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HomeMy WebLinkAboutWILLDAN CORPORATIONCity of Santa Ana Clerk of the Council AGREEMENT TERMINATION Please complete this form when the attached agreement is no longeiI e 6iFt.I 2 451 8, 7 Return form to the Clerk of the Council Office (M-30). Call 647-5237 if you have any questions. PITY , The agreement with No. A-2008-209 � and final payment has been made. * A - 2001- 2.3-7 Core Revised 07-23-07 1F was completed one r Department: Phone/Ext.:�(/ Signature: Date: fQ� •� ID I XPIRES A-2008-209 AUG,2, B 2008 C FIRST AMENDMENT TO CONSULTANT AGREEMENT THIS FIRST AMENDMENT TO CONSULTANT AGREEMENT is entered into on August 4, 2008, by and between WILLDAN CORPORATION, a California corporation ("Consultant") and the -City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Consultant Agreement A-2007-237, dated November 5, 2007 (hereinafter "said Agreement") by which Consultant has provided Building Department Counter Technician services, including plan check services. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term of said Agreement for an additional one-year period. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Consultant Agreement, the parties agree as follows: 1. Section 2.a., COMPENSATION, shall be amended to increase the hourly rate from $70.00 to $75.00 and increase total compensation by $75,000.00. Said section shall be deleted in its entirety and replaced with the following; "a. City agrees to pay, and Consultant agrees to accept as total payment for its services an hourly fee of $75.00. Total compensation to be provided pursuant to this Agreement shall not exceed $130,000.00 during the term of said Agreement." 2. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Consultant Agreement on the date and year first written above. ATTI!! : sec PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: (J SEPH W. FLETCH R City Attorney CITY OF SANTA ANA DAVID N. ROCM City Manager WILLDAN CORPORATION CL JIl (NAME) (Title) t :yi c Cis, vi 4 ce C )ate: 5/�6/2008 Time: 11:03 AM To: Clerk of the City Council 9 17146476956 1-510-452-2193 Page: 002 Client#: 6540 DATE Acog . CERTIFICATE OF LIABILITY INSURANCEPDUCErM 05116108D nn THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey,RRenton B Associates r1 2 610 'Z '� � ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. BOX 10550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711.0550 i INSURERS AFFORDING COVERAGE 714 427.6810--- Willdan Homeland Solutions 2401 E. Katella Avenue, Ste. 300 Anaheim, CA 92806 NSURER C. XL Specialty Insurance NSURER 2 Co. COVERAGES LOW HAVE BEEN ISSUED TO THE MSG RED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO-NiITHSTANDING WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSJED OR THE POLICIES OF INSURANCE LISTTIDIP. ANY REOUIPP"GENT, TERM OR ON OF ANY CONTRACT OR OTHER DOCUMENT I6 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDTIONS OF SUCH MAY PERTAIN, THE INSURANCE AED BY THE POLICIES DESCRIBED HEREIN POLICIES. AGGREGATE LIMITS SHOY HAVE BEEN REDUCED BY PAID CLAIMS. -- PO,OLICY MPIRA110� LIMITSNSR TYPE OG INWRANCE POLICYNUMBER AA 0904316302 11109/07 11/09/08 FACHOCCURRENCEIs1.000,00Q___ GENERALUABIUTY DAMAGE M m¢F,o) "' $1,6U0 000 MED EXP (Any me D¢n3?n) _ 310 000 COMMERCIAL GENERAL'_IABIL CLA.MSMADE X CC ❑ CONTRACTORFIRE PERBorvuaADVINJurev $1000000 'X CONTRACTUAL I$ INCLUDED. GENERALAGGREGATE Q 009,-000 BFpD, XI:U_.., PRODUCTS-COMPIOPAGG $2 000.000 GEN'L AGGREGATE LIMITAPPL IES FER. -- A ' POLITY PRU LOC AUTOMOBILELIABLITY BAP904316202 11/09107 11/09108 'COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO ALL MVNED AUTOS BOO LY INJURY '$ (P,r person) SC4EDULEDAUTOS X HIREfy AUTOS IPoracdtlenU� 1 X NON -OWNED ALTOS --' PROPERTY DAMAGE g AUTO ONLY -EA_ACCIDENT S _ �S GpRA0E41ABIUTY ,I( ADC ANY ALTO /�/ r O'HERTHAN -EA AUTO ONLY: AGG IS EACH OCCURRENCE i AGGREGATE lXCBSS LIABILITY', OCCUR FICLAIMS MADE E_ DEDUCTIBLE S REILNLCN S WZP80955114 11109107 11109/08 OTH X ."RYyRAIrs... — - EL EACH ACCIDENT B wGmASCOIUPENBATIONAND EMPLOYERS'LIABIUTY $1,000,000_ EL. DISEASE-AEM-LOYEE 11,kO0000 E.L. DISEASE. POUCYLIM17 $1000000 C OTHER professional DPR9609216 11/09107 11/09/08 $1,000,000 per claim $2,000,000 annl aggr. lability DESCRIPTION OF OPERATIONWW"TIOHSIVEHICLES/EXCLUSIONS ADDED I Y ENOORSEMENTISPECIAL PROVISIONS Re: Homeland security training and exercise program, JN 770050.1000.77010 City of Sella Ana, Its officers, agents, volunteers, and employees are Additional insured as respects