Attachment Code: D587565 Master ID: 1491108, Certificate ID: 20021890 (2) "Bodily injury" or "property damage"
included within the "products -completed
operations hazard".
f. Any Other Party
Any other person or organization who is not
an additional insured under Paragraphs a.
through e. above, 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:
(1) In the performance of your ongoing
operations;
(2) In connection with your premises owned
by or rented to you; or
(3) In connection with "your work" and
included within the "products -completed
operations hazard", but only if
(a) The written contract or agreement
requires you to provide such coverage
to such additional insured; and
(b) This Coverage Part provides coverage
for "bodily injury" or "property damage"
included within the "products -
completed operations hazard".
However:
(1) The insurance afforded to such additional
insured only applies to the extent
permitted by law; and
(2) If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such
additional insured.
With respect to the insurance afforded to
these additional insureds, this insurance does
not apply to:
"Bodily injury", "property damage" or
"personal and advertising injury" arising out of
the rendering of, or the failure to render, any
professional architectural, engineering or
surveying services, including:
(1) The preparing, approving, or failing to
prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
specifications; or
(2) Supervisory, inspection, architectural or
engineering activities.
This exclusion applies even if the claims
against any insured allege negligence or
et royffi'go4ti@ lRo ifMh o ifi@rs
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage", or the offense which caused the
"personal and advertising injury", involved the
rendering of or the failure to render any
professional services by or for you.
The limits of insurance that apply to additional
insureds is described in Section III — Limits Of
Insurance.
How this insurance applies when other insurance
is available to the additional insured is described
in the Other Insurance Condition in Section IV —
Commercial General Liability Conditions.
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.
SECTION III - LIMITS OF INSURANCE
1. The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most we
will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
2. General Aggregate Limit
The General Aggregate Limit is the most we will
pay for the sum of:
a. Medical expenses under Coverage C;
b. Damages under Coverage A, except
damages because of "bodily injury" or
"property damage" included in the "products -
completed operations hazard"; and
c. Damages under Coverage B.
3. Products -Completed Operations Aggregate
Limit
The Products -Completed Operations Aggregate
Limit is the most we will pay under Coverage A
for damages because of "bodily injury" and
"property damage" included in the "products -
completed operations hazard".
4. Personal And Advertising Injury Limit
Subject to 2. above, the Personal and
Advertising Injury Limit is the most we will pay
under Coverage B for the sum of all damages
because of all "personal and advertising injury"
sustained by any one person or organization.
5. Each Occurrence Limit
Subject to 2. or 3. above, whichever applies, the
Each Occurrence Limit is the most we will pay for
the sum of:
a. Damages under Coverage A; and
Attachment Code: D587565 Master ID: 1491108, Certificate ID: 20021890 b. Medical expenses under Coverage C
because of all "bodily injury" and "property
damage" arising out of any one "occurrence".
6. Damage To Premises Rented To You Limit
Subject to 5. above, the Damage To Premises
Rented To You Limit is the most we will pay
under Coverage A for damages because of
"property damage" to any one premises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.
In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these.
7. Medical Expense Limit
Subject to 5. above, the Medical Expense Limit is
the most we will pay under Coverage C for all
medical expenses because of "bodily injury"
sustained by any one person.
8. How Limits Apply To Additional Insureds
If you have agreed in a written contract or written
agreement that another person or organization
be
added as an additional insured on your policy,
the most we will pay on behalf of such additional
insured is the lesser of:
a. The limits of insurance specified in the written
contract or written agreement; or
b. The Limits of Insurance shown in the
Declarations.
Such amount shall be a part of and not in
addition to Limits of Insurance shown in the
Declarations and described in this Section.
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months,
starting with the beginning of the policy period
shown in the Declarations, unless the policy period
is extended after issuance for an additional period of
less than 12 months. In that case, the additional
period will be deemed part of the last preceding
period for purposes of determining the Limits of
Insurance.
SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of the
insured's estate will not relieve us of our
obligations under this Coverage Part.
2. Duties In The Event Of Occurrence, Offense,
Claim Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to it
that we are notified as soon as practicable of
an "occurrence" or an offense which may
result in a claim. To the extent possible,
notice should include:
(1) How, when and where the "occurrence" or
offense took place;
(2) The names and addresses of any injured
persons and witnesses; and
(3) The nature and location of any injury or
damage arising out of the "occurrence" or
offense.
b. Notice Of Claim
If a claim is made or "suit" is brought against
any insured, you or any additional insured
must:
(1) Immediately record the specifics of the
claim or "suit" and the date received; and
(2) Notify us as soon as practicable.
You or any additional insured must see to it
that we receive written notice of the claim or
"suit" as soon as practicable.
c. Assistance And Cooperation Of The
Insured
You and any other involved insured must:
(1) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
claim or "suit";
(2) Authorize us to obtain records and other
information;
(3) Cooperate with us in the investigation or
settlement of the claim or defense against
the "suit"; and
(4) Assist us, upon our request, in the
enforcement of any right against any person
or organization which may be liable to the
insured because of injury or damage to
which this insurance may also apply.
d. Obligations At The Insureds Own Cost
No insured will, except at that insured's own
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent.
e. Additional Insureds Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered by
other insurance available to an additional
insured, such additional insured must submit
such claim or "suit" to the other insurer for
defense and indemnity.
However, this provision does not apply to the
extent that you have agreed in a written
HG 00 01 09 16
Attachment Code: D587565 Master ID: 1491108, Certificate ID: 20021890 contract or written agreement that this
insurance is primary and non-contributory
with the additional insured's own insurance.
f. Knowledge Of An Occurrence, Offense,
Claim Or Suit
Paragraphs a. and b. apply to you or to any
additional insured only when such
"occurrence", offense, claim or "suit" is known
to:
(1) You or any additional insured that is an
individual;
(2) Any partner, if you or the additional
insured is a partnership;
(3) Any manager, if you or the additional
insured is a limited liability company;
(4) Any "executive officer" or insurance
manager, if you or the additional insured is
a corporation;
(5) Any trustee, if you or the additional
insured is a trust; or
(6) Any elected or appointed official, if you or
the additional insured is a political
subdivision or public entity.
This duty applies separately to you and any
additional insured.
3. Legal Action Against Us
No person or organization has a right under this
Coverage Part:
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an
insured; or
b. To sue us on this Coverage Part unless all of
its terms have been fully complied with.
A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this Coverage Part or
that are in excess of the applicable limit of
insurance. An agreed settlement means a
settlement and release of liability signed by us,
the insured and the claimant or the claimant's
legal representative.
4. Other Insurance
If other valid and collectible insurance is
available to the insured for a loss we cover under
Coverages A or B of this Coverage Part, our
obligations are limited as follows:
a. Primary Insurance
This insurance is primary except when b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
b. Excess Insurance
This insurance is excess over any of the other
insurance, whether primary, excess,
contingent or on any other basis:
(1) Your Work
That is Fire, Extended Coverage, Builder's
Risk, Installation Risk or similar coverage
for "your work";
(2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you or
temporarily occupied by you with
permission of the owner;
(3) Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
"property damage" to premises rented to
you or temporarily occupied by you with
permission of the owner;
(4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance or
use of aircraft, "autos" or watercraft to the
extent not subject to Exclusion g. of
Section I — Coverage A — Bodily Injury
And Property Damage Liability;
(5) Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of "property damage"
to borrowed equipment or the use of
elevators to the extent not subject to
Exclusion j. of Section I - Coverage A -
Bodily Injury And Property Damage
Liability;
(6) When You Are Added As An Additional
Insured To Other Insurance
Any other insurance available to you
covering liability for damages arising out
of the premises or operations, or products
and completed operations, for which you
have been added as an additional insured
by that insurance; or
(7) When You Add Others As An
Additional Insured To This Insurance
Any other insurance available to an
additional insured.
However, the following provisions apply to
other insurance available to any person or
organization who is an additional insured
under this coverage part.
