F. RESUMES
CONTACT INFO
[email protected]
EXPERIENCE
28 years
EDUCATION
B.S. Civil Engineering
LICENSES/
CERTIFICATES
Civil Engineer (CA)
No. 69107
N
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5 TAMARA O'NEAL, PE
Lead Project Manager
Ms. O'Neal has more than 28 years of experience in municipal and private engineering services, including capital improvement and development review project management, sewer rehabilitation design and planning, stormwater quality regulatory, reporting and review services, asset management, floodplain development services and environmental restoration services. In addition to having direct public agency employment experience, Ms. O'Neal has provided extension of staff services on a consultant basis for numerous cities, as well as water and sanitation districts in San Diego, Orange and Los Angeles counties.
Project Experience
On -Call Plan Check + Public Works Inspection Services
CITY OF BEAUMONT I BEAUMONT, CA
Project Manager. Ms. O'Neal is providing the City with review of as -needed private development projects and public works inspection services. Reviews include improvement, sewer and storm drain plans, hydrology and hydraulic reports, water quality reports, geotechnical reports, structural calculations and cost estimates.
NV5 is assisting the City with the development of checklists, standard notes, unit price lists and other documents to standardize and streamline the review/ inspection process.
City Engineering & Extension of Staff Services
CITY OF BRAWLEY I BRAWLEY, CA
Acting City Engineer. Ms. O'Neal is providing city engineering services to the City, including serving as a senior point of contact for city staff, providing signatures as required, and overseeing department operations with the support of an on -site Deputy designated by the City. Additionally, NV5 is assisting the City in the development of City Standard Drawings, Design Specifications and Design Guidelines for capital improvement projects and new private development projects.
City Engineering Services
CITY OF DEL MAR I DEL MAR, CA
Engineering Development Review Manager. Ms. O'Neal served as an extension of the City's staff in reviewing proposed development projects, preparing conditions of approval and providing project coordination services and plan check reviews for conformance with City standards and project conditions. She was responsible for ensuring compliance with the City's Clean Water Program and performing construction inspections. She assisted with preparation of the City Engineering long- and short-term Capital Improvement Program and preparation of the associated two- and five-year City budgets. She represented the City Engineering department at regional transportation and Clean Water technical working groups.
She prepared staff reports, resolutions, ordinances, and compliance reporting documents for satisfaction of a variety of State mandates. She also provided technical support at City management and community outreach meetings, and was instrumental in the preparation of the City's Clean Water compliance reporting documents and program implementation. She represented City Engineering staff in coordinating with City residents and local development professionals on a wide variety of issues and requests for assistance.
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Interim City Engineer/Associate Engineer
CITY OF LEMON GROVE I LEMON GROVE, CA
Acting City Engineer. Ms. O'Neal was the only staff -level civil engineer at the City of Lemon Grove, active in all aspects of Engineering Department operations. She was responsible for supervision of staff, representation at City Council meetings, and management of multiple capital improvement and land development projects, including the review of drawings, maps, plans, specifications, estimates and reports relating to a variety of private and public construction projects. She prepared correspondence, managed subconsultants and assisted technicians and field staff as needed. She conferred with other City personnel, representatives of public and private agencies and the public regarding problems, projects and complaints.
Capital Improvement Projects
CITIES OF DEL MAR, DANA POINT, IMPERIAL BEACH, CHULA VISTA, ENCINITAS, LEMON GROVE, VISTA, ESCONDIDO, SAN DIEGO I
SOUTHERN CALIFORNIA
Ms. O'Neal has served as extension of staff for many local agency engineering departments. Her responsibilities have included assisting with project design and contract administration for Capital Improvement Programs.
Representative projects have included pavement management, facilities improvements, ADA assessment and design, Master Plan updates and storm drain improvements, sewer repair, traffic calming, open space and roadway beautification, and park, sidewalk and storm drain design. She has represented agency clients on numerous regional technical committees and coordinated with local and state agencies for Capital Improvement Project programming, funding and reporting purposes.
Plan Check Services
CITY OF DESERT HOT SPRINGS I DESERT HOT SPRINGS, CA
Project Manager. Ms. O'Neal is overseeing the team providing on -call engineering plan check services. Services include the review of grading and improvement plans, hydrology and hydraulic reports, geotechnical reports, water quality treatment and erosion control, title documents and review against project conditions of approval for residential, commercial and industrial development applications.
On -Call Plan Check Services
CITY OF MENIFEE I MENIFEE, CA
Project Manager. Ms. O'Neal was the project manager on two contracts awarded by the City of Menifee to support development review and to provide design of capital projects. NV5 was retained to work with City staff in reviewing development projects for conformance to City codes and other development standards. NV5 is also providing design of a new bridge on Bradley Road to replace an existing low flow crossing at Salt Creek channel that causes a roadway closure even in light rain events.
On -Call Civil & Water Quality Management Plan Check Services
COUNTY OF SAN BERNARDINO I SAN BERNARDINO, CA
Ms. O'Neal is providing engineering development review services for a variety of projects ranging from single-family development to large, multi -phase subdivisions and commercial projects with significant public infrastructure requirements. NV5 reviewed Hydraulic and Hydrologic Analysis, Water Quality Management Plans (WQMPs), erosion control plans, soils reports, private grading and public improvement plans for conformance with project conditions of approval and compliance with County requirements.
Plan Check of Water Quality Management Plan Hydrology Reports and Plan Check Services
COUNTY OF RIVERSIDE TRANSPORTATION DEPARTMENT I RIVERSIDE, CA Project Manager. Ms. O'Neal serves as the Project Manager overseeing plan checking of WQMP (Water Quality Management Plan) and Hydrology Reports associated with new development and redevelopment projects, and plan check services for private development projects for compliance with the county's MS4 permits and the Riverside County WQMP for Urban Runoff. Review of P-WQMPs, F-WQMPs, Hydraulic and Hydrology reports, floodplain studies, and grading plans.
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CONTACT INFO
[email protected]
EXPERIENCE
23 years
EDUCATION
M.S. Civil Engineering
B.S. Civil Engineering
LICENSES/
CERTIFICATES
Civil Engineer (CA)
No. 68926
AFFILIATIONS
American Society of Civil
Engineers
WateReuse San Diego and
Inland Empire Chapters
N
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5 ANDREA THOMAS, PE
Project/Program Manager
Ms. Thomas has over 23 years of experience in the civil engineering field, including project management, construction management, customer service, payroll/project accounting, and labor and contract compliance.
Project Experience
On -Call Plan Check + Public Works Inspection Services
CITY OF BEAUMONT I BEAUMONT, CA
Plan Check Engineer. Ms. Thomas is part of the team providing review of private and public works development projects, as well as public works inspection services to the City. Our team reviews a variety of development applications —from several thousand lots, multiphase planned residential developments to proposed floodplain development and structural review of bridges. Reviews include improvement, grading, and erosion control plans, sewer and storm drain plans, hydrology and hydraulic reports, water quality reports, geotechnical reports, structural calculations, and cost estimates. NV5 has also been providing stormwater management support for construction, MS4, and Industrial permits as staff extension to the City.
Project Management, Construction Management & Inspection Services
CITY OF POWAY I POWAY, CA
Ms. Thomas' responsibilities included maintaining responsible charge of approximately 50 Capital Improvement projects during all phases of a project life cycle, managing and maintaining productive working relationships across departments to productively include all stakeholders, and setting up procedures and creating training materials in support of Virtual Project Management software for department use on all capital projects. She also prepared and delivered presentations to City Council in support of resolution adoptions, contract awards, project acceptance, and funding requests. Ms. Thomas also managed multiple construction projects concurrently, including field inspections, RFIs, and change orders, coordinated and delivered the design, contract negotiations, contracts, and construction of Poway's Annual Pavement Management Program. The program coordinates separate, concurrent, and time -constrained construction contracts for asphalt repair, slurry coating, and striping improvements.
Engineering and Capital Improvement Projects
CITY OF SAN DIEGO I SAN DIEGO, CA
Associate Civil Engineer. Ms. Thomas was responsible for managing federal grant projects citywide from allocation to completed construction, reviewing and evaluating plans for tenant improvements, ADA improvements, and grant applications. She also prepared RFPs, specifications and bid advertisements, coordinated environmental permit processes and funding documents on behalf of grant awardees for City Council approval, and reviewed projects in progress for emerging stormwater regulation and compliance with SWPPPs and BMPs.
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CONTACT INFO
arsanious.hanna
@nv5.com
EXPERIENCE
30+ years
EDUCATION
B.S. Civil Engineering
LICENSES/
CERTIFICATES
Civil Engineer (CA)
No. 70743
Civil Engineer (CO)
No. 0061094
Civil Engineer (AZ)
No. 38772
Civil Engineer (TX)
No. 142591
ICC Certified Building
Official
ICC Certified Building
Plans Examiner
QSD
CA Safety Assessment
Coordinator (SAP)
AFFILIATIONS
American Public Works
Association (APWA)
American Society of Civil
Engineers (ASCE)
California Building Officials
(CALBO)
International Code Council
(ICC)
N
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5 ARSANIOUS HANNA, PE, CBO, QSD
Project/Program Manager
Mr. Hanna has more than 30 years of experience in public works and city engineering, including design, plan check, building and safety, project management, construction management and personnel management from the planning and design phases through construction. He has held various positions at public agencies, including five years at the City of Irwindale and more than 17 years at the County of Los Angeles Public Works Department. He has managed capital improvement programs, reviewed and approved plans and managed construction of contract work for compliance with plans and specifications.
Project Experience
Engineering Director, City Engineer and Building Official
CITY OF IRWINDALE I IRWINDALE, CA
Engineering Director. Mr. Hanna oversaw the City's Public Works engineering operations. His responsibilities included providing full responsibility for all Public Works Department services and activities, including engineering services, new development service, capital improvement projects, traffic engineering, mining operation, building and safety and assessment districts. He provided full management responsibility for all engineering activities, including Citywide engineering, right-of-way acquisition, public infrastructure, Capital Improvement Program design, public works construction, construction management, project inspection, and contract management. Mr. Hanna managed the development and implementation of departmental short- and long-term goals, objectives, and priorities for each assigned service area; recommended and administered policies and procedures.
Senior Plan Check Engineer
LOS ANGELES COUNTY PUBLIC WORKS, BUILDING & SAFETY DIVISION I ALHAMBRA, CA Senior Plan Check Engineer. Mr. Hanna provided senior -level management and plan check services to the County's Building & Safety Division. Los Angeles County Public Works is one of the largest municipal public works agencies in the United States. His responsibilities included planning, organizing, assigning and directing staff and programs. He assisted the CB0 by preparing, updating, and recommending new building standards. He coordinated various agencies or departments in the permit application process and managed City/County contractors and building code enforcement personnel to provide corrective actions for building code violations.
On -Call Civil & Water Quality Management Plan Check Services
COUNTY OF SAN BERNARDINO I SAN BERNARDINO COUNTY, CA
Plan Check Engineer. Mr. Hanna is part of the NV5 team that is providing engineering development review services for a variety of projects ranging from single-family development to large, multi -phase subdivisions and commercial projects with significant public infrastructure requirements. NV5 reviews Hydraulic and Hydrologic Analysis, Water Quality Management Plans (WQMPs), erosion control plans, soils reports, private grading and public improvement plans for conformance with project conditions of approval and compliance with County requirements.
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CONTACT INFO
[email protected]
EXPERIENCE
35 years
EDUCATION
B.S. Civil Engineering
LICENSES/
CERTIFICATES
Civil Engineer (CA)
No. 51209
Traffic Engineer (CA)
No. 2541
N
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5 GERALD TOM, PE, TE
Project/Program Manager
Mr. Tom has 35 years of progressive experience in design, technical specifications preparation, construction management, project management and personnel management. He has a thorough understanding of project management from the planning and design phases through the construction phase. His tasks have included preparing schedules, project budgets and materials and labor specifications, as well as coordinating with multiple stakeholders. He has held various positions at cities, for which he has managed capital improvement programs, reviewed and approved plans and managed construction of contract work for compliance with plans and specifications.
Project Experience
City Engineering (Staff Augmentation)
CITY OF LAGUNA WOODS I LAGUNA WOODS. CA
City Engineer/Traffic Engineer. Mr. Tom and our team provide traffic and general engineering services on an as -needed basis. Services include: conducting and reviewing traffic engineering, traffic analysis, and transportation planning studies; providing analysis of existing and projected traffic conditions; providing electronic traffic control device studies and design; performing pedestrian studies; plan check services; and reviewing new development projects involving traffic impact analysis, modeling, and road impact fee analyses.
On -Call City Engineering (Staff Augmentation)
CITY OF LA HABRA HEIGHTS I LA HABRA HEIGHTS, CA
City Engineer. Mr. Tom and our team provide comprehensive engineering services for assistance with project management, construction management and inspection, civil engineering design, NPDES, reviewing preliminary grading on planning applications, plan check applications, plan check for engineering and grading, review and approval of tentative and final tract maps, and other services typically provided to a municipality. Mr. Tom also provides plan check services for all City plan reviews.
Senior Civil Engineer
CITY OF GLENDALE PUBLIC WORKS, TRAFFIC AND TRANSPORTATION DIVISION I GLENDALE, CA Senior Civil Engineer. As Senior Civil Engineer, Mr. Tom's duties included:
• Managing the Traffic and Transportation Capital Improvement Program.
Projects included Traffic Signal Improvements, Street Improvements involving signing and striping improvements, At -Grade Railroad Crossing Improvements, Intelligent Traffic System Improvements, Pedestrian Improvements, and Safe Routes to Schools
• Preparing schedules, project budgets, and specifications for materials and Tabor
• Drafting and reviewing reports and specifications, including construction schedules, environmental impact studies and project designs • Evaluating transportation systems and traffic control devices to determine need for modification
• Coordinating with contractors, utility companies, and government agencies to implement projects
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CONTACT INFO
hamid.torkamanha
@nv5.com
HAMID TORKAMANHA, PE
Project/Program Manager
EXPERIENCE
35 years
EDUCATION
M.S. Civil Engineering/
Water Resources
B.S. Civil Engineering
LICENSES/
CERTIFICATES
Civil Engineer (CA)
No. 49805
Caltrans Value Engineering
Workshop
Caltrans Project
Engineering Academy
OCTA Project Manager
Academy
Intergraph and In -Road
Workshop
N
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5 Mr. Torkamanha has more than 35 years of experience providing project design, project management, construction observation and construction management of various public works and land development projects, with a focus on transportation projects. He is experienced in providing program management and coordination with various agencies; preparing and monitoring budgets and schedules; and providing leadership, training and supervision to professional and technical staff.
Project Experience
City Engineering (Staff Augmentation)
CITY OF VILLA PARK I VILLA PARK, CA
City Engineer. Mr. Torkamanha is serving as a consultant City Engineer for the City of Villa Park. NV5 plays a role in helping the City Council and City Staff make appropriate decisions regarding City infrastructure. We provide a wide range of general engineering services, including: plan checking; developing, reviewing, and modifying engineering plans, designs and specifications for public works projects; implementing modern methods and techniques used in the design and construction of a variety of projects; providing construction management and inspection for a broad range of municipal public works projects; federal funding administration; and technical report writing.
Project Management Services
ORANGE COUNTY TRANSPORTATION AUTHORITY I ORANGE, CA
Senior Project Manager III. Mr. Torkamanha managed and coordinated transportation projects through planning, funding, environmental, design and construction. He provided program management and coordination with FHWA, Caltrans, state, and local governmental agencies. He oversaw multiple consultants while maintaining quality control over the process and keeping the projects on schedule and within budget. He ensured appropriate allocation of project cost, completion of milestones, and changes to project scope in accordance with budget and funding availability. He attended meetings and conducted presentations for various agencies and public organizations on behalf of OCTA. Other duties included preparing cooperative agreements with Caltrans and other local agencies; and providing support in developing public outreach plans.
Senior Civil Engineer
CITY OF SANTA ANA I SANTA ANA, CA
Senior Civil Engineer. Mr. Torkamanha managed and supervised engineering staff to prepare plans and specifications for public works projects. He reviewed plans and specifications prepared by staff and consultants. He also assisted in the preparation and monitoring of the Engineering Division's budget and assisted in the development of Engineering Division policies and administrative procedures.
Representative projects include:
• Managing design of Local Street Improvements($100M/Year) • Managing design of intersection widening for Dyer Road and Grand Avenue, Bristol Street and Warner Avenue ($5.5M)
• Managing design of Flower Street Bike Trail ($1.6M)
• Managing design of McFadden Avenue from Standard Avenue to Maple Street ($1.3M)
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AZAM M. AZIMI, PH.D., PE
Project/Program Manager
EXPERIENCE
25+ years
EDUCATION
Ph.D. Civil Engineering
M.S. Structural
Engineering
B.S. Civil Engineering
LICENSES/
CERTIFICATES
Civil Engineer (NC)
No. 022555
OSHA Certifications
Contract Officer Technical
Representative (COTR)
Certifications
AFFILIATIONS
American Society of Civil
Engineers (ASCE)
American Society of
Highway Engineers (ASH E)
N
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5 Mr. Azimi has 25 -plus years of engineering experience including planning, design, construction management and field inspection of buildings and other infrastructure including bridges, culverts, retaining walls, highways, toll roads, transit, water and wastewater, and airports. He has extensive experience with contract management, project management, program management, constructability, and value engineering. Mr. Azimi also has experience in safety, health, and environment compliance; SWPPP; and environmental remediation.
He is well versed in coordination with clients, contractors, Caltrans, and other stakeholders. He is fluent in English, Japanese, Persian, and some Arabic.
Project Experience
Project Management Services for CIP
CITY OF IRVINE I IRVINE, CA
Project Manager. Mr. Azimi served as full-time Project Manager as an extension of City Staff to assist the City with managing its many CIP projects with the goal of maintaining and improving the City's facilities. Tasks included writing Requests for Proposals to acquire engineering and construction management services, assisting the City with the bidding and award of construction projects, assisting with Staff Reports, and overseeing and developing projects throughout the City under the direction of, and reporting directly to, the City.
California High Speed Rail
ARCADIS I CALIFORNIA
Senior Construction Manager. Mr. Azimi worked on the California High Speed Rail, a mega project of over $3B involving design -build. The project extends more than 65 miles in California's Central Valley. It includes 33 grade separations including viaducts, culverts, retaining walls underpasses, and overpasses. The project is subject to the oversight requirements of the Federal Railroad Administration.
His responsibilities included: coordinating and managing people, materials, and equipment as well as ensuring the contractor's compliance with the client's safety policies and conducting safety assessments as required by the client; overseeing coordination with project staff to outline work plans, assign duties, responsibilities, and scope of authority; as the lead construction manager, interfacing with the client, program manager, design -builder, and numerous third parties.
Green Tree Boulevard Extension
VICTORVILLE, CA
Senior Resident Engineer/Construction Manager. Mr. Azimi was responsible for construction and overall contract quality management oversight, staff training and supervision, administration, CPI, risk and issue managements, and coordination with all stakeholders of Green Tree Boulevard Extension project in Victorville, Calif.
The project included roadway, culverts, a retaining wall and a post -tension pre- stressed box girder bridge. He oversaw the field inspections, regularly met with the contractor and maintained accurate, clear, and complete reports and detailed records. Mr. Azimi reviewed, commented, and processed the construction plans, RFI, NCR, and submittals, and he provided other field construction inspection as needed.
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CONTACT INFO
[email protected]
EXPERIENCE
28 years
EDUCATION
M.S. Civil Engineering
B.S. Civil Engineering
LICENSES/
CERTIFICATES
Civil Engineer (CA)
No. 56780
Envision Sustainability
Professional (CA)
No. 10891
Qualified SWPPP
Developer/Qualified
SWPPP Practitioner
No. 00046 (CASQA)
Trainer of Record for QSD/
QSP No. 00046
AFFILIATIONS
American Society of Civil
Engineers
N
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5 MATTHEW MOORE, PE, ENV SP, QSD/P, TOR
Project/Program Manager
Mr. Moore brings more than 28 years of experience in water resources, including hydrologic and hydraulic engineering design for flood control, drainage, green infrastructure, water quality, and erosion control facilities. His work includes FEMA Flood Insurance Rate Map letters of map amendment/revision (LOMA/R) review for FEMA and preparation of floodplain studies and LOMRs for developers and municipalities. He has extensive experience in hydrologic and hydraulic analyses, including preparation of storm drainage plans and stormwater quality best management practices (BMP) design and documentation. Mr. Moore served on the technical advisory committee for the development of the first San Diego County LID Manual and the San Diego County Hydrology Manual update.
Project Experience
Lake Drive Storm Drain Improvements
CITY OF ENCINITAS ' ENCINITAS, CA
Technical Design Lead. Mr. Moore is providing technical oversight and direction on the preparation of final design Plans, Specifications, and Estimate (PS&E) for this project, which consists of removal and replacement of approximately 2,000 LF of existing 48 -inch Corrugated Metal Pipe (CMP) and associated appurtenances from the curb inlet along Lake Drive west through the canyon to I-5 (just before crossing under the freeway). The existing improvements will be replaced with new pipes and appurtenances of similar size and a suitable material. The new storm drain will generally follow the same alignment to preserve existing hydraulic conditions and minimize site disturbances as much as possible. NV5 is also providing topographic survey and geotechnical design for this project.
