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2016-18 Bengal Engineering Amendment 3 - Dune Palms Bridge Project 2011-05=q"tit D •kOF.'[�40 PROJECT NO. 2011-05 PROFESSIONAL SERVICES AGREEMENT: DUNE PALMS ROAD LOW WATER CROSSING REPLACEMENT FEDERAL AID PROJECT NO. BRLKS 5433 (014) CONSULTANT: Bengal Engineering, Inc. Attention: Scott Onishuk, P.E. 250 Big Sur Drive .Goleta, CA 93117 CONTRACT AMENDMENT NO. 3 Pursuant to the terms of the original Professional Services Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the previously approved scope of work. Unless otherwise stated all work shall conform to the terms, general conditions, and scope of services of the Profess iona1,Services Agreement. DESCRIPTION OF CHANGE . This contract amendment authorizes additional services pursuant to Bengal Engineering, Inc's Additional Work Request, dated March 15, 2016 to revise the Traffic Technical Memo and Noise Impact Study, and to prepare and process an Air Quality Report, in accordance with the requirements of the Caltrans District 8 Environmental Section: Bengal Engineering, Inc's additional work request, dated March 15, 2016 is attached and made a part hereof and shall not exceed $31,678.00. Previous Contract Amount Through. Contract Amendment No. -2- $1,182,348.00 Add this Amendment $ 31,678.00 Revised Contract Total $1,214,026.00 The contract term is not affected by this Agreement Amendment. Submitted Date: By: - Nick Nickerson, Project Manager ' Digitally signed by Frankl. Spevacek DEN: C=US, umber-g8217v10v Sind x, /oAI�Y, <s DS.,t=�ailfo,nla, i=ta o�inla. Frank k'Spevacek cn=FankJ. Spera ' k' Approved By: Date: March 24, 2016 Date: 2016.05.25 1022A0 -0T00' We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above. o Accepted By: j . Title: Director Scott Onislu�c Consultant: Bengal Engineering, Inc. Date: March 24, 2016 --- I v March 15, 2016 Tim Jonasson, P.E., Public Works. Director/City Engineer City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 RE: Dune Palms Road Low -Water Crossing Replacement at Coachella Valley Water Channel City Project 2001-05; Federal Aid Proj. # BRLKS-5433(014) Additional Work Request #3: Revised Traffic Technical Memo, Revised Noise Impact Study, and Air Quality Report Dear Mr. Jonasson, This letter proposes a contract revision, "Additional Work Request #3" for your consideration. Attached please find: A. Additional Scope of Services, "Exhibit A", which details the additional scope of work requested by the City of La Quinta / Caltrans B. Additional Work Request #3 Cost Proposal Three tasks are included in "Additional Work Request #3": 1. Revised Traffic Technical Memo: Our team prepared a Traffic Technical Memo which was completed within the original scope. Subsequently, the City asked our team to revise the Traffic Technical Memo, including new field counts, a revised traffic analysis, and a revised traffic memo to accommodate additional study of traffic impacts which may be generated by the project. 2. Revised Noise Impact Analysis Report. Simply stated, the revision of the Traffic Technical memo, generated the need for a Revised Noise Impact Analysis report. 3. Prepare an Air Quality Technical Report: Caltrans requested a full Air Quality Technical Report. Please see the attached scope for details. Bengal Engineering, Inc. Page 1 Dune Palms Low -Water Crossing (Replace): City Project 2011-05; Federal Aid Proj. # BRLKS-5433(014) Additional Work Request #3 March 15, 2016 Proposed costs for Additional Work Request #3 Include: 1. Revised Traffic Technical Memo $ 9,652 2. Revised Noise Impact Analysis Report $ 3,186 3. Air Quality Technical Report $18,840. Total Additional Work Request #3 $31,678 Please note that in appreciation for the opportunity to work for the City of La Quinta, Bengal Engineering has not added any project management fee for our oversight of this additional work We look forward to hearing from you, aV.,(AovIl Scott Onishuk, PE Bengal Engineering, Inc. Page 2 Proposal for Additional Services #3 Submitted to City of La Quinta Dune Palms Road — Bridge Project March 15, 2016 Additional. Scope of Services, "Exhibit A": Task 1.0 Revised Traffic Technical Memo PB previously prepared a draft of the project traffic technical memo that was