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2016-17 Willdan Engineering - Traffic Survey & Engineering for 55 SegmentsPROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL _ SERVICES AGREEMENT (the "Agreement") is made and entered into I,("City"), a Californiamunicipal corporation, and WILLDAN ENGINEERING ("Consultant"). The parties hereto agrees follows: 1.0 SERVICES 1.1 Scapa of Services® In compliance_ _with all terms and conditions of this__ Agreement, Consultant_ l provide those services related to professional engineering in connectionitraffic survey of 55 segments throughout the City of La Quinta, as specified i "Scope rvic attached 0 as Exhibit incorporated i this reference "Services"). s l represents r is that Consultant is a provider of first- class rvices and Consultant is experienced in performingthe Servicescontemplated herein , in light of such t s and experience, Consultant covenants it shall followighest professional standards in performingServices, required hereunder. For purposesis Agreement, "highest r ssi standards" shall mean those standards r c is recognized by one or more first- class firms performing similar services n r similar circumstances. 1.2 Corn li oncewith Love. l services rendered hereunder r shall provided i accordancei _ll ordinances, resolutions, statutes, rules, regulations, the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Licenses,Permits Fees and Assessments. xc t r is specified herein, Consultant shall i its sole cost and expensesuch is s s, permits, and approvals as may be requiredthe performancethe Servicesit this Agreement, including a Cit i business license. Consultantits employees, agents, and subcontractors shall, it sole cost and expense,i effect at all times during the term of this r t any licenses, permits, and approvals that arelegally uir r the performanceServices required i Agreement. Consultant shallv the sole li i r any fees, assessments, x s, plus applicablepenalties interest, is imposed by law and ariser are necessarythe performancethe Servicesrequired this Agreement, and shallindemnify, (with counsel selecti, and hold City, its elected officials, officers, employees, and agents, free and harmlessagainst any such s, assessments, taxes, li s, or interest levied, s s , or imposed againstit hereunder. Consultant shallresponsible ll subcontractors' -_ compliance i this Section. 1.4By executingis Agreement, Consultant warrants that ) it has thoroughly investigated and consi rvic s to be performed, Last revised April 2015 Lest revised April 2015 -2- Requirements"), which is incorporated hr_i_ by this reference and ex r s l y made a part hereof.the eventconflict between the provisionsSpecial Requirements and any other provisions of this Agreement, the provisions of the Special Requirements ll govern. Contract2.1 __ Sum. For the Services rendered pur nt to this r, Consultant l compensated in accordanceith Exhibit "B" (t "Schedule Compensation") l amount not to exceed ($25,000.00) (t "Contract Sum"), except provided in Section compensation set forth in the Schedule of Compensation may include payment upon completion, payment in accordanceit c t completion of the Services, payment for time n t i s based upon Consultant's rate schedule, but not exceeding the Contractr such r methods as may be specified in the ScheduleCompensation. The Contract Sum shallinclude the attendance of ConsIt l project meetings reasonably deemed necessary City; It 0t be entitledadditional compensation for attending said meetings.Compensation include reimbursement c l and necessary expenditures fr reproduction costs, transportation ex s, telephone x , and similar costs n expenses when and if specifiedin the ScheduleCompensation. Regardless of the methodcompensation in the ScheduleCompensation, Consultant's overallcompensation exceed Contract Sum, except provided in Section1.6 of this r 2.2 Method illin in whichConsultant i receive payment, Consultantshall s it to Citylater than ) working such month,i ry ity's Finance Director, an invoice Services renderedi the date of the invoice. c invoice s O describe in detail the Services r vi , including ti i l, and O specify c staff member who has provided rvic the number of hours assigned to eachc t f member, Such invoice shall contain certification by a pri ci l member 0f Consultant ci i that the payment requested is for Servicesr i accordance i the termsis Agreement. Subject to retentionpursuant to Section i ill pay Consultantitems statedthereon ish are approved City r to this t no later than thirty ( ) days afterinvic r received by the City'sFinance t 2.3Additional Services approved _ i advance cOfficer pursuant Section this Agreement shall be paid for in an amount agreed to in writingi Consultant in advance the AdditionalServices being rendered by Consultant. Any compensation for Additional Services ti to fivec ( ) or less of the Contract approved the ContractOfficer. Any greater amountcompensation for Additional Services must be approvedQuint iCouncil. Under no circumstances Last revised April 201 � - shall Consultant receive c_i_ _r_any Additional Services unless prior written__ approvalii l Services is obtainedr the ContractOfficer pursuant to Section . is Agreement. 3. 3.1 Timef Essence. Time is of the _ essence in the performancef this Agreement. rvic - in accordanceit the Schedule Performance, r in Sectionx i i, it is understood that the Cityill suffer damage. 3.2 c t r OAil Services rendered rs t to this Agreement shall be performeddiligently i i time i is in Exhibit "Schedule Performance"). Extensions to the timeperiod specified in the Schedule Performance r v in writingc f is r. Force3.3 timeperiodspecified i t Performance for performance the Servicesred pursuant tthis t shall be extendedc causes control without the fault or negligence of Consultant, including, t not restricted c God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight s, acts of any governmentalc r than City, and unusuallyr r, if Consultantshall i i ( s of the commencement ch delay notify the ContractOfficer in writingf the causes of the delay.Contract Ic r shall ascertainfacts extent of delay, and extend i r i Services for the periodforced and if in his or her judgment such delayis justified, r c Officer's determination I conclusive rti this Agreement. Extensions 1period in the Scheduler r c isdetermined the ContractOfficer to be justifiedthis cientitle Consultant to additionalcompensation in excessthe Contract Term.3.4 Unlessrli r terminated in accordancei cti _ s this the r f this t commence , 2016 and terminate , ("Initial Term"). 4.0 COORDINATION 4. 1rsntOtiv, f cnsultnt.The following pri ci is of Consultant ("Principals") are herebyi s 'being the principals and representatives of Consultant authorizedto actin its behalf with respect to the Servicescif i and make l decisions in connection r i s E-mail: lir w it m Last revised April 2015 4 Munoz,_b. Vanessa PE, ' PTOE E-mail: _ �. �ifi___-_ .c t is expresslyn rs x ri_ _ c knowledge, capability, and reputation r ing Principals were a substantial inducement r City to enter into thisr r r, the foregoingPrincipals responsible duri the term of thisr directing aR activities of Consultantdevoting sufficient time r supervise the Servicesr r purposes of this Agreement, the foregoingPrincipals may not be changed by Consultantr personnel may be assignedperform rvices required hereunder without the express ri r v( of City. 4.2 r_ ct sc . "Contract Officer" shall be Timothy R. Jonasson, DesignDirector of i r such other person designated in writingi it . It shall be Consultant's responsibility to as r that the ContractOfficer is kept informed of the progr s of the performancef the Services, and Consultant shallrefer any decisions, that must be made by City to the Contract Officer. Unless otherwise specifiedherein, any approval it required r rshot[ mean the approvalContract Officer. The Contract sc r shall haveauthority i l documents on behalf of City required hereunder to carry the terms of this 4.3 Prohibition ainst , Subcontractin or Assignmgnt. _The experience, knowledge, capability, and reputation of Cons It , its principals, and its employees were a substantial inducement i to enter into thisAgreement. Except as set forth in this Agreement, Consultant shallcontract i r entity in whole or in partServices required reunder without the expressit approval it . In addition,i is Agreement nor any interest her i transferred, ssi , conveyed, c t , or encumbered, voluntarily operation t, without the priorwritten r val of City. Transfersrestricted hereundershall include the transfer to any person or group of persons actingi concert f more than twenty fivepercent I ownership and/or control It ,_taking all transfers into accountcumulative si attempted r purported assignment or contracting It without t' express written approval lnull, void, c, No approvedtransfer -shall release u liability r r without the expressconsent of City. 4.4 Independent ntrtnr: Neither City nor any of its employees shall _have any contro—lo—ve—rthe manner, mode, or means by whicht, its agents, or its employees, perform the Servicesit ri, except as otherwise set forth ri. City shall have no voice in the selection, discharge, supervision, or control Consultant's employees, servants, representatives, or agents, or in fixingit number hoursor service. It t shall perform all Services required r i s an independent contractor i shall remain l times as to Citywholly independent contractor it ty such obligationsr istent with that role. Last revised April 2015 5- Consultant shall t at any time in any manner, represent that it or any of its agents r employees are agents or employeesCity. City shall not in any way or for any purposec r be deemed to be a partners It t in its business or otherwise r a jointventurer r a member of any jointenterprise i Consultant. Consultant shall v r to incur any debt, obligation, or liabilitybehalf City. Consultant shalli r in any mannerrepresent it or, its agents or employees areagents or employees of City. Except for the Contract paid to Consultants provided in thisAgreement, City shall not pay salaries, s, or other compensation to ConsuIt rfr in the Services hereunder for City. City shall not be liable compensation r indemnification to Consultant for injury r sickness arii rfr i the Serviceshereunder. Notwithstanding any other City, state, or federal policy,rule, regulation, , or ordinance to the contrary, Consultant andits employees, agents, and subcontractors provi i rvic - under this Agreementqualify r or become entitledcompensation, benefit, or any incident nt by City, including but not li ieligibility to enrollin the CaliforniaPublic Employees Retirement System(" ") as an employee of City and entitlementto any contribution to be pai i t employer contributions and/or employee contributions fot PERS benefits. Consultant agrees t pay all required x is paid to Consultantr this Agreement, and to indemnify ld City harmlessr ny and all taxes, assessments, penalties, and interest asserted againstCity by reason of the independent contractorrelationship created i reement. Consultant shall fully comply withworkers' compensationlaws regarding Cons I Consultant's s. Consultant further agrees to indemnify ld City harmless from failure s It t t comply i applicable workers' compensation laws. City shall haveright offset inst the amount of any payment due to Consultantunder this r amount due to City r Consultant as a result of Consultant's it rpromptly pay to City any reimbursement or indemnification arisin under this Section. 