On -Call Plan Check + Public Works Inspection Services
CITY OF BEAUMONT I BEAUMONT, CF
Plan Check Engineer. Mr. Moore is providing review of as -needed private development projects. Services include subdivision and parcel map review, grading, public and private street and utility improvements, storm drain, sewer, erosion control, geotechnical, hydrology/hydraulic, structural, water quality/NPDES, and landscape reviews.
On -Call Civil & Water Quality Management Plan Check Services
COUNTY OF SAN BERNARDINO I SAN BERNARDINO, CA
Plan Check Engineer. Mr. Moore is providing engineering development review services for a variety of projects ranging from single-family developments to large, multiphase subdivisions and commercial projects with significant public infrastructure requirements. NV5 reviews Hydraulic and Hydrologic Analyses, Water Quality Management Plans (WQMPs), erosion control plans, soils reports, private grading and public improvement plans.
On -Call Public Off -site Improvement Plan Check Services
CITY OF FONTANA I FONTANA, CA
Plan Check Engineer. Mr. Moore is part of the team that provides plan check services for various street, street lighting, sewer, and storm drain plans, hydrology and hydraulics reports, soils reports, and specifications in compliance with City Design Standards, Municipal Code, Development Code, and State Regulations.
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CONTACT INFO
jennifer.peterson
@nv5.com
=XPERIENCE
27 years
EDUCATION
B.S. Civil Engineering
(Environmental)
LICENSES/
CERTIFICATES
Civil Engineer (CA)
No. 67821
Qualified SWPPP
Developer/Qualified
SWPPP Practitioner
(CA) No. 00502 (CASQA)
Certified Floodplain
Manager
Certified Professional
in Erosion & Sediment
Control
LEED Accredited
Professional
AWARDS + HONORS
2024 Outstanding
Service Award for
contributions to CASQA's
Construction General
Permit Training Team
N
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5 JENNIFER PETERSON, PE, CFM, QSD/P, CPESC, LEED AP
Project/Program Manager
Ms. Peterson is an engineering manager with 27 years of focused experience working in the water resources field and managing stormwater projects. She has managed stormwater programs for various agencies throughout the state, which has included preparation and review of technical water quality documents, creating tools and processes for efficient plan check reviews, stormwater training, review and editing of technical specifications, and management of various stakeholders and subconsultant staff. She is an experienced project manager with a proven track record of delivering projects on time and within budget.
Project Experience
On -Call Plan Check + Public Works Inspection Services
CITY OF BEAUMONT I BEAUMONT, CA
Project Engineer. Ms. Peterson is responsible for reviewing all water quality technical reports in compliance with local municipal requirements and provided construction inspection and stormwater training for City staff. NV5 reviews all plans and associated technical reports for clarity, format, completeness, and conformance to the City's grading and roadway criteria, industry -standard design procedures, permit requirements, and conditions of development.
Haun and Holland Road Widening
CITY OF MENIFEE I MENIFEE. CA
Water Quality Specialist. Ms. Peterson provided engineering design services for the Haun Road and Holland Road Intersection Improvements. Services performed included finalizing roadway plan sheets, title sheets, and typical sections and detail sheets for the intersection improvements, completing signing and striping plans, coordinating the relocation of the existing air release valve with Eastern Municipal Water District, preparation of 90% and 100% submittals and addressing the City review comments.
Mecca Boys and Girls Club WQMP
RIVERSIDE COUNTY I MECCA, CA
Project Manager. Ms. Peterson served as the project manager for the preparation of a preliminary water quality management plan for the club site. The site incorporated an on -site detention basin for flood control and for water quality purposes. The project is the development of a 30,000 -square -foot club with a teen center, computer lab, homework help center, gym, indoor basketball courts, arts and crafts areas, boxing club, and an outdoor patio.
East Valley Parkway Improvements
CITY OF ESCONDIDO I ESCONDIDO, CA
Project Engineer. Ms. Peterson was responsible for water quality design and stormwater permits for the 1/2 -mile widening of East Valley Parkway and Valley Center Road to prime arterial standards between Beven Drive and the northerly City limits where it joined improvements previously constructed by the County. The project eliminated a traffic bottleneck and features a bridge widening, traffic signal modifications, streetscape design, preparation of right-of-way documents and environmental services. Ms. Peterson was also the QSP during construction and helped the City respond to various requests from the RWQCB.
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CONTACT INFO
[email protected]
EXPERIENCE
37 years
EDUCATION
B.S. Civil Engineering
LICENSES/
CERTIFICATES
Civil Engineer (CA)
No. 45612
AFFILIATIONS
American Public Works
Association
American Society of Civil
Engineers
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5 JIM DALY, PE
Construction Manager
Mr. Daly has more than 37 years of experience managing both horizontal and vertical capital improvement projects. As Assistant Deputy Director (Road Maintenance) for the County of Los Angeles, Mr. Daly managed approximately 500 employees responsible for the maintenance and repair of roadways, sidewalks, and parkway trees. He has experience managing myriad projects — including federally funded — for various departments, including Parks and Recreation, Beaches and Harbors, and Public Library departments, and has managed and designed flood control facilities, including storm drains and pump plants.
Project Experience
Principal Engineer
LOS ANGELES COUNTY PUBLIC WORKS
Principal Engineer. Mr. Daly managed field operations with a staff of 125 employees maintaining and improving roads, sidewalks, parkway trees, spreading grounds, debris basins, channels, pump plants, and ocean outlets. He managed Capital Project Improvement Projects for various County Departments, including Parks and Recreation, Beaches and Harbor, and Public Library. These projects included many complex projects requiring extensive coordination with local, state, and federal agencies.
East L.A. Civic Center and Library Improvements
LOS ANGELES COUNTY PUBLIC WORKS I LOS ANGELES, CA
Project Director. Mr. Daly oversaw the $32M facility and ADA improvements project, which included modification of the fishing lake, picnic areas and outdoor stage. The project also included the refurbishment of the former library to provide a one -stop office for residents. The $7.2M library project included the construction of a new 26,000 -square -foot facility, additional parking, artwork and redesigned outdoor spaces.
Bastanchury Road Widening
CITY OFYORBA LINDA I YORBA LINDA, CA
Assistant Construction Manager. Mr. Daly is assisting with construction management services on the Bastanchury Road Widening project between Casa Lorna Avenue and Eureka Avenue. The scope of work includes adding a second lane in each direction along with a two-way turn lane in the median; elevating portions of the roadway center line up to 6 feet; constructing retaining walls/ structures; installation of traffic signals at the intersections of Bastanchury Road/ Casa Loma Avenue and Bastanchury Road/Eureka Avenue; and installation of new bike lanes, a multipurpose trail, and sidewalk/parkway improvements with new irrigation and landscaping. NV5 is also providing on -site welding inspection of a water line. Project considerations include coordination with an adjacent tract home development that is undergoing construction improvements; coordination with the Yorba Linda Water District; and coordination with utilities for relocations that will be made before the road widening.
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CONTACT INFO
[email protected]
LUANNE BEAN, PE
Construction Manager
EXPERIENCE
35 years
EDUCATION
M.S. Civil Engineering
B.S. Civil Engineering
LICENSES
Civil Engineer (CA)
No. 50129
Former Class A General
Engineering Contractor
REGISTRATIONS
FEMA OPS - I
HAZMAT First Responder/
Operations Level
DOT Offers of Bulk
and Non -Bulk HAZMAT
Packages
Nuclear Waste Safety
for Workers
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5 Ms. Bean has more than 35 years of experience in the engineering, design, and construction of water and wastewater projects. As a Registered Civil Engineer and a former Class A General Engineering Contractor, Ms. Bean has seen construction from both sides of the fence. Her technical skills include specialized structural analysis and design of large 600-MGD water treatment plants, pipelines up to 12 feet in diameter, mechanical analysis, SCADA & I&C oversight and coordination, the preparation of engineering plans, specifications and cost estimates, as well as construction management. She has held various positions with many public agencies, including Structural Discipline Director for Southern Nevada Water Authority's $6B CIP program, for which she specialized in structural and forensic analysis and Project Manager for the Metropolitan Water District.
Project Experience
Project Management Services for Various CIP
CITY OF EL MONTE I EL MONTE, CA
Project Manager. Ms. Bean oversees NV5's contract with the City providing as - needed project management services on various Capital Improvements Projects, including augmentation of City staff. Ms. Bean is providing Project Management Services to the City on various Capital Improvements Projects. Projects include the following:
• Cypress Avenue Emergency Project
• Staff Augmentation Project Manager
• Active Transportation for EI Monte Station and Downtown EI Monte Project (CIP 890)
• Miscellaneous Project Oversight for 2022, 2023 and 2024 • Merced Avenue Traffic Calming Project (CIP 003)
• EI Monte Regional Bicycle Commuter Access Improvement Project (CIP 016) • Nevada-Bodger Sewer Improvements (CIP 005 and CIP 038) • Garvey Avenue Storm Drain Project (CIP 884)
• Bus Stop Improvement Project
• Santa Anita Active Transportation Program Cycle (CIP 890) On -Call Project Management and Construction Management Services
CITY OF IRVINE I IRVINE, CA
Project Manager. Ms. Bean oversees NV5's contract with the City providing as - needed project management and construction management services, including augmentation of City staff. As part of this contract, she has served as Project and Construction Manager for a $1.5M pool replastering project for the William Woollett Jr. Aquatics Center that involved restoring and resurfacing three pools.
Ms. Bean was also the Project Manager for the $280K exterior rehabilitation and painting for the Heritage Park Community Center and two other buildings in the park.
City of Beaumont I City Staff Augmentation and Project Management Services I aye JOU UI JUJU
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CONTACT INFO
[email protected]
EXPERIENCE
25 years
EDUCATION
B.S. Civil Engineering
LICENSES
Civil Engineer (CA)
No. 63159
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5 PETER SALGADO, PE
Construction Manager
With 25 years of experience, Mr. Salgado has managed and delivered a variety of public works projects, including street improvements, vertical construction and tenant improvements, parks and landscaping improvements, and water, sewer and storm drain improvements. Working with a variety of agencies, he is thoroughly familiar with local, state and federal procedures. As a construction manager, his specific duties include supervising inspectors; reviewing project plans, specifications, and cost estimates; maintaining cost and schedule control, including developing and updating the master schedule; managing the bid/ award process; administering consultant and construction contracts; conducting weekly progress meetings; processing and tracking project correspondence and documentation; reviewing, evaluating and negotiating construction change orders; preparing and presenting staff reports for City Council and Board of Directors; facilitating work related to warranties; and managing project closeout.
Project Experience
Margarita Recreation Center
CITY OF TEMECULA I TEMECULA, CA
Project Manager. Mr. Salgado oversaw NV5's team who provided Owner's Representative services for the reconstruction of the Margarita Recreation Center.
This Design -Build (DB) project demolished the existing facility and replaced it with a new 8,500 -square -foot building and 25 -yard outdoor pool. The new facility includes a zero -depth, warm water, wheelchair accessible six -lane pool, dance/ fitness studio, classroom, and multi -purpose room. As part of its services, NV5 provided preliminary engineering and geotechnical design, project management, construction management, resident inspection, geotechnical and materials testing and deputy inspection, and environmental and land surveying. In concert with City staff, NV5 prepared the design bridging documents and the DB Request for Proposal and assisted the City with the DB contract Advertising and Award process.
It also included a CPM schedule covering acquisition of the DB contractor, final design, permitting, construction and closeout.
Bellflower Boulevard & Alondra Boulevard Rehabilitation
CITY OF BELLFLOWER I BELLFLOWER, CA
Construction Manager. Mr. Salgado provided construction management services for the $1.4M federally funded Bellflower Boulevard Rehabilitation project from Artesia Boulevard to South City Limit. Our team provided construction management, inspection, labor compliance and funding oversight services for this street improvement project. The project included reconstruction and resurfacing of AC pavement, installation of new traffic loops, adjustment of utilities to grade, and new traffic signage and striping.
FY 2021-22 Street Improvements
CITY OF LA HABRA HEIGHTS I LA HABRA HEIGHTS, CA
Construction Manager. Mr. Salgado provided construction management services and oversaw inspection services for the City's FY 2021-22 Street Improvements project. The scope of work includes street reconstruction and resurfacing, installation of AC berms, removal and construction of curb and gutter, utility adjustments, and traffic signage and striping.
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CONTACT INFO
[email protected]
ANTONIO ZORI, CCM
Construction Manager
EXPERIENCE
24 years
EDUCATION
M.S. Civil Engineering
LICENSES/
CERTIFICATES
Certified Construction
Manager, No. 32411
Certificate International
Program, Construction
Management, UCLA
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5 Mr. Zori has more than 24 years of experience in managing public and private contracts. He is experienced in construction planning and scheduling, cost estimating, bidding and procurement process, cost and production tracking, contract negotiation, change orders and value engineering, and risk and litigation management. He is fluent in both English and Spanish.
Project Experience
On -Call General Civil Engineering Services
CITY OF LAGUNA WOODS I LAGUNA WOODS, CA
Construction Manager. As part of an on -call contract with the City that includes staff augmentation services, Mr. Zori provides construction management and inspection for public works projects, including street, sewer and storm drain improvements.
Barnes Park Multi -Benefit Stormwater Capture
CITY OF BALDWIN PARK I BALDWIN PARK, CA
Senior Construction Project Manager. Mr. Zori was responsible for the construction of a new underground precast infiltration cistern with a capacity of 4 acre-feet. The cistern, in collaboration with Precon, was constructed of precast concrete elements, including openings at the bottom filled with crushed rock to facilitate the infiltration. Construction required 40,000 cubic yards of excavation and 30,000 cubic yards of backfilling. The project included the diversion structure needed to connect the existing 81 -inch RCP main storm drain with the new infiltration cistern, and the demolition and reconstruction of a reinforced concrete 81 -inch RCP storm drain pipe, a motorized 42 -inch plug valve and actuator, splitter vault and a 30 -foot -tall hydrodynamic separator. 590 LF of 42 -inch RCP pipeline and other utilities were installed, and added landscaping included irrigation and potable water pipes as well as storm drain and sewer pipes. The work included upgrading existing electrical panels; installing 12 Musco 60 -foot tall sport lights; installing 65 lightpoles and a new security camera system; installing one flow meter and two float sensors inside the cistern, flow control panels and all the power and communication conduits/wiring related to these works. After completion of this project, a plug valve electronically connected to a new infiltration control panel successfully regulates the flow entering the cistern. The project also included a 300-LF CMU perimetral wall and the construction of two soccer fields, four basketball courts, a new playground, picnic areas, a dog park and a new parking lot, among other park improvements.
Project Management & Engineering Design Services
CITY OF EL MONTE I EL MONTE, CA
Assistant Project Manager. Mr. Zori is providing as -needed project management services for various Capital Improvements Projects, including the Nevada-Bodger Sewer Improvements (CIP 005 and CIP 038) and Garvey Avenue Storm Drain (CIP 884) projects.
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INDIA WOODRUFF
Construction Manager
CONTACT INFO
[email protected]
EXPERIENCE
7 years
EDUCATION
M.S. Civil Engineering
(Coastal Engineering)
B.S. Civil Engineering
LICENSES/
CERTIFICATES
Metrolink Railroad Safety
Contractor Safety Trained,
No. 26471E22
AWARDS
"Honors" AGC
Construction Project
Management Course,
San Diego, CA (January
2021)
Ralph Alan Dusseau
Award for Civil &
Environmental
Engineering, Glasboro,
N.J. (May 2016)
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5 Ms. Woodruff is a proactive, self -motivated Assistant Construction Manager/ Resident Engineer who has managed at -risk projects throughout Southern California. She is experienced in Microsoft Office, Procore, Primavera P6, Microsoft Projects, AutoCad, and Revu Bluebeam. Her solid negotiation and communication skills along with proven project management skills allow her to effectively interact with clients as well as construction trades.
Project Experience
On -Call Plan Check + Public Works Inspection Services
CITY OF BEAUMONT I BEAUMONT, CA
Plan Check Engineer. Ms. Woodruff is providing professional plan check services or the City. NV5 has provided review of private and public works development projects, as well as public works inspection services to the City. Our team reviews a variety of development applications — from several thousand lots, multi -phase planned residential developments to proposed floodplain development and structural review of bridges. Reviews include improvement, grading, and erosion control plans, sewer and storm drain plans, hydrology and hydraulic reports, water quality reports, geotechnical reports, structural calculations, and cost estimates.
NV5 has also been providing stormwater management support for construction, MS4, and Industrial permits as staff extension to the City.
Sidewalk & Curb Ramp Reconstruction (Phase 2)
CITY OF EL MONTE I EL MONTE, CA
Assistant Construction Manager. Ms. Woodruff served as Assistant Construction Manager for Phase 2 of this federally -assisted Sidewalk & Curb Ramp Reconstruction project. The scope of work included parkway improvements along various local/residential roadways within the City and includes the reconstruction of existing PCC sidewalks, curb and gutter, driveways, and ADA curb ramps; tree root pruning; and potential tree removal/replacement.
William Woollett Jr. Aquatics Center
CITY OF IRVINE I IRVINE, CA
Construction Manager. Ms. Woodruff provided construction management services for this pool replastering project (three pools) at the William Woollett Jr. Aquatics Center. The complex is a world -class aquatic facility open year round for regional and national competitive events with two 50 -meter pools and a 25 -yard instruction pool. The City is currently embarking on restoring and resurfacing all three of these pools. These pools appear to be standard gunnite/shotcrete pools with rows of lap tiles on the bottom and border tiles along the rims.
City Engineering (Staff Augmentation)
CITY OF LAGUNA WOODS I LAGUNA WOODS, CA
Project/Construction Manager. Ms. Woodruff provides general engineering services on an as -needed basis as extension of City staff. Services include:
conducting and reviewing traffic engineering, traffic analysis, and transportation planning studies; providing analysis of existing and projected traffic conditions; street, ADA, sidewalk, storm drain improvement projects; performing pedestrian studies; plan check services; and reviewing new development projects involving traffic impact analysis, modeling, and road impact fee analyses.
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CONTACT INFO
[email protected]
EXPERIENCE
30 years
EDUCATION
B.S. Civil Engineering
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5 ART BISCOCHO
Project Engineer
Mr. Biscocho has more than 30 years of design experience. He has a demonstrated ability to manage multiple projects from planning to construction close-out. He has a wealth of knowledge of the overall operational experience working with municipal agencies, and his qualifications include the ability to review and prepare construction plans, specifications and cost estimates; provide engineering counter assistance; process permits; and establish, maintain and foster positive working relationships with agency staff.
Project Experience
Hacienda Avenue Spa Zone Street Improvements
CITY OF DESERT HOT SPRINGS I DESERT HOT SPRINGS, CA
Project Engineer. Mr. Biscocho is providing engineering design services for the City's Hacienda Avenue Spa Zone Street Improvements project. The project proposes to construct 10,341 feet of sidewalks, 9,450 square feet of safety medians, 42 ADA ramps, 8,528 feet of buffered bike lanes, 8,872 feet of standard Class II bike lanes, 99 streetlights, 17 crosswalks, and one intersection safety improvement. The scope of work includes utility coordination; topographic and right-of-way surveys and preparation of base maps, legal descriptions and plats; and pavement investigation and recommendations.
"H" Street Widening
CITY OF SAN BERNARDINO I SAN BERNARDINO, CA
Project Engineer. Mr. Biscocho provided professional design engineering services, including plans, specifications, cost estimates and related bid documents for the widening of "H" Street from two lanes to four lanes and the upgrade of the existing traffic signals at 40th Street and Kendall Drive. The plans included roadway, drainage, signing and striping, street lighting, modification to traffic signals, and demolition plans. Coordination with utility companies, identifying existing right-of- way, conducting pavement investigation and preparing a report were part of the project.
Trona Road Bridge Repairs
COUNTY OF SAN BERNARDINO I SAN BERNARDINO COUNTY, CA
Project Engineer. Mr. Biscocho is providing civil engineering design services for the Trona Road Bridge Repair project, which includes retrofit/repair of the existing wingwalls. Repairs are expected to include, but not be limited to, roadway excavations, structural backfill, installation and tensioning of tie -back anchors to realign wingwalls, repair headwall, re -install bridge railing, and AC pavement of roadway. NV5 will also prepare the civil and structural final design plans.
Walkway Accessibility Improvements at Two Parks
CITY OF MORENO VALLEY I MORENO VALLEY, CA
Project Designer. Mr. Biscocho prepared plans, specifications and estimates.
The scope of work generally consisted of removal and replacement of a concrete walkway to conform to Americans with Disabilities Act (ADA)/California Code of Regulations Title 24 -Accessibility relations, including crossings, irrigation modifications, replacement of plant material and drainage improvements. Both park projects received CDBG-R federal funds.