reviewed by the City of La Quinta. The report was prepared using standard practices for development of traffic study for submission to Caltrans and the development of future traffic volumes for a specific transportation related project. In response to City comments and questions regarding existing and future analysis consistency with the City's General Plan, the following additional tasks were performed:. PB researched and prepared a comparative analysis of existing and future traffic condition based on the collected traffic data as well as the recently adopted General Plan. This work was outside of our original scope and required additional efforts to analyze and compare different future traffic conditions and calculate and review growth rates as they pertain to the growth from existing conditions to the future. Collecting traffic data while school is in session is standard practice for traffic studies. A summary was prepared. • Additional meetings were held to discuss findings and review the analysis and obtain City direction on final study direction. • Commissioned'new traffic counts. Note, the collection of new traffic counts was not initially discussed since it is considered a non-standard practice to obtain traffic data while school was not in session. Through discussions with the City, it was decided to commission new.peak hour and roadway traffic counts and prepare analysis to compare to the future conditions discussed in the General Plan. New existing and future conditions analysis. The new traffic data was analyzed for the traffic operations at the two project intersections. Based on the findings of the evaluation of new existing traffic data, the direction from the City was to utilize the City's General Plan buildout traffic volumes for the 2040 future analysis timeframe. The use of General Plan buildout traffic for the preparation of a Caltrans approved traffic study is generally not a standard practice, however since the General Plan traffic study is less than 5 years old, it was agreed to use the buildout traffic volumes as the opening year traffic volumes within the report. • Revise reportwith new analysis. The report was revised and updated with the newly collected traffic counts and revised analysis. The revision of the report was additional effort due to the change in the City requested methodology. The new memo was circulated for approval by the City and Caltrans. Any remaining comment responses, that are viewed as typical and do not require entirely new counts or analysis, will be considered to be included in the original scope. Task 2.0 Revisions to the Noise Impact Analysis Report The Noise Impact Analysis Report had gone through a City review cycle based on the original traffic study. Due to major changes to the Traffic Memo, specifically both the existing and future traffic Proposal for Additional Services #3 Submitted to City of La Quinta Dune Palms Road — Bridge Project , March 15, 2016 volumes, the Noise analysis will be revised based on the updated traffic information. PB will update the Noise Screening Checklist and Technical Memo assessing the project's potential effects on existing and future noise conditions, based on the revised existing and future traffic volumes noted in the revised Traffic Memo. Task 3.0 Prepare Air Quality Technical Report The original project scope did include an Air Quality Report, however following the approval of the PIES, Caltrans only required an Air Quality Conformity Analysis. Therefore, the budget for the originally scope report was moved_ to prepare the Air Quality Conformity Analysis. Following the initial submittal of the Air Quality Conformity Analysis and after the Interagency Consultation (IAC) determined that the project was not a project of air quality concern (POAQC), Caltrans Air Quality staff requested the project prepare a full Air Quality Technical Report. PB will prepare a Draft Air Quality Technical Report for the project. This will be done in accordance with the latest Caltrans guidelines, following the most recent version of Caltrans' SER templates. The report will be consistent with the previously prepared Air Quality Conformity Report, and will include the following: • Discussion of federal, state and local regulations