4.5 Identitv of Persons l rforrr in Carl . Consultant repr s is that it employs or ill employ at its own expenseall personnel required for the satisfactory performance lServices set forth herein.Consultant represents t the Services required r i ill be performedConsultant or under its direct supervision, that all personnel engaged in suchr fully qualified shall be authorizedit r applicable State andlocal to perform such tasksn r v i c. Cir C00 rticn. _ it_ shalt provide Consultanti s, publications, reports, statistics, records, or other data or information peri Services performedr which are reasonably availableto Consultantonly r r through c i n by City. 5.0 INSURANCE Last revised April 20154 5.1 Insurance® Prior t _ t_ beginning_ of any Services under this Agreement throughout the duration of the term, is Agreement, Consultant shall procure maintain, its sole cost s, and submitconcurrently wit its execution this Agreement,ici insurance -t forth in Exhibit E ( "Insurance Requirements") which is incorporated herei i reference s l part hereof. 6.0 INDEMNIFICATION. 6.1 Indemnification. To the fullest extent permitted by law, Consultantshall indemnify, protect, defend (with s selected City), and hold harmlessit any and all of its officers, employees, agents, and volunteers rt in Exhibit ("Indemnification") is is incorporated i this reference and expressly part hereof. 7.0 RECORDS 7.1 R 'nrtso Consultant shall periodically prepare_ and submitto the tr c Officer such reports concerning Cons It is performance of the Services required this Agreement as the Contract Officer shall require. It nt hereby acknowledges that City is greatlyconcerned t the cost of rvic s to be performedpursuant to this r t. For this reason, Consultant agrees that_if Consultant becomes awarefacts, circumstances, techniques, or events that may or will materially increase r decrease the cost of the Services contemplated her in or, if Consultant is providing dei services, the cost of the projecti igned, Consultant shall promptlyof Contract Officer of said fact, circumstance, technique, or event and the estimated increased cr cost related thereto an, if Consultant i providing dei rvic , the estimatedincreased r decreased cost estimater the project being designed. 7.2 Records_ Consultant _ _ shall require any subcontractors trrs to keep, c [edgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payrollreports), studies, or other documents relating t the disbursements charged to CityServices performed hereunder( s and Records"), as shall be necessaryr the Services required this Agreementrct Officer to evaluatethe performanceof such Services. ll such s and Recordsshall in i in accordanceit generally cc cc ting principles and shall be complete and detailed. Contract Officer shall have fullr cc ssuch Records at alltimes duringr l business hours of City, including the right to inspect, copy, audit, and make records transcripts from suchs and Records._Such Books and Records shalli t i r a periodt (3) years followingcompletion f the Services hereunder, and City shall have accessc in the event any auditis required. vent of dissolution of Cons It is business, custody Books and Records may be givenCity, and accessprovided Consultant's successor in interest. r California Government Code Section .7, if the Last revised April 201 -7- amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. Last remised April 2015 design r f ssi is other than ConsultantOr provided to Consultantit it shall not be limitedin any way in its use of the Documents and Materials at any time, provided t any such s iti the purposesi i t shall be at City'City's solerisk® 7.5 Release cc ta. The is and Materials shall not be released publicly without iwritten r v t of the Contract Officer r as_required law. Consultantl t disclose to any other entity or person any information regarding the activities of City, except as required law or as authorizedCity. 8.0 ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, _ n governeds to validity and to performanceparties in accordancei laws of the Statei r i. Legal actions concerning any dis ut , claim, r arising t of or in relationthis r t shall be instituted in the SuperiorCourt Countyof the f Riverside, State of California, or any other appropriate court in such county, and Consultant covenants n r submit to the personaljurisdiction such court in the event of suchaction. Last revised April 2015 -9- as a waiver. i 's consentr approval of any acts It t requiring i 's consent or approval shall not be deemed to waiverrender unnecessary City's consent to or approval of any subsequent actConsultant. iv either party of any It must be in writingand shall t be a waiver of any other default concerning the same or any other provision of this r Except with respect to rights and remedies x s c r exclusive in this Agreement, the rights and remedies f the partiesr cumulative and the exercisei t of such rights or remedies l t preclude the exerciseit, at the same or different i , of any other rights or remedies r the same default or any other defaultr party. I al Action: Iaddition__t0 other rights r remedies, _ either _ _ party take _ _ legal action, t law or at equity, to cure, correct, or remedy any default, to recover for any default, to compel specific performance of this r , to obtaindeclaratory r injunctive relor to obtainr remedy consistent with the purposesthis Agreement. 8.7 Termination Friar To ExiAration Of Terra is Section shall govern termination of this Agreement, except as specifically pr vi in the following Section for termination forcause. City reservest right tterminate thi Agreementime, with or withoutcause, upon thirtywritten tic Consultant. Upon receipt of any noticetermination, Consultantshall i itl cease all Services hereunder except such as may be specificallythe Contract is . Consultant shall be entitledto compensation fOr all Services rendered prior to receipt of the noticef termination and for any Services authorized by the Contract Officer thereafter in accordancei s 1 Compensation such as may be approved Contract Officer, except as provided in Section 8.8 Termination _for Default of Consultant. If terminationis due to the _il r O Consultant to fulfill its obligations i r t, City may, after compliance with the provisions of Section.,_take over the Services s cut the same to completion by contract r otherwise, and Consultantshall be liablethe extentthat the total cost completion of the Servic required r u r exceeds compensation herei ti (provided that City shall use reasonable efforts t mitigate c a ), and Citywithhold nt Consultant for the purposesetoff or partial payment of the amounts owed City r vi l stated i Section .3. 8.9 ttnrn' Fees. If either party to thisrt is required to initiateor defend r made a partyaction r proceeding in anyconnected i i Agreement, the prevailingin such cti r proceeding,in additionr relief is granted, legal or equitable, shall be entitledt Last revised April 2015 -10- itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin or ancestry iri the performance of this Agreement. Consultant shall take affirmaiive action to insure that applicants are employed and that employees are treated during Lest revised April 2015-11- employment__ _ withoutregard to their race, color, creed, religion, sex, _marital status, sexual orientation, national origin, or ancestry. 10.0 MISCELLANEOUS pRmi I NS 10.1 tic® Any ticrequest, consent, v 1, or communication either party desires or is required i the othert r any other personl be in writingeither served personally0r sent by prepaid, first-class mail to the address set forth below.it rt change its address by notifyingr party the change of address in writing.tic she[[ communicated forty-eight r i f mailing if mailedprovided in this Section. To City: To_Consultant: CITY OF LA I Attention: Timothy s Director of Design and Development Director of Engineering 78-495 Calle Tampico La Quinta, California2 , CA 91746 10.2 InterDretation. The terms is Agreement shall be construed i accordance it ing of the language usedshall not be construed againsti r party by reason the authorshipthis t or any other rule of construction whis i t otherwise apply. 10.3 cti0n Harlin s n 3rlh+in s. The section headings _ subheadings contained in this reement are included for conveniencel shall t limit t otherwise fc terms oftis Agreement. .4 Cqunterparts. This r_ _t may be executedin counterparts, each which shall be deemed to be an original, and such counterparts constitute and the same instrument 10.5 Lnjggratqd A Cr'eL(r�t. This Agreement including _ _x i its hereto is the entire, complete, and exclusivex r i the understandingr i s. It i understood that there are no oral agreements between the parties hereto affecting is Agreement and thisAgreement u r cancels any and allr vi s negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. t to or _ modification this Agreement shall valid unless in writingapproved ul t and by the CityCouncil City.rti s agree that this requirement for writtenific ti s cannot be waived and that any attemptediv shall void. Last revised April 2015 _ 1- _10.7 5everratailt. In the event that any one or more_ of the articles, phrases, sentences, lass, paragraphs, or sections contained in this r t shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect - any of t remaining articles, phrases, sentences, clauses, r r , orsections this Agreement whichr er declared r l be interpreted t carry out the intent f the partieshereunder unless invalid pr visi is so material that its invalidity riv either party of the basic benefit of their bargain or renders is Agreement meaningless. 10.8 Unfair Business PracticesClaims. In entering into this r n, Consultant offers rees to assignCity all rights, title, and interest in andall causes of actionit may haveunder Section 4 of the Clayton Act (1 ) or under the Cartwright Act (Chapter 2, (commencing it Section ) of Part 2 of Division 7 of the Business and Professions Code), arising from rc of goods, services, or materials related to this Agreement. This assignment shall becomefectiv time City renders i n to Consultantwithout further acknowledgment the parties. 10.9 No Third Partv Beneficiaries, With the exception of the specific provisions set forth in this Agreement, there are no intended it - rt beneficiaries n er this Agreement n such other third partiesshot[ have any rights or obligations hereunder. 10.10 Agulfthority. The persons executing this Agreement on behalf of each parties hereto represent and warra that (i) such partyis duly organized n existing, (ii) they are duly authorized to executen liver this Agreementif of said party, (iii) by so executing this Agreement,c rt is formally boundthe provisions of this Agreement, a (iv) that entering into this Agreement violate rovii n of anyother Agreement to which saidr is bound. This Agreement It be bindingupon irs, executors, administrators, successors, an assigns the parties. [SIGNATURES ON FOLLOWING] Last revised April 201 -13- IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates -stated below. CITY OF LA QUINTA, a California municipal corporation Digitally signed by FrankJ. Spevacelk DN: sera alNurnber=g8z1 7znOv5Ow4d3x, c—US, st—California, I=La Quinta, o—FrankJ. Spevacelk, cn—Frank J. Spevacel, Date: 2016.06.21 15:23:38 -07'00' FRANK J. SPEVACEK, City Manager Dated: MINLIMN ® Digitally signed by Susan Maysels DN: serial Number=j4r7l I lglppsr45f, c=US, st=California, I=La Quinta, o=Susan Maysels, cn=Susan Maysels Date: 2016.06.22 15:18:58 -07'00' SUSAN MAYSELS, City Clerk La Quinta, California FAIZJNI j@#jV1V12f $1 if] ff U1 WILLIAM H. IHRKE' City Attorney City of La Quinta, California Last revised April 2015 -14- Exhibit A Scope of Services Services to be provided in connection with 55 segments throughout the City of Lo Quinta. 