOR COST
OF BOAT HOIST
Boat
Hoist
Boat
Launch
• APPROVE CONTRACT WITH MOFFAT AND NICHOL
• STAFF RECOMMENDS COUNCIL ELIMINATE BOAT HOIST OPTION TODAY • SAVES/SIMPLIFIES STUDIES, CONCEPTUAL DESIGN, TIME AND MONEY • STRONG CONCERNS WITH IMPACTS ON CIRCULATION AND PARKING • ALTERNATELY, COUNCIL CAN MAKE DECISION REGARDING THE BOAT HOIST AT A LATER
DATE WHILE THE ANALYSIS MATURES
CITY COUNCIL ACTION REQUESTED
AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND MOFFATT & NICHOL
THIS AGREEMENT FOR CONSULTING SERVICES (this "Agreement") is made between the City of Redondo Beach, a chartered municipal corporation ("City") and Moffatt & Nichol, a California corporation ("Consultant" or “Contractor”).
The parties hereby agree as follows:
1. Description of Project or Scope of Services. The project description or scope of services to be provided by Consultant, and any corresponding responsibilities of City, or services required to be performed by City are set forth in Exhibit "A
2. Schedule for Completion. Consultant shall commence and complete the project or services described in Exhibit "A" in accordance with the schedule set forth in Exhibit "B".
3. Compensation. City agrees to pay Consultant for work performed in accordance with Exhibit "C".
4. Insurance. Consultant shall adhere to the insurance requirements outlined in Exhibit “D”, unless otherwise waived by the City’s Risk Manager.
5. California Labor Law Requirements. To the extent applicable, Consultant agrees to comply with all applicable California Labor Law Requirements as forth in Exhibit "E".
* * * * *
GENERAL PROVISIONS
1. Independent Contractor. Consultant acknowledges, represents and warrants that Consultant is not a regular or temporary employee, officer, agent, joint venturer or partner of the City, but rather an independent contractor. This Agreement shall not be construed as a contract of employment. Consultant shall have no rights to any benefits which accrue to City employees unless otherwise expressly provided in this Agreement. Due to the independent contractor relationship created by this Agreement, the City shall not withhold state or federal income taxes, the reporting of which shall be Consultant's sole responsibility.
2. Brokers. Consultant acknowledges, represents and warrants that Consultant has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement.
3. City Property. All plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Agreement shall upon request be delivered to the City within a reasonable time, and the rights thereto shall be deemed assigned to the City. If applicable, Consultant shall prepare check prints upon request. Said plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials, shall be specific for the project herein and shall not be used by the City for any other project without Consultant's consent, and Consultant shall not be held liable for any modification or re-use by City without such consent. Notwithstanding the foregoing, Consultant shall not be obligated to assign any proprietary software or data developed by or at the direction of Consultant for Consultant's own use; provided,however, that Consultant shall, pursuant to Paragraph 14 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of any such proprietary software or data.
4. Inspection. If the services set forth in Exhibit "A" shall be performed on City or other public property, the City shall have the right to inspect such work without notice. If such services shall not be performed on City or other public property, the City shall have the right to inspect such work upon reasonable notice.
Inspections by the City shall not relieve or minimize the responsibility of Consultant to conduct any inspections Consultant has agreed to perform pursuant to the terms of this Agreement. Consultant shall be solely liable for said inspections performed by Consultant. Consultant shall certify in writing to the City as to the completeness and accuracy of each inspection required to be conducted by Consultant hereunder.
5. Services. The project or services set forth in Exhibit "A" shall be performed to the full satisfaction and approval of the City. In the event that the project or services set forth in Exhibit "A" are itemized by price in Exhibit "C", the City in its sole discretion may, upon notice to Consultant, delete certain items or services set forth in Exhibit "A", in which case there shall be a corresponding reduction in the amount of compensation paid to Consultant. City shall furnish Consultant to the extent available, with any City standards, details, specifications and regulations applicable to the Project and necessary for the performance of Consultant's services hereunder. Notwithstanding the foregoing, any and all additional data necessary for design shall be the responsibility of Consultant.
6. Records. Consultant, including any of its subcontractors shall maintain full and complete documents and records, including accounting records, employee time sheets, work papers, and correspondence pertaining to the project or services set forth in Exhibit "A". Consultant, including any of its subcontractors shall make such documents and records available for City review or audit upon request and reasonable notice, and shall keep such documents and records, for at least four (4) years after Consultant's completion of performance of this Agreement. Upon reasonable request, copies of all pertinent reports and correspondence shall be furnished to the Cityfor its files in addition to any deliverables set out in Exhibit A yet undelivered.
7. Changes and Extra Work. All changes and/or extra work under this Agreement shall be performed and paid for in accordance with the following:
Only the City Council, City Manager, or the Department Head responsible for the administration of, or supervision of the scope of work under, this Agreement may authorize extra and/or changed work. Any such change shall only be valid if documented in writing and signed by both parties along with a signed agreement on the associated changes in cost. Consultant expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Consultant to secure the written authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Consultant thereafter shall be entitled to no compensation whatsoever for performance of such work.
If Consultant is of the opinion that any work which Consultant has been directed to perform is beyond the scope of this Agreement and constitutes extra work, Consultant shall promptly notify the City of the fact in writing. The City shall make a reasonable determination as to whether or not such work is, in fact, beyond the scope of thisAgreement and constitutes extra work. In the event that the City determines thatsuch work does constitute extra work, City shall provide extra compensation to Consultant on a fair and equitable basis. A written amendment providing for such compensation for extra work shall be executed by Consultant and the City.
8. Additional Assistance. If this Agreement requires Consultant to prepare plans and specifications, Consultant shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Consultant shall issue any necessary addenda to the plans and specifications as requested. In the event Consultant is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of this Agreement.
9. Professional Ability. Consultant acknowledges represents and warrants that Consultant is skilled and able to competently provide the services hereunder, and possesses all professional licenses, certifications, and approvals necessary to engage in its occupation. City has relied upon the professional ability and training of Consultant as a material inducement to enter into this Agreement. The performance by Consultant under this Agreement shall be in accordance with generally accepted professional practices and standards of Consultant's profession.
10. Business License. Consultant shall obtain a Redondo Beach Business License before performing any services required under this Agreement. The failure to so obtain such license shall be a material breach of this Agreement and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual circumstances without necessitating any modification of this Agreement to reflect such waiver.
11. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Agreement at any time prior to completion by Consultant of the project or services hereunder, immediately upon written notice to Consultant. In the event of any such termination, Consultant shall be compensated for: (1) all authorized work satisfactorily performed in accordance with the standard of care prior to the effective date of termination; and (2) necessary materials or services of others ordered by Consultant for this Agreement, prior to Consultant’s receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, and further provided that Consultant is not able to cancel such orders.
Compensationfor Consultant in such event shall be determined by the City in accordance with the percentage of the project or services completed by Consultant; and all of Consultant's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to the City. In conjunction with any termination of this Agreement, the City may, at its own expense, make copies or extract information from any notes, sketches, computations, drawings, and specifications or other data, whether complete or not.
12. Termination in the Event of Default. Should Consultant fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the City may immediately terminate this Agreement by giving written notice of such termination, stating the reasons for such termination. City may allow the opportunity for the Consultant to cure any alleged breach during a 7-day period after written notice has been provided.
Consultant shall be compensated as provided immediately above, provided, however, there shall be deducted from such amount the number of damages if any, sustained by the City by virtue of Consultant's breach of this Agreement.
13. Conflict of Interest. Consultant acknowledges, represents and warrants that Consultant shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Agreement. Consultant further acknowledges, represents and warrants that Consultant has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. Consultant acknowledges that in the event that Consultant shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Agreement, all consideration received under this Agreement shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Agreement for one (1) year.
14. Indemnity Design Professional Services. In connection with its design professional services and to the maximum extent permitted by law, Consultant shall hold harmless and indemnify City, and its officials, officers, employees, agents, and designated volunteers (collectively, “Indemnitees”), with respect to any and all claims, demands, causes of action, damages, injuries, liabilities, losses, costs or expenses, including reimbursement of attorneys’ fees and costs of defense, which arise out of, pertain to, or relate to in whole or in part to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, subcontractors, or agents in the performance of its design professional services under this Agreement.
a. Other Indemnities. In connection with any and all claims, demands, causes of action, damages, injuries, liabilities, losses, costs or expenses, including attorneys’ fees and costs of defense (collectively, “Damages” hereinafter) not covered by the foregoing paragraph, and to the maximum extent permitted bylaw, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Damages, which arise out of, pertain to, or relate to the acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the City. Consultant shall defend Indemnitees in any action or actions filed inconnection with any such Damages.
Notwithstanding the foregoing, nothing in this Section 14 shall be construed to encompass Indemnitees’ active negligence to the limited extent that this Agreement is subject to Civil Code Section 2782(b). Consultant’s obligation to indemnify shall not be restricted toinsurance proceeds, if any, received by Consultant or Indemnitees. This indemnification obligation shall survive this Agreement and shall not be limited by any term of any insurance policy required under this Agreement. b. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Consultant because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
c. Waiver of Right of Subrogation. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees.
15. Insurance. Consultant shall comply with the requirements set forth in Exhibit "D." Insurance requirements that are waived by the City's Risk Manager do not require amendments or revisions to this Agreement.
16. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Agreement.
17. Compliance with Laws. Consultant shall comply with all applicable federal, state and locallaws, statutes, ordinances, rules and regulations, and the orders and decrees ofany courts or administrative bodies or tribunals, with respect to this Agreement, including without limitation all environmental laws, employment laws, and non- discrimination laws.
a. Acknowledgement. Consultant acknowledges that eight (8) hours labor constitutes a legal day’s work. To the extent applicable to the Services, Consultant shall comply with and be bound by Labor Code Section 1810.
Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours.
Consultant shall, as a penalty to the City, forfeit twenty- five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of 8 hours per day, and 40 hours during any oneweek shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rateof pay. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Labor Code Sections 1810, 1813 and 1815, and Consultant shall include in the written contract between it and each subcontractor copies of Labor Code Sections 1810, 1813 and 1815 and a requirement that each subcontractor shall comply with these aforementioned sections. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of thesubcontractor and upon becoming aware of the failure of the subcontractor comply with Labor Code Sections 1810, 1813 and 1815, Consultant shall diligently take corrective action to halt or rectify the failure.
b. Prevailing Wages. In the event that any part of this project, or the project as a whole, is a public work to which prevailing wages apply, Consultant shall comply with the Agreement to Comply with California Labor Law Requirements set forth in Exhibit “E”, which is attached hereto and incorporated by reference.
18. Non-Discrimination. Consultant shall comply with all applicable federal, state, and local laws, ordinances, regulations, and codes prohibiting discrimination, including but not limited to the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and the California Fair Employment and Housing Act. Consultant shall not discriminate against any employee or applicant for employment on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Consultant shall ensure that the evaluation and treatment of its employees and applicants for employment are free from such discrimination and harassment. Consultant shall include a similar non-discrimination provision in all subcontracts related to the performance of this Agreement.
19. Limitations upon Subcontracting and Assignment. Consultant acknowledges that the services which Consultant shall provide under this Agreement are unique, personal services which, except as otherwise provided herein, Consultant shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion. In the event that the City, in writing, approves any assignment or subletting of this Agreement or the retention of subcontractors by Consultant, Consultant shall provide to the City upon request copies of each and every subcontract prior tothe execution thereof by Consultant and subcontractor. Any attempt by Consultant to assign any or all of its rights under this Agreement without first obtaining the City's prior written consent shall constitute a material default under this Agreement.
The sale, assignment, transfer or other disposition, on a cumulative basis, of twenty-five percent (25%) or more of the ownership interest in Consultant or twenty-five percent (25%) or more the voting control of Consultant (whether Consultant is a corporation, limited liability company, partnership, joint venture or otherwise) shall constitute an assignment for purposes of this Agreement.
Further, the involvement of Consultant or its assets in any transaction or series of transactions (by way of merger, sale, acquisition, financing, transfer, leveraged buyout or otherwise), whether or not a formal assignment or hypothecation of this Agreement or Consultant’s assets occurs, which reduces Consultant’s assets or net worth by twenty-five percent (25%) or more shall also constitute an assignment for purposes of this Agreement.
20. Subcontractors. Consultant shall provide properly skilled professional and technical personnel to perform any approved subcontracting duties. Consultant shall not engage the services of any person or persons now employed by the City without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion.
21. Integration. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Consultant and City may be used to assist in the interpretation of the exhibits to this Agreement.
22. Amendment. This Agreement may be amended or modified only by a subsequent written amendment executed by both parties.
23. Conflicting Provisions. In the event of a conflict between the terms and conditions of this Agreement and those of any exhibit or attachment hereto, this Agreement proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by the City shall prevail over those prepared by Consultant.