Discussion of local climate and geography • Compilation of recent monitored data for the project area • CO screening • PM Hot Spot screening • MSAT analysis • Conformity and Air Quality Management Plan Consistency • Naturally Occurring Asbestos • Construction analysis • Mitigation measures • Appendices containing CO Protocol flowcharts and TIP info The prior prepared Air Quality Conformity Analysis will be used in the development of the Air Quality Technical Report. Following addressing of all City and Caltrans comments, PB will submit the Final Air Quality Report for approval by Caltrans. ra ri Additional Work Request #3 Cost Proposal DUNE PALMS ROAD LOW-WATER CROSSING REPLACEMENT Y OF.1i1t' CITY PROJ #. - 2011.05; FEDERAL AID PROD. NO. BRLKS-5433(014) 15-Mar-16 Parsons Bri;nckerhoff Hept Seven Bengal Task: E,nv., Project Mgr Technical Specialist Sr. Engineer/ Planner Pro,j. Planner Engineer/ Project Manager (no cha,rge) Reimb. Total' byTask 1 14 :: 1 1 Hours Fee Hours Fee Hours Fee Hours Fee -Hours Fee Fee Hours Fee 1. Revised Traffic Technical Memo Review / Comparison w/ GP 9 Revised Analysis w/new counts $0 $0 10 $1,880 20 $2,280 $0 $0 30 $4,160 Meetin s $0 $0 8 $1,504 $0 2 $300 $0 10 $1,804 Memo o/Findings $0 $0 4 $752 6 $684 2 $300 $0 12 $1,736 Revised Memo $0 $01 2 $376 4. $4561 2 3300 $0 $820 8. $1,952 2, Revised Noise Impact Analysis Report 2 $410 4 $816 8 - $1,504 4 $456 $0 $0 18 $3,186 3, Air Quality Technical Report 10 $2,050 28 $5,712 45 $8,460 12 $1,368 5 $750 $0 $500 100 $18,840 AWR #3 Total 12 $2,4601 32 $6,528 77 $14,476 46 $5,244 11 $1,650 $0 $1,326 178 $31",678 Sep PROJECT NO. 2011-05 PROFESSIONAL SE VICES AGREEMENT: DUNE PALMS ROAD LOW WATER CROSSING REPLACEMENT FEDERAL AID PROJECT • CONSULTANT: Bengal Engineering, Inc. Attention: Scott Onishuk, P.E. 250 BigSur Drive Goleta, CA 93117 FUSLiant to the terms ot the original rrotessionalYou e make - herein described changes or •• the following described • not included previously approved scope of • otherwise stated all workconform general conditions, and scope of services ofthe Professional Services Agreement. This contract amendment authorizes additional services pursuant to Bengal Additional• Request, dated March 15, 2016r and Noise Impact Study, and to prepare and process a.: Air Quality Report, in accordance with the requirements of the Caltrans District 8 Environmental Section. Bengal Engineering, Inc's additional• dated March 15, 2016 is attached and made a part hereof and shall not Previous Contract Amount Through Contract Amendment No. -2- $1,182,348.00 exceed $31,678.00. this Amendment $31,678.00 TotalRevised Contract t The contract term is not affected by this Agreement Amendment. Submitted ate: y: Nick Nickerson,Project Manager arch 24, 2016 Digitally signed by Frankl. Spevac,k DN ApproSped se IN b g8zl 7znO,5Ow4d3x, !' - S—US T C If na I La Qunta ate" y: —Frank JSpevacek, cn FrankJ Date 2016.05.2510:22.40-07'00' We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that ive ivill provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all .services necessary to complete the above specified ii,ork-and laet°eby accept as fi ll payment the amount .shown above. Accepted By: Title: Director watt lnis 7LIT Consultant: Bengal Engineering, Inc, Date.:_ March 24, 2016 ENGA,-74 I"< -- Tim Jonasson, P.E., Public Works Director/City Engineer City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 r M-m-mm, L., ETTIMUM.�- City Project 2001-05; Federal Aid Proi. # BRLKS-5433(014) Additional Work Request #3: Revised Traffic Technical Memo, Revised Noise Impact Study, and Air Quality Report This letter proposes a contract revision, "Additional Work Request #3" for your consideration. Attached please find: A. Additional Scope of Services, "Exhibit which details the additional scope of work requested by the City of La Quinta / Caltrans 1-MWIT615an 6=2 . �$ 1 •711 Three tasks are included in "Additional Work Request 1. Revised Traffic Technical Memo: Our team prepared a Traffic Technical Memo which was completed within the original scope. Subsequently, the City asked our team to revise the Traffic Technical Memo, including new field counts, a revised traffic analysis, and a revised traffic memo to accommodate additional study of traffic impacts which may be generated by the project. 