(a) Primary Insurance When Required
By Contract
This insurance is primary if you have
agreed in a written contract or written
agreement that this insurance be
primary. If other insurance is also
Attachment Code: D587565 Master ID: 1491108, Certificate ID: 20021890 primary, we will share with all that
other insurance by the method
described in c. below.
(b) Primary And Non -Contributory To
Other Insurance When Required By
Contract
If you have agreed in a written
contract, written agreement, or permit
that this insurance is primary and non-
contributory with the additional
insured's own insurance, this insurance
is primary and we will not seek
contribution from that other insurance.
Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an additional
insured.
When this insurance is excess, we will have
no duty under Coverages A or B to defend
the insured against any "suit" if any other
insurer has a duty to defend the insured
against that "suit". If no other insurer defends,
we will undertake to do so, but we will be
entitled to the insured's rights against all
those other insurers.
When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self -insured
amounts under all that other insurance.
We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the Declarations
of this Coverage Part.
c. Method Of Sharing
If all of the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach each
insurer contributes equal amounts until it has
paid its applicable limit of insurance or none
of the loss remains, whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer's share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.
5. Premium Audit
a. We will compute all premiums for this
Coverage Part in accordance with our rules
and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only.
At the close of each audit period we will
compute the earned premium for that period
and send notice to the first Named Insured.
The due date for audit and retrospective
premiums is the date shown as the due date
on the bill. If the sum of the advance and
audit premiums paid for the policy period is
greater than the earned premium, we will
return the excess to the first Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
computation, and send us copies at such
times as we may request.
6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
(1) The statements in the Declarations are
accurate and complete;
(2) Those statements are based upon
representations you made to us; and
(3) We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose Hazards
If unintentionally you should fail to disclose all
hazards relating to the conduct of your
business that exist at the inception date of
this Coverage Part, we shall not deny
coverage under this Coverage Part because
of such failure.
7. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned in
this Coverage Part to the first Named Insured,
this insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
claim is made or "suit" is brought.
8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or part
of any payment, including Supplementary
Payments, we have made under this
Coverage Part, those rights are transferred to
us. The insured must do nothing after loss to
HG 00 01 09 16 Page 17 of 21 Page 2732 of 2775
Attachment Code: D587565 Master ID: 1491108, Certificate ID: 20021890 impair them. At our request, the insured will
bring "suit" or transfer those rights to us and
help us enforce them.
b. Waiver Of Rights Of Recovery (Waiver Of
Subrogation)
If the insured has waived any rights of
recovery against any person or organization
for all or part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, we also waive that
right, provided the insured waived their rights
of recovery against such person or
organization in a contract, agreement or
permit that was executed prior to the injury or
damage.
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we
will mail or deliver to the first Named Insured
shown in the Declarations written notice of the
nonrenewal not less than 30 days before the
expiration date.
If notice is mailed, proof of mailing will be
sufficient proof of notice.
SECTION V - DEFINITIONS
1. "Advertisement" means the widespread public
dissemination of information or images that has
the purpose of inducing the sale of goods,
products or services through:
a. (1) Radio;
(2) Television;
(3) Billboard;
(4) Magazine;
(5) Newspaper; or
b. Any other publication that is given widespread
public distribution.
However, "advertisement" does not include:
a. The design, printed material, information or
images contained in, on or upon the
packaging or labeling of any goods or
products; or
b. An interactive conversation between or
among persons through a computer network.
2. "Advertising idea" means any idea for an
"advertisement".
3. "Asbestos hazard" means an exposure or
threat of exposure to the actual or alleged
properties of asbestos and includes the mere
presence of asbestos in any form.
4. "Auto" means:
a. A land motor vehicle, trailer or semitrailer
designed for travel on public roads, including
any attached machinery or equipment; or
b. Anv other land vehicle that is subiect to a
c pu sory or inancia response i i y iaw or
other motor vehicle insurance law where it is
licensed or principally garaged.
However, "auto" does not include "mobile
equipment".
5. "Bodily injury" means physical:
a. Injury;
b. Sickness; or
c. Disease
sustained by a person and, if arising out of the
above, mental anguish or death at any time.
6. "Coverage territory" means:
a. The United States of America (including its
territories and possessions), Puerto Rico and
Canada;
b. International waters or airspace, but only if
the injury or damage occurs in the course of
travel or transportation between any places
included in a. above; or
c. All other parts of the world if the injury or
damage arises out of:
(1) Goods or products made or sold by you in
the territory described in a. above;
(2) The activities of a person whose home is
in the territory described in a. above, but is
away for a short time on your business; or
(3) "Personal and advertising injury" offenses
that take place through the Internet or
similar electronic means of communication
provided the insured's responsibility to pay
damages is determined in the United States of
America (including its territories and possessions),
Puerto Rico or Canada, in a "suit" on the merits
according to the substantive law in such territory or
in a settlement we agree to.
7. "Employee" includes a "leased worker".
"Employee" does not include a "temporary
worker".
8. "Employment -Related Practices" means:
a. Refusal to employ that person;
b. Termination of that person's employment; or
c. Employment -related practices, policies, acts
or omissions, such as coercion, demotion,
evaluation, reassignment, discipline,
defamation, harassment, humiliation,
discrimination or malicious prosecution
directed at that person.
9. "Executive officer" means a person holding any
of the officer positions created by your charter,
constitution, by-laws or any other similar
governing document.
10."Hostile fire" means one which becomes
uncontrollable or breaks out from where it was
intended to be.
Attachment Code: D587565 Master ID: 1491108, Certificate ID: 20021890
11."Impaired property" means tangible property,
other than "your product" or "your work", that
cannot be used or is less useful because:
a. It incorporates "your product" or "your work"
that is known or thought to be defective,
deficient, inadequate or dangerous; or
b. You have failed to fulfill the terms of a
contract or agreement;
if such property can be restored to use by the
repair, replacement, adjustment or removal of
"your product" or "your work", or your fulfilling the
terms of the contract or agreement.
12."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, lightning or
explosion to premises while rented to you or
temporarily occupied by you with permission
of the owner is subject to the Damage to
Premises Rented To You Limit described in
Section III — Limits of Insurance;
b. A sidetrack agreement;
c. Any easement or license agreement,
including an easement or license agreement
in connection with construction or demolition
operations on or within 50 feet of a railroad;
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 your business (including an
indemnification of a municipality in connection
with work performed for a municipality) under
which you assume the tort liability of another
party to pay for "bodily injury" or "property
damage" to a third person or organization,
provided the "bodily injury" or "property
damage" is caused, in whole or in part, by
you or by those acting on your behalf. Tort
liability means a liability that would be
imposed by law in the absence of any
contract or agreement.
Paragraph f. includes that part of any contract
or agreement that indemnifies a railroad for
"bodily injury" or "property damage" arising
out of construction or demolition operations,
within 50 feet of any railroad property and
affecting any railroad bridge or trestle, tracks,
road -beds, tunnel, underpass or crossing.
However, Paragraph f. does not include that
part of any contract or agreement:
(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;
or
(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.
13."Leased worker" means a person leased to you
by a labor leasing firm under an agreement
between you and the labor leasing firm, to
perform duties related to the conduct of your
business. "Leased worker" does not include a
"temporary worker".
14."Loading or unloading" means the handling of
property:
a. After it is moved from the place where it is
accepted for movement into or onto an
aircraft, watercraft or "auto";
b. While it is in or on an aircraft, watercraft or
"auto"; or
c. While it is being moved from an aircraft,
watercraft or "auto" to the place where it is
finally delivered;
but "loading or unloading" does not include the
movement of property by means of a mechanical
device, other than a hand truck, that is not
attached to the aircraft, watercraft or "auto".