4- OPTIONAL 7 AM9!k9L For the purposes of this proposal, three (3) total meetings are included as fqllom� thtO�6 (3) t public meetings With the Transporta ion Commission andlor City Council- Additional meetings beyond this can be attended on an hourly basis based on Willdan Engineering's standard hourly rates. Last revised April 2015 EXHIBIT A Page 1 of 4 CITY I ENGINEERING 1 URVEY SEGMENT HISTORY CITY OF LA QUINTA ENGINEERING I SEGMENT HISTORY 15 rMadison Street to West Eras 14 Csleo W 016vt ; S ^m' 47 to 15 caft gna4rm1i. F,c r Drier to AveNda B@ rmudas 16 Calk,`Tecate -fkveNda Bermudasflri Avenida Wdefc 1 CKire P ms Road Fred Waring Drive Ro Mlles trd i sount Pairm ADad Nigh y 11S t,, ,4 iq Dune PWrns Road Wes Avenue to Highway 111 Last revised April 2015 EXHIBIT A Page 3 of CITY OF LA QUINTA ENGINEERING IC HISTORY SURVEY SEGMENT EXHIBIT Page 4 of 4 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Consultant under this Agreement is Twenty Five Thousand Dollars ($25,000) ("Contract Sum"). The Contract Sum shall be paid to Consultant in installment payments made on a monthly basis and in an amount idented in Consultant's 1 0 2 - -old sale I 114(zaij 14 OWY-MR Lei mW4116ing I I a go 1-1 WIP 16-Segments (Expires on 2016) Tasks 1 - 6 $6,000 Task 7 $uoo Total $7,500 40-Segments (Expires on 2017 and 2018) Tasks 1 - 6 $16,000 -TA9 7 --- 5-j-Q-0 Total $17,500 Last revised April 2015 EXHIBIT B Page 1 of 1 Exhibit C of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this ro eference. r ."'�4TA "NUMNG AND TRAF IC SURVEY ENr CffYWDE FCC T43A N— " i A^* WN "I "tiv"RI Ta E.pm—uW —d T,.F— 9—y Qo dn, M-62WM RiMViC 2 T-k R - Piape � 5 dr. U- &MID Mlg 3 T.0 2 - D.t. C.M..fi.. —d FkM R=,A— 91 d.yM..VZF?IG M—SAW162 4 EaMg C—ft.. 5 eb"M— Wyn* FTMO ..... ..... . ..... . .. .... .... 5 Rd., Sp—d. 70 da" U— WMa r"WWOZ 0 24 H— C—M M- W]WO FIMMIOV�S-25 ftytl z TA I A-W.. D.t. T dy M- WIW7,1 M—WI,Wlee 8 T-k 3 - D—d R—dfi 5 d.W T.. 5rMIG 0 5p-4..Aid-t �,—dO*— T d.V% T.. WZW M M—WMOO T-4 A - C.e tkd E.R—mg ..d T.W. 5--y 9 a"V. T-312714a FnIQW169 11 Dft d-r -fi,.WTPM T— W27A 0 8 ',A -'2 CaaYR— I day.. WW W7W 0 T. TGWI 0 A I 13 ft-i- EST dy� Yftd Imle T�. lmnf'2 ir Aid F—E&T V d., F6 WFIle F, I(LITM a 13 Manual ;--, R.&P 5'A1 rf-4- "'.0 M—A Plw.t Plqea EST md..0— MW�V— Mt—ky E Dac M- 69WO Sam' -.y S--'y F—honly ,.j-, 3—.Y W—Task P.G— Ed—a T-ft D—ft.' Last revised April 2015 EXHIBIT C Page 1 of 1 Exhibit Special_it is Last revised April 2015 EXHIBIT Page 1 of 1 Exhibit Insurance Reit is Insurance. Prior to the _ beginning f and throughout the duration i Agreement, the followingpolicies l be maintainedt in full force and effect providing insurance it minimum limits as indicated l issued insurers with A.M. Bestratings f no less than -: Commercial General Liability (at least C ) 1, r occurrence) 2, , (general r t_ ) Commercial Auto__Liability_ (at least _as broad as ISO CA 0001) 1, , accident) Errorsand Omissions Liability 1, (per claim Workers' Compensation (per statutory requirements) Consultant shall rocure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial r Liability insurance aga all claims 0r injuries i rs s or damages to propertyresulting fr Consultant's acts or omissions rising out of or relatedConsultant's performance under this r t. The insurance lic shall contain severability of interest clause providing the coverage ll be primary for_ risinout of Consultant's performance hereunderi i r its insurers ll be required to contribute to an c loss. A certificate evi nci 0ing and naming City and its officers and employeesadditional insured Commercial General Liability liconly) shall be deliveredto and approvedy City i t commencement of the services r u r. Consultant _ rr automobile liability_ insurance of $1,000, r accident against all claims r injuries i t s or damages to propertyarising out of the use of any automobileConsultant, its officers, any persondirectly r indirectly employed by ConsuIt t, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directlyindirectly out of or related Consultant's r r c r this Agreement. If Consultant r Consultant's employees ill use personalt in any way on this project, Consultant shall provide evidence s l auto liability cov for each such person. The term "automobile" includes, ut is not limitedt, a land motor vehicle, it r semi -trailer designed for travel on public roads. The automobileinsurance policy shall contain severability of interest clausvi i coverage shall be primaryfor losses Last revised April 2015 EXHIBIT Page 1 of arising t of Consultant's per r nc re n er and neither City nor its -in urers shall be required to contribute to such loss. Professional i iliy or Errors and OmissionsInsurance as appropriateshall be written on a policyr coverage specifically desin ct against acts, errors or omissionsconsultant and"Covered r sio lServices" designatedin the policyspecifically include r r r r this agreement. e policy limit sall be no less than $1,000,000 per claim in the aggregate. The policy must "pay on behalf of' the insured ut include provision sa i in e insurer's ._The policyretroactive shall be on or before the effectivef this agreement. Consultantall carry rk rs' Compensation Insurance in accordance with State Worker's e s i n laws withemployer's liability i its no less than $1,000,000 per accident or disease. Consultant shall providewritten notice to City within ten (1) working if. (1) any of the required insurance policies is terminated; ( the limits of anythe required oice are reduced; r () the deductibler self -insured retention is increased. vent any of said licies of insurance are It shall, prior to the cancellation , submit e evidence insurance in conformance with this Exhibit to the o tr c Officer. The procuringof such insurance r the delivery of policies or certificates evi e cin same shall_ of be construed as limitation of Consultant's obligation to indemnify it , its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In additionto any other remedies City v if Consultant fails to provide or maintain any insurance polici s or policy endorsementstot e extent and withinthe time herein required, iy may, at its sole option: a. Obtain _ such insurance n _ ct and retain _ u t of the premiums for such insurance r n sums due under this Agreement. . Order Consultant to st rk under this Agreement and/or withhold any t() which become due to Consultant hereunder until o It demonstrates compliance wi requirements hereof. C. Terminate this_Agreement. Exercise of _ any of the above_ remedies, o v _r, is an alternative to any other remedies City a v. The above remedies r not the exclusive e i s for Consultant's it to maintainsecure r ri tpolicies endorsements. Nothingerei contained shall be construed s limiting in any way the extent which Consultant may be held responsible for pay is of damagesto personso Last revised April 2015 EXHIBIT Page 2 of property resulting from Consultant's or its subcontractors' performance of workr is Agreement. l n ii ns rtornin to r visions ,Insu nnco Cor h Consultant. Consultant and City_ to the following :it respect insurance provided s It t 1. Consultant agrees t_ have_ its insurer endorse the _ third_ party general liability coverage required r i to include as additional insureds it , its officials, employees, and agents, using standard n rsement No. CG 2010 with an edition prior to 1992. Consultant is r to require l contractors, and subcontractors t do likewise. liability insurance coverage provided o comply with this Agreementll prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. _ Consultant r s to waive subrogation rights against City regardless of the applicabilityinsurance proceeds,to require l contractors u c r c r to do likewise. 3. l_ insurance coverage and limits provided by Consultant available r applicable to thisr r intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating City or its operations limits the application of suchinsurance coverage. 4. None of the coveragesrequired r i ill be in compliancei these requirements if they include i ii endorsement of any kind been first submitted o City approved in writing. liability _ lic _ shall contain_ _ r visi r definition serveli i so-called "third raction over" claims, including any excui n bodilyfor injury o an employeethe insured r of any contractor c tr ct r. 6. All coverage types and limits required _ are subject to appr_ 1, modification i i requirements i s the need arises. Consultant shall not make any reductionsin scopecoverage (e.g. eliminationcontractual liability or reduction of disc v period) that may affect City's protectionCity' without City'City's prior written consent. . Proof_ compliance with theseinsurance _ requirements, consisting certificates of insurance evi ci ll of the coverages_r itadditional insured endorsementto Consultant's general liability is , shall be deliveredit t or prior to the executioni r the eventsuch insurance is not delivered as required, in the event such insurance iscanceled any time replacement coverage is provided,i s the right, but not the duty, to obtainy insurance it deems necessary to protectits interests r this or Last revised April 2015 EXHIBIT Page 3of any other _ agreement nd to pay the premium._ y _premium so paidby City shall charged to and promptlyi onsula or deducted fromdue Consultant, at City option. 8. It is acknowledgede parties of this agreement that all insurance coverage required e provided by Consultant or any subcontractor, is intended apply first and on a primary, non-contributing basis in relation to anyother insurance r self-insurance v it t to City. 9. Consultant r s to ensurec ntr r, and any other party involved it project is brought onto or involved in the projecty Consultant, provide e same minimuminsurance cov r required of Consultant. Consultant agrees to monitor and review such coverage and assu all responsibility for ensuring a c coverage is provided in conformity i the requirements of this section. Consultant rees that uponrequest, all agreements with subcontractors and others engaged in the projectill be submittedto Cityr review. 10. Consultant ree of to self -insure r to use _ self-insure retentions or deductibles on any portion of the insurance required rein (with the exception of professional liability coverage, if required) n r er agrees that it will t allow any contractor, subcontractor, rc itec, Engineer or other entity or person in any way involved in the performancer n the projectcontemplated by this agreement_to self-insureits obligations to City. If Consultant's existing coverage includes e ci e or self -insured retention, e uci le or self -insured retention must be declared to the City.that time the Cityshall review ti nwith the Consultant, which may include reduction or elimination of the deductible orself- insured retention, i i f other coverage, or other solutions. 1. The City reserves right at any time during ther_ i Agreement to change the amounts and typesof insurance required ivi the Consultant ninety ) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, it ill negotiate additional compensation pro rio l to the increased be i i. 12. _ r purposes _ f applying insurance coverage_ _only, this Agreement will e deemed to haven executed immediately upon rty hereto taking steps that can be deemedin furtherance of or towards r r c f this Agreement. 13. Consultant c ls and agreesthat any actual or alleged failure on the part of Cityto inform Consultant o -c li c i insurance requirement in no way imposes ny additional obligations on City r does it waive any rights hereunder in this or any other regard. Last revised April 2015 EXHIBIT Page 4 of . _ ill requiredcoverage annually _ s _it_, r its employees is face an exposurer r i ns of any type pursuant t this r t. This obligationapplies whether or not the agreement is canceled terminated for any reason. Termination of thisobligation is not effective until City executes it t to that effect. . Consultant It provide_ proof t policies of insurance _ required herein expiring ri the term of this Agreement haverenewed or replaced with other policies providing at least the same coverage.r that such coverage s been orderedl submitted rior to expiration. A coverage binder or letter from Consultant'si r c is effect is acceptable. A certificate insurance and! ii insured s nt as required in these specifications applicableto the renewing r new coverage s r vided to City withinIv days of the expirationcoverages. 16. The provisions r r' compensation or si it r act will not limit the oli ti s of Consultant under this agreement. Consultant expresslyagrees i to usestatutory immunity s under such laws withrespect to City, its employees, officials, and agents. 