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2016-18 Bengal Engineering Amendment 5 - Dune Palms Bridge Project 2011-05MEMORANDUM TO: Frank J. Spevacek, City Manager lF FROM: Timothy R. Jonasson, Design and Development Director DATE: July 6, 2016 Y RE: Professional Services Agreement Amendment No. 4 and 5, 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. Please sign the attached agreement(s) 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: 401-0000-60185 PROJECT 111205-D X Amount of Agreement, Amendment, Change Order, etc.: AMENDMENT NO.4 - $16,100 FOR ADDITIONAL SERVICES AMENDMENT NO.5 - $19,900 FOR ADDITIONAL SERVICES A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with no reportable interests in LQ or reportable interests X 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: X Approved by the City Council on 07/05/16 City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of $50,000 or less 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 07/06/16: Approved by Pam Nieto N/A Performance bonds as required by the agreement (originals) X City of La Quinta Business License No. LIC-0002150 Expires: 06/30/17 AMENDMENT NO. 5 TO PROFESSIONAL SERVICES AGREEMENT WITH BENGAL ENGINEERING, Inc. This Amendment No. 5 to Professional Services Agreement with Bengal Engineering ("Amendment No. 5") is made and entered into as of the 9t" day of June, 2016 ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and Bengal Engineering, Inc., a California corporation ("Consultant"). RECITALS WHEREAS, on or about July 1, 2014, the City and Consultant entered into a Professional Services Agreement to provide those services related to the Dune Palms Road, Low Water Crossing Replacement at the Coachella Valley Storm Water Channel, Project No. 2011-05, Federal Project No. BRLKS-5433(014), as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference services for the City. The term of the Agreement expires on July 31, 2018; and WHEREAS, changes are indicated to the Contract Sum in the Professional Services Agreement; and WHEREAS, the City is utilizing Consultant to provide additional hydrology and hydraulic study required by the Coachella Valley Water District (CVWD; 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: Section 1.0 is amended to read as follows: Section 1.1 — Scope of Services. For the services rendered pursuant to this Agreement for Fiscal Year 2015/2016, Consultant shall provide additional services outlined in Exhibit "A" attached hereto and made apart hereof. 2. Exhibit A — Scope of Services is amended as attached in Exhibit A. 3. Exhibit B — Deliverables and Budget is amended as attached in Exhibit B. 4. Exhibit C — Schedule of Performance, is hereby not affected by this Agreement Amendment In all other respects, the Original Agreement shall remain in effect. Rev.2-5-14 IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No. 5 to the Professional Services Agreement on the respective dates set forth below. CITY OF LA QUINTA a California municipal corporation Digitally signed by Frank J. Spevacek DN: seria I N u tuber=g8z17znOv50w4d 3x, c=US, st=California, I=La Quinta, o=Frank J. Spevacek, cn=Frank J. Spevacek Date: 2016.07.12 17:03:10-07'00' Dated: Frank J. Spevacek, City Manager ATTEST: Digitally signed by Susan Maysels ] „ DN: serialNumber=j4r7111g1 ppsr45f, c=US, st=California, usQuints, o=Susan Maysels, cn=Susan Maysels Date: 2016.07.13 08:27:31-07'00' Susan Maysels, City Clerk APPROVED AS TO FORM: William H. Ihrke, City Attorney CONSULTANT: Bengal Engineering, Inc. California Corporation By: Name:Scott Onishuk. P.E Title: Principal in Charge Rev.2-5-14 DCHI BIT "A" - Scope of Services y t ° ENCAL] 28 April, 2016 Tim Jonasson, P.E., Public Works Director/City Engineer City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 RE: Proposal for Hydraulic and Hydraulic Engineering: Coachella Valley Water Channel As part of Bengal's contract to design the Dune Palms Road Bridge, Bengal prepared a Hydrology and Hydraulic Study in accordance with the protocol for federally -funded Highway Bridge Projects. This study was reviewed by Caltrans, the agency responsible for project oversight, and found to be adequate for the bridge project. However because the project will be constructed within the Coachella Valley Water District (CVWD) channel, CVWD approval is also required to build the bridge. As part of this process, CVWD requested Bengal's Hydrology and Hydraulic study for their own review. CVWD's review has generated a request for the City to undertake additional study of the Coachella Valley