24. Non-Exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Consultant hereunder shall be non-exclusive, and City reserves the right to employ other contractors in connection with the project.
25. Exhibits. All exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit "A" which does not pertain to the project description, proposal, or scope of services (as applicable) to be provided by Consultant, or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Agreement.
26. Time of Essence. Time is of the essence of this Agreement,
27. Confidentiality. To the extent permissible under law, Consultant shall keep confidential its obligations hereunder and the information acquired during the performance of the project or services hereunder.
28. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Agreement shall not be considered "third parties."
29. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Venue for any litigation or other action arising hereunder shall reside exclusively in the Superior Court of the County of Los Angeles, SouthwestJudicial District.
30. Attorneys’ Fees. In the event either party to this Agreement brings any action to enforce or interpret this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys’ fees (including expert witness fees) and costs.
This provision shall survive the termination of this Agreement.
31. Claims. Any claim by Consultant against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six (6) months after accrual of the cause of action.
32. Interpretation. Consultant acknowledges that it has had ample opportunity to seek legal advice with respect to the negotiation of this Agreement. This Agreement shall be interpreted as if drafted by both parties.
33. Warranty. In the event that any product shall be provided to the City as part of this Agreement, Consultant warrants as follows: Consultant possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets all specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s).
Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of thirty (30) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Consultant, at Consultant's expense, including shipping. Consultant shall not be liable under this warranty for an amount greater than the amount set forth in Exhibit "C" hereto.
34. Severance. Any provision of this Agreement that is found invalid or unenforceable shall be deemed severed, and all remaining provisions of this Agreement shall remain enforceable to the fullest extent permitted by law.
35. Authority. City warrants and represents that upon City Council approval, the Mayor of the City of Redondo Beach is duly authorized to enter into and execute this Agreement on behalf of City. The party signing on behalf of Consultant warrants and represents that he or she is duly authorized to enter into and execute this Agreement on behalf of Consultant, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Agreement on behalf of Consultant.
36. Waiver. The waiver by the City of any breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach.
IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of this 20th day of August, 2024.
CITY OF REDONDO BEACH, MOFFATT & NICHOL,
a chartered municipal corporation a California corporation By:
James A. Light, Mayor Name: Omar Jaradat
Title: Vice President
ATTEST: APPROVED:
_____________________________ ______________________________ Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AT FORM:
_____________________________
Michael W. Webb, City Attorney
EXHIBIT "A"
PROJECT DESCRIPTION AND SCOPE OF SERVICES
I. PROJECT DESCRIPTION
Consultant has been retained to design a Public Boat Launch at Mole D in King Harbor. The design will build upon the approved Public Amenities Plan, which identifies design options for a Public Boat Launch based on community outreach.
The Consultant shall perform the necessary studies, confer with a subcommittee of the Harbor Commission, perform public outreach, appear before the t Harbor Commission, and review minimum requirements outlined by the municipal code, Measure G, Measure C, Coastal Commission, etc., before preparing the design options for the Public Boat Launch. Each design option shall be based off studies of parking, traffic/circulation, and boat launch demand. It should also include a final design for the Waterfront Promenade, which is primarily a north/south pedestrian walkway connecting Moles B, C, and D, as identified in the King Harbor Public Amenities Plan.
The Consultant shall appear before City Council to identify a preferred design.
Once the City Council identifies a preferred design, the Consultant shall perform the environmental analysis and CEQA analysis to determine if a mitigated negative declaration or an Environmental Impact Report is required before seeking entitlements from the Harbor Commission. Upon approval from the Harbor Commission, the Consultant shall obtain necessary approval from the Coastal Commission. Consultant shall also provide assistance to the City in seeking grant funding from the Department of Boating & Waterways to cover the costs of the necessary permits and construction of the Public Boat Launch.
Timelines associated with the tasks outlined below can be found in Exhibit B.
This Agreement only covers services necessary for completing Phase 1 Preliminary Design and Entitlements for the new Public Boat Launch at Mole D.
The scope of services and fee for Phase 2 Final Design and Support During Construction for the new Public Boat Launch at Mole D shall be evidenced by an amendment to this Agreement executed by both parties and approved by the City Council.
II. CONSULTANT’S DUTIES
CONSULTANT SHALL PERFORM THE FOLLOWING:
Task A: Existing Conditions Analysis
Task A.1: Project Kick-Off
Consultant shall gather the information necessary to meet its contract obligations and establish project goals with the City of Redondo Beach. Consultant shall attend a project kick-off meeting to establish lines of communication, goals, define expectations, and finalize the proposed project schedule.
Task A.2: Existing Conditions Analysis
Consultant and team shall perform a site survey, document existing conditions, and take photos to provide an understanding of the project context or characteristics that may represent unique segments, significant features, or any other factors that may impact final designs. As part of this task the Consultant shall provide a:
• Visual inspection of the site
• Review of existing planning documents, conceptual plans of Public Boat Launch, technical studies, and relevant materials including the General Plan, King Harbor Public Amenities Plan, Local Coastal Plan, Measure C & G, Municipal Code, etc.
Meetings
• Kick-Off Meeting – One (1)
Task B: Harbor Commission Subcommittee
The Consultant shall engage with the Harbor Commission Subcommittee (established by the Harbor Commission). Consultant shall formally meet with the subcommittee on up to 3 occasions. Consultant shall meet with the subcommittee prior to facilitating public outreach. Consultant shall meet with the subcommittee to receive comments and feedback on the design options, community input received, and plan progress.
Meetings
• Subcommittee Meetings – Three (3)
Task C: Community Participation Plan
Consultant shall actively lead/participate in community outreach meetings in order to obtain local and regional input that will contribute to the final design of Public Boat Launch, including working with the Department of Boating and Waterways & Coastal Commission.
Throughout this task, Consultant shall coordinate with City staff and the subcommittee prior to each meeting to determine roles and approach, as well as determine objectives and next steps. This includes applying for grant money for the future construction of the Public Boat Launch.
Meetings
• Community Meetings: One (1)
• Submit Grant Application(s)
Task D: Conduct Technical Studies & Conceptual Designs
Perform all relevant studies for the building a Public Boat Launch, including traffic analysis, demand study, parking & circulation study, CEQA analysis, Environmental Assessment, Geotechnical Study, Initial Study, etc. A Mitigated Negative Declaration or an EIR shall be done if circumstances require it. Once City Council has provided direction on a preferred design option, the Consultant shall prepare necessary CEQA documents, inclusive of technical studies such as air quality, biological resources, cultural resources, Native American consultation, greenhouse gas emissions, water quality, etc. The Consultant shall prepare an Initial Study based on the results of necessary technical studies to determine if the project requires a Negative Declaration, Mitigated Negative Declaration, Environmental Impact Report, or qualifies for an exemption. The Consultant shall then prepare the identified environmental document. Consultant shall also obtain any necessary approvals fromthe Coastal Commission.
Deliverables
• Initial Study
• Technical Studies
• Negative Declaration or Mitigated Negative Declaration or EIR Task E: Entitlements & Public Hearings
Upon completion of design options for a Public Boat Launch, the Consultant shall attend a series of public hearings to present the final design concepts for the project. Consultant shall first appear before the Harbor Commission to review each of the final design options and obtain feedback regarding which option is preferred. The Consultant shall then appear before the City Council to review each option, report the preferred option identified by the Harbor Commission and Coastal Commission to obtain the necessary entitlements. Consultant will review anticipated costs, and obtain final direction from City Council on a preferred design option. Throughout the publichearing process, the Council, Commission, and general public may present comments or feedback to City staff and the Consultant. Consultant shall prepare presentations for each public hearing.
Deliverables
• Conceptual designs
• Presentations
• Entitlements
Meetings
• Public Hearings: Two (2)
ATTACHMENTS:
The following three Attachments are incorporated herein and part of this Agreement. In the event of a conflict between the terms and conditions of this Agreement and those of any exhibit or attachment hereto, this Agreement proper shall prevail. In the event of a conflict between the terms andconditions of any two or more exhibits or attachments hereto, those prepared bythe City shall prevail over those prepared by Consultant. 1) Revised_RFP#2324-003 M&N including Scope of Work (SOW) &Binding proposed innovations and SOW exceedances; and
2) Contract Deliverables (CDRL) Chart.
EXHIBIT A – ATTACHMENT 1
SCOPE OF SERVICES APPROACH & WORK PLAN - DETAILED
TASK 1 – SITE INVESTIGATION AND EXISTING DOCUMENT REVIEW
DATA COLLECTION & REVIEW
M&N key project staff, including the Project Manager and Task Leads, will attend one kick-off meeting and engage with City staff on any subject of discussion to proceed with the scope of services tasks. M&N will request additional documentation needed and address site access constraint concerns if any are present. M&N will review existing documentation including reports, recorded drawings, surveys, and other pertinent information. The team will also conduct a site visit to familiarize themselves with the conditions and identify site constraints. • Coordinate with City staff to request and collect existing data. Gather and review data for the existing Mole D project site and utility infrastructure and site constraints, as well as other relevant information from City archives. This data includes plans and specifications, existing site survey data and utility mapping, and previous studies and planning documents (Public Amenities Plan, Sea Level Rise Studies, Samba’s Restaurant Building Historical Determinations).
M&N will also identify data gaps and develop a list of additional information and studies required for Phase 2 final design.
• It is understood there are several nearby ongoing projects including Seaside Lagoon Restoration and Public Promenade Improvements. M&N will coordinate with City staff to identify critical components that may affect the launch ramp project and streamline designs to accommodate where necessary. • Perform a site visit to verify the existing Mole D facilities layout, observe existing site constraints, and confirm available data provided by City staff during data collection phase. Any damage to the existing facilities, especially those proposed to be reused, will be noted and recommendations for improvement alternatives summarized in field notes and submitted to City for consideration.
o Assume up to one (1) in-person site visit with two (2) staff attending to observe site constraints and review preliminary designs.
SITE INVESTIGATIONS
Following initial data collection and review efforts, additional investigations and studies will be performed to identify other relevant data needed in developing a basis for the proposed launch ramp improvements. Phase 1 efforts will be streamlined to only include studies necessary for preliminary design and entitlements. Site investigations necessary for Phase 2 final design are anticipated to be provided separate from this proposal. Additional site investigations include the following efforts:
Coastal Conditions Characterization
It is assumed that high level estimates will be made to develop metocean design criteria (Tides, Wind, Wave, Current, etc.).
This component is critical in understanding the wave and surge environment to allow safe operation of the proposed boat launch facilities. M&N will provide a synthesis of design criteria and environmental conditions within the Project site. M&N will rely on publicly available environmental data or as provided by City to evaluate local water levels, wind speeds, and wave data to derive design criteria for the site. Wave instrumentation is proposed as a first step towards calibration of models to derive wave heights for certain return periods that will be used in analyses of conditions at the launch ramp and help in determining any wave attenuation structures or devices needed. The site-specific environmental evaluation will consider the following:
• Wave Instrumentation
o Develop wave instrumentation plan and deploy wave instruments to collect real-time environmental data in the vicinity of the proposed waterside facility improvements. Coastal data that will be collected include tides/water levels, passing vessel boat-wakes, short-period wind driven waves, and long-period swell waves approaching the project site. Analysis will be performed to extract data for processing and graphing of coastal conditions at the site. Wave heights derived from this analysis will be used to calibrate future coastal models, analyze launch ramp operations, and verify breakwater or attenuator configurations. Site investigations include the following assumptions:
▪ Provide up to four (4) days at the site to deploy and retrieve (approximately every 1-2 months) wave instruments to download data. Assume two (2) staff per site visit and a total of three (3) wave instruments.
▪ Once data has been downloaded from instrumentation, M&N will process and organize data of maximum waves approaching the project site into graphs. ▪ Crew mobilization/demobilization from our dive locker located in Long Beach, CA. Includes equipment preparation, travel expenses, and initial setup. ▪ Crew will launch wave gauge deployment operations either from existing floating docks or a small work boat provided by M&N crew for use during investigations. • Local Wind Characteristics
o The wind data will be collected from nearby wind stations such as airports and wind stations nearby. This data will be analyzed to determine extreme wind conditions (with certain return periods), operational conditions (with certain exceedance levels), and probabilities between wind speed and direction. • Site-specific Wave Conditions
o Wave conditions at the site will be studied with Spectral Wave (SW) and Boussinesq Wave (BW) models.