General Liability as required by written contract. ' (See Attached Descriptions) TION D N U um City of Santa Ana Attn: Clark of the City Council 20 Civic Center Plaza (M30) Santa Ana, CA 92702.1988 CANCELLA Ten RV O SHOULD ANYOFTH E ABOVE DESCROIED PCLICIESBE CANCELLED BEFORE THE EXPIRATNIN DATE THEREOF, THE ISSUING INSURER MbefflODL11BDc TOMAL 30---DAWWRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTH! LER,XWXMMDDWCCOOMK ACORD 25 J197)1 oft #S2259281M225926 LSF a ACORD CORPORATION 1988 )ate: 5/16/2008 Time: 11:03 AM To: Clerk of the City Council @ 17146476956 1-510-452-2193 Page: 003 )ate: 5/16/2008 Time: 11:03 AM To: Clerk of the City Council R 17146476956 1-510-452-2193 Page: 004 Additional Insured — Automatic - Owners, Lessees Or Contractors - Broad Form a ZURICH Poli Ne. 13@' Dato of Pol Ex . Date of Pol 8fr. Da[c of find Producer Add' I Prem. -NIA Retum Ikun. GIA904316302 11/09l07 11/09/08 11/09l07 Dealey,Renton S S NIA THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part +. WHO IS .AN INSURED (Section ll) is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy wider a writtai contract a written agreement. B. The insurmcc provided to additional insureds applies only to "bodily injury", "property damage" or "personal and advertis• ing injury" covered under Section 1, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if: 1. The "bodily injury" or"property damage" results from your negligence; and 2. The "bodily injury", "properly damage" or "personal and advertising injury" results directly fmm: a. Your ongoing operations; or b. "Your wak" completed as included in the'bmduuts-completed operatitms lmzard', perfonncA for the additional insured, which is the subject of the written contract or written agreement. C. However. regardless of the provisions of paragraphs A. and B. abovcl 1. We will not extend any insurance cuvorage to any additional insured person a organization. a. That is not provided to you in this policy; or b. That is any broader coverage than you are required m provide to the additional insured person or orgsnieAtion in the written contract or written agreement; end 2. We will not provide Limits of Insurance w any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided In you in this policy; or b, The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: 1. `Bodily injury", "propaty tlantage" a'jrotsonal and advertising injury" that results solely from negligence of the additional insured, a 2. `Bodily injury', "property, damage' or "personal and advertising injury" arising out of the rendering or failure to render any profession: architectural, engineering or surveying services including U-GL-1 i75-A (W (9103) Page 1 of 2 )ate: 5/16/2008 Time: 11:03 AM To: Clerk of the City Council R 17146476956 1-510-452-2193 Page: 005 a. The preparing, appmNing, or failing to prepare or approve maps, shop drawngs. opinions, reports, Surveys, field orders, change orders or drawings and specifications; and h. Supen•isory, inspection, architectural or engineering activities. E. The additional insured must see to it that: 1. We we notified as soon as practicable of an'bceurrortce � or offense that may result in a claim: 2. We receive vri.tlen notice of a claim or "suit" as coon as practicable; and 3, A request for defense and indemnity of the claim nr "suii' will promptly he brought against any policy issued by another insurer under which the additional insured also has rights as an insured or additional insured. F. The insutonce provided by this endorsement is primary insurance and we will not seek contribution from any other in- surance available to Say additional insured person or organization unless the Other insuton" is provided by a contractor other than you for the same operations and job location. Then we will share with that other insurance by the method de- scribed in paragraph 4.c. of SECTION TV - COMMERCIAL GENERAL 1AABILITY CONDITIONS. Any provisions in this Coverage Fart not changed by the terms and conditions of this endorsement continue to apply as writ- ten U-GL- 1175-A CW (W03) Page 2 of 2 ate: 9/12/2008 Time: 10:04 AM To: City Attorney (@ 17146476515 10-452-2193 Page: 002 1- lal_enUF: b04U VVILLUAN ACQR- C5RTIhCATE OF LIABILITY INSURANCE 0DATE (MMID 9/11108Dm) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. 0. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711-0550 714 427-6810 INSURERS AFFORDING COVERAGE INSURED - 1 INSURER A. Zurich American Insurance Co. Willdan Engineering INSURER a: American Automobile Ins. Co T _ 2401 eKatAvenue, Ste. 300 NSURER a XL Specialty Insurance Co. Anaheim, CAA 92806 _-- — -__-- INSURER D: NSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSLRED 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION ' TR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDONYi DATE (MM/DDIYYI I LIMITS A ,GENERALLIABILITY :GLO904316302 11109/07 [11109/08 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE r X. J OCCUR INDP. CONTRACTORS _ $1 000,000 510,000 FIRE DAMAGE (Any one^.re) MEC EXP (Any one person) X .CONTRACTUAL INCLUDED PERSONAL & ADV INJURY $1 000,000 �_ BFPD, XCU GENERAL AGGREGATE_ $2,000,000 _ GEN'L AGGREGATE L IM IT APPLIES PER: I PRODUCTS-COMPlOP AGG$2,000000 POLICY X jE T LOC l A AUTOMOBILE LIABILITY BAP904316202 I11109/07 11/09/08 COMBINEDSINGLE.IMIT X I ANY AUTO $1,000 (Ea accident) $1,000,000 - ALL OWNED AUTOS SCHEDULED AUTOS j BODILY INJURY BOD'rson) $ �_ _-- X HIRED AUTOS !-- BODILY INJURY $ X INAUTOS (Peraccident) PROPERTY DAMAGE $ --- - -7 (Peraccident) GARAGE LIABILITY �- AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC O1HER Th'AN _.._.. $ AUTO ONLY: A_GG $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE DEDUCTIBLE _ RETENTION 5 B WORKERS COMPENSATION AND WZP$0955114 11/09/07 ` EMPLOYERS' COMPENSATION 11/0910$ ' $ T S X WC STATU- OTH- T ),IMITS_ ER EL EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE., $1,000,000 E.L. DISEASE -POLICY LIMIT 1 $1,000,000 _. C OTHER Professional 'DPR9609216 11/09/07 11109/08 $1,000,000 per claim Liability $1,000,000 annl aggr. DESCRIPTION OF OPE RATIO NSILOCATION S/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services Re: Plan check services, JN 14493 City of Santa Ana, its officers, employees, agents, volunteers and (See Attached Descriptions) SHOULD ANYOFTHEA13OVE D ESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Santa Ana PATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL 30-__- DAYS WRITTEN Clerk of the City Council NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT, BUTFAILURE TO OO SOSHALL 20 Civic Center Plaza (M-30) IM POSE NO OBLIGATION OR LIABILITYOF ANY KIND UPON TR E INSURERJTS AGENTS OR PO Box 1988 REPRESENTATIVES. Santa Ana, CA 92702-1988 A L%HORIZED REPRESITATIVE ACORD 25-S (7197)1 of 2 #S237128/M222307 RILL © ACORD CORPORATION 1988 ate: 9/12/2008 Time: 10:04 AM To: City Attorney @ 17146476515 1- 10-452-2193 Page: 003 AMS 25.3 (07/97) 2 of 2 FFSZ37l1BlMLLlsu/ ate: 9/12/2008 Time: 10:04 AM To: City Attorney @ 17146476515 10-452-2193 Page: 004 1— ADDITIONAL INSURED MORXMENT FOR_COMORCIAL GENERAL LIA$ILITY POLICY Insurance Company Zurich America n_Insurance Co. This endorsement modifies such insurance as is afforded by the provisions of Policy _c;i nana_ij &gym relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 927ot; its off== , employees, agents, volunteers and representatives are named as additional insureds (" additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses perfonned by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds, 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the companYs limits of liability. The inclusion of auy person or organization as an insured shall not affect any right which such person or organization would Have as a claimant if not so :included. 4. With respect to the additional insureds, this insurance shall not b e cancelled, except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, Califomia 92701. *Except Ten day notice for Non -Payment of Premium (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 11 /09/07 , this endorsement foam as a part of Policy# GLO904316302 Issuedto _Wilidan Fnainperi n Named Insured Countersigned by hwft4w Authorized Representative Client#: 6540 VVILLUAN DATE (MM/DDNY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 10/31/08 'PRODUCER _ ��11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton &Associates—G3� ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711-0550 714 427-6810 INSURERS AFFORDING COVERAGE INSURED INSURERA: Zurich American Insurance Co. Willdan Engineering INSURER B: American Automobile Ins. Co. 2401 E. Katella Avenue, Ste. 300 INSURER C: XL Specialty Insurance Co. Anaheim, CA 92806 INSURER D: INSURER E: Pn%1P0A(]FC 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X I OCCUR X CONTRACTUAL GL0904316303 INDP. CONTRACTORS INCLUDED 11/09/08 11/09/09 EACH OCCURRENCE $1 00O 000 FIRE DAMAGE (Any one fire) $1 000000 MED EXP (Any one person) $1 O 000 PERSONAL & ADV INJURY �$1,000,000 X BFPD, XCU GENERAL AGGREGATE- s2,000,000 