15."Mobile equipment" means any of the following
types of land vehicles, including any attached
machinery or equipment:
a. Bulldozers, farm machinery, forklifts and other
vehicles designed for use principally off public
roads;
b. Vehicles maintained for use solely on or next
to premises you own or rent;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not,
maintained primarily to provide mobility to
permanently mounted:
(1) Power cranes, shovels, loaders, diggers or
drills; or
(2) Road construction or resurfacing
equipment such as graders, scrapers or
rollers;
e. Vehicles not described in a., b., c. or d. above
that are not self-propelled and are maintained
HG 00 01 09 16
Attachment Code: D587565 Master ID: 1491108, Certificate ID: 20021890 primarily to provide mobility to permanently
attached equipment of the following types:
(1) Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well servicing equipment; or
(2) Cherry pickers and similar devices used to
raise or lower workers;
f. Vehicles not described in a., b., c. or d. above
maintained primarily for purposes other than
the transportation of persons or cargo.
However, self-propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipment" but will
be considered "autos":
(1) Equipment designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not
construction or resurfacing; or
(c) Street cleaning;
(2) Cherry pickers and similar devices
mounted on automobile or truck chassis
and used to raise or lower workers; and
(3) Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well servicing equipment.
However, "mobile equipment" does not include
any land vehicle that is subject to a compulsory
or financial responsibility law or other motor
vehicle insurance law where it is licensed or
principally garaged. Land vehicles subject to a
compulsory or financial responsibility law or other
motor vehicle insurance law are considered
"autos".
16."Occurrence" means an accident, including
continuous or repeated exposure to substantially
the same general harmful conditions.
17."Personal and advertising injury" means
injury, including consequential "bodily injury",
arising out of one or more of the following
offenses:
a. False arrest, detention or imprisonment;
b. Malicious prosecution;
c. The wrongful eviction from, wrongful entry
into, or invasion of the right of private
occupancy of a room, dwelling or premises
that a person or organization occupies,
committed by or on behalf of its owner,
landlord or lessor;
d. Oral, written or electronic publication, in any
manner, of material that slanders or libels a
person or organization or disparages a
person's or organization's goods, products or
services;
e. Oral, written or electronic publication, in any
manner, of material that violates a person's
right of privacy;
f. Copying, in your "advertisement", a person's
or organization's "advertising idea" or style of
"advertisement"; or
g. Infringement of copyright, slogan, or title of
any literary or artistic work, in your
"advertisement".
18."Pollutants" mean any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled,
reconditioned or reclaimed.
19."Products-completed operations hazard":
a. Includes all "bodily injury" and "property
damage" occurring away from premises you
own or rent and arising out of "your product"
or "your work" except:
(1) Products that are still in your physical
possession; or
(2) Work that has not yet been completed or
abandoned. However, "your work" will be
deemed completed at the earliest of the
following times:
(a) When all of the work called for in your
contract has been completed.
(b) When all of the work to be done at the
job site has been completed if your
contract calls for work at more than
one job site.
(c) When that part of the work done at a
job site has been put to its intended
use by any person or organization
other than another contractor or
subcontractor working on the same
project.
Work that may need service,
maintenance, correction, repair or
replacement, but which is otherwise
complete, will be treated as completed.
b. Does not include "bodily injury" or "property
damage" arising out of:
(1) The transportation of property, unless the
injury or damage arises out of a condition
in or on a vehicle not owned or operated
by you, and that condition was created by
the "loading or unloading" of that vehicle
by any insured;
(2) The existence of tools, uninstalled
equipment or abandoned or unused
materials; or
(3) Products or operations for which the
classification, listed in the Declarations or
in a policy Schedule, states that products -
Attachment Code: D587565 Master ID: 1491108, Certificate ID: 20021890 completed operations are subject to the
General Aggregate Limit.
20."Property damage" means:
a. Physical injury to tangible property, including
all resulting loss of use of that property. All
such loss of use shall be deemed to occur at
the time of the physical injury that caused it;
or
b. Loss of use of tangible property that is not
physically injured. All such loss of use shall
be deemed to occur at the time of the
"occurrence" that caused it.
As used in this definition, computerized or
electronically stored data, programs or software
are not tangible property. Electronic data means
information, facts or programs:
a. Stored as or on;
b. Created or used on; or
c. Transmitted to or from;
computer software, including systems and
applications software, hard or floppy disks, CD-
ROMS, tapes, drives, cells, data processing
devices or any other media which are used with
electronically controlled equipment.
21."Suit" means a civil proceeding in which
damages because of "bodily injury", "property
damage" or "personal and advertising injury" to
which this insurance applies are alleged. "Suit"
includes:
a. An arbitration proceeding in which such
damages are claimed and to which the
insured must submit or does submit with our
consent; or
b. Any other alternative dispute resolution
proceeding in which such damages are
claimed and to which the insured submits with
our consent.
22."Tem or worker" meads a erson who is
furnishedtryo you to substitute for a permanent
"employee" on leave or to meet seasonal or
short-term workload conditions.
23."Volunteer worker" means a person who
a. Is not your "employee";
b. Donates his or her work;
c. Acts at the direction of and within the scope
of duties determined by you; and
d. Is not paid a fee, salary or other
compensation by you or anyone else for their
work performed for you.
24."Your product":
a. Means:
(1) Any goods or products, other than real
property, manufactured, sold, handled,
distributed or disposed of by:
(a) You;
(b) Others trading under your name; or
(c) A person or organization whose
business or assets you have acquired;
and
(2) Containers (other than vehicles),
materials, parts or equipment furnished in
connection with such goods or products.
b. Includes
(1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use of
"your product"; and
(2) The providing of or failure to provide
warnings or instructions.
c. Does not include vending machines or other
property rented to or located for the use of
others but not sold.
25."Your work":
a. Means:
(1) Work or operations performed by you or
on your behalf; and
(2) Materials, parts or equipment furnished in
connection with such work or operations.
b. Includes
(1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use of
"your work", and
(2) The providing of or failure to provide
warnings or instructions.
HG 00 01 09 16
Attachment Code: D587565 Master ID: 1491108, Certificate ID: 20021890
Attachment Code: D587561 Master ID: 1491108, Certificate ID: 20021890 COMMERCIAL AUTOMOBILE Policy Number: 21 CSE S88601 HA 99 16 03 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL AUTOMOBILE BROAD FORM
ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply.
1. BROAD FORM INSURED
A. Subsidiaries and Newly Acquired or
Formed Organizations
The Named Insured shown in the
Declarations is amended to include:
(1) Any legal business entity other than a
partnership or joint venture, formed as a
subsidiary in which you have an
ownership interest of more than 50% on
the effective date of the Coverage Form.
However, the Named Insured does not
include any subsidiary that is an
"insured" under any other automobile
policy or would be an "insured" under
such a policy but for its termination or
the exhaustion of its Limit of Insurance.
(2) Any organization that is acquired or
formed by you and over which you
maintain majority ownership. However,
the Named Insured does not include any
newly formed or acquired organization:
(a) That is a partnership or joint
venture,
(b) That is an "insured" under any other
policy,
(c) That has exhausted its Limit of
Insurance under any other policy, or
(d) 180 days or more after its
acquisition or formation by you,
unless you have given us notice of
the acquisition or formation.
Coverage does not apply to "bodily
injury" or "property damage" that results
from an "accident" that occurred before
you formed or acquired the organization.
B. Employees as Insureds
Paragraph A.1. - WHO IS AN INSURED - of
SECTION II - LIABILITY COVERAGE is
amended to add:
d. Any "employee" of yours while using a
covered "auto" you don't own, hire or
borrow in your business or your
personal affairs.
C. Lessors as Insureds
Paragraph A.1. - WHO IS AN INSURED - of
Section II - Liability Coverage is amended to
add:
e. The lessor of a covered "auto" while the
"auto" is leased to you under a written
agreement if:
(1) The agreement requires you to
provide direct primary insurance for
the lessor and
(2) The "auto" is leased without a driver.
Such a leased "auto" will be considered a
covered "auto" you own and not a covered
"auto" you hire.