The SW model (Mike21 SW model or equivalent) will be driven by the wind force to simulate the shortperiod, wind-generated wave conditions at the site. The BW (Mike21 BW model or equivalent) model can predict wave height, period, and directional spectrum by including the effects of wave diffraction, refraction, shoaling, and breaking processes.
o A study of wave event return periods will be provided to aid the City in understanding any potential limits to operations. This proposal assumes wave attenuation or breakwater improvements are not included or required to allow launch ramp operation, or that operational limitations are acceptable during certain wave events. However, suggestions can be provided if it is determined these improvements may be necessary. • Future Sea Level Rise
o The City’s existing sea level rise analysis will be reviewed and compared with the latest State guidance on sea level rise projections, to inform the launch ramp design, including potential launch ramp design adaptation measures to accommodate future sea level rise over time. This information will also be used for the development of the coastal hazards analysis required for CCC permitting (Task 5).
TASK 1 DELIVERABLES:
• Coastal Criteria Memorandum (Draft and Final)
TASK 2 – CONCEPTUAL DESIGN & BOAT LAUNCH RAMP STUDIES
The M&N team will work with the City to develop alternative layouts for the launch ramp and support facilities improvements to best accommodate future uses, while minimizing capital improvement investment. This task is to prepare conceptual designs and studies necessary to support Community Engagement and assist the team at determining the preferred development concept. M&N will also assist the City in determining the preferred concept through taking feedback from Community Engagement, City staff guidance, and boat launch ramp planning and demand studies to incorporate into a cohesive design.
PREPARE CONCEPTUAL DESIGN ALTERNATIVES
M&N will develop conceptual design alternatives and assist the City in selecting a preferred design alternative. Designs shall be based on existing site constraints, public access requirements, and with the goal of informing the entitlement, permitting, and Phase 2 final design process. Designs shall be based on existing site constraints, public access requirements, comments from community engagement (Task 3), and with the goal of informing the environmental document (Task 4) and permitting (Task 5) requirements. The conceptual design phase is anticipated to include:
• Prepare a conceptual layout plan for the launch ramp facility construction. Provide typical plan view schematics of structure improvements. Revise conceptual layouts based on stakeholder meetings and input under Task 3. Include planning efforts to determine launch ramp dimensions, environmental and operational considerations, and range of investment, maintenance costs, and permit requirements associated with the several types of launch ramp construction techniques (e.g., cofferdam, cast-in-place, and pre-cast). Proposal assumes final engineering design documents are not included in scope of services, and assumed to be provided under Phase 2 as part of a separate proposal.
• Prepare conceptual layout plans for landside project components including boat wash down area, parking lot layout, restroom buildings, landscape areas, and public promenade transitions. Align conceptual layouts with goals of Public Amenities Plan.
• Evaluate potential for reuse of existing harbor boat launch cranes in combination with boat launch ramp. Determine feasibility level repairs needed, ongoing maintenance costs, and assist City in determining preferred option to repair and reuse vs demolish.
• Prepare conceptual level calculations for proposed concepts to determine general order-of-magnitude size and quantity of members.
• Provide preliminary investigations for utility systems to locate and summarize general requirements for and to assess the impact on existing utility infrastructure.
• Evaluate site access to provide pedestrian ADA access from landside facilities. • Proposal assumes site topographic and bathymetric surveys are not included in scope of services, and assumed to be provided under Phase 2 as part of a separate proposal.
The following sheets are anticipated as part of the submittal:
• Plan View – Existing Conditions. (1-sheet)
o Will include coordinate reference data, site boundaries, harbor bottom elevations (if available), limits of work areas.
o Prepare base map of project site using existing available site boundaries, surveys, bathymetry, and site topography.
• Plan View – Proposed Layout Alternatives and Typical Cross Sections. (4-sheets) o Will show plan dimensions of proposed structures, locations of relocated and/or modified structures, location of landside “meet-me” points, and clearances between existing structures to remain in place. o Provide recommendations to modify and/or demolish existing waterfront infrastructure to best incorporate as part of the future development plan.
o Provide launch ramp planning to evaluate general launch lane dimensions and configurations to accommodate demand and site geometry, available City and industry accepted design codes for layouts, and necessary vessel navigational clearances. Assume up to three alternatives considered. o Provide general order-of-magnitude square footage areas for dedicated landside uses including parking, buildings, and landscaped areas.
o Include typical cross sections indicating proposed elevations, structural material types, and typical framing elements and connections.
PREPARE PARKING AND TRAFFIC CIRCULATION STUDY
An access, circulation and parking evaluation will be conducted by M&N’s parking and traffic and circulation subconsultant STC for the alternative design plans associated with the new boat launch ramp. The evaluation will be summarized in a report with recommendations to optimize the design. As indicated in the project request for proposal the public boat hoist will be considered in the evaluation. The following scope of work includes Parking Demand Study and Circulation and Access Study based on the information provided in the project request for proposal.
Parking Demand Study
The Parking Demand Study will be prepared to ensure the boat launch ramp and surrounding uses have an adequate parking supply and to determine the appropriate number of launch lanes to serve the demand. The study will include the following tasks:
Parking Survey and Data Collection: Parking survey and data collection will be conducted at the Redondo Beach Marina parking lot, which includes the project study area and the parking lot to the north. The parking survey will be conducted on the busiest day of the week (Saturday and/or Sunday) between 8:00 AM and 11:00 PM. The following data will be collected:
• Parking Lot Inventory - the number of parking spaces including accessible and designated parking spaces, and parking regulations including signs and pavement markings will be collected. • Parking Occupancy Survey – the parking occupancy for each space will be recorded in 10-minute intervals over the survey period.
• Driveway Counts – the number and classification of vehicles entering and exiting the parking lot will be collected at the project driveways.
Parking Assessment: Based on the data collected, the parking demand for each existing land use and other activities will be determined. Parking demand for the existing land uses will be calculated using the Institute of Transportation Engineers (ITE) Parking Generation Manual. The number of parking spaces required for the proposed boat launch facility will be calculated based on the “Layout and Design Guidelines for Boat Launching Facilities” published by the California State Parks Division of Boating and Waterways.
The proposed design concepts will be assessed for parking compliance. Based on the results of the assessment, recommendations to provide an optimum number of parking spaces will be made including parking lot layout reconfiguration to balance the land use demand and compliance requirements.
Access and Traffic Circulation Study
An Access and Traffic Circulation Study will be prepared to ensure the boat launch and associated queuing/turn-around areas do not cause on-site or off-site circulation issues and identifies appropriate points of entry from surrounding rights-ofway. The study will include the following tasks:
• Turning templates will be analyzed to assess the adequacy of the site driveways to accommodate vehicle maneuvering with a trailer.
• If a new driveway is proposed, a sight distance analysis will be prepared in accordance with the California Highway Design Manual (HDM).
• The need for turn-lanes and associated designations will be analyzed at the project driveways. • The location of the project driveways will be evaluated to determine any adverse effect on adjacent intersections as well as on-site and off-site roadway circulation.
• The proposed site layout will be evaluated to determine if adequate aisle space is available to accommodate queuing at the driveway, without disrupting internal circulation. • The proposed site plan will be evaluated for pedestrian connectivity and pedestrian and vehicle conflict areas. • Recommendations for appropriate treatments at vehicle and pedestrian conflict areas will be made for optimum site circulation.
Level of Service Analysis
Level of service will be studied for the intersections and driveways on Harbor Drive from Herondo Street to N Pacific Avenue.
These include:
• Harbor Drive/Hermosa Avenue and Herondo Street (Signalized). • Harbor Drive and Yacht Club Way (Signalized).
• Harbor Drive and Marina Way (Signalized).
• Harbor Drive and Beryl Street/ Portofino Way (Signalized). • Harbor Drive and Project Driveway (Stop-controlled).
• Harbor Drive and N Pacific Avenue (Stop-controlled).
• Harbor Drive and 5 access driveways (Stop-controlled).
The intersections will be analyzed for the following conditions:
• Existing
• Opening Year (Without Project)
• Opening Year (With Project)
Synchro analysis software will be used based on LOS methodology from the latest edition of the Highway Capacity Manual.
VMT Screening Evaluation: It is anticipated that the project will screen out of a VMT Analysis. A VMT Screening Evaluation Memorandum will be prepared based on the assumption that the project screens out of further VMT Analysis considering consistency with the City’s General Plan.
PREPARE BOAT LAUNCH DEMAND STUDY
M&N will prepare a Boat Launch Demand study which focuses on determining the recreational demand for the launch ramp to right-size the number of launch lanes provided. The demand study will be performed in conformance with the recommendations in the BDW “Boat Launch Facilities” Grant Program requirements and industry standard practice. The analysis will consider:
• Provide assessment of local population, number of registered boaters, and vicinity of other nearby launch ramps to estimate quantity of vessels that may call on the launch ramp for launch and retrieval. • Collect data from City on total count of launches currently being provided by existing harbor cranes. • Industry guidelines for usage hours per day including DBW “Layout and Design Guidelines for Boat Launching Facilities” (2021) recommendations.
• Total number of launches per hour, per launch lane to estimate anticipated launches per year. • Estimate peak usage for a weekend or holiday, remaining sub-peak usage days, and estimated number of launches per hour, per launch lane to estimate anticipated total launches per year. • Consider limitation of parking to allow parking for the total estimated number of launches for demand estimating purposes.
• Estimate the number of users per boat, per launch, for the purpose of determining the expected number of boaters that potentially could use the new facility annually.
TASK 2 DELIVERABLES:
• Conceptual Layout Alternatives (Draft and Final) (Submitted in electronic format both PDF and AutoCAD) • Parking and Circulation Study (Draft and Final)
• Boat Launch Demand Study (Draft and Final)
TASK 3 – COMMUNITY ENGAGEMENT
M&N’s team for Community Engagement will be led by SWA who will work alongside the City to facilitate outreach meetings and provide support services associated with the community involvement portion of this project. SWA has extensive experience with leading public engagement through the City of Redondo Beach having led the previous Public Amenities Plan which was the conceptual planning phase which led to this very RFP. The purpose of these meetings is to obtain input from local community members, City Harbor Commission, City staff, and impacted public on the project, to focus and narrow the design, and discuss potential project impacts related to the community. SWA will act as facilitator at the meetings, and provide media notices, agendas, notes, and content. SWA staff have extensive experience in coordination of public outreach and will utilize our in-house design studio to create impactful meeting collateral and visual renderings for meetings. M&N will also support the meetings providing technical background and boater focused expertise.
CONDUCT OUTREACH MEETINGS
Conduct meetings and facilitate outreach to gain acceptance for this project, including:
• Identify key stakeholders, public agencies, and community leaders for support in determining important project objectives, including but not limited to City Engineering, City Harbor Commission, City Council, commercial entities and leaseholds within the harbor and local waterfront community group leaders. o Assumes City will be lead in scheduling all meetings with support from SWA/M&N team and/or providing lists and contact information for necessary stakeholders. • Develop meeting agenda, necessary notices, and send via email to invitees; • Provide content for City website associated with the proposed project improvements; o Assumes City will maintain any website or online resources for accessing outreach information, SWA/M&N will be responsible for providing content for posting on City’s website. • Attend meetings anticipated as follows:
o One (1) Community Workshop with Harbor Commission, City Council, and other local waterfront and community group Meeting
• Develop meeting minutes for transmittal to design team and City for consideration into design.
TASK 3 DELIVERABLES:
o Community Engagement meeting agenda, notices, and minutes TASK 4 – ENVIRONMENTAL STUDIES
Consistent with the RFP requirements and additional discussions with the City, M&N will work with the City during the initial environmental review phase to help identify the appropriate environmental document type (MND or EIR). Once a determination is made on the level of documentation needed, M&N will work to prepare the environmental document. This proposal includes an assumption that the level of environmental documentation that will be necessary for compliance with the California Environmental Quality Act (CEQA) will be an Initial Study/Mitigated Negative Declaration (IS/MND). M&N will incorporate measures and project design features to minimize environmental impacts that demonstrate that this project will not have a significant impact on the environment “and thus try to avoid the need for an EIR. We will also provide environmental technical studies required to identify impacts appropriate for the proposed construction. Our approach/methodology for compliance with the MND environmental process (per CEQA Guidelines Sections 15070 to 15075) is presented below.
As depicted in Figure 3, the following steps will be used for development of the environmental document: (1) prepare project objectives and purpose and need, (2) prepare technical studies, (3) prepare Draft IS/MND and accompanying notices for City review and approval, (4) Public circulation for minimum of 30 calendar days, (5) respond to comments and prepare Final IS/MND and accompanying notices for City review and approval, and (6) prepare and post Notice of Determination and other notices to the County of Los Angeles County Clerk. M&N’s team will provide sufficient environmental analyses and documentation to comply with CEQA requirements. The City will act as the CEQA Lead Agency with M&N being the lead representative.