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CONTACT INFO
steve.n ova [email protected]
EXPERIENCE
25 years
EDUCATION
A.S. Building Technology
LICENSES/
CERTIFICATES
Certificate, Master
Planning Communities
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5 STEPHEN NOVAK
Project Engineer
Mr. Novak has more than 25 years of experience in civil, environmental and geotechnical engineering. His expertise includes the conceptual planning, design and preparation of rough to precise grading plans; land use studies and preliminary engineering; street design; and water, sanitary sewer, street and storm drain plans. His projects encompass residential, wastewater and infrastructure, mountain and hillside, golf and resort, and commercial projects. His strengths as a designer/planner are first built on natural Iandforms development that integrates the environmental, cultural and economic imperatives of the client and community, providing creative and innovative design solutions.
Project Experience
Phelan Road in the Phelan Area
COUNTY OF SAN BERNARDINO I PHELAN, CA
Project Engineer. Mr. Novak is providing engineering design services, including the preparation of preliminary and final plans, specifications and estimates, for the design of Phelan Road, Phelan Area. The project includes pavement rehabilitation and reconstruction on Phelan Road, from State Route 138 east to Los Banos Avenue, new or replacement of existing ADA ramps at 19 locations, and traffic signal installation at Clovis Road in the Phelan area. Services include utility coordination; preparation of legal descriptions and plats; preparation of traffic signing and striping plans and a pedestrian traffic plan; traffic signal modification plans for any ramp locations necessary to provide ADA compliance; environmental services support, including preparation of plans, reports and/or applications for a Stormwater Pollution Prevention Plan; and advertising, bidding and construction support.
Chino/Montclair Area ADA Ramps
COUNTY OF SAN BERNARDINO I CHINO & MONTCLAIR, CA
Project Engineer. Mr. Novak provided engineering design services, including the preparation of final plans, specifications and cost estimates, for the design of new or replacement of ADA ramps at 56 locations throughout the City of Chino and City of Montclair areas. NV5's services also included preparation of a right-of-way base map, legal descriptions and plats; topographic survey; construction survey and monument preservation; utility coordination; preparation of traffic signing and striping plans and a pedestrian traffic plan; and environmental services support. Our team also provided advertising, bidding and construction support and potholing services.
Area Y Park Improvements
CITY OF EL MONTE I EL MONTE, CA
Project Engineer. Mr. Novak is providing engineering design services for the Area Y Park Improvements project. As a subconsultant to David Volz Design, our team is providing topographic survey, geotechnical investigation, preliminary and final grading and drainage plans, specifications and cost estimate, and bid and construction phase support for the project.
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CONTACT INFO
[email protected]
EXPERIENCE
17 years
EDUCATION
M.S. Structural
Engineering
B.S. Civil Engineering
LICENSES/
CERTIFICATES
Civil Engineer (CA)
No. 83896
Qualified SWPPP
Developer/ Qualified
SWPPP Practitioner
No. 27085
Envision Sustainability
Professional
LEED Accredited
Professional
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PADMA ASAM, PE, QSD/P, ENV SP, LEED AP
Project Engineer
Ms. Asam has 17 years of design experience in public works projects, including design of roadway widening and alignments, retaining walls, pedestrian ramps, engineering reports and utility undergrounding. She is adept in the design standards of various local public agencies in Southern California. Ms. Asam has extensive experience reviewing grading plans, street and storm drain improvement plans, utility plans, tract maps, structural plans and details and stormwater-related documents. She has extensive experience working with local funding agencies to prepare and administer grant applications on behalf of local agency clients.
Project Experience
City Engineering and Plan Check Services
CITY OF IMPERIAL BEACH I IMPERIAL BEACH. CA
Project Engineer. Ms. Asam is providing consultant City Engineer services for this beachside community. The suite of services consists of three major elements: City Engineer services, plan check/development review, design of capital improvement projects, and grant administration.
Oak Knoll Road Improvements
CITY OF POWAY I POWAY, CA
Project Engineer. Ms. Asam performed plan and profile design, storm drain system design and driveway profile design. The 1 -mile road improvement project stretched through a variety of zoned areas that required the roadway design width to vary throughout its length and meet the unique needs of each zoned area — commercial, high density, and residential. Roadway improvements included necessary demolition, relocation of overhead utilities, pavement rehabilitation, pavement overlay, curb, gutter, sidewalks, on -street parking, signage and striping, traffic control, signal modifications, drainage, traffic calming, retaining walls and landscaping.
On -Call Plan Check + Public Works Inspection Services
CITY OF BEAUMONT I BEAUMONT, CA
Project Engineer. Ms. Asam is providing review of private development projects and public works inspection services. NV5 reviews all plans and associated technical reports for clarity, format, completeness and conformance to the City's grading and roadway criteria, industry -standard design procedures, permit requirements and conditions of development.
On -Call Civil & Water Quality Management Plan Check Services
COUNTY OF SAN BERNARDINO I SAN BERNARDINO, CA
Project Engineer. Ms. Asam is providing engineering development review services for a variety of projects ranging from single-family developments to large, multiphase subdivisions and commercial projects with significant public infrastructure requirements. NV5 reviews Hydraulic and Hydrologic Analyses, Water Quality Management Plans (WQMPs), erosion control plans, soils reports, private grading and public improvement plans for conformance with project conditions of approval and compliance with County requirements.
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THOMAS GRACE, EIT
Project Engineer + Drafting Technician
CONTACT INFO
[email protected]
EXPERIENCE
24 years
EDUCATION
B.S. Civil Engineering
LICENSES/
CERTIFICATES
Engineer in Training, CA
No. 103177
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5 Mr. Grace is a registered Engineer -in -Training with over 24 years of experience specializing in hydrologic and hydraulic engineering for urban drainage facilities, flood control improvements, floodplain studies and water quality compliance documentation. His work includes preliminary and final engineering design phases, as well as SWPPP and SUSMP documentation. He is skilled in using HEC-RAS, Auto -CAD, WSPG, HEC-HMS, FlowMaster, CulvertMaster, HY-8, CiviICAD, AES Model, Pond Pack, StormCAD, and SWMM.
Project Experience
City Engineering and Plan Check Services
CITY OF IMPERIAL BEACH I IMPERIAL BEACH, CA
Project Engineer. Mr. Grace is providing consultant City Engineer services for this beachside community. The suite of services consists of three major elements: City Engineer services, plan check/development review, design of capital improvement projects, and grant administration.
Bradley Road Bridge Over Salt Creek, Preliminary Drainage Study
CITY OF MENIFEE I MENIFEE, CA
Project Engineer. This project consists of improving Bradley Road between Rio Vista Drive and Potomac Drive within the City of Menifee. This improvement consists of providing an all-weather crossing at Salt Creek in lieu of the existing two -pipe culvert dip crossing. Such an improvement is necessary for the surrounding communities that get stranded even after a five-year storm event as the roadway floods and becomes impassable. Duties included: hydrologic and hydraulic analyses.
Drainage Study Reviews
CITY OF BEAUMONT I BEAUMONT, CA
Project Engineer. Mr. Grace performed drainage study reviews for the City as part of NV5's On -Call Plan Check and Public Works Inspection Services contract.
Duties included: drainage study reviews, assuring submitted drainage reports adhered to the City's standards, and providing review comments to be addressed for approval. Projects reviewed include 1010 West 4th Street WQMP, PA 33 Active Adult Development SWPPP Review, Heartland Development Drainage Study, Four Seasons Development Drainage Study, Olivewood Sewer Plans Review, and Any Size RV, Trailer and Boat Storage WQMP.
Lake Drive Storm Drain Replacement
CITY OF ENCINITAS I ENCINITAS. CA
Project Engineer. Mr. Grace is providing engineering design services for the Lake Drive Storm Drain Replacement Project, which involves the replacement of 2,000 feet of failed 48 -inch corrugated metal pipe (CMP) with new reinforced concrete pipe (RCP) through an environmentally sensitive canyon area between Lake Drive and Interstate 5 (I-5). During the design period, due to significant rainfall events, a sinkhole developed at the top of the project limits, eventually affecting a portion of Lake Drive and local utilities, prompting an emergency response. NV5 worked closely with the City and the emergency construction crews to produce an emergency "interim" design to collect and convey the drainage.
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CONTACT INFO
[email protected]
EXPERIENCE
22 years
=DUCATION
AutoCAD University
NV5 Project Manager
Course
LICENSES/
CERTIFICATES
CADD Drafting & Technical
Drawing Certificates
AFFILIATIONS
American Public Works
Association (APWA)
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5 MICHAEL ROCCO
Project Engineer + Drafting Technician
Mr. Rocco is a Senior Civil Designer with more than 22 years of experience working on projects in all phases, from concept to construction. He excels in the development of complete plan sets, understands the importance of plan presentation and construction details, effectively uses digital terrain model surfaces and field data, and is able to review geotechnical data to assist with earthwork quantity calculations. His experience includes construction management and field inspection. He has the technical experience to lead plan development for roadway geometric layout, site design, grading, retaining walls, striping, and traffic control.
Project Experience
Lake Drive Storm Drain Replacement
CITY OF ENCINITAS I ENCINITAS, CA
Project Designer. Mr. Rocco is providing engineering design services for the Lake Drive Storm Drain Replacement Project, which involves the replacement of 2,000 feet of failed 48 -inch corrugated metal pipe (CMP) with new reinforced concrete pipe (RCP) through an environmentally sensitive canyon area between Lake Drive and Interstate 5 (I-5). During the design period, due to significant rainfall events, a sinkhole developed at the top of the project limits, eventually affecting a portion of Lake Drive and local utilities, prompting an emergency response. NV5 worked closely with the City and the emergency construction crews to produce an emergency "interim" design to collect and convey the drainage.
Imperial Beach Boulevard Enhancements
CITY OF IMPERIAL BEACH I IMPERIAL BEACH, CA
Assistant Project Manager. Mr. Rocco was responsible for consultant oversight of a 1.8 -mile -long street improvement project. The project was designed to improve mobility, accessibility, landscaping, and water quality while addressing infrastructure deficiencies along Imperial Beach Boulevard from Seacoast Drive to 14th Street. The project included traffic calming, beautification of the gateway into Imperial Beach, Tijuana Estuary beautification complete with a boardwalk and tourist enhancements, ADA improvements, lit corridors with landscaping, utilities upgrades to address deficiencies, sustainable stormwater infrastructure, drainage features and roadway improvements.
On -Call Plan Check + Public Works Inspection Services
CITY OF BEAUMONT I BEAUMONT, CA
Plan Check Engineer. Mr. Rocco is providing review of as -needed private development projects. Services include subdivision and parcel map review, grading, street and utility improvements, storm drain, sewer, erosion control, geotechnical, hydrology/hydraulic, structural, water quality/NPDES, and landscape reviews.
SR-91/La Sierra Avenue Interchange
CALTRANS I RIVERSIDE, CA
Project Team Member. Mr. Rocco assisted with preparation of approximately 400 sheets of drawings for the interchange improvements at La Sierra Avenue and SR -91 in the City of Riverside. Duties included adding the City's redlines on hard copy sheets to the electronic files, compiling RFIs, CCOs, and other revisions into one comprehensive file, and submitting a final revised set of as-builts to the City of Riverside and Caltrans.
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[email protected]
SARAH SEITZ, EIT
Project Engineer
EXPERIENCE
2 years
F.DUCATION
B.S. Environmental
Engineering
LICENSES/
CERTIFICATES
Engineer -in -Training (EIT)
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5 Ms. Seitz holds dual roles as a plan check engineer and project engineer, bringing over two years of experience in the field. She has provided as -needed/ on -call plan check and civil engineering services to various municipalities across Southern California. Ms. Seitz's comprehensive understanding of municipal requirements and her ability to seamlessly integrate into existing teams assure that she can provide high -quality, reliable services. Her track record of successfully handling diverse projects highlights her capability to meet the dynamic needs of municipalities efficiently and effectively.
Project Experience
On -Call Plan Check + Public Works Inspection Services
CITY OF BEAUMONT I BEAUMONT, CA
WQMP Plan Check Engineer. Ms. Seitz is part of the team responsible for reviewing private and public works development projects. Reviews include improvement, grading, and erosion control plans, sewer and storm drain plans, hydrology and hydraulic reports, water quality reports, geotechnical reports, structural calculations, and cost estimates. NV5 has also been providing stormwater management support for construction, MS4, and Industrial permits as staff extension to the City.
Alderwood Park Pickleball Courts
CITY OF MURRIETA I MURRIETA, CA
Project Engineer. Ms. Seitz provided engineering design services for the construction of four new pickleball courts at Alderwood Park. Work included PS&E, staking, survey, geotechnical engineering services, court design, landscape architecture services and water quality management. The project also included new ADA-compliant sidewalks around the new courts, a seating area, a fence, and other hardscape additions. The NV5 team coordinated closely with City staff during the process.
On -Call Public Off -site Improvement Plan Check Services
CITY OF FONTANA I FONTANA, CA
WQMP Plan Check Engineer. Ms. Seitz is part of the team that provides plan check services for various street, street lighting, sewer, and storm drain plans, hydrology and hydraulics reports, soils reports, and specifications in compliance with City Design Standards, Municipal Code, Development Code, and State Regulations.
Lake Drive Storm Drain Replacement
CITY OF ENCINITAS I ENCINITAS, CA
Assistant Engineer. Ms. Seitz is providing engineering design services for the Lake Drive Storm Drain Replacement Project, which involves the replacement of 2,000 feet of failed 48 -inch corrugated metal pipe (CMP) with new reinforced concrete pipe (RCP) through an environmentally sensitive canyon area between Lake Drive and Interstate 5 (I-5). During the design period, due to significant rainfall events, a sinkhole developed at the top of the project limits, eventually affecting a portion of Lake Drive and local utilities, prompting an emergency response. NV5 worked closely with the City and the emergency construction crews to produce an emergency "interim" design to collect and convey the drainage.
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CONTACT INFO
[email protected]
EXPERIENCE
18 years
EDUCATION
A.A. Computer -aided
Drafting & Design
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5 RAFAEL GUTIERREZ
Drafting Technician
Mr. Gutierrez has more than 18 years of experience as a design engineer for various civil engineering and capital improvement projects, including water/ wastewater and transportation projects. As a design engineer, his qualifications include the ability to review and prepare plans, specifications and cost estimates; surveying; and establishing and maintaining positive working relationships with staff. Mr. Gutierrez is proficient in CAD and other design software.
Project Experience
Phelan Road in the Phelan Area
COUNTY OF SAN BERNARDINO I PHELAN, CA
CAD Designer. Mr. Gutierrez is providing CAD design services for providing engineering design services, including the preparation of preliminary and final plans, specifications and estimates, for the design of Phelan Road, Phelan Area.
The project includes pavement rehabilitation and reconstruction on Phelan Road, from State Route 138 east to Los Banos Avenue, new or replacement of existing ADA ramps at 19 locations, and traffic signal installation at Clovis Road in the Phelan area. Services include utility coordination; preparation of legal descriptions and plats; preparation of traffic signing and striping plans and a pedestrian traffic plan; traffic signal modification plans for any ramp locations necessary to provide ADA compliance; environmental services support, including preparation of plans, reports and/or applications for a Stormwater Pollution Prevention Plan; and advertising, bidding and construction support.
Staff Augmentation — CADD Services for Street Improvement Plans
CITY OF GARDEN GROVE I GARDEN GROVE, CA
CAD Designer. Mr. Gutierrez is assisting the City as a part-time CAD Designer with drafting three street rehabilitation projects which include approximately 7,550 LF of improvements.
Cherry Avenue and Other Roads, Fontana Area
COUNTY OF SAN BERNARDINO I FONTANA, CA
CAD Designer. Mr. Gutierrez is providing CAD design services and engineering design services, including preparation of final plans, specifications and cost estimates for a project involving pavement rehabilitation to Cherry Avenue and other roads (approximately 14.72 miles) and the replacement of existing ADA ramps at 42 locations in the Fontana area. NV5 will review the existing topographic to ensure new ramps drain properly and identify and address localized drainage issues within the project footprint. NV5's services also include preparation of legal descriptions and plats; utility coordination; preparation of traffic signing and striping plans and a pedestrian traffic plan; and environmental services support.
As -Need City Engineering and Traffic Engineering Services
CITY OF LAGUNA WOODS I LAGUNA WOODS, CA
CAD Designer. NV5 provides city engineering and traffic engineering services on an as -needed basis to the City. Mr. Gutierrez is providing CAD design services for various types of projects, including: modifying civil engineering plans and street improvements; and preparing plans and specifications for all the Public Works capital improvements projects including street, sewer, storm drain, and park improvements.
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CONTACT INFO
[email protected]
EXPERIENCE
21 years
LICENSES/
CERTIFICATES
Certificate in Geographic
Information Systems (GIS)
Certificate Esri, Deploying
and Managing a MultiUser
Database
Certificate Esri,
Implementing ArcGIS
Online
Certificate Introduction to
ArcGIS I & II, Esri Redlands
Campus
URISA Leadership
Academy Certificate
Certificate Floodplain
Boundary Standards
Training, FEMA
Certificate Mapping
Information Platform
Training, SP14
LEED Accredited
Professional
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5 AMY STOREY, LEED AP
ArcMap + GIS Design Support
Ms. Storey has been working as a Geographical Information Systems (GIS) Specialist in the NV5 GIS group for the past 21 years. She provides services that include geodatabase design, GIS web mapping and applications development, GIS analysis, data acquisition and conversion, project management through GIS MapBooks, as well as drafting and Civi13D experience.
Project Experience
Phase 6 Infiltration/Inflow Mitigation Sewer Improvements
CITY OF LA MESA I LA MESA, CA
Lead GIS Analyst. Ms. Storey was the Lead GIS Analyst for the City of La Mesa Phase 6 Infiltration/Inflow Mitigation Sewer Improvements. NV5 utilized ArcGIS Server cloud technology to develop a web application for the collection of manhole inspections and creation of inspection forms. The web app was created using Survey123 forms on a tablet to collect the information in the field directly into an ESRI-compliant geodatabase, incorporating spatial data from the manhole inspections, photos and videos, and attributes based on NASSCO manhole inspection codes. This information was uploaded in real time to a web map for review and project management. NV5 utilized our Online GIS Portal to streamline the collection of the geodatabase information and creation of manhole inspection forms. After completing all inspections, the data was reviewed for completeness and accuracy. The deliverables were exported directly from the web server in several deliverable formats.
Cleveland National Forest Power Poles Replacement Project for Crux Subsurface/SDG&E
SDG&E I SAN DIEGO COUNTY, CA
Lead GIS Analyst. NV5 was contracted to create an online GIS portal to manage over 19 electrical circuits throughout the Cleveland National Forest. Poles, access roads and workspaces were collected in the field utilizing web maps and services created through ArcGIS Server and managed on a cloud portal. As lead GIS Analyst, Ms. Storey's tasks included setup of ArcGIS Server, creating an enterprise GIS portal, creating feature services and web maps for online and offline data collection and review, developing web applications for field collection, data processing of survey data, managing the data in a sequel database, and creating MapBooks and shapefiles as needed for submittals.
On -Call GIS Services
SAN DIEGO GAS & ELECTRIC I SAN DIEGO COUNTY AND IMPERIAL COUNTY, CA Lead GIS Analyst. Ms. Storey served as Lead GIS Analyst for the conversion of survey data along the proposed Sunrise Powerlink Project in San Diego and Imperial Counties to be uploaded into the clients' internal SDE Geodatabase.
The project included conversion of AutoCAD layers to GIS shape file Format using Arclnfo 9.3 conversion tools, population of all required attribute fields in the feature class tables provided by SDG&E utilizing easement documentation, record of survey drawings, and preliminary surveys for the Sunrise Powerlink project study area. NV5 also created a Polygon layer of all Parcel Ownership Boundary changes, reflecting any changes to the current land ownership layer and including attribute information to show the source of the change.
City of Beaumont I City Staff Augmentation and Project Management Services age 597 of JUUO
NV5 I A22
CONTACT INFO
[email protected]
TAM DAN VO
Urban Planner
EXPERIENCE
9 years
EDUCATION
B.S. Earth & Environmental
Sciences
N
V
5 Ms. Vo has experience reviewing building permit plans for multifamily and single-family dwellings, and commercial and tenant improvements. She is knowledgeable in applying zoning and regulatory codes and has an understanding of environmental and planning laws and regulations. She is proficient in utilizing planning and GIS tools to produce visual representations of data. She is fluent in Vietnamese.
Project Experience
Assistant Planner
CITY OF SAN DIEGO I SAN DIEGO, CA
Ms. Vo reviews and approves building plans for conformance with zoning regulations for the Development Services Department at the City of San Diego.
These project types include multifamily dwellings, single-family dwellings, accessory dwelling units, ADU Bonus Program, accessory structures, and commercial tenant improvements. As part of the plan review process, she utilizes a variety of document databases and computer mapping tools to identify overlay designations, such as environmentally sensitive areas, airport zones, floodplains, and any site -specific feature that may be subject to other disciplines. She prepares detailed Zoning comment lists and responds to applicant inquiries.
Land Use/Environmental Planner
COUNTY OF SAN DIEGO I SAN DIEGO, CA
Ms. Vo's responsibilities included:
• Applied Zoning and Regulatory codes, subdivision and processing procedures to review the development project proposal; reviewed building permit plans such as multifamily and single-family dwellings, commercial shells, and tenant improvements.
• Advised a variety of professionals such as architects, contractors, and property owners regarding the implementation and interpretation of zoning regulations. • Communicated orally and produced written reports that effectively conveyed the purpose of land use projects; discussed zoning allowances and restrictions to the public.