D. Additional Insured if Required by Contract
(1) Paragraph A.1. - WHO IS AN INSURED
- of Section II - Liability Coverage is
amended to add:
f. When you have agreed, in a written
contract or written agreement, that a
person or organization be added as
an additional insured on your
business auto policy, such person or
organization is an "insured", but only
to the extent such person or
organization is liable for "bodily
injury" or "property damage" caused
by the conduct of an "insured" under
paragraphs a. or b. of Who Is An
Insured with regard to the
ownership, maintenance or use of a
covered "auto."
Form HA 99 16 03 12
© 2011, The Hgrford , llde righted material
of ISO Profos, l .. vcii fs' rmission.)
Attachment Code: D587561 Master ID: 1491108, Certificate ID: 20021890 The insurance afforded to any such
additional insured applies only if the
"bodily injury" or "property damage"
occurs:
(1) During the policy period, and
(2) Subsequent to the execution of such
written contract, and
(3) Prior to the expiration of the period
of time that the written contract
requires such insurance be provided
to the additional insured.
(2) How Limits Apply
If you have agreed in a written contract
or written agreement that another
person or organization be added as an
additional insured on your policy, the
most we will pay on behalf of such
additional insured is the lesser of:
(a) The limits of insurance specified in
the written contract or written
agreement; or
(b) The Limits of Insurance shown in
the Declarations.
Such amount shall be a part of and not
in addition to Limits of Insurance shown
in the Declarations and described in this
Section.
(3)
Additional Insureds Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional
insured must submit such claim or "suit"
to the other insurer for defense and
indemnity.
However, this provision does not apply
to the extent that you have agreed in a
written contract or written agreement
that this insurance is primary and non-
contributory with the additional insured's
own insurance.
(4) Duties in The Event Of Accident, Claim,
Suit or Loss
If you have agreed in a written contract
or written agreement that another
person or organization be added as an
additional insured on your policy, the
"employee"
additional insured shall be required to
CONDITIONS 2. - DUTIES IN THE
EVENT OF ACCIDENT, CLAIM , SUIT
OR LOSS - OF SECTION IV -
BUSINESS AUTO CONDITIONS, in the
same manner as the Named Insured.
E. Primary and Non -Contributory if
Required by Contract
Only with respect to insurance provided to
an additional insured in 1.D. - Additional
Insured If Required by Contract, the
following provisions apply:
(3) Primary Insurance When Required By
Contract
This insurance is primary if you have
agreed in a written contract or written
agreement that this insurance be
primary. If other insurance is also
primary, we will share with all that other
insurance by the method described in
Other Insurance 5.d.
(4) Primary And Non -Contributory To Other
Insurance When Required By Contract
If you have agreed in a written contract
or written agreement that this insurance
is primary and non-contributory with the
additional insured's own insurance, this
insurance is primary and we will not
seek contribution from that other
insurance.
Paragraphs (3) and (4) do not apply to other
insurance to which the additional insured
has been added as an additional insured.
When this insurance is excess, we will have no
duty to defend the insured against any "suit" if
any other insurer has a duty to defend the
insured against that "suit". If no other insurer
defends, we will undertake to do so, but we will
be entitled to the insured's rights against all
those other insurers.
When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the sum
of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self -insured
amounts under all that other insurance.
We will share the remaining loss, if any, by the
method described in Other Insurance 5.d.
2. AUTOS RENTED BY EMPLOYEES
Any "auto" hired or rented by your
on your behalf and at your direction will be
The OTHER INSURANCE Condition is amended
by adding the following:
Form HA 99 16 03 12
© 2011, The Hgrford jcI ciRde righted material
of ISO Profos, l ., dBi fs'Ormission.)
Attachment Code: D587561 Master ID: 1491108, Certificate ID: 20021890 If an "employee's" personal insurance also
applies on an excess basis to a covered "auto"
hired or rented by your "employee" on your
behalf and at your direction, this insurance will
be primary to the "employee's" personal
insurance.
3. AMENDED FELLOW EMPLOYEE EXCLUSION
EXCLUSION 5. - FELLOW EMPLOYEE - of
SECTION II - LIABILITY COVERAGE does not
apply if you have workers' compensation
insurance in -force covering all of your
"employees".
Coverage is excess over any other collectible
insurance.
4. HIRED AUTO PHYSICAL DAMAGE COVERAGE
If hired "autos" are covered "autos" for Liability
Coverage and if Comprehensive, Specified
Causes of Loss, or Collision coverages are
provided under this Coverage Form for any
"auto" you own, then the Physical Damage
Coverages provided are extended to "autos" you
hire or borrow, subject to the following limit.
The most we will pay for "loss" to any hired
"auto" is:
(1) $100,000;
(2) The actual cash value of the damaged or
stolen property at the time of the "loss"; or
(3) The cost of repairing or replacing the
damaged or stolen property,
whichever is smallest, minus a deductible. The
deductible will be equal to the largest deductible
applicable to any owned "auto" for that
coverage. No deductible applies to "loss" caused
by fire or lightning. Hired Auto Physical
coverage is excess over any other collectible
insurance. Subject to the above limit, deductible
and excess provisions, we will provide coverage
equal to the broadest coverage applicable to any
covered "auto" you own.
We will also cover loss of use of the hired "auto"
if it results from an "accident", you are legally
liable and the lessor incurs an actual financial
loss, subject to a maximum of $1000 per
"accident".
This extension of coverage does not apply to
any "auto" you hire or borrow from any of your
"employees", partners (if you are a partnership),
members (if you are a limited liability company),
or members of their households.
5. PHYSICAL DAMAGE - ADDITIONAL
TEMPORARY TRANSPORTATION EXPENSE
COVERAGE
Paragraph A.4.a. of SECTION III - PHYSICAL
DAMAGE COVERAGE is amended to provide a
limit of $50 per day and a maximum limit of
$1,000.
6. LOAN/LEASE GAP COVERAGE
Under SECTION III - PHYSICAL DAMAGE
COVERAGE, in the event of a total "loss" to a
covered "auto", we will pay your additional legal
obligation for any difference between the actual
cash value of the "auto" at the time of the "loss"
and the "outstanding balance" of the loan/lease.
"Outstanding balance" means the amount you
owe on the loan/lease at the time of "loss" less
any amounts representing taxes; overdue
payments; penalties, interest or charges
resulting from overdue payments; additional
mileage charges; excess wear and tear charges;
lease termination fees; security deposits not
returned by the lessor; costs for extended
warranties, credit life Insurance, health, accident
or disability insurance purchased with the loan or
lease; and carry-over balances from previous
loans or leases.
7. AIRBAG COVERAGE
Under Paragraph B. EXCLUSIONS - of
SECTION III - PHYSICAL DAMAGE
COVERAGE, the following is added:
The exclusion relating to mechanical breakdown
does not apply to the accidental discharge of an
airbag.
8. ELECTRONIC EQUIPMENT - BROADENED
COVERAGE
a. The exceptions to Paragraphs B.4 -
EXCLUSIONS - of SECTION II I - PHYSICAL
DAMAGE COVERAGE are replaced by the
following:
Exclusions 4.c. and 4.d. do not apply to
equipment designed to be operated solely
by use of the power from the "auto's"
electrical system that, at the time of "loss",
is:
Permanently installed in or upon
the covered "auto";
Removable from a housing unit
which is permanently installed in
or upon the covered "auto";
An integral part of the same unit
housing any electronic
equipment described in
Paragraphs (1) and (2) above; or
Form HA 99 16 03 12
© 2011, The Her fa�i � 2 ighted material
of ISO Prope ies, Inc., with its permission.)