7. Requirements of specific coverage fet r _or limits contained in this section r intended as limitations on coverage, limits or other requirements r s a waivercoverage normally r vided by any given policy.Specific reference to a given coverage r is for purposes of clarification ont it pertains to a given issue, and is not intended t r insured limiting r all-inclusive. 1. These _ insurance requirements r _ intended to be separate distinct r t r provision in this reement and are intended by the parties here to be interpreted c. . The requirements in this Exhibit supersede all _other sections_ provisions of this r the extent that any other section or provision conflicts with or impairs the provisionsthis x i it. 20. Consultant agrees _ tobe responsible for ensuring that no contract s partyed by any involved in any way withthe project reserves the right charge it Consultant for the cost of additionalir c coverage required this agreement. Any such visions are to be deletedi reference City. It is not the intent of City to reimburseit r for the cost of complying i these requirements. shall be no recourseagainst City for payment of premiums or other amounts with respect 21. Consultant agrees to provideimmediate notic it claim loss against Consultant arisingr r r this agreement.i Last revised April 2015- EXHIBIT E Page 5 of 6 Indemnification General_ Indemnification Provision. hold harmless City and any and all of its officials, employees, and agents ("Indemnified t! and against any and all !sses, liabilities of kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or of any subcontractor), costs and expenses of any t whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, ! ! ! t • ! ffxf1"'T,! f VY. ! t t ! ! # Vuuotw legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shaM not be liable for any injuries or property damage resulting from the reuse of the design it a location other than that specified in Exhibit A without the written consent of thtg4 b. Indemnification _ r Other Than Professional Liilit Other t i tperformance_ professionalservices and to the_ _ full extent permitted by law, Consultant ll indemnify, (with counsel selected by City), and hold harmless the Indemnified r i s from and againstliability i cl i i ili r claims, its, actions, arbitration proceedings,administrative r i , regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged threatened, i l i i out limitation,ici t consequential damages, court costs, attorneys' fees, litigation x n s, and fees of expertconsultants r expert i s s) incurred in connection r i costs investigation, the same arise, are a consequence , or arein any way attributablet, in whole r in part, the performancethis Agreement by Consultant r by any individual o entity for whichConsultant is legally liable, including but not limited to officers, agents, employees, or subcontractors of Consultant. .2 Standard Indemnificationr visi s. Consultant agrees to obtain executed indemnity r is with provisions identical those set forth hereinthis section from each and everyc r ct r or any other person or entityinvolved by, for, with or on if of Consultantin the performancei r t. In the event Consultant it to obtainc indemnity li ti ns from othersrequired r i, Consultant agreest ly responsible accordingto the terms of thisxi. Failure Last revised April 2015_EXHIBIT F Page 1 of of City to monitor compliance w_ith these _ requirements imposes no additional obligations on i ill in no way actwaiver of anyrights hereunder. This obligation indemnify of City as set forthherein is binding successors, assigns or heirs of Consultant ll survive r i i this agreementr this section. a. Indemnitv Provisions for Contracts Rel_te d—t—o—Contruflon. Without affecting rights of City under any provision of this agreement, Consultant shall not be required to indemnify n harmless City for liabilityattributable the active negligence ity, provided suchactive negligence is determinedagreement between the partiesor by the findingsf a court competent jurisdiction. In instances City is shown to haven actively ligent and whereCity'City's active negligence cc unts for only a percentageliability involved, the obligation Consultant ill be for that entireportion or percentageliability ri t the active negligence of City. Laserevised April 2015 EXHOT f Page 2 of 2 DATE(MM/DD/YYYY) >CERTIFICATE OF LIABILITY INSURANCE I 06/17/2016 IMPORTANT: holder rr: i ,.INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION r: subject to the terms and conditionsof - policy,policies a w on this certificate does not confer riqhts to the certificate holder in lieu of such endorsemeri PRODUCER Aon Risk Insurance Services West, Inc. LOS Angeles CA Office 707 Wilshire Boulevard Suite 2600 LOS Angeles CA 90017-0460 USA 4VIVIHLI NAME' (A/® No. Ext): (866) 283-7122 {qAc No ). (800) 363-0105 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL # INSURED Wi l l dan Engi neeri nq 2401 East Katella Avenue Suite 300 Anaheim CA 92806 USA INSURER A: National Fire Ins. Co. of Hartford 20478 INSURER B: The Continental Insurance Company 35289 INSURERC: Lexington Insurance Company 19437 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570062586939 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. Limits shown are as requeste INSR LTR TYPE OF INSURANCE ADD INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS B X COMMERCIAL GENERAL LIABILITY 5088216291 1 15 1 1 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X❑ OCCUR DAMAGE TO RENTED $1,000,000 PREMISES (Ea occurrence MED EXP (Any one person) $15 , 000 PERSONAL &ADV INJURY $1,000,000 M GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2 , 000 , 000 POLICY ❑X PECOT- ❑X LOG PRODUCTS - COMP/OP AGO $2 , 000 , 000 OTHER: O o n A AUTOMOBILE LIABILITY C 6020541619 11/09/2015 11/09/2016 COMBINED SINGLE LIMIT Ea accident � $1, 000 , 000 BODILY INJURY ( Per person) Z X ANY AUTO BODILY INJURY (Per accident) d OWNED SCHEDULED AUTOS ONLY AUTOS PROPERTY DAMAGE HI RED AUTOS NON -OWNED (Per accident) ONLY AUTOS ONLY QD UMBRELLA LIAR OCCUR EACH OCCURRENCE 0 AGGREGATE EXCESS LIAR CLAIMS -MADE DED RETENTION B WORKERS COMPENSATION AND WC622647422 11/09/2015 11/09/2016 X I SPER IOTH- TATUTE ER EMPLOYERS'LIABILITY YIN workers Compensation AOS E.L. EACH ACCIDENT $1,000,000 B ANY PROPRIETOR / PARTNER, EXECUTIVE N WC620541572 11/09/2015 11/09/2016_ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N/A Workers Compensation CA E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 -- C Env Contr Prof 028174912 11/09/2015 11/09/2016 Per Claim $1,000,000 -- Claims Made Aggregate $1,000,000 SIR applies per policy terns & condi ions SIR $250,000 - DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) RE: Professional engineering services in connection with the engineering and traffic survey of 55 segments throughout the City of La Quinta. The City of La Quinta, its officers, employees, contractors, subcontractors or agents are included as Additional Insured with respect to the General Liability and Automobile Liability policies; granted a waiver of Subrogation for General Liability, Automobile Liability and workers' Compensation policies; and the General Liability and Automobile Liability policies evidenced herein are Primary and Non -Contributory to other insurance available, in accordance with the policy provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of La Quinta AUTHORIZED REPRESENTATIVE Attn: Timothy R. 7onasson Director of Design and Development 78-495 Calle Tampico — La Quinta CA 92253 USA it OO 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Policy Number: 5088210281 CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Operations Coverage Endorsement MIR11011 AM 1. bodily injury, property damage, or personal and advertising injury caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named Insured's ongoing operations as specified in such written contract; or 2. bodily injury or property damage caused in whole or in part by your work and included in the products - completed operations hazard, and only if T. bodily injury, property damage, or personal and advertising injury arising out of your work described in such written contract, but only if: 1. this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard; and 2. the written contract specifically requires th(n1amed Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. NL Subject okwmyo to the terms and conditions of this poKcy, including the |kndm of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required bvthe written contract; or B. ahigher limit ofinsurance than required bythe written contract. 111111. The insurance granted bythis endorsement to the additional insured does not apply to bodily injury, property � damage, orpersonal and advertising injury arising out of: � A. the rendering of, or the failure to rondar, any professional architectural, engineerng, or surveying aorviomo. 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and Z.. any premises or work for which the additional insured is specifically listed as an additional insured on anothof endorsement attached to this coverage part. IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITION the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additio insured whether on a primary, excess, contingent or any other basis. However, if this insurance is required by writtl Policy Number: 5088210281 CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or | Operations Coverage Endorsement contract to be primary and non-contributory, this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties |nThe Event mf Occurrence, Offense, Claim qr Suit isamended with the addition ofthe following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph 1V. of this endomamont, agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3. send the Insurer copies of all |oge| papers nooeived, and otherwise cooperate with the Insurer in the investigation, defense, orsettlement ofthe claim; and 4. tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: or organization an additional insured on this coverage part, provided the contract or agreement: This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effe on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, an], - expires concurrently with said Policy. Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To The Insurer is amended by the addition of the following: Solely with respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work done under a contract with that person or organization and included in the products -completed operations hazard. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. G-101GU-B This endorsement changes the policy to which it is attached. It is agreed that Part One Workers' Compensation Insurance G. Recovery From Others and Part Two Employers' Liability Insurance H. Recovery From Others are amended by adding the following: PREMIUM CHARGE - The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount ie E-19160-B Page 1 of # # N# # ## W1,11 I i I 111,10,1111M 1 011101111 11,11110, I MMEMM ANY PERSON OR ORGANIZATION ON WHOSE BEHALF YOU ARE REQUIRED TO OBTAIN THIS WAIVER OF OUR RIGHT TO RECOVER FROM UNDER A WRITTEN CONTRACT OR AGREEMENT. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 11/09/2015 Policy No. 6020541572 Endorsement No. N/A Insured Willclan Group, Inc. Premium $ N/A I nsurance Company The Continental Insurance Company Countersigned Q WC 00 0313 (Ed. 4-84) Copyright 1983 National Council on Compensation Insurance. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT The following is added to Section 11, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an "insured" under any other liability "policy" providing "auto" coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: � (1) "Bodily injury" or "property damage" caused by an "accident" that occurred before you acquired or formed the organization; or � (2) Any such organization that is an "insured" under any other liability "policy" providing "auto" coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an "insured" but only with respect to their legal liability for acts or omissions of a person, who qualifies as an "insured" under Section 11 — Who Is An Insured and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. "Policy," as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. 