• Utilized planning and GIS tools to produce visual representations of data.
Land Use Technician
COUNTY OF SAN DIEG SAN DIEGO, CA
Ms. Vo's responsibilities included:
• Explained laws, codes, and ordinances to customers related to land use and construction and permitting processes.
• Consulted and evaluated building and grading projects and provided procedures on permit issuance.
City of Beaumont I City Staff Augmentation and Project Management Servi n rIfIGO
age 598 of JUDO
F. RESUMES
CONTACT INFO
[email protected]
EXPERIENCE
3 years
EDUCATION
B.A. Environmental Studies
Completed courses
in planning, drafting,
environmental law and
sustainable design
N
V
5 CALVIN HARA
Urban Planner
Mr. Hara has three years of design experience across multiple disciplines, including telecom, landscape architecture and civil design. His design experience, paired with his educational background and tenure as a physical planner, has given him a keen eye for plan review.
Project Experience
Assistant Planner
CITY OF SAN DIEGO I SAN DIEGO, CA
Assistant Planner. Mr. Hara's work consists of reviewing proposed ADU, Multiple ADU, and JADU projects. For these projects, he reviews plans for adherence to the City of San Diego Municipal Code. Utilizing the municipal code, tentative maps and GIS tools, Mr. Hara determines all applicable overlay zones, FAR, height, and setback requirements, among other requirements. Common problems that arise are non-compliance with the City's ADU Bonus Program, the Airport Land Use Compatibility Overlay Zone, community plans, and parking requirements.
Mr. Hara, with the oversight of his direct supervisor at the City, communicates directly with applicants to discuss issues with submitted plans and offer potential design solutions that would bring their proposed projects into compliance. He is occasionally tasked with completing secondary reviews for plans that have already gone through other city staff or consultants.
On -Call Plan Check + Public Works Inspection Services
CITY OF BEAUMONT I BEAUMONT, CA
Mr. Hara is part of the team providing the City with review of as -needed private development projects and public works inspection services. Reviews include improvement, sewer and storm drain plans, hydrology and hydraulic reports, water quality reports, geotechnical reports, structural calculations and cost estimates.
NV5 is assisting the City with the development of checklists, standard notes, unit price lists and other documents to standardize and streamline the review/ inspection process.
Civil & Water Quality Management Plan Check Services
COUNTY OF SAN BERNARDINO I SAN BERNARDINO, CA
Mr. Hara is providing engineering development review services for a variety of projects ranging from single-family developments to large, multiphase subdivisions and commercial projects with significant public infrastructure requirements.
NV5 reviewed Hydraulic and Hydrologic Analysis, Water Quality Management Plans (WQMPs), erosion control plans, soils reports, private grading and public improvement plans for conformance with project conditions of approval and compliance with County requirements.
Plan Check Services
CITY OF DESERT HOT SPRINGS I DESERT HOT SPRINGS, CA
Mr. Hara is part of the team providing on -call engineering plan check services.
Services include the review of grading and improvement plans, hydrology and hydraulic reports, geotechnical reports, water quality treatment and erosion control, title documents and review against project conditions of approval for residential, commercial and industrial development applications.
City of Beaumont I City Staff Augmentation and Project Management Services - rage o , ui ouzo
ADDENDUM ACKNOWLEDGMENT
■ J
BEAUMONT
-CALIFORNIA-
BEAUMONT
550 E. 6th Street
Phone (951) 572-3236
BeaumontCa.gov
City of Beaumont
Addendum #2
Request for Proposals: CITY STAFF AUGMENTATION AND PROJECT
MANAGEMENT SERVICES
Questions & Answers
1. Is this a new contract or renewal of an existing contract? This is a new contr'
2. If there is an existing contract, could you please share the names of the current vendors and their pricing?
3. What is the estimated budget for this contract?
Unfortunately, no estimates will be provided, as the City is asking consultants to provide their most competitive prices.
4. Is it mandatory to subcontract?
No, it is not mandatory
5. Could you please provide information on the daily duration of shifts required for the necessary professions? For example, the number of hours per day?
itions will be no greater than 8 hours per day.
6. The RFP mentions a sample of the City's Professional Services Agreement (PSA) by Independent Contractor attached as Exhibit B, but I do not see the attachment. Will the City include it so we may have our legal team review it prior to proposal submission?
The Sample Professional Services agreement can be found in the documents section.
Acknowledgement of Addendum #1 (To be included with proposal) f iat
Jeffrey M. Cooper, PE
Print Name
Nov. 13, 2024
Date
City of Beaumont I City Staff Augmentation and Project Management Servi nno cnn of znFQ
MEM
Fee Schedule
Effective through December 31, 2025. After this time, NV5 will receive a 3% rate increase for each consecutive year beginning January 1, 2026.
ENGINEERING SERVICES
Principal
Project Manager
Quality Assurance Manager
Traffic Engineer
Senior Structural Engineer
Structural Engineer
Senior Engineer
Senior Designer
Project Engineer
Assistant Engineer
Designer
CADD Technician
Administration
MUNICIPAL SERVICES
Program/Project Director
Project Manager
City Engineer
Assistant Project Manager
Associate Engineer
Plan Check Engineer III
Plan Check Engineer II
Plan Check Engineer I
Public Works Technician
Permit Technician
CONSTRUCTION SERVICES
Senior Construction Manager
Construction Manager
Senior Office Engineer
Office Engineer
Construction Administration
REIMBURSABLE EXPENSES
Reproduction
Consultant Services
Automobile Transportation
Delivery, Freight, Courier
Agency Fees
Commercial Travel
N
HOURLY RATE**
$280
$218
$210
$225
$210
$180
$185
$155
$174
$128
$128
$120
$98
HOURLY RATE**
$220
$218
$218
$190
$175
$195
$175
$150
$110
$110
HOURLY RATE**
$205
$190
$155
$128
$98
COST
Cost
Cost + 15%
per IRS standard
Cost
Cost
Cost
V
5 ** Regular rates. Work in excess of 8 hours and work on Saturdays will be billed at 1.5 times the regular rate. Work in excess of 12 hours and work on Sundays and Holidays will be billed at 2 times the regular rate.
City of Beaumont
C24-164
EXHIBIT "C"
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
(insert behind this page)
,----, ®
ASR D CERTIFICATE OF LIABILITY INSURANCE
5/1/2025
DATE (MMDDIYYYY)
12/16/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER Lockton Companies, LLC
p
3280 Peachtree Road NE, Suite #1000
Atlanta GA 30305
(404) 460-3600
CONTACT
NAME:
PHONE FAX
LA/C. No. Ext,: (A/C, No):
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC tt
INSURER A : Hartford Fire Insurance Company 19682
INSURED
1491108 NVS Inc.
42-829 Cook Street
Ste 104
Palm Desert CA 92211
INSURER B : Navigators Specialty Insurance Company 36056 INSURER C : Twin City Fire Insurance Company 29459
INSURER D : Everest Indemnity Insurance Company
10851
INSURER E : National Fire and Marine Insurance Co
20079
INSURER F :
CERTIFICATE NUMBER'
REVISION NUMBER:
XXX
vTHIS 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.
INSR
LTR
TYPE OF INSURANCE
ADDL
NASD
SUER
YYV0
POCY NUMBER
IJ
POLICY EFF
(MM DDNYVYI
POLICY EXP
IMMID /YYYY)
LIMITS
A
X COMMERCIAL GENERAL LIABILITY
Y
Y
21 CSE S88600
5/1/2024
5/1/2025
EACH OCCURRENCE
$ 2,000,000 =
PRG�O REN I ED
PREMISES (Ea occurrence)
$ 300,000
I CLAIMS -MADE
X
OCCUR
MED EXP (Any one person)
$ 15 000
PERSONAL & ADV INJURY
$ 2 0000 000
GENERAL AGGREGATE
$ 4,000,000
GEN'L AGGREGATE
POLICY X
OTHER:
LIMIT APPLIES
Di
PER:
LOC
PRODUCTS - COMP/OP AGG
$ 4,000,000
A
AUTOMOBILE
X
X
LIABILITY
ANY AUTO
OWNED
AUTOHIRED SONLY
AUTOS ONLY
—v
X
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
y
y
21 CSE S88601
5/1/2024
5/1/2025
COMBINED SINGLE LIMIT
tEa accident/
$ 2,000,000
$ XXXXXXX
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
$ XXXXXXX
(Perry accident)
$ XXXXXXX
X
$ XXXXXXX
B
X UMBRELLA LIAB
EXCESS LIAB
X
OCCUR
CLAIMS -MADE
N
N
GA24UMRZ0HBL9IC
5/1/2024
5/1/2025
EACH OCCURRENCE
$ 10.000.000
$ 10,000,000
AGGREGATE
$ XXXXXXX
DED X RETENTION $ $0
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN N
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? N
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A
Y
22 WE BE9P58
5/1/2024
5/1/2025
X STATUTE ERPER H
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
$ 1,000.000
E.L. DISEASE - POLICY LIMIT
D
E
A
Excess Liab
Prof/Poll Liab
Bus Per Prop
N
N
XC3EX00564-241
42-EPP-321328-03
22 UUN AF9909
5/1/2024
5/1/2024
5/1/2024
5/1/2025
5/1/2025
5/1/2025
Ea. Claim/Agg. $10M/$IOM
Ea. Claim/Agg. $10M/$20M
Limit $20,415,609
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, AdditIonal Remarks Schedule, may be attached if more space is required) *SEE PAGE TWO*
CERTIFICATE HOLDER
CANCELLATION See Attachments
21230821
City of Beaumont
550 E. 6th Street
Beaumont CA 92223
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENT E
© 1988,201 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
CONTINUATION DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EJ(CLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS (Use only if more space is required) The City of Beaumont, its elected and appointed officers, employees, agents and volunteers are included as additional insureds on a Primary and Non-contributory basis if required by written contract with respect to General Liability and Automobile Liability per the terms and conditions of the policy.
A waiver of subrogation applies in favor of The City of Beaumont, its elected and appointed officers, employees, agents and volunteers if required by written contract with respect to General Liability, Automobile Liability, and Workers' Compensation per the terms and conditions of the policy where permitted by state law.
A 30 -day notice of cancellation is included if required by written contract per the terms and conditions of the policy.
ACORD 25 (2016/03) Certificate Holder ID: 21230821
Attachment Code: D646207 Master ID: 1491108, Certificate ID: 21230821 NV5 Global Workers Compensation Insurer by State
Alaska - Twin City Fire Insurance Company
Alabama - Twin City Fire Insurance Company
Arkansas - Twin City Fire Insurance Company
Arizona - Twin City Fire Insurance Company
California - Sentinel Insurance Company
Colorado - Twin City Fire Insurance Company
Connecticut - Twin City Fire Insurance Company
District of Columbia - Twin City Fire Insurance Company Delaware - Twin City Fire Insurance Company
Florida - Twin City Fire Insurance Company
Georgia - Property & Casualty Insurance Company of Hartford Hawaii - Hartford Underwriters Insurance Company
Iowa - Twin City Fire Insurance Company
Idaho - Twin City Fire Insurance Company
Illinois - Twin City Fire Insurance Company
Indiana - Twin City Fire Insurance Company
Kansas - Twin City Fire Insurance Company
Kentucky - Twin City Fire Insurance Company
Louisiana - Twin City Fire Insurance Company
Massachusetts - Sentinel Insurance Company
Maryland - Twin City Fire Insurance Company
Maine - Twin City Fire Insurance Company
Michigan - Twin City Fire Insurance Company
Minnesota - Nutmeg Insurance Company
Missouri - Hartford Underwriters Insurance Company
Mississippi - Twin City Fire Insurance Company
Montana - Twin City Fire Insurance Company
North Carolina - Hartford Insurance Company of the Southeast North Dakota - Twin City Fire Insurance Company
Nebraska - Twin City Fire Insurance Company
New Hampshire - Twin City Fire Insurance Company
Attachment Code: D646207 Master ID: 1491108, Certificate ID: 21230821 New Jersey - Hartford Underwriters Insurance Company
New Mexico - Hartford Insurance Company of the Southeast Nevada - Twin City Fire Insurance Company
New York - Hartford Accident and Indemnity Insurance Company Ohio - Twin City Fire Insurance Company
Oklahoma - Twin City Fire Insurance Company
Oregon - Twin City Fire Insurance Company
Pennsylvania - Twin City Fire Insurance Company
Rhode Island - Twin City Fire Insurance Company
South Carolina - Twin City Fire Insurance Company
Tennessee - Twin City Fire Insurance Company
Texas - Hartford Underwriters Insurance Company
Utah - Twin City Fire Insurance Company
Virginia - Twin City Fire Insurance Company
Vermont - Twin City Fire Insurance Company
Washington - Twin City Fire Insurance Company
Wisconsin - Hartford Casualty Insurance Company
West Virginia - Twin City Fire Insurance Company
Wyoming - Twin City Fire Insurance Company
Attachment Code: D587565 Master ID: 1491108, Certificate ID: 21230821 Policy Number: 21 CSE S88600
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage.
Read the entire policy carefully to determine rights,
duties and what is and is not covered.
Throughout this policy the words "you" and "your"
refer to the Named Insured shown in the
Declarations, and any other person or organization
qualifying as a Named Insured under this policy. The
words "we", "us" and "our" refer to the stock
insurance company member of The Hartford
providing this insurance.
The word "insured" means any person or
organization qualifying as such under Section II —
Who Is An Insured.
Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V —
Definitions.
SECTION I - COVERAGES
COVERAGE A BODILY INJURY AND PROPERTY
DAMAGE LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as damages
because of "bodily injury" or "property
damage" to which this insurance applies. We
will have the right and duty to defend the
insured against any "suit" seeking those
damages. However, we will have no duty to
defend the insured against any "suit" seeking
damages for "bodily injury" or "property
damage" to which this insurance does not
apply. We may, at our discretion, investigate
any "occurrence" and settle any claim or "suit"
that may result. But:
(1) The amount we will pay for damages is
limited as described in Section III — Limits
Of Insurance; and
(2) Our right and duty to defend ends when
we have used up the applicable limit of
insurance in the payment of judgments or
settlements under Coverages A or B or
medical expenses under Coverage C.
No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Supplementary
Payments — Coverages A and B.
b. This insurance applies to "bodily injury" and
"property damage" only if:
HG 00 01 09 16
(1) The "bodily injury" or "property damage" is
caused by an "occurrence" that takes
place in the "coverage territory";
(2) The "bodily injury" or "property damage"
occurs during the policy period; and
(3) Prior to the policy period, no insured listed
under Paragraph 1. of Section II — Who Is
An Insured and no "employee" authorized
by you to give or receive notice of an
"occurrence" or claim, knew that the
"bodily injury" or "property damage" had
occurred, in whole or in part. If such a
listed insured or authorized "employee"
knew, prior to the policy period, that the
"bodily injury" or "propertydamage"
occurred, then any continuation, change
or resumption of such "bodily injury" or
"property damage" during or after the
policy period will be deemed to have been
known prior to the policy period.
c. "Bodily injury" or "property damage" will be
deemed to have been known to have
occurred at the earliest time when any
insured listed under Paragraph 1. of Section II
— Who Is An Insured or any "employee"
authorized by you to give or receive notice of
an "occurrence" or claim:
(1) Reports all, or any part, of the "bodily
injury" or "property damage" to us or any
other insurer;
(2) Receives a written or verbal demand or
claim for damages because of the "bodily
injury" or "property damage"; or
(3) Becomes aware by any other means that
"bodily injury" or "property damage" has
occurred or has begun to occur.
d. Damages because of "bodily injury" include
damages claimed by any person or
organization for care, loss of services or
death resulting at any time from the "bodily
injury".
e. Incidental Medical Malpractice And Good
Samaritan Coverage
"Bodily injury" arising out of the rendering of
or failure to render the following health care
services by any "employee" or "volunteer
worker" shall be deemed to be caused by an
"occurrence" for
© 2016 The Hartford
(Includes copyrighted material of Insurance Services Office, Inc. with its permission.)
Attachment Code: D587565 Master ID: 1491108, Certificate ID: 21230821 (1) Professional health care services such as:
(a) Medical, surgical, dental, laboratory, x-
ray or nursing services or treatment,
advice or instruction, or the related
furnishing of food or beverages;
(b) Any health or therapeutic service,
treatment, advice or instruction; or
(c) The furnishing or dispensing of drugs
or medical, dental, or surgical supplies
or appliances; or
(2) First aid services, which include:
(a) Cardiopulmonary resuscitation,
whether performed manually or with a
defibrillator; or
(b) Services performed as a Good
Samaritan.
For the purpose of determining the limits of
insurance, any act or omission together with
all related acts or omissions in the furnishing
of these services to any one person will be
considered one "occurrence".
However, this Incidental Medical Malpractice
And Good Samaritan Coverage provision
applies only if you are not engaged in the
business or occupation of providing any of the
services described in this provision.
2. Exclusions
This insurance does not apply to:
a. 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.
b. Contractual Liability
"Bodily injury" or "property damage" for which
the insured is obligated to pay damages by
reason of the assumption of liability in a
contract or agreement. This exclusion does
not apply to liability for damages:
(1) That the insured would have in the
absence of the contract or agreement; or
(2) Assumed in a contract or agreement that
is an "insured contract", provided the
"bodily injury" or "property damage"
occurs subsequent to the execution of the
contract or agreement. Solely for the
purposes of liability assumed in an
"insured contract", reasonable attorney
fees and necessary litigation expenses
incurred by or for a party other than an
insured are deemed to be damages
because of "bodily injury" or "property
damage", provided:
(a) Liability to such party for, or for the
cost of, that party's defense has also
been assumed in the same "insured
contract"; and
(b) Such attorney fees and litigation
expenses are for defense of that party
against a civil or alternative dispute
resolution proceeding in which
damages to which this insurance
applies are alleged.
c. Liquor Liability
"Bodily injury" or "property damage" for which
any insured may be held liable by reason of:
(1) Causing or contributing to the intoxication
of any person;
(2) The furnishing of alcoholic beverages to a
person under the legal drinking age or
under the influence of alcohol; or
(3) Any statute, ordinance or regulation
relating to the sale, gift, distribution or use
of alcoholic beverages.
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in:
(a) The supervision, hiring, employment,
training or monitoring of others by that
insured; or
(b) Providing or failing to provide
transportation with respect to any
person that may be under the influence
of alcohol;
if the "occurrence" which caused the "bodily
injury" or "property damage", involved that
which is described in Paragraph (1), (2) or (3)
above.
However, this exclusion applies only if you
are in the business of manufacturing,
distributing, selling, serving or furnishing
alcoholic beverages. For the purposes of this
exclusion, permitting a person to bring
alcoholic beverages on your premises, for
consumption on your premises, whether or
not a fee is charged or a license is required
for such activity, is not by itself considered the
business of selling, serving or furnishing
alcoholic beverages.
d. Workers' Compensation And Similar Laws
Any obligation of the insured under a workers'
compensation, disability benefits or
unemployment compensation law or any
similar law.
e. Employer's Liability
"Bodily injury" to:
(1) An "employee" of the insured arising out of
and in the course of:
Attachment Code: D587565 Master ID: 1491108, Certificate ID: 21230821 (a) Employment by the insured; or
(b) Performing duties related to the
conduct of the insured's business; or
(2) The spouse, child, parent, brother or sister
of that "employee" as a consequence of
Paragraph (1) above.
This exclusion applies:
(1) Whether the insured may be liable as an
employer or in any other capacity; and
(2) To any obligation to share damages with
or repay someone else who must pay
damages because of the injury.
This exclusion does not apply to liability
assumed by the insured under an "insured
contract".
f. Pollution
(1) "Bodily injury" or "property damage"
arising out of the actual, alleged or
threatened discharge, dispersal, seepage,
migration, release or escape of
"pollutants":
(a) At or from any premises, site or
location which is or was at any time
owned or occupied by, or rented or
loaned to, any insured. However, this
subparagraph does not apply to:
(i) "Bodily injury" if sustained within a
building and caused by smoke,
fumes, vapor or soot produced by
or originating from equipment that
is used to heat, cool or dehumidify
the building, or equipment that is
used to heat water for personal
use, by the building's occupants or
their guests;
(ii) "Bodily injury" or "property damage"
for which you may be held liable, if
you are a contractor and the owner
or lessee of such premises, site or
location has been added to your
policy as an additional insured with
respect to your ongoing operations
performed for that additional
insured at that premises, site or
location and such premises, site or
location is not and never was
owned or occupied by, or rented or
loaned to, any insured, other than
that additional insured; or
(iii) "Bodily injury" or "property damage"
arising out of heat, smoke or fumes
from a "hostile fire";
(b) At or from any premises, site or
location which is or was at any time
used by or for any insured or others for
the handling, storage, disposal,
processing or treatment of waste;
(c) Which are or were at any time
transported, handled, stored, treated,
disposed of, or processed as waste by
or for:
(i) Any insured; or
(ii) Any person or organization for
whom you may be legally
responsible;
(d) At or from any premises, site or
location on which any insured or any
contractors or subcontractors working
directly or indirectly on any insured's
behalf are performing operations if the
"pollutants" are brought on or to the
premises, site or location in connection
with such operations by such insured,
contractor or subcontractor. However,
this subparagraph does not apply to:
(i) "Bodily injury" or "property damage"
arising out of the escape of fuels,
lubricants or other operating fluids
which are needed to perform the
normal electrical, hydraulic or
mechanical functions necessary for
the operation of "mobile equipment"
or its parts, if such fuels, lubricants
or other operating fluids escape
from a vehicle part designed to
hold, store or receive them. This
exception does not apply if the
"bodily injury" or "property damage"
arises out of the intentional
discharge, dispersal or release of
the fuels, lubricants or other
operating fluids, or if such fuels,
lubricants or other operating fluids
are brought on or to the premises,
site or location with the intent that
they be discharged, dispersed or
released as part of the operations
being performed by such insured,
contractor or subcontractor;
(ii) "Bodily injury" or "property damage"
sustained within a building and
caused by the release of gases,
fumes or vapors from materials
brought into that building in
connection with operations being
performed by you or on your behalf
by a contractor or subcontractor; or
(iii) "Bodily injury" or "property damage"
arising out of heat, smoke or fumes
from a "hostile fire"; or
(e) At or from any premises, site or
location on which any insured or any
contractors or subcontractors working
HG 00 01 09 16 Page 3 of 21
Attachment Code: D587565 Master ID: 1491108, Certificate ID: 21230821 g.
directly or indirectly on any insured's
behalf are performing operations if the
operations are to test for, monitor,
clean up, remove, contain, treat,
detoxify or neutralize, or in any way
respond to, or assess the effects of,
"pollutants".