Attachment Code: D587561 Master ID: 1491108, Certificate ID: 20021890 (4) Necessary for the normal
operation of the covered "auto" or
the monitoring of the covered
"auto's" operating system.
b.Section III — Version CA 00 01 03 10 of the
Business Auto Coverage Form, Physical
Damage Coverage, Limit of Insurance,
Paragraph C.2 and Version CA 00 01 10 01 of
the Business Auto Coverage Form, Physical
Damage Coverage, Limit of Insurance,
Paragraph C are each amended to add the
following:
$1,500 is the most we will pay for "loss" in
any one "accident" to all electronic
equipment (other than equipment designed
solely for the reproduction of sound, and
accessories used with such equipment)
that reproduces, receives or transmits
audio, visual or data signals which, at the
time of "loss", is:
(1) Permanently installed in or upon
the covered "auto" in a housing,
opening or other location that is not
normally used by the "auto"
manufacturer for the installation of
such equipment;
(2) Removable from a permanently
installed housing unit as described
in Paragraph 2.a. above or is an
integral part of that equipment; or
(3) An integral part of such equipment.
c.For each covered "auto", should loss be limited
to electronic equipment only, our obligation to
pay for, repair, return or replace damaged or
stolen electronic equipment will be reduced by
the applicable deductible shown in the
Declarations, or $250, whichever deductible is
less.
9. EXTRA EXPENSE BROADENED
COVERAGE
Under Paragraph A. - COVERAGE - of SECTION
I II - PHYSICAL DAMAGE COVERAGE, we will
pay for the expense of returning a stolen covered
"auto" to you.
10. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Under Paragraph D. - DEDUCTIBLE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, the
following is added:
No deductible applies to glass damage if the
glass is repaired rather than replaced.
11. TWO OR MORE DEDUCTIBLES
Under Paragraph D. - DEDUCTIBLE - of SECTION
I II - PHYSICAL DAMAGE COVERAGE, the
following is added:
If another Hartford Financial Services Group,
Inc. company policy or coverage form that is not
an automobile policy or coverage form applies to
the same "accident", the following applies:
(1) If the deductible under this Business Auto
Coverage Form is the smaller (or smallest)
deductible, it will be waived;
(2) If the deductible under this Business Auto
Coverage Form is not the smaller (or
smallest) deductible, it will be reduced by
the amount of the smaller (or smallest)
deductible.
12. AMENDED DUTIES IN THE EVENT OF
ACCIDENT, CLAIM, SUIT OR LOSS
The requirement in LOSS CONDITIONS 2.a. -
DUTIES IN THE EVENT OF ACCIDENT,CLAIM,
SUIT OR LOSS - of SECTION IV - BUSINESS
AUTO CONDITIONS that you must notify us of
an "accident" applies only when the "accident" is
known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An executive officer or insurance manager, if
you are a corporation.
13. UNINTENTIONAL FAILURE TO DISCLOSE
HAZARDS
If you unintentionally fail to disclose any hazards
existing at the inception date of your policy, we
will not deny coverage under this Coverage
Form because of such failure.
14. HIRED AUTO - COVERAGE TERRITORY
Paragraph e. of GENERAL CONDITIONS 7. -
POLICY PERIOD, COVERAGE TERRITORY -
of SECTION IV - BUSINESS AUTO
CONDITIONS is replaced by the following:
e. For short-term hired "autos", the coverage
territory with respect to Liability Coverage is
anywhere in the world provided that if the
"insured's" responsibility to pay damages for
"bodily injury" or "property damage" is
determined in a "suit," the "suit" is brought in
the United States of America, the territories
and possessions of the United States of
America, Puerto Rico or Canada or in a
settlement we agree to.
15. WAIVER OF SUBROGATION
TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US - of SECTION IV -
BUSINESS AUTO CONDITIONS is amended by
adding the following:
Form HA 99 16 03 12
© 2011, The Hgrford ,(449ilwde niipAighted material
of ISO Profos, ., d fs'Ormission.)
Attachment Code: D587561 Master ID: 1491108, Certificate ID: 20021890 We waive any right of recovery we may have
against any person or organization with whom
you have a written contract that requires such
waiver because of payments we make for
damages under this Coverage Form.
16. RESULTANT MENTAL ANGUISH COVERAGE
The definition of "bodily injury" in SECTION V -
DEFINITIONS is replaced by the following:
"Bodily injury" means bodily injury, sickness or
disease sustained by any person, including
mental anguish or death resulting from any of
these.
17. EXTENDED CANCELLATION CONDITION
Paragraph 2. of the COMMON POLICY
CONDITIONS - CANCELLATION - applies
except as follows:
If we cancel for any reason other than
nonpayment of premium, we will mail or deliver
to the first Named Insured written notice of
cancellation at least 60 days before the effective
date of cancellation.
18. HYBRID, ELECTRIC, OR NATURAL GAS
VEHICLE PAYMENT COVERAGE
In the event of a total loss to a "non -hybrid" auto
for which Comprehensive, Specified Causes of
Loss, or Collision coverages are provided under
this Coverage Form, then such Physical
Damage Coverages are amended as follows:
a.lf the auto is replaced with a "hybrid" auto or
an auto powered solely by electricity or natural
gas, we will pay an additional 10%, to a
maximum of $2,500, of the "non -hybrid" auto's
actual cash value or replacement cost,
whichever is less,
b.The auto must be replaced and a copy of a bill
of sale or new lease agreement received by us
within 60 calendar days of the date of "loss,"
c.Regardless of the number of autos deemed a
total loss, the most we will pay under this
Hybrid, Electric, or Natural Gas Vehicle
Payment Coverage provision for any one
"loss" is $10,000.
For the purposes of the coverage provision,
a.A "non -hybrid" auto is defined as an auto that
uses only an internal combustion engine to
move the auto but does not include autos
powered solely by electricity or natural gas.
b.A "hybrid" auto is defined as an auto with an
internal combustion engine and one or more
electric motors; and that uses the internal
combustion engine and one or more electric
motors to move the auto, or the internal
combustion engine to charge one or more
electric motors, which move the auto.
19. VEHICLE WRAP COVERAGE
In the event of a total loss to an "auto" for which
Comprehensive, Specified Causes of Loss, or
Collision coverages are provided under this
Coverage Form, then such Physical Damage
Coverages are amended to add the following:
In addition to the actual cash value of the "auto",
we will pay up to $1,000 for vinyl vehicle wraps
which are displayed on the covered "auto" at the
time of total loss. Regardless of the number of
autos deemed a total loss, the most we will pay
under this Vehicle Wrap Coverage provision for
any one "loss" is $5,000. For purposes of this
coverage provision, signs or other graphics
painted or magnetically affixed to the vehicle are
not considered vehicle wraps.
Form HA 99 16 03 12
© 2011, The H fawl 72i2d8f 2eryyisighted material
of ISO Prope ies, Inc., with its permission.) Page 5 of 5
Attachment Code: D587561 Master ID: 1491108, Certificate ID: 20021890
Attachment Code: D587582 Master ID: 1491108, Certificate ID: 20021890 fi'llt
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER
FROM OTHERS ENDORSEMENT
Policy Number: 22 WB BR9RZL Endorsement Number:
Effective Date: 05/01/25 Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address: NV5 GLOBAL, INC.
200 S PARK RD STE 350
HOLLYWOOD FL 33021
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 shall not operate directly or indirectly to benefit anyone not named in the Schedule.
SCHEDULE
Any person or organization for whom you are required by contract or agreement to obtain this waiver from us.
Endorsement is not applicable in KY, NH, NJ or for any MO construction risk Countersigned by
Authorized Representative
Form WC 00 03 13 Printed in U.S.A.
Process Date: 05/06/25
Attachment Code: D587584 Master ID: 1491108, Certificate ID: 20021890 fi'llt
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: 22 WB BR9RZL Endorsement Number:
Effective Date: 05/01/25 Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address: NV5 GLOBAL, INC.
200 S PARK RD STE 350
HOLLYWOOD FL 33021
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.
SCHEDULE
Person or Organization Job Description
Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from US
Countersigned by
Authorized Representative
Form WC 04 03 06 (1) Printed in U.S.A.