INITIAL ENVIRONMENTAL DOCUMENT
The first part of the environmental process includes the creation of project objectives (why is this project being proposed/considered). Next, a project description will be prepared to provide a summary of the project elements being considered. Additional technical studies will be performed as a basis of estimating potential impacts of the project. Finally, an initial study and checklist will be prepared as the basis for making a determination of the level of environmental document required for the project.
o Prepare Project Objectives. Provide background for the project and need including public benefit, legislative driving factors, and environmental sustainability goals.
o Prepare Project Description. The team will work with the City to prepare the project description for the MND. The project description will incorporate design features including construction methodology and graphics to convey the detailed aspects of the project. The project description will be submitted to the City for review and approval. o Technical Studies
o Marine Biological Resources - M&N’s marine biological studies consultant, Coastal Resources Management (CRM), will assess sensitive biological resources which may be present within the project limits; these studies are required for both the CEQA and permitting processes. An inventory of the existing subtidal and intertidal biological resources within the general project area will be defined to establish a baseline. A site survey and review of existing biological studies will be used to gather information. A Marine Biological Resources Assessment report will be prepared for incorporation into the CEQA document and regulatory permit applications.
▪ The survey area for the proposed marine biological environmental assessment is shown in Figure
3. The subtidal survey area (below the low tide zone, shown in yellow) encompasses approximately
0.75 acre, while the intertidal survey area between the low and high tide zones, shown in blue, encompasses approximately 0.15 acre. The subtidal survey using a combination of bio-acoustical mapping methods (traditional and down-looking sonar) and diver-biologist surveys. The CRM team will conduct a low-tide reconnaissance survey within the project area riprap intertidal zone, to assess the types and relative abundances of intertidal plants and animals focusing on the presence of any sensitive plants and animals. For purposes of this proposal, it is assumed that no compensatory mitigation for subtidal and/or intertidal habitat will be required because it is assumed the new launch ramp will be in the location of existing riprap, no eelgrass is within the project area, and/or the City is able to offset any potential impacts by removal of waterfront structures within the harbor.
o A Project Marine Resources Report will be prepared with 1) an introduction, (2) a project setting that documents the physical and biological characteristics of the project area based upon both literature review and the CRM field surveys (including habitat types and marine species present, listed or non-listed sensitive species, Fisheries Management Plan (FMP) species, and if present, sensitive habitats, (3) a project impact assessment that evaluates the level of potential impact on the marine environment and Essential Fish Habitat (EFH), and (4) construction Best Management Practices (BMPs) and if necessary, mitigation measures to avoid, reduce, or compensative for significant biological impacts. CRM will submit the draft document within 30 days of the completion of the field survey.
o It is assumed that no Caulerpa, eelgrass or other EFH will be found within the project footprint as part of the baseline survey. However, it is likely that permit agencies will require eelgrass and Caulerpa surveys just prior to construction. For the purposes of this proposal, it is assumed that these surveys are either not required due to lack of sensitive species present at the site or will be performed by construction contractor. o Air Quality and GHG - The air quality and GHG analysis will be consistent with the requirements and methods identified in the 1993 Air Quality Management District (AQMD) CEQA Air Quality Handbook. The air quality and climate change assessment will consist of a description of the regulatory setting and existing air quality conditions; an emissions inventory related to equipment operation, fugitive dust emissions related to site staging and construction activities. A technical memorandum will be prepared to summarize air quality and GHG . o Cultural Resources and Paleontological Resources. A record search at the South-Central Coastal Information Center of the California Historical Resources Information System (CHRIS) will be done to consult California’s database of previously recorded sites and studies within a one-mile radius of the project area. Historic maps will also be reviewed to determine any previously known prehistoric, historic, or ethnographic resources. A technical memorandum will be prepared to summarize the cultural resources and paleontological resources analyses. o Noise. A qualitative analysis of potential for noise impacts as a result of the project will be identified and analyzed.
Measures to minimize noise impacts as a result of the project will be included in the study results, especially as it related to construction-related noise. A technical memorandum will be prepared to summarize the noise analyses. o Visual. An analysis of the potential for visual impacts as a result of the project will be identified and discussed. A technical memorandum will be prepared to summarize the visual analyses. o Geotechnical / Hazards / Water Quality. A brief discussion on existing site constraints and relevant results from other tasks identified in this proposal will be incorporated into the environmental document. o Prepare CEQA Initial Study (IS). M&N will prepare an Initial Study (IS), including CEQA Appendix G Checklist, and will also include an existing conditions inventory and provide an analysis of the potential environmental impacts of the project. The impact analyses will include:
o Discussion of existing conditions;
o Identification, analysis, and evaluation of all potential environmental impacts; o Examination and recommendation of feasible ways to eliminate or minimize adverse environmental impacts; o M&N will assist the City with AB-52 Consultation with Native American Tribes o The results of any technical studies will be incorporated into the Initial Study, with technical appendices attached to the document.
o Submit CEQA IS to the City for their review. Have a meeting with the City to determine the appropriate level of environmental document that will be required for this project (MND or EIR). This proposal includes an assumption that the level of environmental documentation that will be necessary for compliance with the California Environmental Quality Act (CEQA) will be an Initial Study/Mitigated Negative Declaration (IS/MND). o Prepare and Circulate Public Draft IS/MND Package, including the Draft Mitigation Monitoring and Reporting Program (MMRP). Upon the City’s approval of the Initial Study, we will prepare and produce the Public Draft IS/MND package for public review. M&N will prepare a Notice of Intent (NOI) for posting at the County Clerk and Notice of Completion (NOC) form for distribution to the State Clearinghouse. M&N will circulate the Draft IS/MND for a 30-day public review period. We will work in consultation with City to develop a distribution list for the MND, and we will distribute the document to state and local agencies, and other recipients for public review and comments. o Public Meeting during circulation of Draft IS. For an MND, a public meeting is not required. We propose to offer the opportunity to hold a public meeting for stakeholders during the Draft IS/MND public circulation period. o Prepare Final IS/MND. Upon the close of the public review period, M&N will work with City staff to respond to comments and prepare the Final IS/MND. It is assumed that public comments will not require additional analyses, and no more than ten comments will be received. After adoption of the MND, M&N will prepare the Notice of Determination (NOD), post it with the County Clerk, and file the NOD with the State Clearinghouse.
TASK 4 DELIVERABLES:
o Draft and final project objectives (to be incorporated into project description and Draft Initial Study). o Draft and final project description.
o Technical memorandums for air quality and GHG, cultural resources and paleontological resources, noise, and visual (each technical memorandum is anticipated to be up to five pages). o Draft Initial Study (assumes one round of comments by City). o Final IS/MND (assumes one round of comments by City). o File NOD with County Clerk and State Clearinghouse.
Exclusions:
o It is assumed the level of effort required for preparation of the environmental documentation exclude the following:
o No significant impacts on the environment will be identified for this project, which would require a higherlevel environmental document (e.g., EIR). o Geotechnical investigations will not be required during Phase 1 preliminary design in an effort to streamline Phase 1 services. It is assumed all geotechnical site investigations and evaluations will be done in Phase 2.
If an EIR is determined to be required, M&N can provide a scope and fee for the additional services. o Attendance at Public Meeting during circulation of Draft IS is not required. We propose to offer the opportunity to hold a public meeting for stakeholders during the Draft IS/MND public circulation period. o Project will not have federal funding; therefore, compliance with the National Environmental Policy Act (NEPA) will not be required.
o No threatened or endangered plants/animals will be identified within the project area, nor will they be impacted as a result of this project. Hence, no Endangered Species Act Coordination will be required. o No impacts to historical/cultural resources will occur as a result of this project. o The County Clerk and California Department of Fish and Wildlife 2024 MND filing fees are excluded from M&N’s proposed fee; it is assumed that any documentation filing fees will be paid directly by the City.
TASK 5 – ENTITLEMENTS AND PERMITTING
ENTITLEMENTS AND DRAFT APPLICATIONS
M&N understands that permitting is an integral part of the design and likely critical path for the project schedule. We are very familiar with permitting processes within King Harbor, as well as other Southern California coastal locations. Our in-house waterfront engineers and permitting experts work as a united team throughout the design process to ensure that our proposed project is permittable.
Federal and State Regulatory Permits
The RFP scope of work lists permit applications for the California Coastal Commission (CCC) and “other external” agencies.
Based on our experience, the likely Federal and State (external) regulatory permits for this project will be the CCC (Coastal Development Permit), U.S. Army Corps of Engineers (Section 10/404 permit for work in Waters of the U.S.), and the Los Angeles Regional Water Quality Control Board (Section 401 Water Quality Certification). As we know from other Redondo Harbor projects, a lease from the California State Lands Commission will not be required.
In general, our proposed scope includes initial coordination with these agencies, preparation and submittal of the permit applications, and follow-up responses to regulatory agencies’ requests for information. M&N will work closely with the City and act as the City’s agent throughout the permit process.
Based on our experience from other similar projects, the required permits are described below. o California Coastal Commission (CCC). A Coastal Development Permit (CDP) will be required. We know that a CDP was previously issued by the City, under the City’s Local Coastal Program, for the launch ramp at a different location (Mole B) and that CDP was appealed to the CCC by members of the public. Based on the RFP, it is assumed the City has determined that the currently proposed launch ramp at Mole D will be subject to a CDP issued by the CCC, i.e., not under the City’s LCP. CCC staff will be contacted prior to permit application preparation to discuss the project, including updates since the appealed Mole B launch ramp (public appellants’ concerns addressed), and to identify any special needs or potential CCC concerns. The CDP application package will be prepared in consultation with City staff. The CEQA document project description will be used as the basis of the application. The CDP application package will include a Coastal Hazards / Sea Level Rise Analysis, as we know will be required by the CCC and will demonstrate that the City understands and is addressing future potential SLR; the results from the Coastal Conditions Characterization task will be the basis of this coastal hazards analysis. CCC will also require an alternatives analysis; the conceptual alternatives developed in a previous task will be the basis of this analysis. The CCC CDP application package will include the local (City) approvals (CUP and Approval-in-Concept) discussed further below. It is highly likely that CCC staff will require additional information following application submittal and M&N will work with City staff to obtain and provide this information (up to three rounds). M&N staff will also work with CCC staff to negotiate reasonable and feasible permit conditions. Budget includes costs associated with time for virtual attendance at the CCC hearing.
o U. S. Army Corps of Engineers (USACE).The City will need to secure a USACE permit for fill (Section 404) and work (Section 10) in navigable Waters of the U.S. The USACE permitting process includes consultations with other federal agencies including NOAA National Marine Fisheries, National and State Historic Preservation Offices, and U.S. EPA. Similar to the CCC process, USACE staff will be contacted prior to permit application preparation to discuss the project and identify any special needs or potential concerns. Our fee assumes the need for a USACE Standard Individual Permit; however, M&N will work with USACE staff on the potential for this project to be addressed by a Nationwide Permit or Letter of Permission. M&N will prepare the permit application package for submittal to USACE, including a brief Section 404(b)(1) alternatives analysis for USACE’s environmental assessment. M&N will provide follow-up and address questions posed by USACE staff, in coordination with City staff (up to two rounds) and M&N staff will also work with USACE staff to negotiate for reasonable and feasible permit conditions.
o Regional Water Quality Control Board (RWQCB). A RWQCB Section 401 Water Quality Certification for this work in Waters of the U.S. and State (complementary to USACE permit) will be required. M&N will conduct a pre-application meeting with RWQCB staff, prepare the 401 application and work with RWQCB and City staff to answer questions and provide additional information (up to two rounds) to obtain the 401 certifications. The application package will need to include water quality BMPs for both construction and long-term operation of the boat launch ramp.
Unfortunately, the RWQCB will require completion of the CEQA process prior to submittal of the 401 applications, I.e., the 401 applications cannot be submitted until the CEQA process is complete, however M&N staff will precoordinate with RWQCB staff and have the application package ready to go for project schedule expediency. The application process requires payment of a fee; the initial application fee is estimated to be ~$3,000 based on the Water Board’s 2023-2024 fee calculator and additional fees could range from $25,000 to $50,000 based on the new launch ramp’s footprint within tidal Waters of the U.S. / State. These application fees are not included in M&N’s proposed fee. If stormwater drainage improvements are required which result in new discharges into the harbor, a RWQCB NPDES water discharge permit may also be required; the M&N engineering team will work with City staff to avoid the need for this permit. Our scope/fee assumes an NPDES permit is not required, in addition it is assumed a Water Quality Management Plan (WQMP) is not required. Water quality can be handled through BMPs on drawings. o California State Lands Commission (CSLC). It is assumed that the project is within the City’s Granted Tidelands jurisdiction and thus a new or amended State Lands lease will not be required. Our proposal does not include preparation of an SLC lease application or formal jurisdiction determination request. o California Department of Fish and Wildlife (CDFW). It is assumed that there is no eelgrass in the project area and that CDFW has no regulatory jurisdiction for this project. This is supported by the latest eelgrass surveys conducted for the Sportfishing Pier demolition project that was led by M&N. Therefore, it is assumed that a CDFW permit will not be required for the proposed action, although CCC may consult with CDFW as part of the CDP approval process.