Stormwater Channel. This study would further evaluate the effect of the removal of the Dune Palm Low -Water Crossing for CVWD's interest. Because such study is outside the scope of work for the bridge project, this proposal has been submitted as requested by the City, to undertake work requested by CVWD. Bengal Engineering, Inc. (805) 563-0788 Page 1 250 Big Sur Dr. Goleta, CA 93117 Proposal for Hydraulic and Hydraulic Engineering : Coachella Valley Water Channel 28 April, 2016 Scope of Services, "Exhibit A": Task 1 Exhibit of Expected Channel Profile in the CVWD Channel: Jefferson to Washington Street Grade Control Structures As part of their review process, CVWD has requested evaluation of the expected channel profile for the reach from the Jefferson Street to Washington Street grade control structures and compare to the existing channel profile. The design team will per perform the following tasks: Deliverables: Review of existing record drawings provided by CVWD to determine the configuration of the existing concrete channel lining within the reach. + Engineering Analysis: Review of hydraulic model: develop finished grades within reach • Develop Exhibits: Create Plan and profile of the CVWD Storm Water Channel for the condition after the Dune Palms low-water crossing is removed. Exhibits will be prepared which show: ■ the elevation of the existing channel grades the elevation of the bottom of the existing concrete channel lining the expected channel grades with the Dune Palms low-water crossing removed and the new bridge in place • Interaction with CVWD: Discussion with CVWD to discuss the exhibits. Bengal Engineering, Inc. Page 2 Proposal for Hydraulic and Hydraulic Engineering : Coachella Valley Water Channel 28 April, 2016 COMPENSATION City agrees to compensate Consultant for services as follows: Services Task # Description Fee 1 Exhibit of Expected Channel Profile in the CVWD Channel $19,900 Total Contract Amount $19,900 We look forward to hearing from you, s�GGM'r Scott Onishuk, PE Bengal Engineering, Inc. Page 3 Exhibit B With the exception of compensation, Additional Services provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Consultant under this Agreement in Fiscal Year 2015/2016 is Nineteen Thousand, Nine_ Hundred Dollars ($19,900.00) ("Contract Sum"). The Contract Sum shall be paid to Consultant Bengal Engineering in conformance with Section 2.4 of the Agreement. The following represents the revised contract total of One Million. Two Hundred Fifty Thousand, Twent►I Six Dollars ($1,250,026.00) after the consideration of Amendments 1 through 5. Previous Contract Amount through Contract Amendment No. -4- Add this Amendment Revised Contract Total Rev.2-5-14 $ 1,230,126.00 $ 19,900.00 $ 1,250,026.00 Estimate of Hydraulics Hrs to Prepare Exhibits for the Expected Channel Profile from Jefferson to Washington GCS Project No.: 2011-05 Title: CVWD Channel Exhibit i Client: City of La Quinta Prepared by: MD Date: April 28, 2016 Billing Type: T&M Bengal Engineering 250 Big Sur Drive Goleta, CA 93117 (805) 563-0788 Item Descriptions HOURS LABOR COST SPEC PROJECT Bridge /Hyd STRUCT CIVIL TECH/ CONSULT. MANAGER ENG Design ENG 'DRAFTER IGEOTECH I ENG ENG I CLERICAL EOLOGIST TOTAL HOURS 1. Exhibits of Expected Channel Profile from Jefferson to Washington St Grade Control Structures Review of existing channel bank lining (CVWD provides dwgs) 4 16 1 20 -! 10 50 6550 Engineeringanalysis4_ 12 _ 16 2400 Develop exhibits 4 8 10 30 + 52 34 5850 5100 Interaction with CVWDt figure ___(budge__ --� �_ . _ _- — - ---ii 16 10 — 8 —� — — -- —_ l I I I V Effort shown assumes no additional hydraulic modeling is required. TOTALS - 28 46 - f 38 1 30 1 - - 10 1 - - - - 152 19900 Classification Rate/Hr. Expenses Units Unit Cost Billing Reimbursables Consultant SpECIa['L;onsunant 175.00 ...,.,....,............ Factor ..............._....._...._..._.........................................»....»...........».».»...»...».»..,..»;..:_,-��.-....._....-:_........................ ».»....».....»....»......»...,......».......... Project Manager 150.00 ...,».»,«....,......».».....-..........._....,.....»,-..,,,...-,...,........................_........-........... 