Process Date: 05/06/25
Attachment Code: D662981 Master ID: 1491108, Certificate ID: 20021890 21 CSE S88600
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S)
This policy is subject to the following additional
Conditions:
If this policy is cancelled by the Company, other
than for nonpayment of premium, notice of such
cancellation will be provided to the certificate
holder(s) with mailing addresses on file with the
agent of record . Such notice will be provided
within 30 days of the Company's receipt of
certificate holders) inforrnatian from the agent of
record.
If notice is mailed, proof of mailing to the last
known mailing address of the certificate holder(s)
on file with the agent of record will be sufficient
proof of notice.
Any notification rights provided by this
endorsement apply only to active certificate
holder(s) who were issued a certificate of
insurance applicable to this policy's terra
Form IH 03 22 OB 12
Paff022746119P2{7051
Attachment Code: D662982 Master ID: 1491108, Certificate ID: 20021890 21 CSE S88601
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S)
This policy is subject to the following additional
Conditions:
If this policy is cararelled by the Company, other
than for nonpayment of premium, notice of such
cancellation will be provided to the certificate
holden(s) with mailing addresses on file with the
agent of record. Such notice will be provided
within 30 days of the Company's receipt of
certificate holders) information from the agent of
reecord.
If notice is mailed, proof of mailing to the last
known mailing address of the certificate holder(s)
Form IH 03 10 06 11
on file with the agent of record will be sufficient
proof of notice_
Any notification rights provided by this
endorsement apply only to active certificate
holder(s) who were issued a certificate of
insurance applicable to this policy's terra.
Failure to provide such notice to the certificate
holder(s) will riot amend or extend the date the
cancellation becomes effective, nor will it negate
cancellation of the policy. Failure to send notice
shall impose no liability cif any kind upon the
Company or its agents or representatives.
2011, The Hartford
Attachment Code: D662983 Master ID: 1491108, Certificate ID: 20021890 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S)
Policy Number: 22 WB BR9RZL Endorsement Number:
Effective Date: 05/01/25 Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address: NV5 GLOBAL, INC.
200 S PARK RD STE 350
HOLLYWOOD FL 33021
This policy is subject to the following additional
Conditions:
A. If this policy is cancelled by the Company, other than for non-payment of premium, notice of such
cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the
certificate holder(s) with mailing addresses on file
with the agent of record or the Company.
B. If this policy is cancelled by the Company for
non-payment of premium, or by the insured, notice
of such cancellation will be provided within ten (10)
days of the cancellation effective date to the
certificate holder(s) with mailing addresses on file
with the agent of record or the Company.
Form WC 99 03 94 Printed in U.S.A.
Process Date: 05/06/25
If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient
proof of notice.
Any notification rights provided by this endorsement
apply only to active certificate holder(s) who were
issued
a certificate of insurance applicable to this policy's term.
Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation
becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or
Policy Expiration Date: 05/01/26
27x40 df3 Vz5
BEAUMONT
-C A L I F O R N I A
Staff Report
TO: City Council
FROM: Darron Usher, Principal Management Analyst
DATE June 17, 2025
SUBJECT: Discussion of the City's Parking Citation Fees Description Discussion of a proposal to increase parking citation penalties to bring Beaumont's fine schedule in line with surrounding cities, improve compliance, and strengthen deterrence for parking violations.
Background and Analysis:
Enforcing parking citations has become increasingly challenging for the Police Department due to the relatively low fines currently in place, which may not effectively deter violations. This, combined with limited resources and growing traffic, has made it more difficult for the Police Department to ensure compliance and maintain public safety on the roads.
The City's current parking fines are lower than those in surrounding cities, according to a survey of 10 neighboring municipalities. Specific examples of discrepancies include:
• Registration violations: Beaumont's fine is $60.00, while the average penalty in neighboring cities is $70.00.
• Fire Lane (Red -curb, no -parking violations): Beaumont's fine is $35.00, while the average fine in neighboring cities is $67.00.
• Handicap parking violations: Beaumont's fine is $325.00, while the average penalty in neighboring cities is $340.00.
These discrepancies indicate that Beaumont's fines may not be serving as an effective deterrent for parking violations. Increasing the penalties across the board, except for commercial vehicle violations, would align Beaumont's fines with those of surrounding cities and encourage compliance.
Staff proposes an increase in certain parking violations, in line with our neighboring cities of Banning, Calimesa, Yucaipa, and Murrieta (see Attachment A).
The proposed fine increases will serve multiple purposes:
1. Align Beaumont's fines with neighboring cities: The proposed penalties will bring Beaumont's fines more in line with the surrounding cities, improving fairness and consistency.
2. Strengthen deterrence against parking violations: With higher penalties, drivers will have a greater incentive to comply with parking regulations, reducing violations and improving public safety.
3. Improve public safety and aesthetics: Parking violations, particularly those involving fire hydrants, red curbs, and handicap spaces, can create safety hazards and unsightly conditions in neighborhoods. Increasing fines will encourage drivers to park responsibly, addressing these concerns.
4. Encourage vehicle upkeep: Raising fines for registration violations will encourage residents to pay their registration fees and maintain their vehicles, reducing the number of unregistered vehicles parked in public spaces.
Fiscal Impact:
The proposed increase in parking fines may result in a modest increase in revenue from citations. However, the primary benefit is the reduction of parking violations and improvement of safety and aesthetics in the city.
The estimated cost of preparing this staff report is $300.
Recommended Action:
Discuss and direct staff to bring a public hearing back for Council consideration.
Attachments:
A. Parking Citations for Surrounding Cities
Violation
Banning
Calimesa
Yucaipa
Murrieta
Riverside
Montclair
Rancho
Cucamonga
Ontario
Chino
Fontana
High School
Parking
N/A (Not
published)
N/A (Not
published)
N/A (Not
published)
$35 (student
parked outside
designated area)
N/A (Not
published)
p )
N/A (Not
published)
N/A (Not published)
$42.50
$47.50
N/A (Not
published)
p )
On or Across
Sidewalk
,,,$45 (typical)
�$45
(typical)
ical
—$45 (typical)
(
—$45 (typical)
(typical) —$45 $43
$192
$50.00
$47.50
$50
Fire Lane
—$67 (typical)
—$6
(typical)
—$67 (typical)
—$67 (typical)
—$67 (typical)
$106
$108
$80.00
$97.50
$100
Over 18" from
Right Curb
- $45 (typical)
—$45
(typical)
—$45 (typical)
—$45 (typical)
—$45 (typical)
$43
NA
$63.00
$47.50
$50
Unauthorized
Disabled Space
$340
(minimum)
$340
(minimum)
$340 (minimum)
$340 (minimum)
$340-$410
(range; not
less than $250
by law)
$278
$485
$330.00
$312.50
$500
Within 15' of Fire
Hydrant
—$45(typical)
�$45
(typical)
—$45(typical)
—$45(typical)
—$45 (typical)
$43
$132
$80.00
$72.50
$100
Blocking
Driveway
—$43 (typical)
�$43
(typical)
—$43 (typical)
—$43 (typical)
—$43 (typical)
$43
$70
$50.00
$47.50
$50
License Plate Not
Displayed
—$46(typical)
�$46
(typical)
—$46(typical)
—$46(typical)
—$46 ) ical
(
$79
$156
$80
N/A (Not
published)
$108
Expired
Registration Tabs
$70 (typical)
$70
(typical)
$70 (typical)
$70 (typical)
$70 (typical)
$79
$0
Unknown
$97.50
$108
Within 20' of
Crosswalk (new
law)
N/A (Not yet
set)
N/A (Not
yet set)
N/A (Not yet
set)
N/A (Not yet set)
$77.50
(expected
under new AB
413
"Daylighting"
law)
N/A (Not
published)
N/A (Not published)
N/A (Not
published)
N/A (Not
published)
N/A (Not
published)
Parking Violation
Late Fee (added
after due date)
—$35 (after 21
days)
—$35 (after
21 days)
—$35 (after 21
days)
—$35 (after 21
days)
—$35 (after 21
days)
$25
$59
$50
$25
$50
BEAUMONT
-C A L I F O R N I A-7
Staff Report
TO: City Council
FROM: Robert L. Vestal, Public Works Director
Vincent Lopez, Project Manager
DATE: June 17, 2025
SUBJECT: Beaumont Transit Yard Update
Description Receive and file an update for the Beaumont Transit Yard.