(2) Any loss, cost or expense arising out of
any:
(a) Request, demand, order or statutory or
regulatory requirement that any
insured or others test for, monitor,
clean up, remove, contain, treat,
detoxify or neutralize, or in any way
respond to, or assess the effects of,
"pollutants"; or
(b) Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring,
cleaning up, removing, containing,
treating, detoxifying or neutralizing, or
in any way responding to, or assessing
the effects of, "pollutants".
However, this paragraph does not apply to
liability for damages because of "property
damage" that the insured would have in
the absence of such request, demand,
order or statutory or regulatory
requirement, or such claim or "suit" by or
on behalf of a governmental authority.
Aircraft, Auto Or Watercraft
"Bodily injury" or "property damage" arising
out of the ownership, maintenance, use or
entrustment to others of any aircraft, "auto" or
watercraft owned or operated by or rented or
loaned to any insured. Use includes operation
and "loading or unloading".
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage" involved the ownership,
maintenance, use or entrustment to others of
any aircraft, "auto" or watercraft that is owned
or operated by or rented or loaned to any
insured.
This exclusion does not apply to:
(1) A watercraft while ashore on premises you
own or rent;
(2) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used to carry persons for a
charge;
(3) Parking an "auto" on, or on the ways next
to, premises you own or rent, provided the
"auto" is not owned by or rented or loaned
to you or the insured;
(4) Liability assumed under any "insured
contract" for the ownership, maintenance
or use of aircraft or watercraft;
(5) "Bodily injury" or "property damage"
arising out of:
(a) The operation of machinery or
equipment that is attached to, or part
of, a land vehicle that would qualify
under the definition of "mobile
equipment" if it were not subject to a
compulsory or financial responsibility
law or other motor vehicle insurance
law where it is licensed or principally
garaged; or
(b) The operation of any of the machinery
or equipment listed in Paragraph f.(2)
or f.(3) of the definition of "mobile
equipment"; or
(6) An aircraft that is not owned by any
insured and is hired, chartered or loaned
with a paid crew. However, this exception
does not apply if the insured has any other
insurance for such "bodily injury" or
"property damage", whether the other
insurance is primary, excess, contingent
or on any other basis.
h. Mobile Equipment
"Bodily injury" or "property damage" arising
out of:
(1) The transportation of "mobile equipment"
by an "auto" owned or operated by or
rented or loaned to any insured; or
(2) The use of "mobile equipment" in, or while
in practice for, or while being prepared for,
any prearranged racing, speed,
demolition, or stunting activity.
i. War
"Bodily injury" or "property damage", however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any
government, sovereign or other authority
using military personnel or other agents;
or
(3) Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against
any of these.
j. Damage To Property
"Property damage" to:
Attachment Code: D587565 Master ID: 1491108, Certificate ID: 21230821 (1) Property you own, rent, or occupy,
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 you sell, give away or abandon,
if the "property damage" arises out of any
part of those premises;
(3) Property loaned to you;
(4) Personal property in the care, custody or
control of the insured;
(5) That particular part of real property on
which you or any contractors or
subcontractors
working directly or indirectly on your 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, including the
contents of such premises, rented to you for a
period of seven or fewer consecutive days. A
separate limit of insurance applies to Damage
To Premises Rented To You as described in
Section III — Limits Of Insurance.
Paragraph (2) of this exclusion does not apply
if the premises are "your work" and were
never occupied, rented or held for rental by
you.
Paragraphs (3) and (4) of this exclusion do
not apply to "property damage" arising from
the use of elevators.
Paragraphs (3), (4), (5) and (6) of this
exclusion do not apply to liability assumed
under a sidetrack agreement.
Paragraphs (3) and (4) of this exclusion do
not apply to "property damage" to borrowed
equipment while not being used to perform
operations at the job site.
Paragraph (6) of this exclusion does not apply
to "property damage" included in the
"products -completed operations hazard".
k. Damage To Your Product
"Property damage" to "your product" arising
out of it or any part of it.
I. Damage To Your Work
"Property damage" to "your work" arising out
of it or any part of it and included in the
"products -completed operations hazard"
HG 00 01 09 16 Page 5 of 21
This exclusion does not apply if the damaged
work or the work out of which the damage
arises was performed on your behalf by a
subcontractor.
m. Damage To Impaired Property Or Property
Not Physically Injured
"Property damage" to "impaired property" or
property that has not been physically injured,
arising out of:
(1) A defect, deficiency, inadequacy or
dangerous condition in "your product" or
"your work"; or
(2) A delay or failure by you or anyone acting
on your behalf to perform a contract or
agreement in accordance with its terms.
This exclusion does not apply to the loss of
use of other property arising out of sudden
and accidental physical injury to "your
product" or "your work" after it has been put
to its intended use.
n. Recall Of Products, Work Or Impaired
Property
Damages claimed for any loss, cost or
expense incurred by you or others for the loss
of use, withdrawal, recall, inspection, repair,
replacement, adjustment, removal or disposal
of:
(1) "Your product";
(2) "Your work"; or
(3) "Impaired property";
if such product, work, or property is withdrawn
or recalled from the market or from use by
any person or organization because of a
known or suspected defect, deficiency,
inadequacy or dangerous condition in it.
o. Personal And Advertising Injury
"Bodily injury" arising out of "personal and
advertising injury".
p. Access or Disclosure Of Confidential Or
Personal Information And Data -related
Liability
Damages arising out of:
(1) Any access to or disclosure of any
person's or organization's confidential or
personal information, including patents,
trade secrets, processing methods,
customer lists, financial information, credit
card information, health information or any
other type of nonpublic information; or
(2) The loss of, loss of use of, damage to,
corruption of, inability to access, or
inability to manipulate electronic data.
This exclusion applies even if damages are
claimed for notification costs, credit
monitoring expenses, forensic expenses,
Attachment Code: D587565 Master ID: 1491108, Certificate ID: 21230821 q.
public relations expenses or any other loss,
cost or expense incurred by you or others
arising out of that which is described in
Paragraph (1) or (2) above.
However, unless Paragraph (1) above
applies, this exclusion does not apply to
damages because of "bodily injury".
As used in this exclusion, electronic data
means information, facts or programs stored
as or on, created or used on, or transmitted to
or from computer software, including systems
and applications software, hard or floppy
disks, CD-ROMS, tapes, drives, cells, data
processing devices or any other media which
are used with electronically controlled
equipment.
Employment -Related Practices
"Bodily injury" to:
(1) A person arising out of any "employment —
related practices"; or
(2) The spouse, child, parent, brother or sister
of that person as a consequence of "bodily
injury" to that person at whom any
"employment -related practices" are
directed.
This exclusion applies:
(1) Whether the injury -causing event
described in the definition of "employment -
related practices" occurs before
employment, during employment or after
employment of that person;
(2) Whether the insured may be liable as an
employer or in any other capacity; and
(3) To any obligation to share damages with
or repay someone else who must pay
damages because of the injury.
r. Asbestos
(1) "Bodily injury" or "property damage"
arising out of the "asbestos hazard".
(2) Any damages, judgments, settlements,
loss, costs or expenses that:
(a) May be awarded or incurred by reason
of any claim or suit alleging actual or
threatened injury or damage of any
nature or kind to persons or property
which would not have occurred in
whole or in part but for the "asbestos
hazard";
(b) Arise out of any request, demand,
order or statutory or regulatory
requirement that any insured or others
test for, monitor, clean up, remove,
encapsulate, contain, treat, detoxify or
neutralize or in any way respond to or
assess the effects of an "asbestos
hazard"; or
(c) Arise out of any claim or suit for
damages because of testing for,
monitoring, cleaning up, removing,
encapsulating, containing, treating,
detoxifying or neutralizing or in any
way responding to or assessing the
effects of an "asbestos hazard".
s. Recording And Distribution Of Material Or
Information In Violation Of Law
"Bodily injury" or "property damage" arising
directly or indirectly out of any action or
omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act
(TCPA), including any amendment of or
addition to such law;
(2) The CAN-SPAM Act of 2003, including
any amendment of or addition to such law;
(3) The Fair Credit Reporting Act (FCRA), and
any amendment of or addition to such law,
including the Fair and Accurate Credit
Transaction Act (FACTA); or
(4) Any federal, state or local statute,
ordinance or regulation, other than the
TCPA or CAN-SPAM Act of 2003 or FCRA
and their amendments and additions, that
addresses, prohibits or limits the printing,
dissemination, disposal, collecting,
recording, sending, transmitting,
communicating or distribution of material
or information.
Damage To Premises Rented To You —
Exception For Damage By Fire, Lightning Or
Explosion
Exclusions c. through h. and j. through n. do not
apply to damage by fire, lightning or explosion to
premises while rented to you or temporarily
occupied by you with permission of the owner. A
separate limit of insurance applies to this
coverage as described in Section III — Limits Of
Insurance.
COVERAGE B PERSONAL AND ADVERTISING
INJURY LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as damages
because of "personal and advertising injury"
to which this insurance applies. We will have
the right and duty to defend the insured
against any "suit" seeking those damages.
However, we will have no duty to defend the
insured against any "suit" seeking damages
for "personal and advertising injury" to which
this insurance does not apply. We may, at our
Attachment Code: D587565 Master ID: 1491108, Certificate ID: 21230821 discretion, investigate any offense and settle
any claim or "suit" that may result. But:
(1) The amount we will pay for damages is
limited as described in Section III — Limits
Of Insurance; and
(2) Our right and duty to defend end when we
have used up the applicable limit of
insurance in the payment of judgments or
settlements under Coverages A or B or
medical expenses under Coverage C.
No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Supplementary
Payments — Coverages A and B.
b. This insurance applies to "personal and
advertising injury" caused by an offense
arising out of your business but only if the
offense was committed in the "coverage
territory" during the policy period.
2. Exclusions
This insurance does not apply to:
a. Knowing Violation Of Rights Of Another
"Personal and advertising injury" arising out of
an offense committed by, at the direction or
with the consent or acquiescence of the
insured with the expectation of inflicting
"personal and advertising injury".
b. Material Published With Knowledge Of
Falsity
"Personal and advertising injury" arising out of
oral, written or electronic publication, in any
manner, of material, if done by or at the
direction of the insured with knowledge of its
falsity.
c. Material Published Prior To Policy Period
"Personal and advertising injury" arising out of
oral, written or electronic publication, in any
manner, of material whose first publication
took place before the beginning of the policy
period.
d. Criminal Acts
"Personal and advertising injury" arising out of
a criminal act committed by or at the direction
of the insured.
e. Contractual Liability
"Personal and advertising injury" for which the
insured has assumed liability in a contract or
agreement. This exclusion does not apply to
liability for damages that the insured would
have in the absence of the contract or
agreement.
f. Breach Of Contract
"Personal and advertising injury" arising out of a
breach of contract, except an implied contract to
use another's "advertising idea" in your
"advertisement".
g. Quality Or Performance Of Goods —
Failure To Conform To Statements
"Personal and advertising injury" arising out of
the failure of goods, products or services to
conform with any statement of quality or
performance made in your "advertisement".
h. Wrong Description Of Prices
"Personal and advertising injury" arising out of
the wrong description of the price of goods,
products or services.
i. Infringement Of Intellectual Property
Rights
(1) "Personal and advertising injury" arising
out of any actual or alleged infringement
or violation of any intellectual property
rights such as copyright, patent,
trademark, trade name, trade secret, trade
dress, service mark or other designation
of origin or authenticity; or
(2) Any injury or damage alleged in any clam
or "suit" that also alleges an infringement
or violation of any intellectual property
right, whether such allegation of
infringement or violation is made by you or
by any other party involved in the claim or
"suit", regardless of whether this
insurance would otherwise apply.
However, this exclusion does not apply if the
only allegation in the claim or "suit" involving
any intellectual property right is limited to:
(1) Infringement, in your "advertisement", of:
(a) Copyright;
(b) Slogan; or
(c) Title of any literary or artistic work; or
(2) Copying, in your "advertisement", a
person's or organization's "advertising
idea" or style of "advertisement".
j. Insureds In Media And Internet Type
Businesses
"Personal and advertising injury" committed
by an insured whose business is:
(1) Advertising, broadcasting, publishing or
telecasting;
(2) Designing or determining content of web
sites for others; or
(3) An Internet search, access, content or
service provider.
However, this exclusion does not apply to
Paragraphs a., b. and c. of the definition of
"personal and advertising injury" under the
Definitions Section.
HG 00 01 09 16 Page 7of21
Attachment Code: D587565 Master ID: 1491108, Certificate ID: 21230821 For the purposes of this exclusion, the placing
of frames, borders or links, or advertising, for
you or others anywhere on the Internet, is not
by itself, considered the business of
advertising, broadcasting, publishing or
telecasting.
k. Electronic Chatrooms Or Bulletin Boards
"Personal and advertising injury" arising out of
an electronic chatroom or bulletin board the
insured hosts, owns, or over which the
insured exercises control.
I. Unauthorized Use Of Another's Name Or
Product
"Personal and advertising injury" arising out of
the unauthorized use of another's name or
product in your e-mail address, domain name
or metatags, or any other similar tactics to
mislead another's potential customers.
m. Pollution
"Personal and advertising injury" arising out of
the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of "pollutants" at any time.
n. Pollution -Related
Any loss, cost or expense arising out of any:
(1) Request, demand, order or statutory or
regulatory requirement that any insured or
others test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or in
any way respond to, or assess the effects
of, "pollutants"; or
(2) Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring,
cleaning up, removing, containing,
treating, detoxifying or neutralizing, or in
any way responding to, or assessing the
effects of, "pollutants".
o. War
"Personal and advertising injury", however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any
government, sovereign or other authority
using military personnel or other agents;
or
(3) Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against
any of these.
p. Internet Advertisements And Content Of
Others
"Personal and advertising injury" arising out
of:
(1) An "advertisement" for others on your web
site;
(2) Placing a link to a web site of others on
your web site;
(3) Content, including information, sounds,
text, graphics, or images from a web site
of others displayed within a frame or
border on your web site; or
(4) Computer code, software or programming
used to enable:
(a) Your web site; or
(b) The presentation or functionality of an
"advertisement" or other content on
your web site.
q. Right Of Privacy Created By Statute
"Personal and advertising injury" arising out of
the violation of a person's right of privacy
created by any state or federal act.
However, this exclusion does not apply to
liability for damages that the insured would
have in the absence of such state or federal
act.
r. Violation Of Anti -Trust law
"Personal and advertising injury" arising out of
a violation of any anti-trust law.
s. Securities
"Personal and advertising injury" arising out of
the fluctuation in price or value of any stocks,
bonds or other securities.
t. Recording And Distribution Of Material Or
Information In Violation Of Law
"Personal and advertising injury" arising
directly or indirectly out of any action or
omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act
(TCPA), including any amendment of or
addition to such law;
(2) The CAN-SPAM Act of 2003, including
any amendment of or addition to such law;
(3) The Fair Credit Reporting Act (FCRA), and
any amendment of or addition to such law,
including the Fair and Accurate Credit
Transaction Act (FACTA); or
(4) Any federal, state or local statute,
ordinance or regulation, other than the
TCPA or CAN-SPAM Act of 2003 or FCRA
and their amendments and additions, that
addresses, prohibits or limits the printing,
dissemination, disposal, collecting,
recording, sending, transmitting,
communicating or distribution of material
or information.
HG 00 01 0916Page 614 of 3058
Attachment Code: D587565 Master ID: 1491108, Certificate ID: 21230821 u. Employment -Related Practices
"Personal and advertising injury" to:
(1) A person arising out of any "employment —
related practices"; or
(2) The spouse, child, parent, brother or sister
of that person as a consequence of
"personal and advertising injury" to that
person at whom any "employment -related
practices" are directed.
This exclusion applies:
(1) Whether the injury -causing event
described in the definition of "employment -
related practices" occurs before
employment, during employment or after
employment of that person;
(2) Whether the insured may be liable as an
employer or in any other capacity; and
(3) To any obligation to share damages with
or repay someone else who must pay
damages because of the injury.
v. Asbestos
(1) "Personal and advertising injury" arising
out of the "asbestos hazard".
(2) Any damages, judgments, settlements,
loss, costs or expenses that:
(a) May be awarded or incurred by reason
of any claim or suit alleging actual or
threatened injury or damage of any
nature or kind to persons or property
which would not have occurred in
whole or in part but for the "asbestos
hazard";
(b) Arise out of any request, demand,
order or statutory or regulatory
requirement that any insured or others
test for, monitor, clean up, remove,
encapsulate, contain, treat, detoxify or
neutralize or in any way respond to or
assess the effects of an "asbestos
hazard"; or
(c) Arise out of any claim or suit for
damages because of testing for,
monitoring, cleaning up, removing,
encapsulating, containing, treating,
detoxifying or neutralizing or in any
way responding to or assessing the
effects of an "asbestos hazard".
w. Access Or Disclosure Of Confidential Or
Personal Information
"Personal and advertising injury" arising out of
any access to or disclosure of any person's or
organization's confidential or personal
information, including patents, trade secrets,
processing methods, customer lists, financial
information, credit card information, health
information or any other type of nonpublic
information.
This exclusion applies even if damages are
claimed for notification costs, credit
monitoring expenses, forensic expenses,
public relations expenses or any other loss,
cost or expense incurred by you or others
arising out of any access to or disclosure of
any person's or organization's confidential or
personal information.
COVERAGE C MEDICAL PAYMENTS
1. Insuring Agreement
a. We will pay medical expenses as described
below for "bodily injury" caused by an
accident:
(1) On premises you own or rent;
(2) On ways next to premises you own or
rent; or
(3) Because of your operations;
provided that:
(1) The accident takes place in the "coverage
territory" and during the policy period;
(2) The expenses are incurred and reported
to us within three years of the date of the
accident; and
(3) The injured person submits to
examination, at our expense, by
physicians of our choice as often as we
reasonably require.
b. We will make these payments regardless of
fault. These payments will not exceed the
applicable limit of insurance. We will pay
reasonable expenses for:
(1) First aid administered at the time of an
accident;
(2) Necessary medical, surgical, X-ray and
dental services, including prosthetic
devices; and
(3) Necessary ambulance, hospital,
professional nursing and funeral services.
2. Exclusions
We will not pay expenses for "bodily injury":
a. Any Insured
To any insured, except "volunteer workers".
b. Hired Person
To a person hired to do work for or on behalf
of any insured or a tenant of any insured.
c. Injury On Normally Occupied Premises
To a person injured on that part of premises
you own or rent that the person normally
occupies.
d. Workers Compensation And Similar Laws
To a person, whether or not an "employee" of
HG 00 01 09 16 Page 9 of 21
Attachment Code: D587565 Master ID: 1491108, Certificate ID: 21230821 any insured, if benefits for the "bodily injury"
are
payable or must be provided under a workers'
compensation or disability benefits law or a
similar law.
e. Athletics Activities
To a person injured while practicing,
instructing or participating in any physical
exercises or games, sports, or athletic
contests.
f. Products -Completed Operations Hazard
Included within the "products -completed
operations hazard".
g. Coverage A Exclusions
Excluded under Coverage A.
SUPPLEMENTARY PAYMENTS - COVERAGES
A AND B
1. We will pay, with respect to any claim we
investigate or settle, or any "suit" against an
insured we defend:
a. All expenses we incur.
b. Up to $1,000 for cost of bail bonds required
because of accidents or traffic law violations
arising out of the use of any vehicle to which
the Bodily Injury Liability Coverage applies.