2. Revised Noise Impact Analysis Report. Simply stated, the revision of the Traffic Technical memo, generated the need for a Revised Noise Impact Analysis report. 3. Prepare an Air Quality Technical Report: Caltrans requested a full Air Quality Technical Report. Please see the attached scope for details. Bengal Engineering, Inc. Page 1 Dune Palms Low -Water Crossing (Rep|ace):City Project 2U11-O5; Federal Aid Pnoj.# Additional Work Request #3 March 1S,2O16 Proposed costs for Additional Work Request #3 include: 1. Revised Traffic Technical Memo $9,652 2. Revised Noise Impact Analysis Report $ 3,186 Total Additional Work Request #3 $31,678 Please note that in appreciation for the opportunity to work for the City of La Quinta, Bengal VVelook forward tmhearing from you, Bengal Engineering, Inc. Page 2 Proposal for Additional Services #3 Submitted to City of La Quinta Dune Palms Road — Bridge Project Task 1.0 Revised Traffic Technical Memo P8previously prepared adraft ofthe project traffic technical memo that was reviewed bytheCity ofLo Ominta. The report was prepared using standard practices for development oftraffic study for submission to Caltrans and the development of future traffic volumes for a specific transportation related project. In response toCity comments and questions regarding existing and future analysis consistency with the City's General Plan, the following additional tasks were performed: � P8researched and prepared acomparative analysis of existing and future traffic condition based on the collected traffic data as well as the recently adopted General Plan. This work was outside of our original scope and required additional efforts to analyze and compare different future traffic conditions and calculate and review growth rates as they pertain to the growth from existing conditions to the future. Collecting traffic data while school is in session is standard practice for traff ic studies. A summary was prepared. a Additional meetings were held to discuss findings and review the analysis and obtain City direction on final study direction. �fommissioned new traffiLc counts. Note, the collection ofnew traffic counts was not initially discussed since it is considered a non-standard practice toobtain traffic data while school was not in session. Through discussions with the City, it was decided to commission new peak hour and roadway traff ic counts and prepare analysis to compare to the future conditions discussed inthe General Plan. �* The new traffic data was analyzed for the traffic operations at the two project intersections. Based on the findings of the evaluation of new existing traff ic data, the direction from the City was to utilize the City's General Plan buildout traffic volumes for the 2040 future analysis timeframe. The use of General Plan buildout traffic for the preparation of a Caltrans approved traffic study is generally not a standard practice, however since the General Plan traffic study is less than 5 years old, it was agreed to use the buildout traffic volumes as the opening year traffic volumes within the report. w"Revise repart with new ana46E4. The report was revised and updated with the newly collected traffic counts and revised analysis. The revision of the report was additional effort due to the change in the City requested methodology. The new memo was circulated for approval hythe City and [altrano. Any remaining comment responses, that are viewed as typical and do not require entirely new counts or analysis, will be considered tobeincluded inthe original scope. Task 2.0 Revisions to the Noise Impact Analysis Report The Noise Impact Analysis Report had gone through aCity review cycle based onthe original traffic Proposal for Additional Services #3 Submitted to City of La Quinta Dune Palms Road — Bridge Project volumes, the Noise analysis will berevised based onthe updated traffic information. PBwill update the Noise Screening Checklist and Technical Memo assessing the project's potential effects on existing and future noise conditions, based on the revised existing and future traffic volumes noted in the revised Traffic Memo. The original project scope did include an Air Quality Report, however following