Background and Analysis:
On May 21, 2019, the City Council approved the purchase agreement of a 6.15 -acre undeveloped parcel of land located at the southwest corner of Veile Avenue and Fourth Street (Assessor Parcel Number 417-110-018-3) for $2,500,000. The property was purchased using 41.1% Transit funds and 58.9% Wastewater Treatment Plant (WWTP) funds. While Transit is expected to be the primary user of the new site, there may be some shared use of administrative and storage space by other departments, including WWTP. A final determination of use and any necessary reimbursements to the WWTP fund will be made once space allocations are finalized.
The City proposes developing a new Transit Yard on the subject 6.15 -acre parcel. This facility would primarily be utilized by the City's Transit and Fleet Maintenance Departments and will include:
• Administrative Operations Facility;
• Vehicle Maintenance Facility;
• Hydrogen Fueling Station;
• Compressed Natural Gas (CNG) Fueling Station;
• Electric Vehicle (EV) Charging Infrastructure;
• warehouse building;
• an outdoor secured storage area; and
• designated parking spaces.
On July 16, 2024, the City Council awarded a Professional Services Agreement (PSA) to Gillis + Panichapan Architects, Inc. (GPa) to prepare full plans, specifications, and estimates for the construction of the new Beaumont Transit Yard. To date, GPa has
been working with City Staff on various site layouts and schematic designs for the Administration Building, the Fleet Maintenance Building, and both public and private fueling stations. Attached for consideration and discussion is a presentation for the Beaumont Transit Yard, complete with renderings of the facilities.
Fiscal Impact:
The recommended action will not have a significant fiscal impact as the Project is being funded with Transit funds and WWTP funds.
The cost to prepare this staff report is estimated to be $350.
Recommended Action:
Receive and file an update for the Beaumont Transit Yard.
Attachments:
A. Presentation — Beaumont Transit Yard
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BEAUMONT
-C A L I F O R N I A
Staff Report
TO: City Council
FROM: Elizabeth Gibbs, City Manager
Darron Usher, Principal Management Analyst
DATE June 17, 2025
SUBJECT: Legislative Update Discussion — June 2025
Description This report provides a summary of key legislative bills that may impact the City of Beaumont. These bills cover a range of topics, including public safety, law enforcement policies, planning, and zoning, as well as local governance.
Background and Analysis:
The California legislature is currently reviewing several bills that could significantly affect local governance and operations in Beaumont. On May 23, 2025, the first House Appropriations Suspense File Hearings took place. These hearings determine which bills will advance and which will be held (effectively stopping further progress until the following legislative session).
Key Legislative Bills Still Moving Forward:
1. AB 339 (Ortega) — Notice Requirements for Outsourcing (Oppose) Status: Assembly Third Reading File
Summary: Imposes a 120 -day notice requirement for outsourcing and a 30 -day meet -and -confer period if requested by the bargaining unit.
Action: Letter of opposition submitted.
2. AB 306 (Schulz, Rivas) — Building Regulations: State Standards (Oppose) Status: Referred to Housing Committee
Summary: Moratorium on new city code updates.
Action: Letter of opposition submitted.
3. AB 735 (Carillo) — Logistics Use: Truck Routes (Support) Status: Assembly Third Reading File
Summary: Modifies logistics development standards and air quality monitoring.
Action: Supported.
4. SB 415 (Reyes) — Planning and Zoning: Logistics Use (Support) Status: Senate Third Reading File
Summary: Enhances logistics definitions and truck routing requirements.
Action: Supported.
5. AB 914 (Garcia) — Air Pollution: Indirect Sources
Status: Assembly Third Reading File
Summary: Addresses emissions from indirect sources, including warehouses.
Action: Under review.
6. AB 538 (Berman) — Public Works: Payroll Records
Status: Assembly Third Reading File
Summary: Requires electronic submission of certified payroll records.
Action: Under review.
7. AB 712 (Wicks) — Housing Reform Enforcement
Status: Referred to Housing and Judiciary Committees
Summary: Grants HCD new enforcement tools for housing element compliance.
Action: Under review.
8. AB 942 (Calderon) — Net Energy Metering
Status: Assembly Third Reading File
Summary: Revises net energy metering tariffs for eligible customer -generators.
Action: Under review.
9. AB 920 (Caloza) — Permit Streamlining for Housing
Status: Referred to Senate Rules
Summary: Creates a centralized application portal for housing developments.
Action: Under review.
10. SB 31 (McNerney) — Recycled Water (Support)
Status: Senate Consent Calendar
Summary: Supports recycled water for non -potable use.
Action: Supported.
11. SB 346 (Durazo) - Short -Term Rental Facilitators
Status: Sent to Assembly
Summary: Adds new rules for rental platforms.
Action: Under review.
12.SB 79 (Wiener) — Transit -Oriented Development
Status: Senate Second Reading File
Summary: Promotes housing near transit.
Action: Under review.
Bills That Did Not Move Forward from Suspense:
The following bills were held in the Appropriations Suspense File and will not advance further this session. They may be acted upon again in January 2026, in the new legislative session:
• AB 1022 (Kalra) — Vehicle Removal Authority
Implication: Would have limited local vehicle impounding authority.
Action: Letter of opposition submitted.
• AB 1060 (Avila Farias) — Legal Fee Disclosure
Implication: Required disclosure of unredacted city attorney invoices.
Action: Letter of opposition submitted.
• AB 1198 (Haney) — Prevailing Wage on Public Works
Implication: Would expand prevailing wage requirements.
Action: Under review.
• AB 569 (Stefani) — Pension Reform Exceptions
Implication: Created exceptions for supplemental benefit plans.
Action: Under review.
• SB 496 (Hurtado) — Advanced Clean Fleets Exemptions
Implication: Would have allowed more flexibility under CARB regulations.
Action: Under review.
• SB 815 (Allen and Stern) — Planning in Fire Hazard Zones Implication: Placed strict rules on building in high -risk fire zones.
Action: Under review.
Fiscal Impact:
There is no immediate fiscal impact as a result of the legislative updates, but several of these bills may require additional resources for implementation, such as policy updates, training, and compliance monitoring. Costs for the City of Beaumont could arise in areas such as legal services, law enforcement training, and planning -related expenses.
The estimated cost of preparing this staff report is $300.
Recommended Action:
Receive and file. These bills fall within the adopted 2025 Legislative Platform.