As discussed in the Marine Biological Study section, the regulatory agencies could require the City to provide compensatory mitigation for any habitat impacts. M&N will seek to avoid the need for compensatory mitigation. Effort is not included in the fee herein for development of a mitigation plan and a scope and fee can be provided if the need for compensatory mitigation is identified by the regulatory agencies.
City Approvals in Support of CCC Permit Application
M&N will coordinate for necessary local agency (City)approvals required in support of the CCC permit application; these include:
o City of Redondo Beach Harbor Commission. M&N will provide material for City staff’s presentation to the Commission. It is assumed that a Conditional Use Permit (CUP) will be required, and M&N will work with the City to prepare the application and coordinate for approval through the Harbor Commission. o City of Redondo Beach Community Development / Planning. An “Approval in Concept” will be required from the City for submittal in the CDP application. M&N staff will work with City staff to obtain this approval.
TASK 5 DELIVERABLES:
o CCC, USACE, and RWQCB permit applications.
o Coastal hazards analysis
o City approvals (CUP and Approval in Concept)
EXCLUSIONS:
It is assumed the level of effort required for preparation of the regulatory permit applications exclude the following:
• Technical studies (beyond those identified in other sections of this scope of work) • Compensatory mitigation for impacts to marine habitat • Permitting/approvals for any new wave attenuation/breakwater structures. • Permit application fees, e.g. RWQCB; assumed to be paid by the City. • A Water Board NPDES wastewater discharge Permit.
• City of Redondo Beach engineering and building permits (to be part of Phase 2).
TASK 6 – DBW GRANT APPLICATION
The RFP indicates the City desires to apply for grant funding through the State of California Division of Boating and Waterways (DBW) for a Boat Launch Facility Grant. M&N will provide the applications, supplemental grant documentation, and coordinate with agencies to respond to comments. A fee has been provided for these services based upon experience with prior coordination and applications through grant agencies for similar type construction projects. The fee provided represents the cost associated with preparing one (1) state or federal grant program application in association with waterfront public boat launch facilities. Should the City choose to submit more than one application or pursue a higher effort grant program, M&N’s fee would be negotiated with City for approval.
PREPARE GRANT APPLICATION
• Provide assistance with data gathering and wording for the grant application, provide exhibits, and complete sections of the grant application as appropriate;
• Prepare feasibility level evaluation for project need and summarize into a brief written project description; • Include rough order-of-magnitude construction cost estimates for facility improvements that will include a contingency of -20% to +30% (AACE- Class 5);
• Submit the draft application to the City for review and approval; • Submit the final application to the selected grant issuing agency per its submittal procedure and schedule.
POST-AWARD GRANT AGENCY CONSULTATION AND COORDINATION
• Attend a site visit, as required by grant funding agencies; • Participate in consultation(s) with the issuing agency to clarify directions for proper grant application preparation. It is assumed this will be done via telecon(s);
• Liaise with agency staff to address any comments or questions on the application package; • Coordinate with agencies and City to review grant agreement language; • Coordinate with City staff to format and respond to grant agency request for compliance documentation.
TASK 6 DELIVERABLES:
• One (1) state or federal level grant program application and supporting documentation. • Support for resolving agency comments
• Input into grant compliance documentation
EXCLUSIONS:
• The level of documentation required for each grant agency and application requires various levels of effort (feasibility studies, cost estimates, compliance documentation, etc.) Depending upon the grant application chosen to move forward with M&N may need to revisit level of effort defined in the proposal to match effort. Therefore, the budget identified in this proposal should be used for budgeting purposes only. • Assumes the City will act as lead agency and lead grant compliance documentation process. M&N’s effort for grant compliance will be to answer requests for information and not act as lead grant compliance agent.
TASK 7 – MEETINGS AND PROJECT MANAGEMENT
M&N will provide general coordination and administrative support during project design. M&N will also attend meetings to discuss design elements, as indicated below.
• Prepare a Program Management Plan to describe an approach for managing the project. • Prepare project design schedule to be maintained over project duration. • Coordinate with City staff, other consultants, and stakeholders. • M&N will attend meetings to coordinate design issues, as necessary:
o One (1) teleconference project kick-off meeting with City staff. o Up-to Four (4) teleconference progress meeting with City staff to discuss design and review comments. • Prepare monthly invoices and regular cost reporting.
TASK 7 DELIVERABLES:
• Program Management Plan
• Project Design Schedule
• Cost Reporting and Monthly Invoices
PROPOSED DEVIATIONS
M&N has no proposed deviations from the contract deliverables, schedule, or statement of work.
PROPOSED INNOVATIONS
Our team has included proposed innovations and value added considerations throughout our detailed Scope of Services Approach & Work Plan. These proposed innovations include:
• Deploy wave gauges that gather real-time wave data that can be used to predict the design waves specific to the site.
• The California Division of Boating and Waterways entrusted M&N to lead the effort for updating recent iterations of the Boat Launch Ramp Design Guidelines (2021) and revise the Marina Layout and Design Guidelines (2024). • Prior community engagement experience for the City and waterfront projects. • Create self-mitigating designs that can be adjusted on the fly to avoid and/or minimize environmental impacts. • Anticipating critical path impacts from the regulatory permitting and entitlement process and how to navigate them. • Applying for grants and understanding the terms of the funding and each parties responsibilities. • Creating a space not only functional as a boat launch facility, but also inviting to the general public.
Binding written and oral responses to questions by Consultant are detailed below.
Specifically, during the interview phase, representatives from Moffatt & Nichol indicated as follows in response to oral and written questions:
Q. What is the additional cost of designing the restrooms to be LEEDS compliant (but not seeking certification)?
A. Phase 1 additional design costs associated with allowances for energy efficient restroom buildings are negligible, and we would work with the City to incorporate into the preliminary design. Additional Phase 2 final design costs may be needed depending upon preferred alternative selected in preliminary design, and if LEED certification is desired.
Q. What is the cost of adding wifi, an emergency phone, and webcams to the restroom or elsewhere on the facility?
A. Phase 1 additional design costs associated with allowances for communications and low voltage for restroom buildings are negligible, and we would work with the City to incorporate into the preliminary design. Additional Phase 2 final design costs may be needed depending upon preferred alternative selected in preliminary design, and which utility service connections are required.
Q. Is there any cost savings if the city deleted the requirement for the boat hoist? If so, what are they?
A. If considerations for the boat hoist are removed from the project scope of work, there may be a slight reduction in fees. Phase 1 proposal for Task 2 “Conceptual Design & Boat Launch Ramp Studies” maybe reduced by approximately 30 hours or $5,000.
Additional costs for Phase 2 final design would also no longer be necessary.
Q. Why would the project need a discharge permit? Would the design not capture wash down and runoff water?
A. Our proposal assumes we will work with City staff to avoid the need for this type of permit. This can typically be done in the design process by capture and treatment of stormwater and/or boat washdown runoff at the site prior to discharge and therefore no separate permit would be necessary.
Q. What would be the cost of adding a light to indicate when the ramp is open? A. Phase 1 additional design costs associated with allowances for an indication light at the ramp are negligible, and we would work with the City to incorporate into the preliminary design. Additional Phase 2 final design costs may be needed depending upon preferred alternative selected in preliminary design, and final lighting requirements.
Oral interview questions:
Q. Regarding the wave data, how long will it take to gather and how will it integrate? A. Measurement instrumentation and data estimated to take 2 months to acquire Q. What boat launch grants have you successfully acquired in the past? A. Successfully acquired grants from DBAW for boat launches including Santa Barbara Boat Launch, and others.
Q. Do you feel this area (Redondo Beach) is underserved for boat use? A. Past demand studies have shown that it is underserved, with the nearest boat launch being in Marina Del Rey. Future studies will provide a more accurate picture.
Q. Can you still meet the original schedule given the changes in amended scope to Phase 1? A. Given that the amended proposal has removed the Phase 2 tasks, the schedule should remain on track. However, this is also dependent on the start time of the contract.
Exhibit A Attachment 2 - Contract Deliverables (CDRLs)
Deliverable Number Deliverable Name Description Format Date(s) 001 Program Management
Plan
See SOW Section 3.0 Contractor format
MS Word
.pdf
Award + 5 days
002 Schedule See SOW Section 3.0.c Contractor format
Mutually agreed
format and software
.pdf
Initial: Proposal
due date
Update: Every 30
days after award
003 Cost Reporting Report current costs as
compared to proposed
costs for activity
completed for preceding
month and for inception
to date incurred and
proactive projection of
potential cost overruns
Contractor format –
Excel spreadsheet
and Word as required
.pdf
Monthly within 10
workdays of end
of each month
004 City and community and
agency engagement
briefings
Produce power point
briefing charts that
effectively communicate
with and solicit feedback
from stakeholders for
each meeting. To be
reviewed and approved
by City Staff prior to
meeting
Contractor format –
Power Point and .pdf
5 working days
before meetings
Per contractor
proposal and
negotiated
contract
005 Parking and Circulation
Study
Produce a
comprehensive parking
and circulation study that
evaluates compliant
parking and circulation
requirements based on
the new boat launch and
current uses and
projected project
completions. Coordinate
on baseline and future
project assumptions with
City Program Manager.
The circulation study
shall address circulation
from Herondo Avenue to
the north to Pacific
Avenue in the south.
Contractor format
Word
.pdf
Draft: Award + 90
days
Final: Award +
100 days
006 Boat launch demand
study
Produce a boat launch
demand study for use in
application for State
Grant and for integration
into boat launch design.
Contractor format
Word
.pdf
Draft: Award
+120 days
Final: Award +
130 days
007 Phase 1 Environmental
study, Geotechnical
Study, Initial Study
Conduct environmental
and Geotechnical
analyses and document
results, integrate results
in Initial Study that meets
CEQA process
requirements
Per CEQA
Requirements
Word and .pdf for
final
007(a) Mitigated Negative
Declaration
Conduct environmental
analysis and produce
MND in collaboration
with city staff for boat
launch project. Includes
charts for use in public
meetings that are part of
CEQA process.
Per CEQA
requirements
Word
Power Point
.pdf
Per proposed
baseline schedule
007(b) EIR Conduct environmental
analysis and produce
EIR in collaboration with
Per CEQA
requirements
Word
Per proposed
baseline schedule
Deliverable Number Deliverable Name Description Format Date(s) city staff for boat launch
project. Includes charts
for use in public
meetings that part of
CEQA process
Power Point
.pdf
008 Boat launch design,
trades, and cost
estimates 30%
Produce design
documents, operations
concept, trade studies
and recommendations,
cost estimate, and
Requirements
Verification Matrix for
30% design review as
detailed in SOW Section
5.a.
Mutually agreeable
format
Word
RVM may be Excel
.pdf
Per proposed
baseline schedule
009 Boat launch design,
trades and cost
estimates 60%
Produce design
documents, operations
concept, trade studies
and recommendations,
cost estimate, and
Requirements
Verification Matrix (RVM)
for 60% design review as
detailed in SOW Section
5.a.
Mutually agreeable
format
Word
.pdf
Per proposed
baseline schedule
010 Boat launch design,
trades, and cost
estimates
90%
Produce design
documents, operations
concept, trade studies
and recommendations,
cost estimate, and
Requirements
Verification Matrix for
90% design review as
detailed in SOW Section
5.a.
Mutually agreeable
format
Word
RVM may be Excel
.pdf
Per proposed
baseline schedule
011 Boat launch design and
cost estimates
100%
Produce design
documents, operations
concept, cost estimate,
and Requirements
Verification Matrix for
100% design as detailed
in SOW Section 5.b
Mutually agreeable
format
Word
RVM may be Excel
.pdf
Per proposed
baseline schedule
013 City Entitlements Based on City Standards
produce a complete
submittal for necessary
entitlements for approval
by Harbor Commission
Per City Boiler Plate
Word
.pdf
Per proposed
baseline schedule
014 City Building and
Engineering Permits
Based on City Standards
produce a complete City
Building and Engineering
Permit submittal for
approval by the Chief
Building Official and City
Engineer.
Per City Boilerplate
Word
.pdf
Per proposed
baseline schedule
015 Division of Boating and
Waterways Grant
Application
Based on DBAW
requirements and forms,
produce a grant
application for funds to
permit and construct the
Boat Launch
Per DBAW
requirements
Word
.pdf
Per proposed
baseline schedule
016 Coastal Commission
Coastal Development
Permit Application
Based on Coastal
Commission
requirements and forms
produce a package for
application of a Coastal
Development Permit for
the Boat Launch project.
Per Coastal
Commission
requirements
Word
.pdf
Per proposed
baseline schedule
EXHIBIT "B"
SCHEDULE FOR COMPLETION
TERM. The term of this Agreement shall commence on August 20, 2024 and expire December 31, 2026 (“Term”) unless otherwise terminated as herein provided.