the approval ofthe PIES, [akranxonly required anAir Quality Conformity Analysis. Therefore, the budget for the originally scope report was moved toprepare the Air Quality Conformity Analysis. Following the initial submittal ofthe Air Quality Conformity Analysis and after the Interagency Consultation (|A[) determined that the project was not a project of air quality concern (POAQC), Caltrans Air Quality staff requested the project prepare afull Air Quality Technical Report. PBwill prepare aDraft Air Quality Technical Report for the project. This will bedone inaccordance with the latest [altmnsguidelines, following the most recent version ofCaltrans' SERtemp|ates. The report will be consistent with the previously prepared Air Quality Conformity Report, and will include the ° Discussion offederal, state and local regulations ^~ • Discussion oflocal climate and geography • Compilation ofrecent monitored data for the project area • CO screening • PMHot Spot screening _ m MSATana|ysis w Conformity and Air Quality Management Plan Consistency • Naturally Occurring Asbestos • Construction analysis • Mitigation measures• Appendices containing CO Protocol flowcharts and TIP info The prior prepared Air Quality Conformity Analysis will be used in the development of the Air Quality Technical Report. Following addressing ofall City and [altr nscomments,P8wiUsubnnittheFina|/Vr Quality Report for approval by Caltrans. 2 I......I. CATE OF LIABILITY I DATE (MMIDDNYYY) 05/06/2016 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 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 endorsements . PRODUCER CONTACT Tina Jackson ►SAME _ . _._ .—:- AX Tina Jackson Insurance Services, Inc "°xlt 8059662500_fl 8055635328 3834 Pemm PI MAIL tine ttna`acksonins.com aDDa��� . � 1 _ ..,.M-.. Santa Barbara, CA 93110 INSUREM),,AFFORDING COVERAGE _.w ___ NAIC # INSURER A: Hanover Insurance CorppanIy INSURED:.....-____ .�r,. , .........� ._INSURER s_ U S Special. Insurance Company Bengal Engineering, Inc INsuRER C .The Hartford ..INSURER D _ ---------------------------- __ 250 Big Sur Drive iNsuRERe. Goleta CA 93117 INSURER F . COVERAGES CERTIFICATE NUMBER: 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. a� .rz INSR A33DL StISR' �y _ PDLICYEfI POLICYEXP LIMITS LTR TYPE OF INSURANCE .:.POLICY NUMBER DIYY , MM/DDIYYYY r A X I COMMERCIAL GENERAL LIABILITY Y Y OB3-A316654-00 06/15/1506115/16 EACH OCCURRENCE $ 2,000 000 .CLAIMS -MADE rX OCCUR Or'TraE't(iSd�31` 3OO 0OO _.._ .. _ _(3I yiA1SE$LE pG�ertar cal $ MED EXP (Any one person) $ 10,000 ... (. PERSONAL 8 ADV INJURY _ $ 1 ,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE '..$ 4,000,000 X POLICY PRO':;. ❑ LOC PRODUCTS - COMP/OP AGG $ 4,000,000 _. hECT DITHER $ A AUTOMOBILE LIABILITY AW3A50250500 12/12/15 12/12/16 E - 54GLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY (Per person) $ BODILY ALL OWNED SCHEDULED BODI f I LY INJURY (Per accident) $ X aAUTOS _ AUTOS NON -OWNED PROPERTY DAMAGE $ �' X HIRED AUTOS X AUTOS UMBRELLA LIAR 8 OCCUR EACH OCCURRENCE $ IE CLAIMS -MADE AGGREGATE $ EXCESS LIAR � DED ::RETENTION $ $ - C WORKERS COMPENSATION,� Y 72WECKZ2053 05/15/16 105/15/17 i x PER � �OTH- AND EMPLOYERS' LIABILITYIN. t ANY PROPRIETOR/PARTNERIEXECUTIVE EL FACH ACCIDENT $ 1,000 000 OFFICERIMEMBER EXCLUDED? N I AI 1 '(Mandatory in NH) EL DISEASE EA EMPLOYE $ 1,000,000 '.IF yes, describe under. _.,. ,.,, m DESCRIPTIONOFOPERATIONS below .. ! E:LrDISEASE-POLICY LIMIT $ 1,000,000 Professional Liability I USS1425181 [109/17/1 5�319/ $1,000,000 Per Occurrence I $2,000,000 Aggregate I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORO 101, Additional Remarks Schedule, may be altachcd if more space If, required) City of La Quinta, it's officer and employees are listed as additional insured in respects to general liability. Coverage is primary and non- contributory. The Dune Palms Road Low Water Crossing Replacement at the Coachella Valley Storm Water Channel, City Project No. 2011-05, Federal Project No. BRLKS-5433(014) "`10 days notice of cancellation of non-payment of premium" CERTIFICATE HOLDER CANCELLATION City of La Quinta SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn: Frank Spevacek THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Manager ACCORDANCE WITH THE POLICY PROVISIONS. 