We do not have to furnish these bonds.
c. The cost of appeal bonds or bonds to release
attachments, but only for bond amounts
within the applicable limit of insurance. We do
not have to furnish these bonds.
d. All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of the claim or "suit",
including actual loss of earnings up to $500 a
day because of time off from work.
e. All court costs taxed against the insured in
the "suit". However, such costs do not
include attorneys' fees, attorneys' expenses,
witness or expert fees, or any other expenses
of a party taxed to the insured.
f. Prejudgment interest awarded against the
insured on that part of the judgment we pay. If
we make an offer to pay the applicable limit of
insurance, we will not pay any prejudgment
interest based on that period of time after the
offer.
g. All interest on the full amount of any judgment
that accrues after entry of the judgment and
before we have paid, offered to pay, or
deposited in court the part of the judgment
that is within the applicable limit of insurance.
These payments will not reduce the limits of
insurance.
2. If we defend an insured against a "suit" and an
party to the "suit", we will defend that indemnitee
if all of the following conditions are met:
a. The "suit" against the indemnitee seeks
damages for which the insured has assumed
the liability of the indemnitee in a contract or
agreement that is an "insured contract";
b. This insurance applies to such liability
assumed by the insured;
c. The obligation to defend, or the cost of the
defense of, that indemnitee, has also been
assumed by the insured in the same "insured
contract";
d. The allegations in the "suit" and the
information we know about the "occurrence"
are such that no conflict appears to exist
between the interests of the insured and the
interests of the indemnitee;
e. The indemnitee and the insured ask us to
conduct and control the defense of that
indemnitee against such "suit" and agree that
we can assign the same counsel to defend
the insured and the indemnitee; and
f. The indemnitee:
(1) Agrees in writing to:
(a) Cooperate with us in the investigation,
settlement or defense of the "suit";
(b) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
"suit";
(c) Notify any other insurer whose
coverage is available to the
indemnitee; and
(d) Cooperate with us with respect to
coordinating other applicable
insurance available to the indemnitee;
and
(2) Provides us with written authorization to:
(a) Obtain records and other information
related to the "suit"; and
(b) Conduct and control the defense of the
indemnitee in such "suit".
So long as the above conditions are met,
attorneys' fees incurred by us in the defense of
that indemnitee,
necessary litigation expenses incurred by us and
necessary litigation expenses incurred by the
indemnitee at our request will be paid as
Supplementary Payments. Notwithstanding the
provisions of Paragraph 2.b.(2) of Section I —
Coverage A — Bodily Injury And Property
Damage Liability, such payments will not be
deemed to be damages for "bodily injury" and
"property damage" and will not reduce the limits
of insurance.
HG 00 01 09 1svage 616 of 3058
Attachment Code: D587565 Master ID: 1491108, Certificate ID: 21230821 Our obligation to defend an insured's indemnitee
and to pay for attorneys' fees and necessary
litigation expenses as Supplementary Payments
ends when:
a. We have used up the applicable limit of
insurance in the payment of judgments or
settlements; or
b. The conditions set forth above, or the terms of
the agreement described in Paragraph f.
above, are no longer met.
SECTION II - WHO IS AN INSURED
1. If you are designated in the Declarations as:
a. An individual, you and your spouse are
insureds, but only with respect to the conduct
of a business of which you are the sole
owner.
b. A partnership or joint venture, you are an
insured. Your members, your partners, and
their spouses are also insureds, but only with
respect to the conduct of your business.
c. A limited liability company, you are an
insured. Your members are also insureds, but
only with respect to the conduct of your
business. Your managers are insureds, but
only with respect to their duties as your
managers.
d. An organization other than a partnership, joint
venture or limited liability company, you are
an insured. Your "executive officers" and
directors are insureds, but only with respect to
their duties as your officers or directors. Your
stockholders are also insureds, but only with
respect to their liability as stockholders.
e. A trust, you are an insured. Your trustees are
also insureds, but only with respect to their
duties as trustees.
2. Each of the following is also an insured:
a. Employees And Volunteer Workers
Your "volunteer workers" only while
performing duties related to the conduct of
your business, or your "employees", other
than either your "executive officers" (if you are
an organization other than a partnership, joint
venture or limited liability company) or your
managers (if you are a limited liability
company), but only for acts within the scope
of their employment by you or while
performing duties related to the conduct of
your business.
However, none of these "employees" or
"volunteer workers" are insureds for:
(1) "Bodily injury" or "personal and advertising
injury":
(a) To you, to your partners or members (if
you are a partnership or joint venture),
to your members (if you are a limited
liability company), to a co -"employee"
while in the course of his or her
employment or performing duties
related to the conduct of your
business, or to your other "volunteer
workers" while performing duties
related to the conduct of your
business;
(b) To the spouse, child, parent, brother or
sister of that co -"employee" or that
"volunteer worker" as a consequence
of Paragraph (1)(a) above;
(c) For which there is any obligation to
share damages with or repay someone
else who must pay damages because
of the injury described in Paragraphs
(1)(a) or (1)(b) above; or
(d) Arising out of his or her providing or
failing to provide professional health
care services.
If you are not in the business of providing
professional health care services:
(a) Subparagraphs (1)(a), (1)(b) and (1)(c)
above do not apply to any "employee"
or "volunteer worker" providing first aid
services; and
(b) Subparagraph (1)(d) above does not
apply to any nurse, emergency medical
technician or paramedic employed by
you to provide such services.
(2) "Property damage" to property:
(a) Owned, occupied or used by,
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by
you, any of your "employees", "volunteer
workers", any partner or member (if you
are a partnership or joint venture), or any
member (if you are a limited liability
company).
b. Real Estate Manager
Any person (other than your "employee" or
"volunteer worker"), or any organization while
acting as your real estate manager.
c. Temporary Custodians Of Your Property
Any person or organization having proper
temporary custody of your property if you die,
but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has been
appointed.
d. Legal Representative If You Die
Your legal representative if you die, but only
HG 00 01 09 16 Page 11 of 21
Attachment Code: D587565 Master ID: 1491108, Certificate ID: 21230821 with respect to duties as such. That
representative will have all your rights and
duties under this Coverage Part.
e. Unnamed Subsidiary
Any subsidiary, and subsidiary thereof, of
yours which is a legally incorporated entity of
which you own a financial interest of more
than 50% of the voting stock on the effective
date of the Coverage Part.
The insurance afforded herein for any
subsidiary not named in this Coverage Part
as a named insured does not apply to injury
or damage with respect to which such insured
is also a named insured under another policy
or would be a named insured under such
policy but for its termination or the exhaustion
of its limits of insurance.
3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or limited
liability company, and over which you maintain
financial interest of more than 50% of the voting
stock, will qualify as a Named Insured if there is
no other similar insurance available to that
organization. However:
a. Coverage under this provision is afforded only
until the 180th day after you acquire or form
the organization or the end of the policy
period, whichever is earlier;
b. Coverage A does not apply to "bodily injury"
or "property damage" that occurred before
you acquired or formed the organization; and
c. Coverage B does not apply to "personal and
advertising injury" arising out of an offense
committed before you acquired or formed the
organization.
4. Nonowned Watercraft
With respect to watercraft you do not own that is
less than 51 feet long and is not being used to
carry persons for a charge, any person is an
insured while operating such watercraft with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the watercraft, and
only if no other insurance of any kind is available
to that person or organization for this liability.
However, no person or organization is an insured
with respect to:
a. "Bodily injury" to a co -"employee" of the
person operating the watercraft; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by you
or the employer of any person who is an
insured under this provision.
5. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The following person(s) or organization(s) are an
additional insured when you have agreed, in a
written contract, written agreement or because of
a permit issued by a state or political subdivision,
that such person or organization be added as an
additional insured on your policy, provided the
injury or damage occurs subsequent to the
execution of the contract or agreement.
A person or organization is an additional insured
under this provision only for that period of time
required by the contract or agreement.
However, no such person or organization is an
insured under this provision if such person or
organization is included as an insured by an
endorsement issued by us and made a part of
this Coverage Part.
a. Vendors
Any person(s) or organization(s) (referred to
below as vendor), but only with respect to
"bodily injury" or "property damage" arising
out of "your products" which are distributed or
sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products -completed operations hazard".
(1) The insurance afforded the vendor is
subject to the following additional
exclusions:
This insurance does not apply to:
(a) "Bodily injury" or "property damage" for
which the vendor is obligated to pay
damages by reason of the assumption
of liability in a contract or agreement.
This exclusion does not apply to
liability for damages that the vendor
would have in the absence of the
contract or agreement;
(b) Any express warranty unauthorized by
you;
(c) Any physical or chemical change in the
product made intentionally by the
vendor;
(d) Repackaging, except when unpacked
solely for the purpose of inspection,
demonstration, testing, or the
substitution of parts under instructions
from the manufacturer, and then
repackaged in the original container;
(e) Any failure to make such inspections,
adjustments, tests or servicing as the
vendor has agreed to make or normally
HG 00 01 0916Page 618 of 3058
Attachment Code: D587565 Master ID: 1491108, Certificate ID: 21230821 undertakes to make in the usual
course of business, in connection with
the distribution or sale of the products;
(f) Demonstration, installation, servicing
or repair operations, except such
operations performed at the vendor's
premises in connection with the sale of
the product;
(g) Products which, after distribution or
sale by you, have been labeled or
relabeled or used as a container, part
or ingredient of any other thing or
substance by or for the vendor; or
(h) "Bodily injury" or "property damage"
arising out of the sole negligence of the
vendor for its own acts or omissions or
those of its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i) The exceptions contained in Sub-
paragraphs (d) or (f); or
(ii) Such inspections, adjustments,
tests or servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products.
(2) This insurance does not apply to any
insured person or organization, from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or containing
such products.
b. Lessors Of Equipment
(1) Any person(s) or organization(s) from
whom you lease equipment; but only with
respect to their liability for "bodily injury",
"property damage" or "personal and
advertising injury" caused, in whole or in
part, by your maintenance, operation or
use of equipment leased to you by such
person(s) or organization(s).
(2) With respect to the insurance afforded to
these additional insureds this insurance
does not apply to any "occurrence" which
takes place after the equipment lease
expires.
c. Lessors Of Land Or Premises
Any person or organization from whom you
lease land or premises, but only with respect
to liability arising out of the ownership,
maintenance or use of that part of the land or
premises leased to you.
With respect to the insurance afforded these
additional s apply
ureds the following additional
This insurance does not apply to:
1. Any "occurrence" which takes place after
you cease to lease that land; or
2. Structural alterations, new construction or
demolition operations performed by or on
behalf of such person or organization.
d. Architects, Engineers Or Surveyors
Any architect, engineer, or surveyor, 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 connection with your premises; or
(2) In the performance of your ongoing
operations performed by you or on your
behalf.
With respect to the insurance afforded these
additional insureds, the following additional
exclusion applies:
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
services by or for you, including:
1. The preparing, approving, or failing to
prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
specifications; or
2. Supervisory, inspection, architectural or
engineering activities.
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others
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.
e. Permits Issued By State Or Political
Subdivisions
Any state or political subdivision, but only with
respect to operations performed by you or on
your behalf for which the state or political
subdivision has issued a permit.
With respect to the insurance afforded these
additional insureds, this insurance does not
apply to:
(1) "Bodily injury", "property damage" or
"personal and advertising injury" arising
out of operations performed for the state
or municipality; or
HG 00 01 09 16 Page 13 of 21
Attachment Code: D587565 Master ID: 1491108, Certificate ID: 21230821 (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
@liOrrgh9PfORiF0 KtiV24I-VRANAliks
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: 21230821 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: 21230821 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: 21230821 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
Attachment Code: D587565 Master ID: 1491108, Certificate ID: 21230821 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
anyy attached machinery or equipment; or
or
b. cnompulsory or tinanciai l resp on unitbieciy law 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: 21230821
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: 21230821 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 -
HG 00 01 09 16Page 626 of 3058
Attachment Code: D587565 Master ID: 1491108, Certificate ID: 21230821 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 furnished tryo worker" substitute torra 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: D587568 Master ID: 1491108, Certificate ID: 21230821 Policy Number: 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
holder(s) information 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 term
Form IH 03 22 08 12
© 2012 The Hartford
Attachment Code: D587561 Master ID: 1491108, Certificate ID: 21230821 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 Hartford (Includes copyrighted material
of ISO Props tiees,ju , b29�wittb is ermission.)
Pag
Attachment Code: D587561 Master ID: 1491108, Certificate ID: 21230821 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.
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.
(3)
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 Hartford (Includes copyrighted material
of ISO Properties, woT JiUs,5ermission.)
Attachment Code: D587561 Master ID: 1491108, Certificate ID: 21230821 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 III - 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:
(1) Permanently installed in or upon
the covered "auto";
(2) 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
(3)
Form HA 99 16 03 12
© 2011, The Hartford (Includes copyrighted material
of ISO Propogp,6r, eyftl3( germission.) Page 3 of 5
Attachment Code: D587561 Master ID: 1491108, Certificate ID: 21230821 (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
III - 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
III - 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 Hartford (Includes copyrighted material
of ISO Properrtge, Inc 2 Otf iisermission.)
Attachment Code: D587561 Master ID: 1491108, Certificate ID: 21230821 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.
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Propisaiu,09, dftMtBermission.)
Attachment Code: D587582 Master ID: 1491108, Certificate ID: 21230821 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER
FROM OTHERS ENDORSEMENT
Policy Number: 22 WE BE9P58 Endorsement Number:
Effective Date: 05/01/2024 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
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 written contract or agreement to obtain this waiver of rights from us
Countersigned by
Authorized Representative
Form WC 00 03 13 Printed in U.S.A.
Attachment Code: D587584 Master ID: 1491108, Certificate ID: 21230821 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: 22 WE BE9P58
Effective Date: 05/01/2024
Named Insured and Address: NV5 Global, Inc.
200 S Park RD
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 0/0 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: 05/01/2024 Policy Expiration Date: 05/01/2025
N
July 28, 2025
Vincent Lopez
Project Manager - Capital Projects
City of Beaumont
550 E. Sixth St.
Beaumont, CA 92223
V
SUBJECT: FY25 Annual Citywide Street Rehabilitation and Maintenance: Construction Inspection Services
Dear Mr. Lopez,
5 NV5, Inc. is excited to have the opportunity to provide Construction Inspection Services to the City of Beaumont (City) for the FY25 Annual Citywide Street Rehabilitation and Maintenance: Construction Inspection Services. Our team has the technical knowledge and experience to assure your project is completed in a timely and cost-effective manner. We have prepared this proposal to demonstrate how our team is best suited to deliver the requested services.
PROJECT UNDERSTANDING
We understand that the City is seeking a consulting firm to provide Construction Inspection Services for the above project. This project involves:
Complete Removal and Replacement 11,835 sf, Truncated Domes many locations, Top Landing, Bottom Landing Domes 1,900 sf, Top Landing, Domes 880 sf, Top Landing 150 sf, Top Landing, Truncated 200 sf, Bottom Landing, Domes 100 sf, Truncated Domes, Wing 200 sf, Mill 1,151,114.58 sf, and Slurry 897,669.5803 sf. Working with the City, we have identified the following critical issues that will need construction inspection:
1. Pre -Paving Preparations
o Subgrade and base conditions: Verifying proper grading, compaction, and drainage. o Surface cleanliness: Ensuring the area is free of debris, moisture, or oil that could affect bonding.
o Tack coat application: Checking uniform coverage and correct material usage.
2. During Asphalt Placement
o Material delivery: Confirming the asphalt mix matches approved specifications and is delivered at the correct temperature.
o Paver operations: Observing the paving machine for consistent speed, alignment, and mat thickness.
o Joint construction: Inspecting longitudinal and transverse joints for proper overlap and compaction.
3. Compaction and Density
o Roller patterns: Monitoring roller types, passes, and timing to achieve optimal compaction.
o Field density testing: Using nuclear gauges or other methods to measure in -place density and ensure it meets project requirements.
4. Materials Testing
o Sampling asphalt: Collecting samples for lab testing (e.g., mix density, asphalt content, air voids) to verify compliance with mix design. o Temperature checks: Ensuring asphalt is placed and compacted within the specified temperature range.
5. Documentation and Reporting
133 Technology Drive, Suite 200 I Ov teCtWr citt4v.NV5.com I Office 949.585.0477
Letter of Proposal
o Daily reports: Recording weather conditions, crew activities, equipment used, and any deviations from the plan.
o Compliance tracking: Noting any nonconforming work and coordinating corrective actions.
6. Final Inspection
o Surface smoothness: Checking for bumps, dips, or segregation. o Thickness verification: Confirming the final pavement layer meets design thickness. o Drainage and slope: Ensuring proper water runoff and grade alignment.
SCOPE OF WORK
Detailed and accurate quality control of the contractor's work is required for successful project completion. Our construction inspector will discuss the contractor's work progress and coordinate with the City's project manager and construction inspector at all times that work is progressing. Our staff will have a thorough knowledge and understanding of the contract documents to allow implementation of effective quality assurance and quality control. Our services will include:
Full -Time Construction Inspection 100 calendar days:
• Perform daily field and quality control inspections and measurements of the contractor's work, submittals, and construction materials to assure all conform to the contract documents, City codes and ordinances, "Greenbook" Standard Specifications, Manual of Traffic Controls for Construction and Maintenance Work Zones, and other applicable codes and regulations.
• Prepare daily reports detailing work completed and/or other activities for each day the contractor performs work. Daily reports will be done on CMIS or other City-approved/provided web -based platform and will state the date, weather conditions, traffic control measures taken, progression of work, and subcontractors, equipment and employees on -site, and any major incidents/safety violations, complete with photographs. • Assure implementation of a traffic control plan that is in accordance with the latest Manual on Uniform Traffic Control Devices (MUTCD) or City -approved traffic control plans, the City's requirements, and the contract documents.
• Compile detailed punch lists with the City, consultants, and contractor on CMIS. We will conduct a preliminary walk-through with the contractor to assure there are no outstanding issues and to generate a preliminary punch list. After completion of the preliminary punch -list items, we will conduct a punch -list walk-through with the City's project manager, contractor and consultants to generate the official and final punch list. • Review the contractor's Final Application for Payment for completeness and forward to the City for approval.
• Upon project completion, conduct a final inspection and prepare and submit redline plans to the City.
Part -Time Materials Testing During the 100 calendar days:
• Materials testing for subgrade preparation, subbase, and pavement • Laboratory testing for proctor curves in a 4 -inch mold, 2 each • Sand equivalent testing, 2 each
• HVEEM Stability test (S -Value) of Asphalt Concrete, 10 each • Extraction Ignition Oven (including gradation) 10 each
Letter of Proposal
PROJECT TEAM
Over the last few years, our team has established a strong working relationship with the City. We know what the City expects of its consultants, and we are familiar with the City's construction standards and administrative procedures.
NV5 is proposing up to two inspectors for this project. They are Micheal Harrell and Michael Helma, with India Allen (formerly India Woodruff) as alternate/backup inspector. Ms. Luanne Bean, PE, is also available as your dedicated Construction Manager, in case assistance is required. Our inspectors bring decades of experience in the inspection of public works projects and have specific expertise in street improvements, sewer, water and storm drain systems, heavy grading, concrete structures, traffic signals, paving and landscaping. Resumes are attached to this letter of proposal for your consideration.
PROJECT APPROACH
Although our staff will work directly with the City project manager assigned to the project, all construction inspectors are required to communicate with our Construction Manager, Ms. Bean, with regard to any extraordinary circumstances, such as potential claims and issues affecting schedule or budget. This, in turn, provides the City added technical support to facilitate resolution of such challenges. In some cases, our Construction Manager will consult with our in-house civil engineers to gain a more in-depth perspective on the situation and develop sound, engineered solutions.
PROPOSED FEE
Our cost estimate for this project is $201,557. This is based on full-time coverage over a 40 -working - day construction duration. A fee breakdown by tasks and hours is attached to this letter of proposal.
We look forward to the opportunity to work with the City and help you achieve your goals and objectives. If you need further information, I may be reached by phone at (951) 377-1566, or electronically at [email protected]. Thank you for your time and consideration.
Respectfully submitted,
NV5
Luanne Bean, PE
Director of Program and
Construction Management
PN: 2700225-0009461.00
J frey M. Cooper, PE
E P, Chief Operating Officer
N
V
5 FEE PROPOSAL - ESTIMATE
CITY OF BEAUMONT
Inspection Services for FY25 Annual Citywide Street Rehabilitation and Maintenance: Construction Inspection Services TASK
NO.
WORK DESCRIPTION
CONSTRUCTION
/PROJECT
MANAGER
$190
INSPECTOR'
$155
Nuclear Density
Gauge & Truck
$65.00
TECHNICIAN
ASPHALT
PAVEMENT
HRs
-
$135.00
ADMINISTRATION
EA
$98.00
ODCS
TOTAL
FEE
HRs
$
HRs
$
HRs
$
$
$
1 Construction Inspection
1st FT Construction Inspection (100 CD, 70WD)
12 $2280
560
$86,800
$100.00
$89,180
2nd FT Construction Inspection (100 CD, 70WD)
12 $2280
560
$86,800
$100.00
$89,180
CMIS Web -based Platform (Daily Reports, etc.