The Project Schedule which is outlined in the three spreadsheets that are referenced and incorporated herein as Attachment 1 to Exhibit B, M&N Boat Launch Schedule_REV2 assigns a general timeline to the phases and tasks. The Waterfront & Economic Development Director shall have the authority to make as needed adjustments to the “Project Schedule” as required.
Attachment 1 to Exhibit B
EXHIBIT "C"
COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
1. Amount. The total not-to-exceed cost for this phase of the Public Boat Launch $649,648. The total cost which includes specific breakdowns of tasks and associated costs are depicted in the attached spreadsheets, which are referenced and incorporated herein as Attachment 1 to Exhibit C.
2. METHOD OF PAYMENT. Consultant shall provide monthly invoices to City for approval and payment. Invoices must be adequately detailed, based on accurate records, and in a form reasonably satisfactory to City. The invoices shall be submitted IAW CDRL 001, and shall include CDRL’s 2 & 3. The invoice shall clearly map to and correlate with CDRL’s 1, 2, &3. Consultant may be required to provide back-up material upon request.
3. SCHEDULE FOR PAYMENT. City agrees to pay Consultant within thirty (30) days of receipt of monthly invoices; provided, however, that payments by City shall not exceed $649,648 and services are performed within the standard of care to the full satisfaction of the City. Consultant acknowledges that the payment of services is subject to a separate reimbursement agreement with a third party and that payment may be delayed due to delay in the City’s receipt of reimbursement monies. Significant variances between the amount invoiced; CDRL’s 1, 2 and 3; the work performed; and the proposed price for each task and subtask may be grounds for corrective action by the City.
4. NOTICE. Written notices to City and Consultant shall be given by registered or certified mail, postage prepaid and addressed to or personally served on the following parties:
Consultant
Moffatt & Nichol
4225 E Conant St,
Long Beach, CA 90808
Attn: Jerry Holcomb
City
City of Redondo Beach
Waterfront & Economic Development Department
415 Diamond Street
Redondo Beach, CA 90277
Attn: Dave Charobee
All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by registered or certified mail.
Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party.
Attachment 1 to Exhibit C
EXHIBIT “D”
INSURANCE REQUIREMENTS FOR CONSULTANTS
Without limiting Consultant's indemnification obligations under this Agreement, Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
Workers' Compensation insurance as required by the State of California.
Employer's Liability Insurance.
Errors and Omissions liability insurance appropriate to the consultant's profession.
Minimum Limits of Insurance
Consultant shall maintain limits no less than:
General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project/location.
Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Errors and Omissions liability: $1,000,000 per claim.Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to theCity.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Endorsement:
General Liability: The City, its officers, elected and appointed officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of work performed by or on behalf of the Consultant. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance, or as a separate owner's policy.
Automobile Liability: The City, its officers, elected and appointed officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant.
For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers. 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.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by mail, has been given to the City.
Each insurance policy shall be endorsed or shall include in the policy that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued toeach insured.
Errors and Omissions policy, if written on a claims made basis, shall be maintained by the Consultant for a period of one year after the completion of the project.
Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project.
The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the Consultant's part.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII and which are authorized to transact insurance business in the State of California by the Department of Insurance.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications. Standard ISO forms which shall be subject to City approval may be acceptable in lieu of City authorized forms. All certificates and endorsements are to be received and approved by the City before the contract is awarded. The City reserves the right to require complete, certified copies of all required insurance policies,including endorsements affecting the coverage required by these specifications at any time.
Subcontractors
Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Risk Management
Consultant acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.
EXHIBIT "E"
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. Contractor acknowledges that the project as defined in this Agreement between Contractor and the City, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a “public work”as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”), and that this Agreement is subject to (a) Chapter 1,including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. Contractor shall perform all work on the project as a public work. To the extent applicable to the Services, Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Pursuant to Labor Code Section 1771.4, Contractor shall post job site notices, as prescribed by regulation.
4. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.
5. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as apenalty to the City, forfeit the maximum amount allowable by law for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
6. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records.
7. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement,Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
8. Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 and 1/2 times the basic rate of pay.
9. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractorhereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
10. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.
Contractor shall diligently take corrective action to halt or rectify any failure.
11. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless, and defend (at Contractor’s expense with counsel acceptable to the City) the City, its officials, officers, employees, agents, independent contractors, and volunteers from and against any demand or claim for damages, compensation, fines, penalties, or other amounts arising out of or incidental to any acts or omissions listed in this Exhibit “E” by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees, and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses, except for such loss or damage which was caused by the sole negligence or willful misconduct of the City. This indemnification obligation shall survive the termination of the Agreement.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:
PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
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).
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.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR WVDADDL
INSD
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. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
8/15/2024
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd, Suite 230
Lafayette CA 94549
Karin Thorp 714-427-3494 [email protected] License#: 6003745 Continental Insurance Company 35289 MOFF&NI-01 National Union Fire Insurance Co PA 19445 Moffatt & Nichol
4225 E. Conant
Long Beach CA 90808
American Guarantee and Liability Insurance Co 26247 Continental Casualty Company 20443 XL Specialty Insurance Company 37885 American Casualty Company of Reading, 20427 196834062 D X 1,000,000 X 1,000,000 15,000 X Ded /SIR $0 1,000,000 2,000,000 X Y Y 6056712992 11/22/2023 11/22/2024
2,000,000 Project / Loc Agg 15M
F 1,000,000 X
X X
Y Y 6056712989 11/22/2023 11/22/2024
Comp / Coll Ded 1,000
A
C
X X 10,000,000 X
Y 6079627982
AEC576168010
11/22/2023
11/22/2023
X
Y 11/22/2024
11/22/2024
15,000,000 10,000
B
B
Y WC19397907
X
WC19397906
11/22/2023
11/22/2023
11/22/2024
11/22/2024
1,000,000 1,000,000 1,000,000
E Professional Liability
Includes Pollution Liability
Claims-Made Form
DPR5020973 11/22/2023 11/22/2024 Per Claim/$1,000,000 $1,000,000/Agg lmt Umbrella policy is follow-form to its underlying Policies: General Liability/Auto Liability/Employer's Liability.
RE: Agreement for Consulting Services
City of Redondo Beach, its officers, elected and appointed officials, employees, and volunteers are named as an additional insured as respects general liability and auto liability as required per written contract. General Liability and Auto Liability are Primary/Non-Contributory per policy form wording. Insurance coverage includes waiver of subrogation per the attached endorsement(s). 30 Day Notice of Cancellation
City of Redondo Beach
Waterfront & Economic Development Department
Attn: Dave Charobee
415 Diamond Street
Redondo Beach CA 90277
iiiiiiii --
--
=
CNA CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Completed
Operations Coverage Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:
I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, 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 or omissions of those acting on your behalf:
A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if:
1. the written contract requires you to provide the additional insured such coverage; and
2. this coverage part provides such coverage.
II. But if the written contract requires:
A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or
B. additional insured coverage with "arising out of' language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following:
WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract.
Ill. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:
A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract.
IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of:
A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including:
1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and
2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part.
V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part:
CNA75079XX (10-16)
CONTINENTAL CASUALTY COMPANY
Insured Name: MOFFATT & NICHOL
Policy No: 6056712992
Endorsement No:
Effective Date: 11/22/2023
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Completed
Operations Coverage Endorsement
Primary and Noncontributory Insurance
With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be:
1. primary and non-contributing with other insurance available to the additional insured; or
2. primary and to not seek contribution from any other insurance available to the additional insured.
But except as specified above, this insurance will be excess of all other insurance available to the additional insured.
VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:
The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following:
Any additional insured pursuant to this endorsement will as soon as practicable:
1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim;
2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and
3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured.
The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured.
VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition:
Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement:
A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to:
1. the bodily injury or property damage; or
2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage.
Any coverage granted by this endorsement shall apply solely to the extent permissible by law.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.
CNA75079XX (10-16)
CONTINENTAL CASUALTY COMPANY
Insured Name: MOFFATT & NICHOL
Policy No: 6056712992
Endorsement No:
Effective Date: 11/22/2023
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. iiiiiiii
--
-
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply.
TABLE OF CONTENTS
1. Additional Insureds
2. Additional Insured - Primary And Non-Contributory To Additional lnsured's Insurance
3. Additional Insured - Extended Coverage
4. Boats
5. Bodily Injury - Expanded Definition
6. Broad Knowledge of Occurrence/ Notice of Occurrence
7. Broad Named Insured
8. Contractual Liability - Railroads
9. Estates, Legal Representatives and Spouses
10. Expected Or Intended Injury - Exception for Reasonable Force
11. General Aggregate Limits of Insurance - Per Location
12. In Rem Actions
13. Incidental Health Care Malpractice Coverage
14. Joint Ventures/Partnership/Limited Liability Companies
15. Legal Liability - Damage To Premises
16. Liquor Liability
17. Medical Payments
18. Non-owned Aircraft Coverage
19. Non-owned Watercraft
20. Personal And Advertising Injury - Discrimination or Humiliation
21. Personal And Advertising Injury - Contractual Liability
22. Property Damage - Elevators
23. Retired Partners, Members, Directors And Employees
24. Supplementary Payments
25. Unintentional Failure To Disclose Hazards
26. Waiver of Subrogation - Blanket
27. Wrap-Up Extension: OCIP, CCIP or Consolidated (Wrap-Up) Insurance Programs CNA74858XX (1-15)
CONTINENTAL CASUALTY COMPANY
Insured Name: MOFFATT & NICHOL
Policy No: 6056712992
Endorsement No: 8
Effective Date: 11/22/2023
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
1. ADDITIONAL INSUREDS
a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through I. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement:
(1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to:
(a) the bodily injury or property damage; or
(b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage.
b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:
(1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through I. below.
Any coverage granted by this endorsement shall apply only to the extent permissible by law.
A. Controlling Interest
Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of:
1. such person or organization's financial control of a Named Insured; or
2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises;
provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.
B. Co-owner of Insured Premises
A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises.
C. Engineers, Architects or Surveyors Engaged By You
An architect, engineer or surveyor engaged by the Named Insured, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by the Named lnsured's acts or omissions, or the acts or omissions of those acting on the Named lnsured's behalf:
a. in connection with the Named lnsured's premises; or
b. in the performance of the Named lnsured's ongoing operations.
But the coverage hereby granted to such additional insureds does not apply to bodily injury, property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by, on behalf of, or for the Named Insured, including but not limited to:
CNA74858XX (1-15)
CONTINENTAL CASUALTY COMPANY
Insured Name: MOFFATT & NICHOL
Policy No: 6056712992
Endorsement No: 8
Effective Date: 11/22/2023
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. iiiiiiii
-iiiiiiii
-
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
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.
D. Lessor of Equipment
Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named lnsured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease.
E. Lessor of Land
Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.
F. Lessor of Premises
An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.
G. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named lnsured's ownership, maintenance, or use of a premises by a Named Insured.
The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.
H. State or Governmental Agency or Subdivision or Political Subdivisions - Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of:
1. the following hazards in connection with premises a Named Insured owns, rents, or controls 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, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or CNA74858XX (1-15) Policy No: 6056712992
CONTINENTAL CASUALTY COMPANY
Insured Name: MOFFATT & NICHOL
Endorsement No: 8
Effective Date: 11/22/2023
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
2. the permitted or authorized operations performed by a Named Insured or on a Named lnsured's behalf.
The coverage granted by this paragraph does not apply to:
a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products-completed operations hazard.
With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured.
I. Trade Show Event Lessor
1. With respect to a Named lnsured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by:
a. the Named lnsured's acts or omissions; or
b. the acts or omissions of those acting on the Named lnsured's behalf, in the performance of the Named lnsured's ongoing operations at the trade show event premises during the trade show event.
2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard.
2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph:
If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and noncontributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization.
3. ADDITIONAL INSURED - EXTENDED COVERAGE
When an additional insured is added by this or any other endorsement attached to this Coverage Part, WHO IS AN INSURED is amended to make the following natural persons Insureds.
If the additional insured is:
a. An individual, then his or her spouse is an Insured; b. A partnership or joint venture, then its partners, members and their spouses are Insureds; c. A limited liability company, then its members and managers are Insureds; or d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are Insureds;
CNA74858XX (1-15)
CONTINENTAL CASUALTY COMPANY
Insured Name: MOFFATT & NICHOL
Policy No: 6056712992
Endorsement No: 8
Effective Date: 11/22/2023
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. iiiiiiii
iiiiiiii -
-
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations.
Please see the ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person Insureds.
4. BOATS
Under COVERAGES, Coverage A - Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to add the following additional exception to the exclusion entitled Aircraft, Auto or Watercraft:
This exclusion does not apply to:
Any watercraft owned by the Named Insured that is less than 30 feet long while being used in the course of the Named lnsured's inspection or surveying work.