78-495 Calle Tampico AUTHORIZED REPRESENTATIVE -.- --. -_ - - La Quinta, CA 92253 m ® 1988-2014 ACORDCORPORATION. All rights reserved. ACORD 25 ( 1 /01) The ACORD name and logo are registered marks of ACORD 4tM125T ETHER INSURANCE - PRIMARY AND NON-CONTRIBUTORY (ADDITIONAL INSURED) ENDORSEMENT TWIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFILILLY I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I III I I I I I I I I I I I I I I I 111- •' a s The following is added to SECTION III - COMMON POLICY CONDITIONS: M. Other insurance 1. Additional Insureds If you agree in a written corl writt agreement or permit that the insuran provided to any person or organizati included as an Additional Insured und J SECTION 11 - LIABILITY, Part C - Who dis Insure, is primary and non -contributor the following applies: 'I If other valid and collectible insurance is available to the Additional Insured for a loss we cover under SECTION 11 - LIABILITY, Part A. Coverages, Paragraph 1., Business Liability our obligations are limited as follows: a. Primary Insurance This insurance is primary to other insurance that is available to the Additional Insured which covers the Additional Insured as a Named Insured ' We will not seek contribution from any other insurance available to the Additional Insured except: (1) For the sole negligence of the Additional Insured-, (2) When the Additional Insured is an Additional Insured under another primary liaty policy; or (3) When b.(2) below applies. If this insurance is primary our obligations are not affected unle�s any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in b.(3) below. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (b) That is Fire insurance for premises rented to the Additional Insured or temporarily occupied by the Additional Insured with permission of the owner; (c) That is insurance purchased by the Additional Insured to cover the Additional Insured's liability as a tenant for "property damage" to premises rented to the Additional Insured or temporarily occupied by the Additional Insured with permission of the owner,or (d) If the loss arises out of the maintenance or use of aircraft, .1 autos" or watercraft to the extent not subject to Exclusion g. of SECTION 11 - LIABILITY, Part A. Coverages, 1. Business Liability. When this insurance is excess, we will have no duty under SECTION 11 - LIABILITY, Part A. Coverages, 1. Business Liability to defend the insured zgainst any "suit" if any other insurer has a duty to defend the insured against that "suit", If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights 2gainst all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (2) The total amount that all such other insurance would pay for the loss in the absence of this insurance-, an (3) The total of all deductible and self -insured amounts under all that other insurance� (a) That is Fire, Extended Coverage, We will share the remaining loss, if any, Builder's Risk, Installation Risk with any other insurance that is not or similar coverage for "your work"; 391-133106 09 Includes copyrighted material of Insurance Services Offices, Inc, with its permission Page 1 of 2 described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits, Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 391-133106 09 Includes copyrighted material of Insurance Services Offices, Inc with its permission Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA PolicyNumber: 72 WEC KZ2053 ns orse ent umber: EffectiveDate: 05/15/16 Effective hour is the same as stated on the Information Page of the policy Named Insured and Address: BENGAL ENGINEERING, INC 513 STANLEY DR SANTA BARBARA, CA 93105 We have the right to recover our payments from anyone liable for an injury covered by this policy, We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall premium otherwise due on such remuneration. i ANY PERSON OR. OR.GANTZATTON FROM WHOM YOU ARE REQ13TRE-) BY WRITTFN CONTRACT OR AGREEMENT TO OBTATN THIS WAIVER OF' F\IGHTS F`,ROM US. ROMT479M 2 OYD of the California workers' compensation AS RFQUTRFT) BY WRTTTEN CONTRACT. Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 0 3 / 2 6 / -1 6 Policy Expiration Date: 05/ 15/17 4 H"awnover )nsurance Group_ OB3 A316654 1001257 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON ORORGANIZATION This endorsement modifies insurance provided under the following; BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): CITY OF LA QUINTA, IT'S OFFICERS AND EMPLOYEES Information reuired tocomplete -this Schedule, if not shown above, will be shown in the Declarations. The • is .•ded to Paragraph C. Who is An Insured in Section 11 - Liability: 3. Any person(s) or organization(s) shown in the Schedule is also an additional insured, • • with •' to liability for ••d injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those • •n your •- in t e performance • • ongoing operations or in connection with your premises owned by or rented to you, BP 04 48 01 06 Copyright, ISO Properties, Inc., 2004 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE* Name Of Person Or Organization: CITY OF LA QUINTA, IT'S OFFICERS AND EMPLOYEES information required to complete this Schedule, if not shown On this endorsement, will be shown in the Feclarations. — - — -------- — ------- Paragraph K. Transfer Of Rights Of Recovery Against Others To Us in Section III - Common Pol- icy Conditions is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing op- erations or "your Work" done under a contract with that person or organization and included in the "prod ucts-com pleted operations hazard". This waiver applies only to the person or organization stown in the Schedule above. BP 04 97 07 02 Copyright� ISO Properties, Inc.j 2001 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON ORORGANIZATION This endorsement modifies insurance provided under the following.- Narne Of Additional Insured Person(s) Or Organization(s): CITY OF LA QUINTA, IT'S OFFICERS AND EMPLOYEES Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph C.Who haAn Insured in Section H -Uabi|by: 3. Any person(s)organization(s) shown in the Schedule is also an additional insuned, but only with respect to liability for "bodily injury", � "property damage" or "personal and advertising injury^uaused. inwhole orin part, by your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations or in connection with your premises owned byorrented to you. BP 04 48 01 06 Copyright, ISO Properties, Inc_ 2004 Page I of 1 Name Of Person Or Organization: CITY OF LA QUINTA, IT'S OFFICERS AND EMPLOYEJ * Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Paragraph K. Transfer Of Rights Of Recovery Against Others To Us in Section III - Common Pol- icy Conditions is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing op- erations or "your work" done under a contract with that person or organization and included in the "prod ucts-com pleted operations hazard". This waiver applies only to the person or organization shown in the Schedule above. BP 04 97 07 02 Copyright, ISO Properties, Inc,, 2001 Page 1 of 1 TO: Frank J. Spevocek, City Manager FROM: Amothy� ���O��� � [��ecto7 �»� ` '-^�v"���w+/, /� ... ��cv��u�/'/�/+� May 19,7016 RE: Professional Services Agreement Amendment No. 3 with Bengal Engineering, Inc., for services related to the Dune Palms Road Low Water Crossing Replacement at Coachella Valley Storm Water Channel Project No. 2011-05 Attached for your signature is the agreement with Bengal Engineering, Inc., for the services referenced above. Contract payments will becharged Uzaccount number: ' X Amount o{Agreement, Amendment, Change Order, etc: AMENDMENT NO. 3-$31,G78FOR ADDITIONAL SERVICES �.. AConflict ofInterest Fbrm70UStotennencofEcmnnmhclnteresLsfmm[unsuttont(s)isotbzrhedvvith � ____noreportable interests inLQ orreportable interests � X AConflict ofInterest Fonn7O0SdrbementofEconomhclnterestsisnmtrequinedbecomsethis[onsukont �| does not meet the definition inFPP[regulation l87U2(2). Approved by the City Council on (date) X City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures l o[$5D,00Ourless — Initial to certify that 3 written informal bids or proposals were received and considered in selection The faitlowing X Insurance certificates as required by the agreement (approved by Risk Manager on date) N/A Performance bonds as required by the agreement (originals) X City of La Quinto Business License No. LIC-0002150 Expires: 06/30/16 N/A Purchase Order number