GEN'L AGGREGATE LIM ITAPPLIES PER: POLICY X PRO JECTLOC PRODUCTS -COMP/OPAGG s2,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BAP904316203 11/09/08 11/09/09 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO / AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ Is $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WZP80967141 11/09/08 11/09/09 X WC STiIMT OTH- E.L. EACH ACCIDENT_ $1,000,000 _ E.L. DISEASE - EAEMPLOYEE _ $1,000,000 E.L. DISEASE -POLICY LIMIT $1 ,000,000 C OTHER Professional Liability DPR9614659 11/09/08 11/09/09 $1,000,000 per claim $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services Re: Environmental consulting services City of Santa Ana, its officers, employees, agents, volunteers and (See Attached Descriptions) City of Santa Ana Clerk of the City Council 20 Civic Center Plaza (M-30) Santa Ana, CA 92702-1988 SHOULD ANYOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL30 DAYSWRITTEN NOTICETOTHE CERTIFICATE HOLDERNAMED TOTHE LEFT, BUT FAILURE TODOSOSHALL IM POSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON TH E INSURER,ITS AGENTS OR ACORD 25-S (7/97)1 of 2 #M241882 RLL o ACORD CORPORATION 1988 AMS 25.3 (07/97) 2 of 2 #M241882 POLICY NUMBER: BAP904316203 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective 10/31/08 Named Insured Willdan Engineering Name of Person(s) or Organization(s): City of Santa Ana Clerk of the City Council 20 Civic Center Plaza (M-30) Santa Ana, CA 92702-1988 SCHEDULE Name of Person or Organization: City of Santa Ana, its officers, employees, agents, volunteers and representives (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who is An Insured Provision contained in Section II of the Coverage Form CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 Additional Insured — Automatic - Owners, Lessees Or Contractors - Broad Form 9 ZURICH Policy No. Eff. Date of Pol Exp. Date of Pol Eff. Date of End Producer Add'l Prem. Return Prem. GL0904316303 11/09/08 11/09/09 11/09/08 Dealey, Renton $ N/A $ N/A THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy wider a written contract or written agreement. B. The insurance provided to additional insureds applies only to "bodily injury", "property damage" or "personal and advertis- ing injury" covered under Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if: 1. The "bodily injury" or "property damage" results from your negligence; and 2. The "bodily injury", "properly damage" or "personal and advertising injury" results directly from: a. Your ongoing operations; or b. "Your work" completed as included in the "products -completed operations hazard', performed for the additional insured, which is the subject of the written contract or written agreement. C. However, regardless of the provisions of paragraphs A. and B. above: 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" that results solely from negligence of the additional insured, or 2. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including U-GL-I 175-A CW (9/03) Page I of 2 a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities. E. The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim: 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured also has rights as an insured or additional insured. F. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other in- surance available to any additional insured person or organization unless the other insurance is provided by a contractor other than you for the same operations and job location. Then we will share with that other insurance by the method de- scribed in paragraph 4.c. of SECTION TV - COMMERCIAL GENERAL LIABILITY CONDITIONS. Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as writ- ten. U-GL-1175-A CW (9/03) Page 2 of 2 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" needs to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement forms a part of Policy No. WZP80967141 Issued to: Willdan Engineering By: American Automobile Ins. Co. Premium (if any) TBD We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against 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 2-5% of the California workers compensation premium otherwise due on such remuneration. Person or Organization City of Santa Ana Clerk of the City Council 20 Civic Center Plaza (M-30) Santa Ana, CA 92702-1988 Schedule Job Description Name of Person or Organization: City of Santa Ana, its officers, employees, agents, volunteers and representives WC 04 03 06 (Ed. 4-84) Countersigned by Authorized Representative