5. BODILY INJURY - EXPANDED DEFINITION
Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following:
Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease.
6. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE
Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions:
A. BROAD KNOWLEDGE OF OCCURRENCE
The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice.
B. NOTICE OF OCCURRENCE
The Named lnsured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named lnsured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim.
7. BROAD NAMED INSURED
WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following:
3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control:
a. on the effective date of this Coverage Part; or
b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have CNA74858XX (1-15) Policy No: 6056712992
CONTINENTAL CASUALTY COMPANY Effective Date: 11/22/2023 Insured Name: MOFFATT & NICHOL
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance.
But this BROAD NAMED INSURED provision does not apply to:
(a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part.
For the purpose of this provision, management control means:
A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust.
4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to:
a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor
b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases.
5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ.
8. CONTRACTUAL LIABILITY - RAILROADS
With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following:
Insured Contract means:
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 to premises while rented to a Named Insured or temporarily occupied by a Named Insured you with permission of the owner is not an insured contract; b. A sidetrack agreement;
c. Any easement or license agreement;
d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement pertaining to the Named lnsured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.
Paragraph f. does not include that part of any contract or agreement:
CNA74858XX (1-15)
CONTINENTAL CASUALTY COMPANY
Insured Name: MOFFATT & NICHOL
Policy No: 6056712992
Endorsement No: 8
Effective Date: 11/22/2023
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. iiiiiiii
-
-
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
(1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage;
(2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities.
9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES
The estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses of any natural person Insured or living trust shall also be insured under this policy; provided, however, coverage is afforded to such estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided, however, that the spouse of a natural person Named Insured, and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named lnsured's business.
10. EXPECTED OR INTENDED INJURY- EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A - Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following:
This insurance does not apply to:
Expected or Intended Injury
Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property.
11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION A. A separate Location General Aggregate Limit, equal to the amount of the General Aggregate Limit, is the most the Insurer will pay for the sum of:
1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products-completed operations hazard; and
2. All medical expenses under Coverage C,
that arise from occurrences or accidents which can be attributed solely to ongoing operations at that location.
Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Location General Aggregate Limit of any other location.
B. All:
1. Damages under Coverage B, regardless of the number of locations involved; CNA74858XX (1-15)
CONTINENTAL CASUALTY COMPANY
Insured Name: MOFFATT & NICHOL
Policy No: 6056712992
Endorsement No: 8
Effective Date: 11/22/2023
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single location, except damages because of bodily injury or property damage included in the products-completed operations hazard; and
3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single location,
will reduce the General Aggregate Limit shown in the Declarations.
C. For the purpose of this GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION Provision, "location" means:
1. a premises the Named Insured owns or rents; or
2. a premises not owned or rented by any Named Insured at which the Named Insured is performing operations pursuant to a contract or written agreement. If operations at such a location have been discontinued and then restarted, or if the authorized parties deviate from plans, blueprints, designs, specifications or timetables, the location will still be deemed to be the same location.
For the purpose of determining the applicable aggregate limit of insurance, premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single location.
D. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Location General Aggregate Limit or the General Aggregate Limit, depending on whether the occurrence can be attributed solely to ongoing operations at a particular location.
E. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products-completed operations hazard, regardless of the number of locations involved, will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations.
F. The provisions of LIMITS OF INSURANCE not otherwise modified by this GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION Provision shall continue to apply as stipulated.
12. IN REM ACTIONS
A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured.
13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE
Solely with respect to bodily injury that arises out of a health care incident:
A. Under COVERAGES, Coverage A - Bodily Injury And Property Damage Liability, the Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following:
b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named lnsured's primary business purpose, and only if:
(1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and
CNA74858XX (1-15) Policy No: 6056712992
CONTINENTAL CASUALTY COMPANY
Insured Name: MOFFATT & NICHOL
Endorsement No: 8
Effective Date: 11/22/2023
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. iiiiiiii
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CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
B. Under COVERAGES, Coverage A - Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to:
i. add the following to the Employers Liability exclusion:
This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits).
ii. delete the exclusion entitled Contractual Liability and replace it with the following:
This insurance does not apply to:
Contractual Liability
the lnsured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees.
iii. to add the following additional exclusions:
This insurance does not apply to:
Discrimination
any actual or alleged discrimination, humiliation or harassment, including but not be limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation.
Dishonesty or Crime
Any actual or alleged dishonest, criminal or malicious act, error or omission.
Medicare/Medicaid Fraud
any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program.
Services Excluded by Endorsement
Any health care incident for which coverage is excluded by endorsement.
C. DEFINITIONS is amended to:
i. add the following definitions:
Health care incident means an act, error or omission by the Named lnsured's employees or volunteer workers in the rendering of:
a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received.
Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required:
a. Physician;
CNA74858XX (1-15) Policy No: 6056712992
CONTINENTAL CASUALTY COMPANY
Insured Name: MOFFATT & NICHOL
Endorsement No: 8
Effective Date: 11/22/2023
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA
b.
C.
d.
e.
f.
g.
h.
i.
j.
Nurse;
Nurse practitioner;
CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
Emergency medical technician;
Paramedic;
Dentist;
Physical therapist;
Psychologist;
Speech therapist;
Other allied health professional; or
Professional health care services does not include any services rendered in connection with human clinical trials or product testing.
ii. delete the definition of occurrence and replace it with the following:
Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence;
iii. amend the definition of Insured to:
a. add the following:
the Named lnsured's employees are Insureds with respect to:
(1) bodily injury to a co-employee while in the course of the co-employee's employment by the Named Insured or while performing duties related to the conduct of the Named lnsured's business; and
(2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named lnsured's business;
when such bodily injury arises out of a health care incident. the Named lnsured's volunteer workers are Insureds with respect to:
(1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named lnsured's business; and
(2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named lnsured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED.
D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following:
Other Insurance
CNA74858XX (1-15)
CONTINENTAL CASUALTY COMPANY
Insured Name: MOFFATT & NICHOL
Policy No: 6056712992
Endorsement No: 8
Effective Date: 11/22/ 2 O 2 3
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. iiiiiiii -iiiiiiii --
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CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
b. Excess Insurance
(1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage.
14. JOINT VENTURES/ PARTNERSHIP/ LIMITED LIABILITY COMPANIES A. Past Joint Ventures, Partnerships, Limited Liability Companies The following is added to WHO 15 AN INSURED:
If the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that:
a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense, first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company.
If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Architects, Engineers And Surveyors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) insurance program.
B. Participation In Current Professional Joint Ventures The following is added to WHO 15 AN INSURED:
The Named Insured is also an Insured for participation in a current joint venture that is not named on the Declarations, but only if such joint venture meets all of the following criteria:
a. Each and every one of the Named lnsured's co-venturers are architectural, engineering or surveying firms only; and
b. There is no other valid and collectible insurance purchased specifically to insure the joint venture.
However, the Named Insured is an Insured only for the conduct of such Named lnsured's business within such a joint venture. The Named Insured is not insured for liability arising out of the acts or omissions of other coventurers, nor of their partners, members or employees.
C. WHO 15 AN INSURED is amended to delete its last paragraph and replace it with the following:
Except as provided under this Architects, Engineers And Surveyors General Liability Extension Endorsement or by the attachment of another endorsement (if any), no person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations.
CNA74858XX (1-15)
CONTINENTAL CASUALTY COMPANY
Insured Name: MOFFATT & NICHOL
Policy No: 6056712992
Endorsement No: 8
Effective Date: 11/22 / 2 O 23
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
15. LEGAL LIABILITY - DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED
INSURED'S CARE, CUSTODY OR CONTROL
A. Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following:
This insurance does not apply to:
j. Damage to Property
Property damage to:
(1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property;
(2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises;
(3) Property loaned to the Named Insured;
(4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named lnsured's behalf are performing operations, if the property damage arises out of those operations; or
(6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it.
Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE.
Paragraph (2) of this exclusion does not apply if the premises are your work.
Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement.
Paragraph (6) of this exclusion does not apply to property damage included in the products-completed operations hazard.
Paragraphs (3) and (4) of this exclusion do not apply to property damage to:
i. tools, or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named lnsured's care, custody or control while being used in the Named lnsured's operations away from any Named lnsured's premises.
However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to:
a. property at a job site awaiting or during such property's installation, fabrication, or erection; b. property that is mobile equipment leased by an Insured; CNA74858XX (1-15)
CONTINENTAL CASUALTY COMPANY
Insured Name: MOFFATT & NICHOL
Policy No: 6056712992
Endorsement No: 8
Effective Date: 11/22/ 2 O 2 3
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. iiiiiiii !!!!!!!!!!!!!!! --
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CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
c. property that is an auto, aircraft or watercraft;
d. property in transit; or
e. any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions.
A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below.
B. Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following:
Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days.
A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE.
C. The following paragraph is added to LIMITS OF INSURANCE:
Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named lnsured's care, custody or control, while being used in the Named lnsured's operations away from any Named lnsured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount.
D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following:
6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of:
a. $500,000; or
b. The Damage To Premises Rented To You Limit shown in the Declarations.
E. Paragraph 4.b.(1 )(a)(ii) of the Other Insurance Condition is deleted and replaced by the following:
(ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named lnsured's care, custody or control;
16. LIQUOR LIABILITY
Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability.
This LIQUOR LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part.
CNA74858XX (1-15)
CONTINENTAL CASUALTY COMPANY
Insured Name: MOFFATT & NICHOL
Policy No: 6056712992
Endorsement No: 8
Effective Date: 11/22 / 2 O 2 3
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
17. MEDICAL PAYMENTS
A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following:
7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of:
(1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit.
B. Under COVERAGES, the Insuring Agreement of Coverage C - Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following:
(b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and
18. NON-OWNED AIRCRAFT
Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows:
The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following:
This exclusion does not apply to an aircraft not owned by any Named Insured, provided that:
1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot;
2. the aircraft is rented with a trained, paid crew to the Named Insured; and
3. the aircraft is not being used to carry persons or property for a charge.
19. NON-OWNED WATERCRAFT
Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following.
This exclusion does not apply to:
(2) a watercraft that is not owned by any Named Insured, provided the watercraft is:
(a) less than 75 feet long; and
(b) not being used to carry persons or property for a charge.
20. PERSONAL AND ADVERTISING INJURY-DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort:
Discrimination or humiliation that results in injury to the feelings or reputation of a natural person.
B. Under COVERAGES, Coverage B - Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to:
1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following:
CNA74858XX (1-15)
CONTINENTAL CASUALTY COMPANY
Insured Name: MOFFATT & NICHOL
Policy No: 6056712992
Endorsement No: 8
Effective Date: 11/22/ 2 O 2 3
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. iiiiiiii
iiiiiiii -
-
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
This insurance does not apply to:
Knowing Violation of Rights of Another
Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of:
(a) the Named Insured; or
(b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured.
2. add the following exclusions:
This insurance does not apply to:
Employment Related Discrimination
discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured.
Premises Related Discrimination
discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured.
Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination.
The coverage provided by this PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1. ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part.
21. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B -Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability.
B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS- COVERAGES A AND B:
1. Paragraph 2.d. is replaced by the following:
d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee;
2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following:
So long as the above conditions are met, attorney's fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred CNA74858XX (1-15)
CONTINENTAL CASUALTY COMPANY
Insured Name: MOFFATT & NICHOL
Policy No: 6056712992
Endorsement No: 8
Effective Date: 11/22 / 2 O 23
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance.
C. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B -Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part.
This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part.
22. PROPERTY DAMAGE - ELEVATORS
A. Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators.
B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE - ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph:
This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators.
23. RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES
WHO IS INSURED is amended to include as Insureds natural persons who are retired partners, members, directors or employees, but only for bodily injury, property damage or personal and advertising injury that results from services performed for the Named Insured under the Named lnsured's direct supervision. All limitations that apply to employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision.
24. SUPPLEMENTARY PAYMENTS
The section entitled SUPPLEMENTARY PAYMENTS - COVERAGES A AND Bis amended as follows:
A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and
B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit.
25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named lnsured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure.
26. WAIVER OF SUBROGATION - BLANKET
Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following:
The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of:
1. the Named lnsured's ongoing operations; or
2. your work included in the products-completed operations hazard.
However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement:
CNA74858XX (1-15)
CONTINENTAL CASUALTY COMPANY
Insured Name: MOFFATT & NICHOL
Policy No: 6056712992
Endorsement No: 8
Effective Date: 11/22/ 2 0 2 3
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. iiiiiiii
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CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
1. is in effect or becomes effective during the term of this Coverage Part; and
2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim.
27. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation.