1 . In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. A. Glass Breakage — Hitting A Bird Or Animal — Failing Objects Or Missiles The following is added to Section III, Paragraph Section 111, Paragraph AA.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to 711 to provide: CNA63359XX Copyright, owACorporation, u000 Page of (Ed.04/12) Includes copyrighted material mthe Insurance Services Office used with its permission. MIMILers The following is added to Section 111111. Paragraph Hired Autos, then Physical Damage coverage is extended to: 2. Any covered "auto" you lease, hire, rent or borrow without a driver; and b. Any covered "auto" hired or rented by your "employee" without a driver, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one "accident" or "loss" is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to "loss" caused by fire or lightning. 1. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned "autos." Such physical damage coverage for hired (1) Include loss of use, provided it is the consequence of an "accident" for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision will be subject to a limit of $750 per "accident." The following is added to Section 111111, Paragraph c. Physical Damage Coverage on a covered "auto" also applies to "loss" to any permanently installed electronic equipment including its antennas and other accessories. The following is added to Section M, Paragraph Subject to the following, the "diminution in value" exclusion does not apply to: a. Any covered "auto" of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered "auto" of the private passenger type hired or rented by your "employee" without a driver for a period of 30 days or less, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a "diminution in value" |000 arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for "loss" to e covered "auto" inany one accident imthe lesser of: (1) $5.000;Vr C8 20Y6ofthe "auto's"actual cash value 111111. Drive Other Car Coverage — Executive Officers The following is added to Sections 11 and IIIIII: 1 . Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers," except: a. An "auto" owned by that "executive officer' or a member of that person's household; or b. An "auto" used by that "executive officer' while working in a business of selling, servicing, repairing or parking "autos." Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages afforded any covered "auto"; and CNA63350XX Copyright, owACorporation, u000 Page 2of3 (Ed.04/12) Includes copyrighted material ofthe Insurance Services Office used with its permission. C8 Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer' means a person holding any of the officer positions created by your charter, constitution, by- laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are "insureds" while using a covered "auto" described in this provision. A. Duties In The Event Of Accident, Claim, Suit Or Loss (4) Your "employees" may know of an "accident" or "loss." This will not mean that you have such knowledge, unless such "accident" or "loss" is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. (6) Your "employees" may know of documents received concerning a claim or "suit." This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance B. Transfer Of Rights Of Recovery Against Others To Us A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from This injury or damage must arise out of your activities under a contract with that person or organization. Tou must agree to that requirement prior to an "accident" or "loss." The following is added to Section IV, Paragraph The following is added to Section IV, Paragraph Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to "Accident" or "Loss." Section IV, Paragraph B. 7.(5).(a). is revised to provide: a 45days ofcoverage inlieu of3Odays. Section V. Paragraph C. is deleted and replaced by the following: CWA63350XX Copyright, CNmCorporation, u00o (Ed.U4/12) Includes copyrighted material mthe Insurance Services Office used with its permission. Date Initial Fifing Received STATEMENT OF ECONOMIC INTERESTS Offew um awy — PUBLIC Be COVER PAGE Flease We or pt*# in ink OF MM AM LOUIE DANIEL 1. Office, Agency, or Court Agency Wmo PD not use acraigans) "SILL DAN FINANCIAL SERVICES Division, Board, Depamnent, Dadr4 N W*ft Your Position PROJECT MANAGER Agew. Posftn: 2. Jurisdidon of Office pec* at most on box) AM 11 E 11U qn, 3. Type of Statement (check at tease one box) Annual: I'he period covered Is January 1, 2015, thinugh December 31, 2015. Judge or Court Commissioner (Statewide JurWdm) County of Other El Leaving Office: Date Left (Check one) -or- The period covered Is ---J --- J— through 0 The period covered is January 1, 2015, through ft date of December 31, 2015. o -or- leaving ffice, El Assuming Office: Date assumed ---J---J— 0 The period covered is I — through the date of Waving office. C] Candidate: Election year and office sought, If different than Part 1: MUMG ADDRESS STREEr MY STATE ZIP EWE (ft0va or A#M Adftu R#mm*,*d - Pubk Dowrowo 27368 VIA INDUSTRIA, SUITE 200 TEMECULA CA 92590 I have used all reasonable diligence In preparing this statement. I have reviewed this statement and to the be of my knowledge the Information contained herein and In any attached Schedules Is true and complete. I acknowledge this is a public document. I carlify under penalty ft of perjury under the L%n of the State of California that the forego) true and correcL " " 02/24/2016 Date Signed Signature 1 7G, 7:1—"-/'0zx—; (M-A ft, YW FPPC Form 700 (2015/2016'4'1 FPPC Advice Emath advice@fppr-ca.gov PURCHASE ORDER CITY OF LA QUIA NP 01895 P.O. BOX 1504, LA QUINTA, CA 92247 STO (760) 777-7000 HIP 78-495 Calle Tampico, La Quinta, CA 92253 (760) 777-7000 IMPORTANT 78-450 Ave. La Fonda, La Quints, CA 92253 (760) 564-0096 Show above Purchase 78-160 Francis Hack Lane, La Quints, CA 92253 (760) 777-7075 Order number on all VENDand OR NAME and ADDRESS: shippincorreg scontainerspondence, Willdan Engineering 13191 Crossroads Parkway North, Suite 405 City of Industry, Ca® 91746 Ph 562-368-4848 DATE DATE DELIVERY REQUIRED ITEM QUANTITY QUANTro( I UNI T REQUIRED RECEIVED 1 1 1 iasl 2 I 1 lasl 3 1 1 lasl 4 1 1 rast This order Is subject to the terms and conditions lk`q U shown on the face hereof. 1J 10 �UINTA I FINA'N" "1-' 00-F'j' - A/P . . ...... . ILL Vendor Number: F.Q.B. POINT TERMS DESCRIPTION 15 segments (expires in 201 Task 7 40 segments (e-,-,Dires on 2017 and 201k UNIT PRICE AMOUNT $ 6,000.00 $ 6,000.00 $ 1,500.00 $ 1,500.00 $ 00.00 $ 0.00 $16,000.00 $16,000.00 $ 1,500.00 $ 1,500.00 **S#te s&yrce vendor® Purchasing resolution 2015 Section V—E«emptions e. Purchase of this service is in the best interest of the City. rrillidan currently has speed survey history and informati critical for accuracy® I E S TAX TOTAL 25, 000. 00 1. Submit all invoices in DUPLICATE and mail to the attention of the Finance Dept. P.C. Box 15o4, La Caainta, CA 922 2. Separate invoice must be submitted for each purchase order. 3. Delivery must be prepaid to destination Indicated unless otherwise stated. PURCHASE ORDER EXCEEDING $999.99 IS NOT VALID Si nalu4& Date UNLESS SIGNED BY THE FINANCE DEPARTMENT VENDOR - WHITE FINANCE - YELLOW PURCHASING - PINK DEPARTMENT COPY - GOLDENROD Purchase Order Worksheet Ship To City Hall PO# 1695 City YardEd Vendor Willdan Engineering 13191 Crossroads Parkway North, Suite 405 City of Industry, Ca. 91746 Ph 562-368-4848 Item t Unit f0esori titan Stock Unit Price Amount 15 Segments (expires in 1 ) $0.00 1 1 Task Tasks 1- $6,000.00 $6,000.00 2 1 Task 7 $1,5 0.00 $1,500.00 0.00 40 Se manta ex ices on 2017 and 2018) $0.00 3 1 Task Tasks 1-6 $16,000.00 $1 ,000.0 1 Task Task 7 $1,500.00 $1,500.0 .00 $0.0 $0.00 $0.0 $0.00 $0.00 $0.00 $0.00 Sub Total'' '$25, 0MO Sales Tax $0.00 Shipping' $0.0 Total $25,000.00 Addition_ors Sole source vender. Purchasing resolution 21- Section V-e. Purchase of this service is in the best interest of the City: illan currently has speed survey history and information critical for accuracy. Account Number Const. 41-00-6133 E706-60104 Sedial notes or instructions. Please distribute to the following accounts 101-7 06-6 104 $ 1 ,000. 1891 Ccnst 401-000-6133 $ _ 10,000.00 T4ht 4 4v MEMORANDUM TO: Frank J. Spevacek,it r FROM: Bryan McKinney,Acting Design and DevelopmentDirectorDATE: June 20, 2016 Professional _ Services t with Willclan Engineering Engineeringr 'Survey the City Quinta Attached_i is the agreement__(in_ electronic ) between Willclan Engineering ity of La Quinta for the services Please_i _ the attachedt and_ return it to the _City Clerkr processing distribution. Requesting department sholl check and attach the items below as appropriate: X Contract payments will be charged to account number: 01-7 - 1 1891 CONST401-000-60188 X A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with - -X no reportable interests in LQ or ® reportable interests A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does not meet the definition in FPPC regulation 18701(2). Authority to execute this agreement is based upon Approved by the City Council on X City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of $50,000 or less /A Initial to certify that 3 written informal bids or proposals were received and considered in selection The following required documents are attached to the agreement: X Insurance certificates as required by the agreement (initiated by Risk Manager on-- date) N/A Performance bonds as required by the agreement (originals) - X City of La Quinto Business License LIC-0102682 EXPIRED12/f1 Purchase Order number PO 01895 U KA MEMORANDUM TO: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer FROM: Ed Wimmer, P.E., Principal Engineer DATE: February 7, 2017 RE: Amendment No. 1 to Professional Services Agreement with Willdan Engineering for Engineering and Traffic Survey of 1 additional Segment and 7 re -shoots throughout the City for an additional amount of $2,300 to the original $25,000 agreement (AGR2016-0049). Attached for your signature is the agreement Amendment No. 1 (in electronic form) between Willdan Engineering and the City of La Quinta for the services referenced above. Please sign the attached agreement and return it to the City Clerk for processing and distribution. Requesting department shall check and attach the items below as appropriate: X Contract payments will be charged to account number:101-7006-60104/ 1891 CONST 401-000-60188 X A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with X no reportable interests in LQ or _ reportable interests A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does not meet the definition in FPPC regulation 18701(2). Authority to execute this agreement is based upon: N/A Approved by the City Council on X City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of $50,000 or less N/A Initial to certify that 3 written informal bids or proposals were received and considered in selection The following required documents are attached to the agreement: X Insurance certificates as required by the agreement (initialed by Risk Manager on date) N/A Performance bonds as required by the agreement (originals) X City of La Quinta Business License LIC-0102682 EXPIRES 12/31/17 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN ENGINEERING. This Amendment No. 1 to Professional Services Agreement with Willdan Engineering ("Amendment No. 1") is made and entered into as of the day of January, 2017 ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and Willdan Engineering ("Consultant"). RECITALS WHEREAS, on or about October 26, 2016, the City and Consultant entered into a Professional Services Agreement to provide professional engineering services in connection with the engineering and traffic survey of 1 additional segment and 7 re - shoots throughout the City for an additional amount of $2,300 to the original $25,000 agreement; and WHEREAS, changes are indicated to the Contract Sum and Scope of Services in the Professional Services Agreement; WHEREAS, the City is utilizing Consultant for Co Engineering and Traffic Survey Services; NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows: AMENDMENT In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: 1. Section 2.0 is amended to read as follows: Section 2.1 - Contract Sum. For the Services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Twenty Seven Thousand Three Hundred Dollars ($27,300) (the "Contract Sum"), except as provided in Section 1.6. 