1.15 Bridge / Hyd. Engineer 150.00 1.15 Senior Engineer 150.00 1.15 Structural Design 150.00 1.15 Civil Engineer 150.00 1.15 Engineering Geologist 150.00 _ 1.15 Drafter/Technician 85.00 1.15 Geotech Engr 150.00 1.15 Eng. Geologist 150,00 Copies / Plots -Budget 1.15 Clerical 55.00 1.15 Mail -Budget 1.15 Average Rate: 130.92 - Grand Total = $19,900.001 CONSENT CALENDAR: 13 City of La Qu i nta CITY COUNCIL MEETING: July 5, 2016 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENTS 4 AND 5 TO BENGAL ENGINEERING, INC.'S PROFESSIONAL SERVICES AGREEMENT ASSOCIATED WITH THE DUNE PALMS ROAD BRIDGE IMPROVEMENT RECOMMENDATION Approve Amendments 4 and 5 to Bengal Engineering, Inc.'s Professional Services Agreement associated with the Dune Palms Road Bridge Improvement. EXECUTIVE SUMMARY • The City's professional services agreement (PSA) requires compensation for additional services that exceed five percent of the total contract amount be approved by the City Council. • The addition of Amendments 4 and 5 (Attachments 1 and 2) exceed the five percent limit for a total increase (Amendments 1 through 5) of $73,245 or 6.2 percent above the original contract sum. • Amendment No. 4 ($16,100) authorizes the design consultant to develop three grade control structure alternatives. Amendment No. 5 ($19,900) authorizes them to provide additional hydraulic information on the Coachella Valley Stormwater Channel. Both items are needed to respond to comments received by Coachella Valley Water District (CVWD) on the Bridge Hydrology Report. FISCAL IMPACT The original design contract was $1,176,781. Amendments 1 through 5 increase the contract amount by $73,245 for a new all -in contract cost of $1,250,026. Adequate funding is available for the requested amendments. The following is the approved project budget: Professional: $250,000 Design: $1,500,000 Inspection/Testing/Survey: $1,630,000 Construction: $12,000,000 Right of Way Acquisition: $545,000 Contingency: $1,585,000 Total Budget: $17,510,000 The Dune Palms Road Bridge Project has an approved budget of $17,510,000. The project is partially funded with Federal Surface Transportation Funds through the State's Highway Bridge Program. Federal funds will provide 88.53 percent (up to $15,501,603) of the total project costs. The Coachella Valley Association of Governments will fund 75 percent of the remaining 11.47 percent local share (up to $1,506,750). The City is responsible for the remaining 25 percent of the local share in the amount of $502,250. BACKGROUND/ANALYSIS In June 2014, the City Council approved a design contract with Bengal Engineering to provide professional engineering services to design an all weather bridge and replace the Dune Palms Road low water crossing at the Whitewater Channel (Attachment 3). The project is currently in the environmental and permitting phase. Bengal Engineering prepared a hydrology study describing the impacts to the Coachella Valley Stormwater Channel when the low water crossing is replaced with an all weather bridge. CVWD reviewed the hydrology study and submitted comments. Contract Amendments 4 and 5 allow Bengal Engineering to perform the work necessary to address CVWD's comments. ALTERNATIVES Since a CVWD encroachment permit will be required and the proposed bridge spans CVWD's right of way, no alternative is recommended. Prepared by: Ed Wimmer, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachments: 1. Bengal Engineering PSA Amendment No. 4 2. Bengal Engineering PSA Amendment No. 5 3. Vicinity Map 0 DATE (MMIODNYYY) CERTIFICATE OF LIABILITY INSURANCE 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 NAME CONCT Tina Jackson Tina Jackson Insurance Services, Inc PKONE 8059662500 FAX 8055635328 WC. No, Ext): (wC, ko]: 3834 Pemm PI ADORE": tlna@tinajacksonins.com Santa Barbara, CA 93110 INSURER(S) AFFORDING COVERAGE NAIC II INSURFRA: Hanover Insurance Company INSURED INSURERB: U.S. Specialty Insurance Company Bengal Engineering, Inc INSURER C : The Hartford INSURER D : 250 Big .Sur Drive INSURER E : Goleta CA 93117 INSURER F : rnvcoercc f-rQTIGlr`eTW 1U1IeAIAI:0- 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. INOR TYPE OF INSURANCE ADDLISUORI POLICYEFF i POLICY EXP LTR WVDi POLICY NUMBER MMIDD YYY ! D LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y OB3-A316654-00 06115115 06/15/16 EACH OCCURRENCE $ 2,000,000 cAa1AGETaR�NT�6 $ 300,000 CLAIMS -MADE X � OCCUR I PRI�MI�S..tEIsoG.0,11([encel - M_ED_EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 r�.� ' GENT,. G_"GAIE LIMIT APPLIES PER: GENERALAGGREGATE $ 4,000,000 X POLIO' �I Ci :� LOC PRODUCTS - COMPIOP AGG _ --.