If the endorsement EXCLUSION - CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply:
A. The following wording is added to the above-referenced endorsement:
With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of:
1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named lnsured's ongoing operations at the project, or during such operations of anyone acting on the Named lnsured's behalf; nor
2. Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures.
B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c):
This insurance is excess over:
(c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named lnsured's involvement in that consolidated (wrap-up) insurance program.
C. DEFINITIONS is amended to add the following definitions:
Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.).
Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to:
1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and
2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures).
However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons.
CNA74858XX (1-15)
CONTINENTAL CASUALTY COMPANY
Insured Name: MOFFATT & NICHOL
Policy No: 6056712992
Endorsement No: 8
Effective Date: 11/22 / 2 O 2 3
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CNA CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.
CNA74858XX (1-15)
CONTINENTAL CASUALTY COMPANY
Insured Name: MOFFATT & NICHOL
Policy No: 6056712992
Endorsement No: 8
Effective Date: 11/22/ 2 O 2 3
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS
It is understood and agreed that:
If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective.
If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice.
Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record.
CNA68021XX (2-13) Policy No:
Effective Date:
Insured Name:
© CNA All Rights Reserved.
Policy #6056712992
CNA Business Auto Policy
Policy Endorsement
II EXTENDED COVERAGE ENDORSEMENT - BA PLUS
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
I. LIABIL TY COVERAGE
A. Who Is An Insured
The following is added to SECTION II, Paragraph A.1., Who Is An Insured:
1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A. 1. does not apply to any such entity that is an insured under any other liability policy providing auto coverage.
2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest.
The insurance afforded by this provision A.2.:
a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to:
( 1) Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or
(2) Any such organization that is an insured under any other liability policy providing auto coverage.
3. Any person or organization that you are obligated to provide Insurance where required by a written contract or agreement is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy.
4. An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business.
Policy, as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but:
1. Which are no longer in force; or
2. Whose limits have been exhausted.
B. Bail Bonds and Loss of Earnings
SECTION II, Paragraphs A.2.a.(2) and A.2.a.(4) are revised as follows:
1. In a.(2), the limit for the cost of bail bonds is increased from $2,000 to $5,000, and
2. In a.(4), the limit for the loss of earnings is increased from $250 to $500 a day.
C. Fellow Employee
SECTION II, Paragraph B.5 does not apply.
Form No: SCA 23 500 D ( 10-2011)
:Endorsement No: Page: 1 of 5
Underwriting Company: American Casualty Company Of Reading, PA, 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission.
Policy No: 6056712989
Policy Effective Date: 11/22/2023
CNA Business Auto Policy
Policy Endorsement
Such coverage as is afforded by this provision C. is excess over any other collectible insurance.
II. PHYSICAL DAMAGE COVERAGE
A. Towing
SECTION Ill. Paragraph A.2., is revised to include Light Trucks up to 10,000 pounds G.V.W.
B. Glass Breakage - Hitting A Bird Or Animal - Falling Objects Or Missiles The following is added to SECTION Ill, Paragraph A.3.:
With respect to any covered auto, any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced.
C. Transportation Expenses
SECTION Ill, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide:
a. $60 per day, in lieu of $20; subject to
b. $1,800 maximum, in lieu of $600.
D. Loss of Use Expenses
SECTION Ill, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide:
a. $1,000 maximum, in lieu of $600.
E. Personal Property
The following is added to SECTION Ill, Paragraph A.4.
c. We will pay up to $500 for loss to Personal Property which is:
( 1) Owned by an insured; and
(2) In or on the covered auto.
This coverage applies only in the event of a total theft of your covered auto.
This insurance is excess over any other collectible insurance and no deductible applies.
F. Rental Reimbursement
The following is added to SECTION Ill, Paragraph A.4.:
d. We will pay for rental reimbursement expenses incurred by you for the rental of an auto because of loss to a covered auto. Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered auto. No deductibles apply to this coverage.
1. We will pay only for those expenses incurred during the policy period beginning 24 hours after the loss and ending, regardless of the policy's expiration, with the lesser of the following number of days:
(a) The number of days reasonably required to repair or replace the covered auto; or, (b) 15 days.
2. Our payment is limited to the lesser of the following amounts:
(a) Necessary and actual expenses incurred; or,
(b) $25 per day subject to a maximum of $375.
Form No: SCA 23 500 D ( 10-2011)
Endorsement No: Page: 2 of 5
Underwriting Company: American Casualty Company Of Reading, PA, 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission.
Policy No: 6056712989
Policy Effective Date: 11/22/2023
CNA Business Auto Policy
Policy Endorsement
3. This coverage does not apply while there are spare or reserve autos available to you for your operations.
4. If loss results from the total theft of a covered auto of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension.
G. Hired "Autos"
The following is added to SECTION Ill. Paragraph A.:
5. Hired Autos
If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to:
a. Any covered auto you lease, hire, rent or borrow without a driver; and b. Any covered auto hired or rented by your employee without a driver, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business.
c. The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost of replacement or $75,000 whichever is less minus a $500 deductible for each covered auto. No deductible applies to loss caused by fire or lightning. d. The physical damage coverage as is provided by this provision will be limited to the types of physical damage coverage(s) provided on your owned autos. e. Such physical damage coverage for hired autos will:
(1) Include loss of use, provided it is the consequence of an accident for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern.
(2) Such coverage as is provided by this provision G.e.(1) will be subject to a limit of $750 per accident.
H. Airbag Coverage
The following is added to SECTION Ill, Paragraph B.3.
The accidental discharge of an airbag shall not be considered mechanical breakdown.
I. Electronic Equipment
SECTION Ill, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following:
c. Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories d. A $100 per occurrence deductible applies to the coverage provided by this provision.
J. Diminution In Value
The following is added to SECTION Ill, Paragraph B.6.
Subject to the following, the diminution in value exclusion does not apply to:
a. Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and Form No: SCA 23 500 D ( 10-2011)
Endorsement No: Page: 3 of 5
Underwriting Company: American Casualty Company Of Reading, PA, 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission.
Policy No: 6056712989
Policy Effective Date: 11/22/2023
CNA Business Auto Policy
Policy Endorsement
b. Any covered auto of the private passenger type hired or rented by your employee without a driver for a period of 30 days or less, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a diminution in value loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for loss to a covered auto in any one accident is the lesser of:
(1) $5,000; or
(2) 20% of the auto's actual cash value (ACV)
Ill. Drive Other Car Coverage - Executive Officers
The following is added to SECTIONS II and Ill:
1. Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your executive officers, except:
a. An auto owned by that executive officer or a member of that person's household; or b. An auto used by that executive officer while working in a business of selling, servicing, repairing or parking autos.
Such Liability and/or Physical Damage Coverage as is afforded by this provision will be:
( 1) Equal to the greatest of those coverages afforded any covered auto; and (2) Excess over any other collectible insurance.
2. For purposes of this provision, executive officer means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse.
Such executive officers are insureds while using a covered auto described in this provision.
IV. BUSINESS AUTO CONDITIONS
A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to SECTION IV, Paragraph A.2.a.
(4) Your employees may know of an accident or loss. This will not mean that you have such knowledge, unless such accident or loss is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager.
The following is added to SECTION IV, Paragraph A.2.b.
(6) Your employees may know of documents received concerning a claim or suit. This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager.
B. Concealment, Misrepresentation or Fraud
The following is added to SECTION IV, Paragraph B.2.
Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional.
C. Policy Period, Coverage Territory
SECTION IV, Paragraphs 7.(5).(a). is revised to provide:
Form No: SCA 23 500 D ( 10-2011)
Endorsement No: Page: 4 of 5
Underwriting Company: American Casualty Company Of Reading, PA, 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission.
Policy No: 6056712989
Policy Effective Date: 11/22/2023
CNA
a. 45 days of coverage in lieu of 30 days
V. DEFINITIONS
SECTION V. Paragraph C. is deleted and replaced by the following:
Business Auto Policy
Policy Endorsement
Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these
Form No: SCA 23 500 D ( 10-2011)
Endorsement No: Page: 5 of 5
Underwriting Company: American Casualty Company Of Reading, PA, 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission.
Policy No: 6056712989
Policy Effective Date: 11/22/2023
CNA
II ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY
Business Auto Policy
Policy Endorsement
It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows:
SCHEDULE
Name of Additional Insured Person Or Organization
ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT TO NAME AS AN ADDITIONAL INSURED.
1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy.
2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy.
All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy.
Form No: CNA71527XX ( 10-2012)
Endorsement No: Page: 1 of 1
Underwriting Company: American Casualty Company Of Reading, PA, 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved.
Policy No: 6056712989
Policy Effective Date: 11/22/2023
CNA
II WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
Business Auto Policy
Policy Endorsement
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured: MOFFATT & NICHOL
Endorsement Effective Date: 11/22/2023
SCHEDULE
Name(s) Of Person(s) Or Organization(s):
ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization.
Form No: CA 04 44 10 13
Endorsement No: Page: 1 of 1
Underwriting Company: American Casualty Company Of Reading, PA, 151 N Franklin St, Chicago, IL 60606 © Copyright Insurance Services Office, Inc., 2011
Policy No: 6056712989
Policy Effective Date: 11/22/2023
NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS
It is understood and agreed that:
If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective.
If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice.
Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record.
CNA68021XX (2-13) Policy No:
Effective Date:
Insured Name:
© CNA All Rights Reserved.
Policy #6056712989
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below.
This endorsement, effective 12:01 AM 11/22/2023
Issued to MOFFATT & NI CHOL
forms a part of Policy No. WC 19-39- 7906
By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.
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.
This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule.
Schedule
ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE
ENTERED INTO A CONTRACT, A CONDITION OF WHICH
REQUIRES YOU TO OBTAIN THIS WAIVER FROM US.
THIS ENDORSEMENT DOES NOT APPLY TO BENEFITS OR
DAMAGES PAID OR CLAIMED:
1. PURSUANT TO THE WORKERS' COMPENSATION OR
EMPLOYERS' LIABILITY LAWS OF KENTUCKY, NEW
HAMPSHIRE, OR NEW JERSEY; OR,
2. BECAUSE OF INJURY OCCURRING BEFORE YOU
ENTERED INTO SUCH A CONTRACT.
This form is not applicable in Kansas for private construction contracts as defined in K.S.A. 16-1801 through K.S.A 16-1807 or public construction contracts as defined in K.S.A. 16-1901 through 16-1908, except where permitted by statute or other applicable law, such as for use in wrap-up insurance programs.
Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual.
This form is not applicable in California, Kentucky, New Hampshire, New Jersey, Texas, or Utah.
WC 00 0313
(Ed. 04/84)
Countersigned by ----------------------
Authorized Representative
BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below.
(The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy).
This endorsement, effective 12:01 AM 11 /22 / 2023
Issued to MOFFATT & NI CHOL
forms a part of Policy No. WC19397907
By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.
We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization.
The additional premium for this endorsement shall be 2. 00 % of the total estimated workers compensation premium for this policy.
WC 04 03 61
(Ed. 11/90)
Authorized Representative
This endorsement, effective 12:01 a.m., 11/22/2023 forms a part of Policy No. DPR5020973
Issued to Moffatt & Nichol
by XL Specialty Insurance Company.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF POLICY CANCELLATION – BLANKET NOTICE TO DESIGNATED ENTITIES This endorsement modifies insurance provided under the following:
PROFESSIONAL, ENVIRONMENTAL AND NETWORK SECURITY LIABILITY POLICY – ARCHITECTS,
CONSULTANTS AND ENGINEERS
Section XI. OTHER CONDITIONS, Paragraph A. Cancellation is amended by the addition of the following:
In the event that the Company cancels or non-renews this Policy during the POLICY PERIOD, the Company agrees to provide thirty 30 days’ prior written notice of cancellation or non-renewal of this Policy to any entity with whom the NAMED INSURED agreed in a written contract or agreement would be provided with notice of cancellation or non-renewal of this Policy, provided that:
1. The Company receives, at least thirty (30) days prior to the date of cancellation or non-renewal, a written request from the NAMED INSURED to provide notice of cancellation to entities designated by the NAMED INSURED to receive such notice; and
2. The written request includes the name, address and email of each person or entity designated by the NAMED INSURED to receive such notice. The Company will assume that the list provided to the company by the NAMED INSURED is a complete and accurate list.
This endorsement does not apply to non-renewal of the Policy at the end of the POLICY PERIOD or cancellation of the Policy for non-payment of premium to a premium finance company authorized to cancel the Policy. Furthermore, nothing contained in this endorsement shall be construed to provide any rights under the Policy to the entities receiving notice of cancellation pursuant to this endorsement, nor shall this endorsement amend or alter the effective date of cancellation stated in the cancellation notice issued to the NAMED INSURED.
All other terms and conditions of the Policy remain unchanged.
LDD 465 0620 Page 1 of 1
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