2. Exhibit A - Scope of Services is amended as attached in Exhibit A. 3. Exhibit B - Compensation is amended as attached in Exhibit B. In all other respects, the Original Agreement shall remain in effect. Exhibit A Scope of Services Services to be provided in connection with one (1) additional segment and 7 re - shoots to the original 55 segments throughout the City of La Quinta. To meet the E&T Survey requirements of the California Vehicle Code and the California Manual on Uniform Traffic Control Devices (CA, NIUTCD), willdan proposes to perform: the following tasks- 1 _ Radar Sneed Surveys. Radar speed data will be gathered for each of the 55 segments by our subcontractor, Transportation Studies, Inc_, a firm we regularly use for this purpose. If possible, the optimum 100 samples will be collected for each segment, with 50 samples in each direction, but not less than 50 samples and nor more than 2 hours of measurement will be collected for each segment_ 2. Traffic Volume Data Collection. Concurrent with the radar speed surveys, two-way 24-hour machine counts will also be conducted for 55 segments_ Machine counts will be performed by our subconsultant, TSI. 3. Field Review and Other Data Collection. Using the existing survey data for reference, a field inspection and assessment of each of the street segments will be conducted to determine traffic and roadway conditions that are not readily apparent to motorists_ Any changes in roadway conditions since the last survey was conducted will be identified and noted on the survey data sheets. The posted speed limit on a street segment in an adjacent city that is a continuation of a La Quinta street segment will also be noted. 4. Traffic Collision Rates. For each street segment, collision records for the most recent 3-year period using the City's Crossroads Collision Software database will be reviewed and summarized_ Collision rates will be calculated and compared with the State of California average collision rates for similar roadways and street segments_ 5. Speed Limit Analysis. The data gathered in the previous tasks will be summarized on the survey data sheets, which will be analyzed to determine the recommended speed limit for each segment_ The reasons given in the previous E&T Survey for reducing speed limits will be considered when determining the recommended speed limits. 6_ Report Preparation. All of the tasks will be documented to form the basis of the E&T Survey report_ The report will document the methodology and procedures used for the survey, the statistical analysis factors, the collection of field data, the collusion history, the results and the recommendations_ The report will note the requirements for conducting a speed survey, including relevant excerpts from the California Vehicle Code and CA NIUTCD_ The E&T Survey report will also include a summary of recommendations and certification pages per City standard. These are often useful in the presentation of information to the City Council and for use in the court system. Following approval of the E&T Survey by the City Council, three (3) bound copies of the E&T Survey, signed, stamped and dated by the City Traffic Engineer, will be provided to the City_ OPTIONAL 7_ Meetings. For the purposes of this proposal, three (3) total meetings are included as follows: three (3) public meetings with the Transportation Commission and/or City Council. Additional meetings beyond this can be attended on an hourly basis based on Wiildan Engineering's standard hourly rates. Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Consultant under this Agreement is Twenty Seven Thousand Three Hundred Dollars ($27,300) ("Contract Sum"). The Contract Sum shall be paid to Consultant in installment payments made on a monthly basis and in an amount identified in Consultant's schedule of compensation attached hereto for the work tasks performed and properly invoiced by Consultant in conformance with Section 2.2 of this Agreement. Original Contract amount: $25,000 Additional services (7 re -shoots and 1 additional segment): $2,300 IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No.1 to the Professional Services Agreement on the respective dates set forth below. CITY OF LA QUINTA a California municipal corporation --'4Dc4 � Dated: / nk J.k,City Manager ATTEST: Susan Maysels, City Cle APPROVED AS TO FORM: William H. Ihrke, City Attorney CONSULTANT: Willdan Engineering Name: Lew • Title: Director of Engineering A� o CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11/03/2016 I 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 Aon Risk Insurance Services West, Inc. Los Angeles CA Office CONTACT NAME: (A/C.NNo. Ext): (866) 283-7122 (A� No.): (800) 363-0105 E-MAIL ADDRESS: 707 Wilshire Boulevard Suite 2600 INSURER(S) AFFORDING COVERAGE NAIC # Los Angeles CA 90017-0460 USA INSURED INSURER A: National Fire Ins. Co. of Hartford 20478 Willdan Enqineerinq 2401 East Katella Avenue Suite 300 INSURER B: The Continental Insurance Company 35289 INSURER C: Lexington Insurance Company 19437 Anaheim CA 92806 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570064388248 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. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MMWD/ POLICY EXP MM/DD/YYYY LIMITS B X COMMERCIAL GENERAL LIABILITY 5 1 1 11 1 1110912017 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X❑ OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $1,000,000 MED EXP (Any one person) $15 , 000 PERSONAL &ADV INJURY $1,000,000 GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2 , 000 , 000 POLICY � PRO JECT Fx1 LOC PRODUCTS - COMP/OP AGG $2,000,000 OTHER: A AUTOMOBILE LIABILITY 6020541619 11/09/2016 11/09/2017 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY ( Per person) X ANY AUTO BODILY INJURY (Per accident) OWNED SCHEDULED AUTOS ONLY AUTOS HI RED AUTOS NON -OWNED ONLY AUTOS ONLY PROPERTY DAMAGE Per accident UMBRELLA LIAB EACH OCCURRENCE AGGREGATE EXCESS LIAB HOCCUR CLAIMS -MADE DED RETENTION B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) N/A 6022647422 A05 6020541572 CA 11/09/2016 11/09/2016 11/09/2017 11/09/2017 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $1, 000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 C Archit&Eng Prof 028174912 11/09/2016 11/09/2017 Per Claim $1,050,000 SIR applies per policy ter s & conditions Aggregate $1,000,000 SIR $250,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) RE: Professional engineering services in connection with the engineering and traffic survey of 55 segments throughout the City of La Quinta. The City of La Quinta, its officers, employees, contractors, subcontractors or agents are included as Additional Insured with respect to the General Liability and Automobile Liability policies; granted a Waiver of Subrogation for General Liability, Automobile Liability and workers' Compensation policies; and the General Liability and Automobile Liability policies evidenced herein are Primary and Non -Contributory to other insurance available, in accordance with the policy provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of La Quinta AUTHORIZED REPRESENTATIVE Attn: Timothy R. Jonasson Director of Design and Development 78-495 Calle Tampico La Quinta CA 92253 USA ✓6trud on ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Policy Number: 5088210281 CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured is required by written contract to add as an additional insured on this coverage part, including any such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement. However, such person or organization is an Insured only with respect to such person or organization's liability for: A. unless paragraph B. below applies, 1. bodily injury, property damage, or personal and advertising injury caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named Insured's ongoing operations as specified in such written contract; or 2. bodily injury or property damage caused in whole or in part by your work and included in the products - completed operations hazard, and only if a. the written contract requires the Named Insured to provide the additional insured such coverage; and b. this coverage part provides such coverage. B. bodily injury, property damage, or personal and advertising injury arising out of your work described in such written contract, but only if: 1. this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard; and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. II. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: N O O A. coverage broader than required by the written contract; or r r m 0 B. a higher limit of insurance than required by the written contract. III. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: N A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. However, if this insurance is required by written Policy Number: 5088210281 CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement contract to be primary and non-contributory, this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 4. tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. Policy Number: 5088210281 CNA CNA PARAMOUNT Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To The Insurer is amended by the addition of the following: Solely with respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work done under a contract with that person or organization and included in the products -completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. G-19160-B CNA (Ed. 11 /97) WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement changes the policy to which it is attached. It is agreed that Part One Workers' Compensation Insurance G. Recovery From Others and Part Two Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is G-19160-B (Ed. 11 /97) Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION ON WHOSE BEHALF YOU ARE REQUIRED TO OBTAIN THIS WAIVER OF OUR RIGHT TO RECOVER FROM UNDER A WRITTEN CONTRACT OR AGREEMENT. THIS ENDORSEMENT DOES NOT APPLY IN NEW HAMPSHIRE OR NEW JERSEY. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium $ Insurance Company WC 00 03 13 (Ed. 4-84) Countersigned by Copyright 1983 National Council on Compensation Insurance. A� o CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11/03/2016 I 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 Aon Risk Insurance Services West, Inc. Los Angeles CA Office CONTACT NAME: (A/C.NNo. Ext): (866) 283-7122 (A� No.): (800) 363-0105 E-MAIL ADDRESS: 707 Wilshire Boulevard Suite 2600 INSURER(S) AFFORDING COVERAGE NAIC # Los Angeles CA 90017-0460 USA INSURED INSURER A: National Fire Ins. Co. of Hartford 20478 Willdan Enqineerinq 2401 East Katella Avenue Suite 300 INSURER B: The Continental Insurance Company 35289 INSURER C: Lexington Insurance Company 19437 Anaheim CA 92806 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570064388248 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. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MMWD/ POLICY EXP MM/DD/YYYY LIMITS B X COMMERCIAL GENERAL LIABILITY 5 1 1 11 1 1110912017 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X❑ OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $1,000,000 MED EXP (Any one person) $15 , 000 PERSONAL &ADV INJURY $1,000,000 GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2 , 000 , 000 POLICY � PRO JECT Fx1 LOC PRODUCTS - COMP/OP AGG $2,000,000 OTHER: A AUTOMOBILE LIABILITY 6020541619 11/09/2016 11/09/2017 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY ( Per person) X ANY AUTO BODILY INJURY (Per accident) OWNED SCHEDULED AUTOS ONLY AUTOS HI RED AUTOS NON -OWNED ONLY AUTOS ONLY PROPERTY DAMAGE Per accident UMBRELLA LIAB EACH OCCURRENCE AGGREGATE EXCESS LIAB HOCCUR CLAIMS -MADE DED RETENTION B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) N/A 6022647422 A05 6020541572 CA 11/09/2016 11/09/2016 11/09/2017 11/09/2017 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $1, 000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 C Archit&Eng Prof 028174912 11/09/2016 11/09/2017 Per Claim $1,050,000 SIR applies per policy ter s & conditions Aggregate $1,000,000 SIR $250,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) RE: Professional engineering services in connection with the engineering and traffic survey of 55 segments throughout the City of La Quinta. The City of La Quinta, its officers, employees, contractors, subcontractors or agents are included as Additional Insured with respect to the General Liability and Automobile Liability policies; granted a Waiver of Subrogation for General Liability, Automobile Liability and workers' Compensation policies; and the General Liability and Automobile Liability policies evidenced herein are Primary and Non -Contributory to other insurance available, in accordance with the policy provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of La Quinta AUTHORIZED REPRESENTATIVE Attn: Timothy R. Jonasson Director of Design and Development 78-495 Calle Tampico La Quinta CA 92253 USA ✓6trud on ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Policy Number: 5088210281 CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured is required by written contract to add as an additional insured on this coverage part, including any such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement. However, such person or organization is an Insured only with respect to such person or organization's liability for: A. unless paragraph B. below applies, 1. bodily injury, property damage, or personal and advertising injury caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named Insured's ongoing operations as specified in such written contract; or 2. bodily injury or property damage caused in whole or in part by your work and included in the products - completed operations hazard, and only if a. the written contract requires the Named Insured to provide the additional insured such coverage; and b. this coverage part provides such coverage. B. bodily injury, property damage, or personal and advertising injury arising out of your work described in such written contract, but only if: 1. this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard; and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. II. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: N O O A. coverage broader than required by the written contract; or r r m 0 B. a higher limit of insurance than required by the written contract. III. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: N A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. However, if this insurance is required by written Policy Number: 5088210281 CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement contract to be primary and non-contributory, this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 4. tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. Policy Number: 5088210281 CNA CNA PARAMOUNT Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To The Insurer is amended by the addition of the following: Solely with respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work done under a contract with that person or organization and included in the products -completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. G-19160-B CNA (Ed. 11 /97) WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement changes the policy to which it is attached. It is agreed that Part One Workers' Compensation Insurance G. Recovery From Others and Part Two Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is G-19160-B (Ed. 11 /97) Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION ON WHOSE BEHALF YOU ARE REQUIRED TO OBTAIN THIS WAIVER OF OUR RIGHT TO RECOVER FROM UNDER A WRITTEN CONTRACT OR AGREEMENT. THIS ENDORSEMENT DOES NOT APPLY IN NEW HAMPSHIRE OR NEW JERSEY. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium $ Insurance Company WC 00 03 13 (Ed. 4-84) Countersigned by Copyright 1983 National Council on Compensation Insurance. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured - Primary And Non -Contributory To Additional Insured's Insurance 3. Additional Insured — Extended Coverage 4. Boats 5. Bodily Injury — Expanded Definition 6. Broad Knowledge of Occurrence/ Notice of Occurrence 7. Broad Named Insured 8. Contractual Liability — Railroads 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury — Exception for Reasonable Force 11. General Aggregate Limits of Insurance — Per Location 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies 15. Legal Liability — Damage To Premises 16. Liquor Liability 17. Medical Payments 18. Non -owned Aircraft Coverage 19. Non -owned Watercraft 20. Personal And Advertising Injury — Discrimination or Humiliation 21. Personal And Advertising Injury - Contractual Liability 22. Property Damage — Elevators 23. Retired Partners, Members, Directors And Employees 24. Supplementary Payments 25. Unintentional Failure To Disclose Hazards 26. Waiver of Subrogation — Blanket 27. Wrap -Up Extension: OCIP, CCIP or Consolidated (Wrap -Up) Insurance Programs CNA74858XX (1-15) Page 1 of 18 The Continental Insurance Co. Insured Name: WILLDAN GROUP, INC. Policy No: 5088210281 Endorsement No: 2 Effective Date: 11 / 0 9 / 2 016 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through I. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through I. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co -owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Engineers, Architects or Surveyors Engaged By You An architect, engineer or surveyor engaged by the Named Insured, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by the Named Insured's acts or omissions, or the acts or omissions of those acting on the Named Insured's behalf: a. in connection with the Named Insured's premises; or b. in the performance of the Named Insured's ongoing operations. But the coverage hereby granted to such additional insureds does not apply to bodily injury, property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by, on behalf of, or for the Named Insured, including but not limited to: CNA74858XX (1-15) Policy No: 5088210281 Page 2 of 18 Endorsement No: 2 The Continental Insurance Co. Effective Date: 11/09/2016 Insured Name: WILLDAN GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. supervisory, inspection, architectural or engineering activities. D. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. E. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. H. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or CNA74858XX (1-15) Page 3 of 18 The Continental Insurance Co. Insured Name: WILLDAN GROUP, INC. Policy No: 5088210281 Endorsement No: 2 Effective Date: 11 / 0 9 / 2 016 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products -completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. I. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products -completed operations hazard. 2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. ADDITIONAL INSURED — EXTENDED COVERAGE When an additional insured is added by this or any other endorsement attached to this Coverage Part, WHO IS AN INSURED is amended to make the following natural persons Insureds. If the additional insured is: a. An individual, then his or her spouse is an Insured; b. A partnership or joint venture, then its partners, members and their spouses are Insureds; c. A limited liability company, then its members and managers are Insureds; or d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are Insureds; CNA74858XX (1-15) Policy No: 5088210281 Page 4 of 18 Endorsement No: 2 The Continental Insurance Co. Effective Date: 11/09/2016 Insured Name: WILLDAN GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Please see the ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person Insureds. 4. BOATS Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to add the following additional exception to the exclusion entitled Aircraft, Auto or Watercraft: This exclusion does not apply to: Any watercraft owned by the Named Insured that is less than 30 feet long while being used in the course of the Named Insured's inspection or surveying work. 5. BODILY INJURY— EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 6. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 7. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have CNA74858XX (1-15) Page 5 of 18 The Continental Insurance Co. Insured Name: WILLDAN GROUP, INC. Policy No: 5088210281 Endorsement No: 2 Effective Date: 11 / 0 9 / 2 016 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing -business -as names (dba) as any Named Insured should choose to employ. 8. CONTRACTUAL LIABILITY —RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following: Insured Contract means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured you with permission of the owner is not an insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: CNA74858XX (1-15) Policy No: 5088210281 Page 6 of 18 Endorsement No: 2 The Continental Insurance Co. Effective Date: 11/09/2016 Insured Name: WILLDAN GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses of any natural person Insured or living trust shall also be insured under this policy; provided, however, coverage is afforded to such estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided, however, that the spouse of a natural person Named Insured, and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. 10. EXPECTED OR INTENDED INJURY — EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION A. A separate Location General Aggregate Limit, equal to the amount of the General Aggregate Limit, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Location General Aggregate Limit of any other location. B. All: 1. Damages under Coverage B, regardless of the number of locations involved; CNA74858XX (1-15) Page 7 of 18 The Continental Insurance Co. Insured Name: WILLDAN GROUP, INC. Policy No: 5088210281 Endorsement No: 2 Effective Date: 11 / 0 9 / 2 016 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single location, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single location, will reduce the General Aggregate Limit shown in the Declarations. C. For the purpose of this GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION Provision, "location" means: 1. a premises the Named Insured owns or rents; or 2. a premises not owned or rented by any Named Insured at which the Named Insured is performing operations pursuant to a contract or written agreement. If operations at such a location have been discontinued and then restarted, or if the authorized parties deviate from plans, blueprints, designs, specifications or timetables, the location will still be deemed to be the same location. For the purpose of determining the applicable aggregate limit of insurance, premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single location. D. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Location General Aggregate Limit or the General Aggregate Limit, depending on whether the occurrence can be attributed solely to ongoing operations at a particular location. E. When coverage for liability arising out of the products -completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products -completed operations hazard, regardless of the number of locations involved, will reduce the Products -Completed Operations Aggregate Limit shown in the Declarations. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION Provision shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and CNA74858XX (1-15) Policy No: 5088210281 Page 8 of 18 Endorsement No: 2 The Continental Insurance Co. Effective Date: 11/09/2016 Insured Name: WILLDAN GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement B. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. to add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not be limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; CNA74858XX (1-15) Policy No: 5088210281 Page 9 of 18 Endorsement No: 2 The Continental Insurance Co. Effective Date: 11/09/2016 Insured Name: WILLDAN GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co -employee while in the course of the co -employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co -volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance CNA74858XX (1-15) Policy No: 5088210281 Page 10 of 18 Endorsement No: 2 The Continental Insurance Co. Effective Date: 11/09/2016 Insured Name: WILLDAN GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES A. Past Joint Ventures, Partnerships, Limited Liability Companies The following is added to WHO IS AN INSURED: If the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense, first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Architects, Engineers And Surveyors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) insurance program. B. Participation In Current Professional Joint Ventures The following is added to WHO IS AN INSURED: The Named Insured is also an Insured for participation in a current joint venture that is not named on the Declarations, but only if such joint venture meets all of the following criteria: a. Each and every one of the Named Insured's co -venturers are architectural, engineering or surveying firms only; and b. There is no other valid and collectible insurance purchased specifically to insure the joint venture. However, the Named Insured is an Insured only for the conduct of such Named Insured's business within such a joint venture. The Named Insured is not insured for liability arising out of the acts or omissions of other co - venturers, nor of their partners, members or employees. C. WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: Except as provided under this Architects, Engineers And Surveyors General Liability Extension Endorsement or by the attachment of another endorsement (if any), no person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. CNA74858XX (1-15) Page 11 of 18 The Continental Insurance Co. Insured Name: WILLDAN GROUP, INC. Policy No: 5088210281 Endorsement No: 2 Effective Date: 11 / 0 9 / 2 016 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 15. LEGAL LIABILITY — DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: This insurance does not apply to: j. Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products -completed operations hazard. Paragraphs (3) and (4) of this exclusion do not apply to property damage to: i. tools, or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named Insured's care, custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to: a. property at a job site awaiting or during such property's installation, fabrication, or erection; b. property that is mobile equipment leased by an Insured; CNA74858XX (1-15) Policy No: 5088210281 Page 12 of 18 Endorsement No: 2 The Continental Insurance Co. Effective Date: 11/09/2016 Insured Name: WILLDAN GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement c. property that is an auto, aircraft or watercraft; d. property in transit; or e. any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(ii) of the Other Insurance Condition is deleted and replaced by the following: (ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. CNA74858XX (1-15) Page 13 of 18 The Continental Insurance Co. Insured Name: WILLDAN GROUP, INC. Policy No: 5088210281 Endorsement No: 2 Effective Date: 11 / 0 9 / 2 016 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit. B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and 18. NON -OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON -OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following CNA74858XX (1-15) Policy No: 5088210281 Page 14 of 18 Endorsement No: 2 The Continental Insurance Co. Effective Date: 11/09/2016 Insured Name: WILLDAN GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1. ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: So long as the above conditions are met, attorney's fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred CNA74858XX (1-15) Page 15 of 18 The Continental Insurance Co. Insured Name: WILLDAN GROUP, INC. Policy No: 5088210281 Endorsement No: 2 Effective Date: 11 / 0 9 / 2 016 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE —ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES WHO IS INSURED is amended to include as Insureds natural persons who are retired partners, members, directors or employees, but only for bodily injury, property damage or personal and advertising injury that results from services performed for the Named Insured under the Named Insured's direct supervision. All limitations that apply to employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision. 24. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 26. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: CNA74858XX (1-15) Policy No: 5088210281 Page 16 of 18 Endorsement No: 2 The Continental Insurance Co. Effective Date: 11/09/2016 Insured Name: WILLDAN GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 27. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to the above -referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor 2. Bodily injury or property damage included within the products -completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons. CNA74858XX (1-15) Page 17 of 18 The Continental Insurance Co. Insured Name: WILLDAN GROUP, INC. Policy No: 5088210281 Endorsement No: 2 Effective Date: 11 / 0 9 / 2 016 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74858XX (1-15) Policy No: 5088210281 Page 18 of 18 Endorsement No: 2 The Continental Insurance Co. Effective Date: 11/09/2016 Insured Name: WILLDAN GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. A� o CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11/03/2016 I 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 Aon Risk Insurance Services West, Inc. Los Angeles CA Office CONTACT NAME: (A/C.NNo. Ext): (866) 283-7122 (A� No.): (800) 363-0105 E-MAIL ADDRESS: 707 Wilshire Boulevard Suite 2600 INSURER(S) AFFORDING COVERAGE NAIC # Los Angeles CA 90017-0460 USA INSURED INSURER A: National Fire Ins. Co. of Hartford 20478 Willdan Enqineerinq 2401 East Katella Avenue Suite 300 INSURER B: The Continental Insurance Company 35289 INSURER C: Lexington Insurance Company 19437 Anaheim CA 92806 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570064388248 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. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MMWD/ POLICY EXP MM/DD/YYYY LIMITS B X COMMERCIAL GENERAL LIABILITY 5 1 1 11 1 1110912017 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X❑ OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $1,000,000 MED EXP (Any one person) $15 , 000 PERSONAL &ADV INJURY $1,000,000 GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2 , 000 , 000 POLICY � PRO JECT Fx1 LOC PRODUCTS - COMP/OP AGG $2,000,000 OTHER: A AUTOMOBILE LIABILITY 6020541619 11/09/2016 11/09/2017 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY ( Per person) X ANY AUTO BODILY INJURY (Per accident) OWNED SCHEDULED AUTOS ONLY AUTOS HI RED AUTOS NON -OWNED ONLY AUTOS ONLY PROPERTY DAMAGE Per accident UMBRELLA LIAB EACH OCCURRENCE AGGREGATE EXCESS LIAB HOCCUR CLAIMS -MADE DED RETENTION B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) N/A 6022647422 A05 6020541572 CA 11/09/2016 11/09/2016 11/09/2017 11/09/2017 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $1, 000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 C Archit&Eng Prof 028174912 11/09/2016 11/09/2017 Per Claim $1,050,000 SIR applies per policy ter s & conditions Aggregate $1,000,000 SIR $250,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) RE: Professional engineering services in connection with the engineering and traffic survey of 55 segments throughout the City of La Quinta. The City of La Quinta, its officers, employees, contractors, subcontractors or agents are included as Additional Insured with respect to the General Liability and Automobile Liability policies; granted a Waiver of Subrogation for General Liability, Automobile Liability and workers' Compensation policies; and the General Liability and Automobile Liability policies evidenced herein are Primary and Non -Contributory to other insurance available, in accordance with the policy provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of La Quinta AUTHORIZED REPRESENTATIVE Attn: Timothy R. Jonasson Director of Design and Development 78-495 Calle Tampico La Quinta CA 92253 USA ✓6trud on ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Policy Number: 5088210281 CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured is required by written contract to add as an additional insured on this coverage part, including any such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement. However, such person or organization is an Insured only with respect to such person or organization's liability for: A. unless paragraph B. below applies, 1. bodily injury, property damage, or personal and advertising injury caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named Insured's ongoing operations as specified in such written contract; or 2. bodily injury or property damage caused in whole or in part by your work and included in the products - completed operations hazard, and only if a. the written contract requires the Named Insured to provide the additional insured such coverage; and b. this coverage part provides such coverage. B. bodily injury, property damage, or personal and advertising injury arising out of your work described in such written contract, but only if: 1. this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard; and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. II. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: N O O A. coverage broader than required by the written contract; or r r m 0 B. a higher limit of insurance than required by the written contract. III. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: N A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. However, if this insurance is required by written Policy Number: 5088210281 CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement contract to be primary and non-contributory, this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 4. tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. Policy Number: 5088210281 CNA CNA PARAMOUNT Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To The Insurer is amended by the addition of the following: Solely with respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work done under a contract with that person or organization and included in the products -completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. G-19160-B CNA (Ed. 11 /97) WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement changes the policy to which it is attached. It is agreed that Part One Workers' Compensation Insurance G. Recovery From Others and Part Two Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is G-19160-B (Ed. 11 /97) Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION ON WHOSE BEHALF YOU ARE REQUIRED TO OBTAIN THIS WAIVER OF OUR RIGHT TO RECOVER FROM UNDER A WRITTEN CONTRACT OR AGREEMENT. THIS ENDORSEMENT DOES NOT APPLY IN NEW HAMPSHIRE OR NEW JERSEY. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium $ Insurance Company WC 00 03 13 (Ed. 4-84) Countersigned by Copyright 1983 National Council on Compensation Insurance.