__ _ - _$_ 4,000,000 is OT11EI A AUTOMoBILELIABILITY AW3A50250500 12/12/15 1 1202/16 COMBINED SINGLE LIMIT is 1,000,000 _ ANY AUTO i BODILY INJURY (Per person) $ ALL OWNED SCHEDULED X BODILY INJURY (Per accident) $ __.. AUTOS AUTOS NON -OWNED I PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS, $ UMBRELLA UAB OCCUR EACH OCCURRENCE 1 $ EXCE+SSLIjAB : �;1pIp,V;.t�A,�.p, AGGREGATE $ j1 DER 9 P RETENTION 9 _ _- $OT- C WORKERS COMPENSATION - Y 72WECKZ2053 05/15/16 05/15/17 X. STATUTE ERH AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN Nj E.L. EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? L1 (Mandatory In NH) NIA! El DISEASE _EA EMPLOYEEI $ 1,000,000 IF yes, describe under OF OPERATIONS below E L DISEASE -POLICY LIMIT ' $ 1,000,000DESCRIPTION B Professional Liability USS1425181 09/17/109/17/16 $1,000,000 Per Occurrence j $2,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional noppurks Schedule, may be atuchod If more nyacu cu roqulred, 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 ManagerACCORDANCE WITH THE POLICY PROVISIONS. 78-495 CTampico 1 ampico AUTHORIZED REPRESENTATIVE La Quinta, CA 92253 , © 1968-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Hanover lttsuranea i ,roup_ OB3 A316654 1001257 OTHER INSURANCE - PRIMARY AND NON-CONTRIBUTORY (ADDITIONAL INSURED) ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The following is added to SECTION III -COMMON POLICY CONDITIONS: M. Other Insurance 1. Additional Insureds If you agree in a written contract, written agreement or permit that the insurance provided to any person or organization included as an Additional Insured under SECTION II - LIABILITY, Part C - Who is An Insured, is primary and non-contributory, the following applies: If other valid and collectible insurance is available to the Additional Insured for a loss we cover under SECTION II - 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 liability policy; or (3) When b.(2) below applies. If this insurance is primary, our obligations are not affected unless 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: (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, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION II - LIABILITY, Part A. Coverages, 1. Business Liability. When this insurance is excess, we will have no duty under SECTION II - LIABILITY, Part A. Coverages, 1. Business Liability to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (2) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (1) Any of the other insurance, whether (3) The total of all deductible and primary, excess, contingent or on self -insured amounts under all that any other basis: 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"; 391-1331 06 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. 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. 391-1331 06 09 includes copyrighted material or insurance Services Offices: Inc wrath its permission Pape 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 72 WEC Rz2053 Endorsement Number: Effective Date: 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 be premium otherwise due on such remuneration. Person or Organization ANY PERSON OR �-)R-!;ANT,7ATION FROM GvHCM YOU ARF REQUTRE- BY WRITTEN "ONTRACT 01), AGR7 :�9FNT TO OBTAIN THIS WAVER DOE RICH[':; h'kONI US. SCHEDULE 2 % of the California workers' compensation Job Description AS REQUIRFD BY WRITTEN 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: 0 5/ 15 / t 7 �,42,-WN H+ar#i314► r Insrrrance Group.. OB3 A316654 1001257 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION 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 required to complete this Schedule, if not shown above, will be shown in the Declarations, The following is added to Paragraph C. Who Is An Insured in Section II - Liability: 3. Any person(s) or organization(s) shown in the Schedule is also an additional insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations or in connection with your premises owned by or rented to you. BP 04 48 01 06 Copyright, ISO Properties, Inc , 2004 Par 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 Declarations. 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 "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. BP"97 0702 Copyright, ISO Properties, Inc_, 2001 Page 1 of 1 Hangwr Insurance Group. 083 A31 t654 1001257 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): CITY OF LA OUINTA, ITS 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 Is An Insured in Section II - Liability: 3. Any person(s) or organization(s) shown in the Schedule is also an additional insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations or in connection with your premises owned by or rented to you. 8P"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 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 "products -completed 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