GOVERNMENTAL FUNDS
Beginning Fund Balance
(unaudited)
FY 2025 Budgeted May Activity FYTD 2025 Actual
Revenues Receipts
FY 2025 Budgeted May Activity FYTD 2025 Actual
Expenditures Disbursements
%
T/D Ending Fund
Balance
100 GENERAL FUND 41,960,431.31 69,405,070.00 4,344,493.87 55,016,949.76 79% 80,293,700.00 4,148,394.13 42,094,004.01 52% 54,883,377.06 120 SELF INSURANCE 6,898,220.84 160,000.00 - 224,088.29 0% 230,820.00 - 210,818.85 0% 6,911,490.28 200 GAS TAX 140,030.09 1,565,135.00 76,121.16 1,362,311.88 87% 1,565,135.00 934,008.08 60% 568,333.89 201 SB1 2,712,032.90 1,449,419.00 - 1,260,193.70 87% 2,349,111.00 - 900,890.00 38% 3,071,336.60 202 MEASURE A 2,310,642.29 923,257.00 684,101.52 74% 1,534,800.00 688,001.00 45% 2,306,742.81 205 AQMD 248,371.12 71,431.00 - 64,644.71 90% 265,500.00 - 93,274.73 0% 219,741.10 210 PEG 42,675.23 12,367.00 6,651.37 54% 23,934.40 8,634.40 0% 40,692.20 215 CDBG/GRANTS 91,549.17 6,357,565.00 (17,186.05) 622,111.66 10% 10,588,091.00 - 1,396,081.81 13% (682,420.98) 220 COPS 530,104.40 105,237.00 229,155.38 218% 343,467.00 31,950.95 280,116.78 82% 479,143.00 225 ASSET SEIZURES (STATE) 303,353.90 2,944.00 365.35 25,693.56 0% 286,462.00 - 218,799.96 0% 110,247.50 230 ASSET SEIZURES (FEDERAL) 100,705.72 597.00 14.08 20,648.02 0% - 0% 121,353.74 240 OTHER FUNDS 522,798.79 75,756.00 36,374.75 182,161.23 240% 257,145.22 - 115,776.66 45% 589,183.36 250 CFD-ADMIN 1,367,147.35 1,366,197.00 3,740.36 1,061,336.04 78% 1,713,672.00 15,588.24 1,122,721.60 66% 1,305,761.79 255 CFD-MAINT SVCS 258,933.93 4,811,910.00 2,489,026.07 5,315,514.08 110% 5,346,769.00 0 1,703,438.50 32% 3,871,009.51 260 CFD-PUBLIC SAFETY 552,116.41 1,589,899.00 918,605.46 1,911,831.41 120% 1,587,924.00 793,962.00 50% 1,669,985.82 500 GENERAL CAPITAL PROJECTS 51,057,566.07 139,703,835.00 19,744.85 15,873,717.47 11% 178,180,230.00 1,250,030.87 20,091,754.35 11% 46,839,529.19 510 CFD CAPITAL PROJECTS 12,616,801.13 2,127.00 367,731.25 0% 8,394,734.00 2,792,176.32 0% 10,192,356.06 550 DIF 7,032.71 - - 1,165.65 0% - 0% 8,198.36
552 BASIC SERVICES DIF 1,193,509.06 222,523.00 11,851.90 183,103.19 82% 34,356.00 908.69 0% 1,375,703.56 554 GENERAL PLAN DIF 262,150.44 22,475.00 1,030.60 21,279.25 95% - 0% 283,429.69 555 RECREATIONAL FACILITIES DIF 2,959,965.64 349,589.00 31,948.60 365,379.27 105% 900,000.00 - 0% 3,325,344.91 556 TRAFFIC IMPACT DIF 1,252,418.95 135,510.00 - 103,707.74 77% 1,255,712.00 - 115,735.46 0% 1,240,391.23 557 PARKLAND DIF - - 2,356.00 27,079.04 0%
558 RAILROAD CROSSING DIF 2,431,181.44 164,743.00 16,489.60 198,919.04 121% 126,387.00 - 126,287.33 0% 2,503,813.15 559 POLICE FACILITIES DIF 2,087,989.95 253,688.00 38,005.06 238,853.72 94% 780,447.00 8,758.36 190,443.18 0% 2,136,400.49 560 FIRE STATION DIF 1,701,881.57 301,752.00 16,489.60 132,268.90 44% 914,321.00 - 68,548.33 0% 1,765,602.14 562 ROAD AND BRIDGE DIF 15,420,454.39 1,192,000.00 74,718.50 1,304,993.30 109% 11,566,029.00 1,573,698.41 0% 15,151,749.28 563 STORM DRAIN - 1,282.48 3,534.09
565 TRAILS DEVELOPMENT DIF - - 641.24 1,767.06 0% 0% 1,767.06 566 EMERGENCY PREPAREDNESS DIF 1,129,129.20 301,712.00 669.92 188,450.45 62% - - 0% 1,317,579.65 567 COMMUNITY PARK DIF 3,493,326.22 1,090,088.00 1,519.00 162,913.11 15% 4,318,218.00 1,057,263.61 0% 2,598,975.72 568 REGIONAL PARK DIF 1,894,922.68 1,413.00 - 63,059.67 0% 1,842,925.00 - 101,077.99 0% 1,856,904.36 569 NEIGHBORHOOD PARK DIF 4,396,488.78 1,337,895.00 1,860.00 206,501.13 15% 1,349,000.00 0% 4,602,989.91 570 PASS THROUGH DIF 5,570,397.73 - (30.26) 0% 6,362,815.00 - 359,212.10 0% 5,211,155.37 850 Beaumont Financing Authority 34,409,674.12 3,079,842.00 12,406.83 1,460,661.93 47% 3,079,842.00 3,079,841.79 0% 32,790,494.26 855 Beaumont Public Improvement Authorit 36,629,322.63 3,153,743.00 166.86 890,736.58 28% 3,153,743.00 - 3,153,742.58 0% 34,366,316.63 TOTALS 159,943,931.68 232,977,416.48 8,084,987.70 87,428,281.85 38% 328,645,289.62 5,454,722.55 83,271,218.52 25% 170,666,712.44
PROPRIETARY/ENTERPRISE FUNDS
564 RECYCLED WATER DIF
600 INTERNAL SERVICE FUND
700 WASTEWATER
705 WASTEWATER DIF
710 WASTEWATER CAPITAL PRO
750 TRANSIT
755 Transit GASB 68 Fund
760 TRANSIT CAPITAL PROJECTS
TOTALS
Beginning Fund
FY 2025
Estimated
Balance (unaudited) Revenues
4,752,948.08
9,719,886.39
7,598,525.02
10,315,901.62
102,999,422.07
(75,904.84)
414,398.61
4,997,496.25
May Activity
FYTD 2025 Actual
Revenues
FY 2025
Budgeted May Activity
Expenditures
FYTD 2025
Actual
Expenditures
% T/D Ending Fund
Balance
332,463.00 14,943.70 369,989.41 111% 1,943,687.00 - 272,710.77 0% 4,850,226.72 1,578,920.00 1,415,824.66 90% 4,169,193.00 117,387.75 1,008,354.87 24% 10,127,356.18 14,830,049.00 2,574,144.26 14,083,038.23 95% 14,891,189.00 740,461.77 12,335,968.47 83% 9,345,594.78 2,041,765.00 157,166.50 2,134,601.98 105% 8,162,910.00 - 666,342.20 8% 11,784,161.40 15,630,847.00 13.94 6,945,425.19 44% 18,163,627.00 166,489.27 7,308,809.11 40% 102,636,038.15 3,278,071.00 4,727.35 2,781,424.93 85% 3,278,071.00 355,326.52 2,661,455.30 81% 44,064.79 - 0% - - 0% 414,398.61
21,754,638.00 5,693,360.98 26% 21,754,638.00 5,693,360.98 26% 4,997,496.25 140,722,673.20 59,446,753.00 2,750,995.75 33,423,665.38 56% 72,363,315.00 1,379,665.31 29,947,001.70 41% 144,199,336.88
PROPRIETARY/ENTERPRISE FUNDS
840 Community Facilities District
860 Evidence
TOTALS
FY 2025
Beginning Fund Estimated May Activity
Balance (unaudited) Revenues
(210,016,093.23)
21,849.78
(209,994,243.45) 20,753,937.00 10,787,084.23 40,464,126.39 195% 20,144,790.00 39,019,194.37 194% (208,549,311.43) 20,753,937.00
10,828,020.25
(40,936.02)
FYTD 2025 Actual
Revenues
40,497,769.68
(33,643.29)
FY 2025
Budgeted May Activity
Expenditures
195% 20,144,790.00
FYTD 2025 Actual
Expenditures
T/D Ending Fund
Balance
39,019,194.37 0% (208,537,517.92)
(11,793.51)