No Charge)
2 Materials Testing
2'1
PT Technician for Removal/Subgrade
Preparation/Subbase/Pavement
4 $760
$0
24 $1,560.00
96 $12,960.00
4 $392.00
$750.00
$16,422
2.2 2 Total Proctor Curves 4 -Inch mold
$0
$0
$0.00
$490.00
$490
2.3 2 Total Sand Equivalents
$0
$0
$0.00
0 $0.00
0 $0.00
$270.00
$270
2.4 2 Total Sieve Analysis
$0
$0
$0.00
0 $0.00
0 $0.00
$270.00
$270
2 5
10 Total HVEEM Stability Test (S -Value) of
Asphalt Concrete
$0
$0
$0.00
$2,150.00
$2,150
2.6 10 Total Extraction Ignition Oven (Inc Gradation)
$0
$0
$0.00
0 $0.00
0 $0.00
$2,450.00
$2,450
2.7 Plant Inspection
$0
$0
1 $65.00
8 $1,080.00
0 $0.00
$1,145
Total
*Rates shown are prevailing wage rates for up to 8 hours, these will be additional pass -through fees.
28 8
$5,320
to 12 hours is
1120
1.5XRate,
$173,600
over 12H
25 weekends
$1,625
& Holidays
0 is
$14,040
2xRate. Rates
0 exclude
$392
CWA/PLA fees.
$6,580
If CLA/PLA
$201,557.00
$201,557.00
fees apply,
RESUME
CONTACT INFO
[email protected]
EXPERIENCE
35 years
EDUCATION
M.S. Civil Engineering
B.S. Civil Engineering
LICENSES
Civil Engineer (CA)
No. 50129
Former Class A General
Engineering Contractor
REGISTRATIONS
FEMA OPS - I
HAZMAT First Responder/
Operations Level
DOT Offers of Bulk
and Non -Bulk HAZMAT
Packages
Nuclear Waste Safety
for Workers
SCRRA Safety Trained
Confined Space Entry
Trained
V
5 LUANNE BEAN, PE
Construction Manager
Ms. Bean has more than 35 years of experience in the engineering, design, and construction of public works projects. As a Registered Civil Engineer and a former Class A General Engineering Contractor, Ms. Bean has seen construction from both sides of the fence. Her technical skills include specialized structural analysis and design of large 600-MGD water treatment plants, pipelines up to 12 feet in diameter, mechanical analysis, SCADA & I&C oversight and coordination, diesel generator design and AQMD permitting, the preparation of engineering plans, specifications and cost estimates, as well as construction management.
Project Experience
Project Management Services for Various CIP
CITY OF EL MONTE I EL MONTE, CA
Project Manager. Ms. Bean oversees NV5's contract with the City providing as -needed project management services on various Capital Improvements Projects, including augmentation of City staff. Ms. Bean is providing Project Management Services to the City on various Capital Improvements Projects. Projects include the following:
• Cypress Avenue Emergency Project (CIP 576)
• Staff Augmentation Project Manager
• Active Transportation for EI Monte Station and Downtown EI Monte Project (CIP 890)
• Miscellaneous Project Oversight for 2022, 2023 and 2024 • Merced Avenue Traffic Calming Project (CIP 003)
• EI Monte Regional Bicycle Commuter Access Improvement Project (CIP 016) • Nevada-Bodger Sewer and Pavement Improvements (CIP 005 and CIP 038) • Garvey Avenue Storm Drain Project (CIP 884)
• Bus Stop Improvement Project
On -Call Inspection Services
CITY OF SEAL BEACH I SEAL BEACH, CA
Project Manager. Ms. Bean is overseeing NV5's full-time on -call inspection of both CIP and developer projects for the City. Safety is a major concern for the City and in addition to our regular daytime inspectors, our inspectors have been called for night and weekend work to ensure traffic control is properly set up for items like Caltrans right -of way. Our inspectors provide inspections to document and determine the acceptability of the construction work in accordance with the City's approved plans, specifications, and standard details. Our NV5 inspectors report directly to the City's Project Manager.
Sidewalk & Curb Ramp Reconstruction (Phase 2)
CITY OF EL MONTE I EL MONTE, CA
Construction Manager. Ms. Bean provided construction management services for Phase 2 of this federally assisted Sidewalk & Curb Ramp Reconstruction project.
The scope of work includes parkway improvements along various local/residential roadways within the City and includes the reconstruction of existing PCC sidewalks, curb and gutter, driveways, and ADA curb ramps; tree root pruning; and potential tree removal/replacement.
Beyond Engineering
NV5
RESUME
CONTACT INFO
[email protected]
EXPERIENCE
12 years
LICENSES/CERTIFICATES
ICC Certified Reinforced
Concrete Inspector
ICC Certified Structural
Masonry Inspector
ICC Certified Soils Special
Inspector
ICC Certified Sprayed
Fireproofing Inspector
ACI Certification
ACI Field Grade I Testing
Technician
Nuclear Gauge
Certification
Certified California
Journeyman Laborer (AGC)
Certified California
Journeyman Carpenter
(AGC)
Certified forklift operator
V
5 MICHEAL HARRELL
Construction Inspector
Mr. Harrell has more than 12 years of experience in the construction, inspection, and materials testing industry. Mr. Harrell has extensive experience in structural and civil inspection on a variety public works infrastructure projects, working with Federal, State, and local agencies. His experience includes performing inspections and materials testing of underground sewer and storm drain pipelines and storm drain structures; structural building and bridge safety inspections; concrete and asphalt concrete paving; and sitework construction based on "Greenbook" and California Building Codes requirements. Mr. Harrell has an extensive background in residential and commercial construction, particularly carpentry. He has excellent written and verbal communication skills and is proficient in Excel and Word programs.
Project Experience
Construction Inspection Services
CITY OF REDLANDS I REDLANDS, CA
Construction Inspector 1. Mr. Harrell was responsible for inspecting all phases of construction of public works and private development projects as assigned. He reviewed plans and specifications of projects including: streets; storm drains; curb and gutter; sidewalk, street and alley pavement and grading; street light and traffic signal installation; water and wastewater distribution, collection and treatment systems; site grading operations; stormwater pollution control procedures; and public right-of-way landscaping. Mr. Harrell enforced compliance with construction codes, ordinances, policies, and contract plans and specifications, and conducted preconstruction meetings to suggest guidelines for projects. He compiled samples for analysis and performed routine field tests. Mr. Harrell's duties included documenting project progress, making payment recommendations, and communicating with property owners and other stakeholders on potential project effects.
Construction Inspection Services
NOVA SERVICES I SAN DIEGO, CA
Special Inspector. Mr. Harrell was responsible for inspecting all phases of construction of public works and private development projects as assigned, enforcing compliance with construction codes, ordinances, policies, and contract plans and specifications Construction Inspection Services
INLAND FOUNDATIONS ENGINEERING I SAN JACINTO, CA
Special Inspector. Mr. Harrell performed field and/or laboratory testing, observation, and inspection of construction materials (e.g. soils, aggregates, concrete, asphalt, and reinforcing steel). He communicated with project managers and contractors regarding the construction site and project requirements, and transported samples for testing.
He prepared and submitted work reports.
Beyond Engineering
NV5
RESUME
CONTACT INFO
[email protected]
EXPERIENCE
30 years
EDUCATION
B.S. Civil Engineering
LICENSES
LEED Accredited
Professional
V
5 MIKE HELMA, LEED AP
Construction Inspector
Mr. Helma has more than 30 years of experience in construction management and inspection with specific expertise in street improvements, sewer, water and storm drain systems, heavy grading, concrete structures, traffic signals, paving and landscaping.
He is a LEED Accredited Professional and is adept at managing and inspecting large - and small-scale projects. He has also served as augmented staff for various public works departments.
Project Experience
Enterprise Street Rehabilitation from Aliso Creek Road to Aliso Viejo Parkway
CITY OF ALISO VIEJO I ALISO VIEJO, CA
Construction Inspector. Mr. Helma provided construction inspection services for the Enterprise Street Rehabilitation project. The work included reconstruction of existing PCC sidewalks and curb ramps, reconstruction and resurfacing of existing AC pavement, and traffic signage and striping.
FY 2019-20 Arterial Roadway Rehab
CITY OF PLACENTIA I PLACENTIA, CA
Construction Inspector. Mr. Helma provided construction inspection services for the City's federally funded annual arterial roadway rehabilitation project. The scope of work included the grind and overlay of approximately 4 miles of arterial roadway along with curb, gutter and sidewalk repairs, new ADA-compliant curb ramps, new pavement markings and signage, traffic signal modifications and other improvements and repairs as outlined by the City.
FY 2019-20 Street Improvements
CITY OF LA HABRA HEIGHTS I LA HABRA HEIGHTS, CA
Construction Inspector. Mr. Helma provided construction inspection services for the rehabilitation of various streets throughout the City of La Habra Heights. The scope of work included street reconstruction and resurfacing (crack seal and slurry seal, type I & II), installation of AC berms, drainage improvements, utility adjustments, and traffic signage and striping.
FY 2019-20 Annual Pavement Preservation Program (Zone 3 Slurry Seal)
CITY OF YORBA LINDA I YORBA LINDA, CA
Construction Inspector. Mr. Helma provided construction inspection services for the City's Annual Citywide Street Improvement Program. The scope of work included crack seal and slurry seal; utility adjustments; and traffic striping and signage.
Residential Street Rehabilitation
CITY OF WEST COVINA I WEST COVINA, CA
Construction Inspector. Mr. Helma provided construction inspection services for the rehabilitation of various streets throughout the City of West Covina. The scope of work included reconstruction of existing PCC sidewalks, driveways, curb and gutter, and ADA curb ramps; street reconstruction and resurfacing; utility adjustments; and traffic signage and striping.
Beyond Engineering
NV5
RESUME
CONTACT INFO
[email protected]
EXPERIENCE
8 years
EDUCATION
M.S. Civil Engineering
(Coastal Engineering)
B.S. Civil Engineering
LICENSES/CERTIFICATES
Metrolink Railroad Safety
Contractor Safety Trained,
No. 26471E22
AWARDS
► "Honors" AGC
Construction Project
Management Course,
San Diego, CA (January
2021)
► Ralph Alan Dusseau
Award for Civil &
Environmental
Engineering, Glasboro,
N.J. (May 2016)
V
5 INDIA ALLEN
Alternate Construction Inspector
Ms. Allen is a proactive, self -motivated Assistant Construction Manager/Resident Engineer/Inspector who has managed at -risk projects throughout Southern California.
She is experienced in Microsoft Office, Procore, Primavera P6, Microsoft Projects, AutoCAD, and Bluebeam Revu. Her solid negotiation and communication skills along with proven project management skills allow her to effectively interact with clients.
Project Experience
Diversion Sewer Pipes to Abandon Fox Hills Pump Station
CITY OF CULVER CITY I CULVER CITY, CA
Assistant Construction Manager. NV5 is providing construction management and inspection services for the Diversion Sewer Pipes to Abandon Fox Hills Pump Station project. The project will construct 1,230 LF of 18 -inch diversion sewer mains from Fox Hills pump station to Bankfield pump station. The project includes constructing 18 -inch FRPM (Fiberglass -reinforced pipe) in a 36 -inch RCP casing by microtunneling (1,223 LF) at an average depth of 28 feet to 30 feet; constructing new manholes; pavement restoration of all existing improvements; 18 -inch force main tie-in near City of Los Angeles manhole and associated temporary bypass system; 1,600 LF of abandonment of portions of the existing dual force 12 -inch and 18 -inch mains; 1,230 LF of CCTV inspection; and demolition of Fox Hills pump station and the Overland pump station.
Sidewalk & Curb Ramp Reconstruction (Phase 2)
CITY OF EL MONTE I EL MONTE, CA
Assistant Construction Manager. Ms. Allen served as Assistant Construction Manager for Phase 2 of this federally -assisted Sidewalk & Curb Ramp Reconstruction project.
The scope of work included parkway improvements along various local/residential roadways within the City and included the reconstruction of existing PCC sidewalks, curb and gutter, driveways, and ADA curb ramps; tree root pruning; and potential tree removal/replacement.
Rural Ridge Circle and Wilshire Avenue Water Main Replacement
CITY OF ANAHEIM PUBLIC UTILITIES DEPARTMENT I ANAHEIM, CA Resident Engineer. Ms. Allen served as the Resident Engineer for this water main replacement project. The work consisted of two water main improvement areas: the Rural Ridge area for 4,230 LF and the Wilshire -Pearl area for 2,750 LF of 8 -inch to 15 -inch potable water main (PVC pipe and Ductile -Iron pipe), tie-ins to the existing potable water system, 142 one- and two-inch water services and meters, existing main abandonment, and final street restoration..
Shady Lane, Olive Street and Country Hill Road Water Main Replacement
CITY OF ANAHEIM PUBLIC UTILITIES DEPARTMENT I ANAHEIM, CA Resident Engineer. Ms. Allen served as the Resident Engineer and the City's Representative for this design -build water main replacement project. The project consisted of three independent areas of water main replacement within the sensitive residential areas of Country Hill Road, Olive Street, and Shady Lane. There was 3,960 LF of 12 -inch, 10 -inch, 8 -inch and 6 -inch C909 PVC and DIP waterline, line -stops, tie-ins, and new laterals and meter services installed with final street restoration. This additionally involved the standard water main replacements including: shutdowns; dewatering; excavation; placement of the water mains, valves, and appurtenances; disinfection; and pressure testing followed by final street restoration.
Beyond Engineering
NV5
BEAUMONT
-C A L I F O R N I A
Staff Report
TO: City Council
FROM: Robert L. Vestal, Public Works Director
DATE: August 19, 2025
SUBJECT: EXP U.S. Services, Inc. Contract Amendment and Restatement (Contract No. C23-133.1)
Description: Amended and restated Professional Services Agreement with EXP U.S.
Services for the Cherry Channel Drainage (CIP R-07).
Background and Analysis:
Beaumont Municipal Code Section 3.02.060 — Award of Contract states in part, "City Council approval is required for all contracts for professional services when the cost of the services is $75,000 or more."On November 20, 2023, the City Manager executed a Professional Services Agreement (PSA) with EXP U.S. Services, Inc. for the design of the Cherry Channel Drainage (Project) in the amount of $74,598.05. The scope of services included the development of a full set of plans, specifications, and an estimate package ready for construction bidding, as well as bidding and construction support services for the proposed Project. The original agreement with EXP is provided as Attachment A for reference.
The Project proposes to line the existing channel with concrete to improve channel flow conditions and alleviate the increasing level of maintenance by City staff. The existing channel is lined with a turf -reinforced geo-mat along the side slope and channel bottom.
In October 2024, the City initiated Amendment No. 1 to the Professional Services Agreement (PSA). Processing the amendment was delayed due to the absence of a current Certificate of Insurance (COI) and required insurance endorsements. The City has now received the necessary insurance documents from EXP. As a result of this delay, the contract will need to be amended and restated to extend the term to November 20, 2026. The amended and restated agreement with EXP is provided as Attachment B for reference.
New PSA
No additional funds are needed at this time to complete the final design work. However, the existing contract expired on November 20, 2024.
Per Beaumont Municipal Code Chapter 3.02.070 — Term of Professional Services, the term of any professional services contract awarded shall be a maximum of five years, with two one-year renewals, subject to City Council approval. An expired contract requires an amended and restated agreement in order to extend the contract. An Amended and Restated Agreement consolidates and replaces the previous PSA and subsequent amendments, creating a new, integrated, and updated agreement.
City staff is recommending issuing an Amended and Restated Agreement per Beaumont Municipal Code Chapter 3.02.050(c.)— Exemptions to competitive procurement procedure, which states, "Upon obtaining approval from the City Council, the Purchasing Officer may engage the services of a professional firm or individual without complying with the competitive procurement procedures in the following circumstances: C. Public exigency or emergency will not permit delay." Public exigency is needed to avoid serious financial harm to the City. The award of an Amended and Restated Agreement allows the current design consultant to advance the 60% level and complete the design and avoid costly delays.
Fiscal Impact:
The cost to prepare this staff report is estimated to be $350.
No additional funds are being requested. The amount for the amended and restated agreement is $74,598.05.
The following is a summary of the funding and budget for the CIP R-07 Cherry Channel Drainage (Project):
CIP R-07 Cherry Channel Drainage (Lining) Project Funding Summary Estimated Project Cost= $750,000
1. General Fund,
$750,000, 100%
CIP R-07 Cherry Channel Drainage (Lining) Project Budget Summary Project
Com•onent
Budget Encumbered Paid to Date Remaining
Bud • et
ect Management
ill
Preliminary Services
$7,930 $(7,930) $(7,930) -
iironment F $180,000 $(177,254) $(151,264) =MIN
Design
$95,000 $(74,598) $(22,001) $20,402
Permits
i $22,070
Right -of -Way
Construction
r $445,000
Construction Management
Equipment
Total
$750,000
$(259,782)
$(181,195)
$490,218,
Recommended Action:
Approve the amended and restated agreement with EXP U.S. Services for professional design services, for the period of November 20, 2024, through November 20, 2027, in an amount not to exceed $74,598.05;
Authorize the Mayor to execute the agreement with EXP U.S. Services and all related documents as listed below; and,
Authorize the issuance of a revised purchase order to EXP U.S. Services in the amount of $74,598.05 for the purchase of professional design services.
Attachments:
A. Original Agreement — EXP U.S. Services
B. Amended and Restated Agreement — EXP U.S. Services
C. Levine Act Statement — EXP U.S. Services
City of Beaumont Agreement #
C23-133
AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR
THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the 20th day of November 2023, by and between the CITY OF BEAUMONT ("CITY") whose address is 550 E. 6th Street, Beaumont, California 92223 and EXP U.S. Services, a California Corporation, whose address is 205 N. Michigan, Suite 3600, Chicago, IL 60601 ("CONTRACTOR").
RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:
A. CITY desires to engage CONTRACTOR to provide professional engineering services for the design phase of the Cherry Channel; and B. CONTRACTOR has made a proposal ("Proposal") to the CITY to provide such professional services, which Proposal is attached hereto as Exhibit "A" and incorporated herein by this reference; and
C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to CITY that CONTRACTOR possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, CITY and CONTRACTOR agree as follows:
1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after one (1) year(s) unless extended by the parties with the approval of the City Council of the CITY.
2. Services to be Performed. CONTRACTOR agrees to provide the services ("Services") as follows: Professional Engineering Services per Exhibit "A". All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. CONTRACTOR designates Syed Raza, PE. as CONTRACTOR'S professional(s) responsible for overseeing the Services provided by CONTRACTOR.
3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR's sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform the Services; provided, however, that CONTRACTOR shall not subcontract any of the Services without the written consent of CITY.
4. Compensation.
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4.01 CONTRACTOR shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the CITY. Notwithstanding anything in this Agreement to the contrary, total fees and charges paid by CITY to CONTRACTOR under this Agreement shall not exceed Seventy Four Thousand, Five Hundred and Ninety -Eight Dollars and Five Cents ($74,598.05).
4.02 CONTRACTOR shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the CITY, in writing.
4.03 CONTRACTOR shall submit to CITY, on or before the fifteenth (15t'') of each month, itemized invoices for the Services rendered in the previous month. The CITY shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. CITY shall have the right to review and audit all invoices prior to or after payment to CONTRACTOR. This review and audit may include, but not be limited to CITY' s:
a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
b. Determination that the multiplication of the hours billed times the approved rate schedule dollars is correct;
c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If CITY determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, CITY shall either return the bill to CONTRACTOR with a request for explanation or adjust the payment accordingly, and give notice to CONTRACTOR of the adjustment.
4.04 If the work is satisfactorily completed, CITY shall pay such invoice within thirty (30) days of its receipt. Should CITY dispute any portion of any invoice, CITY shall pay the undisputed portion within the time stated above, and at the same time advise CONTRACTOR in writing of the disputed portion.
5. Obligations of CONTRACTOR.
5.01 CONTRACTOR agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement or contain additional terms that purport to bind the CITY other than the Services to be rendered and the price for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.
5.02 Except as otherwise agreed by the parties, CONTRACTOR will supply all personnel, materials and equipment required to perform the Services. CONTRACTOR shall provide its own offices, telephones, vehicles and computers and set its own work
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hours. CONTRACTOR will determine the method, details, and means of performing the Services under this Agreement.
5.03 CONTRACTOR shall keep CITY informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by CITY, CONTRACTOR shall prepare written status reports.
5.04 CONTRACTOR is responsible for paying, when due, all income and other taxes, fees and withholding, including withholding state and federal taxes, social security, unemployment and worker's compensation, incurred as a result of the compensation paid under this Agreement. CONTRACTOR agrees to indemnify, defend and hold harmless CITY for any claims, costs, losses, fees, penalties, interest, or damages suffered by CITY resulting from CONTRACTOR's failure to comply with this provision.
5.05 In the event CONTRACTOR is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations.
5.06 CONTRACTOR represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. In the event CITY is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity.
5.07 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR'S employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR's employees are eligible to work in the United States.
5.08 In the event that CONTRACTOR employs, contracts with, or otherwise utilizes any Ca1PERS retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the CITY and shall be subject to the CITY's advance written approval.
5.09 Drug -free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug - free workplace.
5.10 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder.
6. Insurance. CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall
City of Beaumont Agreement #
C23-133
comply with all laws applicable to worker safety including but not limited to Cal -OSHA.
Therefore, throughout the duration of this Agreement, CONTRACTOR hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit "B" are copies of Certificates of Insurance and endorsements as required by Section 7.02. If existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.
CONTRACTOR shall provide the following types and amounts of insurance:
6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; CONTRACTOR agrees to have its insurer endorse the general liability coverage required herein to include as additional insured's CITY, its officials, employees and agents. CONTRACTOR also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6.
6.02 Business Auto Coverage in an amount no less than $1 million per accident.
If CONTRACTOR or CONTRACTOR's employees will use personal autos in performance of the Services hereunder, CONTRACTOR shall provide evidence of personal auto liability coverage for each such person.
6.03 Workers' Compensation coverage for any of CONTRACTOR's employees that will be providing any Services hereunder. CONTRACTOR will have a state -approved policy form providing statutory benefits as required by California law. The provisions of any workers' compensation will not limit the obligations of CONTRACTOR under this Agreement. CONTRACTOR expressly agrees not to use any statutory immunity defenses under such laws with respect to CITY, its employees, officials and agents.
6.04 Optional Insurance Coverage. Choose and check one: Required X /Not Required _; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and/or agents in the performance of any Services for CITY.
7. General Conditions
lertaininu to Insurance Coverage
7.01 No liability insurance coverage provided shall prohibit CONTRACTOR from waiving the right of subrogation prior to a loss. CONTRACTOR waives all rights of subrogation against CITY regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do likewise.
7.02. Prior to beginning the Services under this Agreement, CONTRACTOR shall furnish CITY with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.
7.03. All required policies shall be issued by a highly rated insurer with a minimum A.M. Best rating of "A:VII"). The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be
City of Beaumont Agreement #
C23-133
suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.
7.04 Self-insurance does not comply with these insurance specifications.
CONTRACTOR acknowledges and agrees that that all insurance coverage required to be provided by CONTRACTOR or any subcontractor, shall apply first and on a primary, non- contributing basis in relation to any other insurance, indemnity or self-insurance available to CITY.
7.05 All coverage types and limits required are subject to approval, modification and additional requirements by CITY, as the need arises. CONTRACTOR shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect CITY' s protection without CITY' s prior written consent.
7.06 CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss against CONTRACTOR or arising out of the Services performed under this Agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
8. Indemnification.
8.01 CONTRACTOR and CITY agree that CITY, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement by CONTRACTOR or any subcontractor or agent of either as set forth herein.
Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to CITY.
CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect CITY as set forth herein.
a. To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless CITY, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys' fees incurred by CITY, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of, or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement.
CONTRACTOR'S obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR (and/or CONTRACTOR'S agents and/or employees) is alleged to be an employee of CITY.
All obligations under this provision are to be paid by CONTRACTOR as they are incurred by CITY.
City of Beaumont Agreement #
C23-133
b. Without affecting the rights of CITY under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless CITY as set forth above for liability attributable solely to the fault of CITY, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction.
8A. Indemnification Design Professionals.
8A.01 In the event that CONTRACTOR is a design professional under California Civil Code Section 2782.8 this Section 8A shall apply instead of Section 8. To the fullest extent permitted by California law and in accordance with California Civil Code section 2782.8, CONTRACTOR shall indemnify, and hold harmless the City, its officers, employees, trustees and members ("Indemnified Parties") from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney's and consultants' fees and causes of action including, but not limited to those for, injury to property or persons, including personal injury and/or death ("Claim(s)"), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of CONTRACTOR, its directors, officials, officers, employees and consultants arising out of, connected with, or resulting from the perfonnance of the Services, the Project, or this Agreement. This indemnity excludes liability caused by the negligence or willful misconduct of any of the Indemnified Parties.
The cost to indemnify, hold harmless, and defend charged to CONTRACTOR shall not exceed CONTRACTOR'S proportionate percentage of fault.
9. Additional Services. Changes and Deletions.
9.01 In the event CONTRACTOR performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of CITY, CONTRACTOR shall not be compensated for such services.
CONTRACTOR expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the CITY in writing.
9.02 CONTRACTOR shall promptly advise the City Manager and Finance Director of CITY as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the CITY and/or City Council.
10. Termination of Agreement.
10.01 Notwithstanding any other provision of this Agreement, CITY, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days' written notice to CONTRACTOR.
10.02 In the event of termination, the payment of monies due CONTRACTOR for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement.
City of Beaumont Agreement #
C23-133
Immediately upon termination, CONTRACTOR agrees to promptly provide and deliver to CITY all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to CITY.
11. Status of CONTRACTOR.
11.01 CONTRACTOR shall perform the Services in CONTRACTOR's own way as an independent contractor, and in pursuit of CONTRACTOR's independent calling, and not as an employee of CITY. However, CONTRACTOR shall regularly confer with CITY's City Manager as provided for in this Agreement.
11.02 CONTRACTOR agrees that it is not entitled to the rights and benefits afforded to CITY's employees, including disability or unemployment insurance, workers' compensation, retirement, Ca1PERS, medical insurance, sick leave, or any other employment benefit. CONTRACTOR is responsible for providing, at its own expense, disability, unemployment, workers' compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.
11.03 CONTRACTOR hereby specifically represents and warrants to CITY that it possesses the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of CITY and that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services in the same geographic area where the CITY is located. Further, CONTRACTOR represents and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement.
12. Ownership of Documents: Audit.
12.01 A11 draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties and all other documents of any kind or nature prepared, developed or obtained by CONTRACTOR in connection with the performance of Services performed for the CITY shall become the sole property of CITY, and CONTRACTOR shall promptly deliver all such materials to CITY upon request. At the CITY's sole discretion, CONTRACTOR may be permitted to retain original documents, and furnish reproductions to CITY upon request, at no cost to CITY.
12.02 Subject to applicable federal and state laws, rules and regulations, CITY shall hold all intellectual property rights to any materials developed pursuant to this Agreement. CONTRACTOR shall not such use data or documents for purposes other than the performance of this Agreement, nor shall CONTRACTOR release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of CITY.
12.03 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all-time records, accounting records and
City of Beaumont Agreement #
C23-133
vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during nonnal business hours and as often as CITY may deem necessary, CONTRACTOR shall make available to CITY 's agents for examination all of such records and shall permit CITY' s agents to audit, examine and reproduce such records.
13. Miscellaneous Provisions.
13.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of Services by CONTRACTOR for CITY and contains all of the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties.
13.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of CITY. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.
13.03 CONTRACTOR shall timely file FPPC Form 700 Conflict of Interest Statements with CITY if required by California law and/or the CITY' s conflict of interest policy.
13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees and costs, in addition to any other relief to which that party may be entitled.
13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. The parties agree that venue in any litigation between them shall be in Riverside County, California.
13.06 CONTRACTOR covenants that neither it nor any officer or principal of its fine has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder.
CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor.
13.07 CONTRACTOR has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. CONTRACTOR agrees that they are unaware of any financial or economic interest of any public officer or employee of the CITY relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the CITY may immediately terminate this Agreement by giving notice thereof. CONTRACTOR shall comply with the requirements
City of Beaumont Agreement #
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of Government Code section 87100 et seq. and section 1090 in the performance of and during the term of this Agreement.
13.08 Improper Consideration. CONTRACTOR shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the CITY in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by CITY. The CITY, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the CITY with respect to the proposal and award process of this Agreement or any CITY contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any CITY contract has been awarded. CONTRACTOR shall immediately report any attempt by any CITY officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from CONTRACTOR.
13.09 Severability. If any portion of this Agreement is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the entire balance of this Agreement not so affected shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above written.
CITY:
CITY ) BEAUMONT
By
.liz eth Gibbs, City Manager
CONTRACTOR:
EXP U.S. Services
By:
V
Print Name: Syed Raza
Title: Project Manager
9
City of Beaumont Agreement #
C23-133
EXHIBIT "B"
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
(insert behind this page)
EXP U.S. Services
City of Beaumont Cherry A ve . Channel Lining
April 10,2023
890£10 899 abed
TASK
DESCRIPTI ON
FI RM
d
Z.
a
m
co
co
-
5 c
N
N
x
J
1-ifj
J
2 RATES 390.713 390.713 338.28 153 .764
Hourly Billing Rate For
1211/23 to 3/30124
Hourly Billing Rate For
4/1/24 to 12/31/24 4
Hourly Billing Rate F or
1/1/24 to 12131/24ili rd
Ho urly Billing Rat e F or od
111/25 to 12/31/25 0
Hourly Billing Rate For E
111/26 to 12/31/26
Hourly Billing Rate F or
1/1/27 to 12/31/27 Elg
TASKS WITH SUB TASKS
, c^. 'Y' Vii-Cc'ac
bP
to
0 _
.:. .
Proiecl Maya ement
EXP
_L,1
•.
0 0
0 4
$ - I $1,562 .85
Meetin gs Sche du le an d M onth. Pro ject Re gortin•
EXP
4 0
0 0
4 $ $1,562 .85
tc
QA/QC
EXP
4 0
0 6
5 - I $2,344 .28
2a
Data Gathering
and Field Rec onna issa nc e
EXP
0 0
8 0
8 $ $2,706 .24
2b
inde pendent Review Technical Memorandum
EXP
0 0
0 0
0 $ $0 .00
2c
'Toipoyraphic Mapping
CL Surveying
$ 13,200.00
2d
"Geo technical A sse ssment •
E MI
$ 3.864.00
3a
H ydrologic Assessment
EXP
0 0
0 0
0 $ - I $0 .00
3b
HEC-RAS Models Assumes 3 alternatives)
EXP
0 _
0 0
0 0
$ - (t $0.00
3c
Draft Hydraulics Re po rt
EXP
0 0
8 0
8 $ - $2,706.24
3d
Final H • - utso Rep ort
EXP
0 0
4 0
4 $ - I $1 .353.12
4a
CEQ A - IS/M ND COM
$ -
4b
Te chn ical Studies CO M
$ -
5a
En gineering Technical Studies
EXP
0 0
0 0
0 $ -
$0 .00
56 RCFCD Co ordina tion and Approva l
EXP
0 0
0 0
0 $ -
$0.00
5c
"'Section 4041401/1602 Permittint
CO M
$ -
1/0% PS&E
EXP
2 0
24 6a
100
126
$ - $24,276.49
6b
90% PS&E
EXP
2 0
24 50
76 $ - $16,588.31
Sc
100% PS&E
EXP
2 0
24 44
70 S - $15,665.73
— — — -
TOTAL
24 4
100
194
322
$ 17,064.00
$ 74,598 ,05
Optio na l Fee d c hannel topo is not available or major gradmg is required. " Ge otechnical A ssessme nt o nly inc ludes rev ie w of Tec hnical Memo from Converse Consultant 2022. "' Assumes 404 Nationwide Permit
AcoRb� CERTIFICATE OF LIABILITY INSURANCE
I
DATE(MM/DDNWY)
03/29/202.3
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Willis Towers Watson Midwest, Inc.
c/o 26 Century Blvd
P.O. Box 305191
Nashville, TN 372305191 USA
CONTACT Willis Towers Watson Certificate Center
NAME:
PHONE 1-877-945-7378 FAX 1-888-467-2378
.1A'C, No, E:t): _ IA/C, No.):
ADDRESS: [email protected]
INSURER(S) AFFORDING COVERAGE
NAIC#
INSURERA: XL Insurance America Inc
24554
INSURED
axP Global, Inc.
205 N. Michigan Ave, Ste 3600
Chicago, IL 60601
INSURERS: National Fire Insurance Company of Hart for
20478
Continental Casualty Company
INSURER C : P Y
20443
INSURERD: AIG Insurance Company of Canada
B1206
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER: W28516616
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL SUBR
INSD WVD
POLICY NUMBER
POLICY EFF
tMMIDD/YYYY)
POLICY EXP
IMM!DDIYVYY:
LIMITS
A
X COMMERCIAL GENERAL
Liability
X
LIABILITY
OCCUR
Y
Y
US00057823L223A
_
03/31/2023
03/31/2024
I
EACH OCCURRENCE
$ 2,000,000
CLAIMS -MADE
DAMAGE TO aoNTED
PREMISES SES (EEa occurrence)
$ 2,000,000
X
Contractual
_
MED EXP (Any one person)
$ 25,000
PERSONAL&ADVINJURY
$ 2,000,000
GEN'L
AGGREGATE LIMIT APPLIES
POLICY X PROT
..MT -
OTHER:
PER:
GENERAL AGGREGATE
$ 2,000,000
LOC
PRODUCTS-COMP/OPAGG
$ 2,000,000
$
AUTOMOBILE
LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
6076413496
03/31/2023
03/31/2024
COMBINED SINGLE LIMIT
,Ea accident
$ 1, 000, 000
X
BODILY INJURY (Per person)
$
_
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
Per accident
$
$
UMBRELLA LIAB
EXCESS LIAB
I I
OCCUR
EACH OCCURRENCE
$
i CLAIMS-MADE
AGGREGATE
$
DED I RETENTION $
$
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS
YIN
NIA
6072004033
03/31/2023
03/31/2024
X PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
$ 1,000,000
No
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
below
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
D
Professional Liability
061127095
03/31/2023
03/31/2024
Per Claim
Aggregate
$3,000,000
$3,000,000
DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Proposals For On -Call Professional Traffic Engineering Services Location: 451 East Vanderbilt Way, Suite 375
San Bernardino, CA 92408
City of Beaumont (CITY), its officials, employees and agents are included as Additional Insureds as respects to
CERTIFICATE HOLDER
CANCELLATION
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2016 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
SR ID: Page 659 of 30fral. 2912O03
AGENCY CUSTOMER ID:
LOC #:
ACORCt
ADDITIONAL REMARKS SCHEDULE
AGENCY
Willis Towers Watson Midwest, Inc.
NAMED INSURED
EXP Global, Inc.
205 N. Michigan Ave, Ste 3600
Chicago, IL 60601
POLICY NUMBER
See Page 1
CARRIER
See Page 1
NAIC CODE
See Page 1
EFFECTIVE DATE: See Page 1
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance General Liability.
General Liability policy shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insureds.
Waiver of Subrogation applies in favor of City of Beaumont with respects to General Liability.
ACORD 101 (2008/01)
© 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
SR ID: 23928773 PBRTCH6A92cf33O58 CERT: W28516616
POLICY NUMBER: US00057823L123A COMMERCIAL GENERAL LIABILITY CG 20 26 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Any person or organization that you are required in a written contract or written agreement to include as an additional insured provided the "Bodily Injury" or "Property Damage" occurs subsequent to the execution of the written contract or written agreement.
Information recuired to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "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;
or
2. In connection with your premises owned by or
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
CG 20 26 12 19
© Insurance Services Office, Inc., 2018 Page 1 of 1
POLICY NUMBER: US00057823L123A COMMERCIAL GENERAL LIABILITY CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location(s) Of Covered Operations
Any person or organization that you are required in
a written contract or written agreement to include as
an additional insured provided the "Bodily Injury" or
"Property Damage" occurs subsequent to the
execution of the written contract or written
agreement.
As required per written contract
Information recuired to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or
equipment furnishedin connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
CG 20 10 12 19
© Insurance Services Office, Inc., 2018 Page 1 of 2
POLICY NUMBER: US00057823L123A COMMERCIAL GENERAL LIABILITY CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location And Description Of Completed Operations
Any person or organization that you are required
written contract or written agreement to include as
an additional insured provided the "Bodily Injury"
or "Property Damage" occurs subsequent to the
execution of the written contact or written
agreement.
As required per written contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and included
in the "products -completed operations hazard".
However:
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.
CG 20 37 12 19
© Insurance Services Office, Inc., 2018 Page 1 of 2
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
© Insurance Services Office, Inc., 2018 CG 20 37 12 19
Scope of Service: Design Phase of the Cherry Channel
Professional Services
Ord. 1160; Chapter 3.02
NTE $74,999.99 (Approval by CM)
❑X Quote (submit to City Clerk's Office for next steps) • Certificate of Insurance**
❑ Fully Executed Agreement
❑ Req must be entered & PO issued prior to order being placed.
Over $175,000
❑ Formal RFP or approved exception*
❑ Interviews and selection made (submit to City Clerk's Office for next steps) ❑ Subcommittee review
❑ Certificate of Insurance**
❑ Staff Report for City Council approval
❑ Fully Executed Agreement
❑ Req must be entered & PO issued prior to services commencing.
Insurance Requirements for Services
I21 General Liability (GL) - $1,000,000/ $2,000,000
d Business Auto Liability (AL) - $1,000,000/ $2,000,000 d Workers Comp (WC) - $1,000,000
d Professional Liability (PI / E&0) - $2,000,000
EAdditional Insured required for GL & AL
'Waiver of Subrogation required for GL, AL & WC
*Approved Exception List
❑ Legal Services
❑ Emergencies
❑ No competitive market
❑ No responses received
D Bidding already completed (Consortium)
CZ3 - 133
CxP N..f). irv;c,G�
Refer to Provisions for Bidding, Contracting and Purchases, Chapter 3.01. -Bidding Requirements Max 7 years: 5 -year w/two 1 -year renewals
City of Beaumont Agreement #
C23-133.1
AMENDED AND RESTATED AGREEMENT FOR PROFESSIONAL SERVICES BY
INDEPENDENT CONTRACTOR
THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the 19th day of August 2025, by and between the CITY OF BEAUMONT ("CITY") whose address is 550 E. 6th Street, Beaumont, California 92223 and, EXP U.S. Services, a California Corporation whose address is 205 N. Michigan, Suite 3600, Chicago, IL 60601 ("CONTRACTOR").
RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:
A. CITY currently has an agreement with the CONTRACTOR to provide Engineering Design Services for the R-07 Cherry Channel Drainage Project; and B. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to CITY that CONTRACTOR possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services; and
C. The existing Agreement between the CITY and the CONTRACTOR cannot be extended, as the term of the existing Agreement has expired, and the parties have continued to operate under the existing terms as an "At Will Agreement;" and D. An Amended and Restated Agreement is necessary for the CONTRACTOR to have sufficient time to complete the remainder of the work.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, CITY and CONTRACTOR agree as follows:
1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after two (2) year(s) unless extended by the parties with the approval of the City Council of the CITY.
2. Services to be Performed. CONTRACTOR agrees to provide the services ("Services") per Exhibit "A". All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. CONTRACTOR designates Syed Raza, P.E. as CONTRACTOR'S professional(s) responsible for overseeing the Services provided by CONTRACTOR.
3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR's sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform the Services; provided, however,
City of Beaumont Agreement #
C23-133.1
that CONTRACTOR shall not subcontract any of the Services without the written consent of CITY.
4. Compensation.
4.01 CONTRACTOR shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the CITY. Notwithstanding anything in this Agreement to the contrary, total fees and charges paid by CITY to CONTRACTOR under this Agreement shall not exceed SEVENTY-FOUR THOUSAND, FIVE HUNDRED NINETY-EIGHT dollars and 05/100 cents ($74,598.05).
4.02 CONTRACTOR shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the CITY, in writing.
4.03 CONTRACTOR shall submit to CITY, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The CITY shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. CITY shall have the right to review and audit all invoices prior to or after payment to CONTRACTOR. This review and audit may include, but not be limited to CITY' s:
a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
b. Determination that the multiplication of the hours billed times the approved rate schedule dollars is correct;
c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If CITY determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, CITY shall either return the bill to CONTRACTOR with a request for explanation or adjust the payment accordingly, and give notice to CONTRACTOR of the adjustment.
4.04 If the work is satisfactorily completed, CITY shall pay such invoice within thirty (30) days of its receipt. Should CITY dispute any portion of any invoice, CITY shall pay the undisputed portion within the time stated above, and at the same time advise CONTRACTOR in writing of the disputed portion.
5. Obligations of CONTRACTOR.
5.01 CONTRACTOR agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement or contain additional terms that purport to bind the CITY other than the Services to be rendered and the price for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.
City of Beaumont Agreement #
C23-133.1
5.02 Except as otherwise agreed by the parties, CONTRACTOR will supply all personnel, materials and equipment required to perform the Services. CONTRACTOR shall provide its own offices, telephones, vehicles and computers and set its own work hours. CONTRACTOR will determine the method, details, and means of performing the Services under this Agreement.
5.03 CONTRACTOR shall keep CITY informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by CITY, CONTRACTOR shall prepare written status reports.
5.04 CONTRACTOR is responsible for paying, when due, all income and other taxes, fees and withholding, including withholding state and federal taxes, social security, unemployment and worker's compensation, incurred as a result of the compensation paid under this Agreement. CONTRACTOR agrees to indemnify, defend and hold harmless CITY for any claims, costs, losses, fees, penalties, interest, or damages suffered by CITY resulting from CONTRACTOR's failure to comply with this provision.
5.05 In the event CONTRACTOR is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations.
5.06 CONTRACTOR represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. In the event CITY is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity.
5.07 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR's employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR's employees are eligible to work in the United States.
5.08 In the event that CONTRACTOR employs, contracts with, or otherwise utilizes any Ca1PERS retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the CITY and shall be subject to the CITY's advance written approval.
5.09 Drug -free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug - free workplace.
5.10 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the