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2016-18 Bengal Engineering Amendment 6 - Dune Palms Bridge Project 2011-05
_W10i 1 1 r I MEMORANDUM TO: Frank J. Spevacek, City Manager FROM: Amothy R. Jonasson, Design and Development Director/City Engineer DATE: October 25, 2016 RE: Amendment No. 6 to a Professional Services Agreement with Bengal Engineering, Inc. for an Extended Phase 1 Work Plan of the Dune Palms Road Low Water Crossing. Attached for your review and signature is a PSA between Bengal Engineering, Inc. and the City of La Quinta for the services referenced above. Reviews and signatures are being conducted electronically via the TRAKiT system. Please provide your electronic signature and advise the City Clerk once you have done so. The City Clerk will continue with full execution and final distribution of the PSA. Requesting departmgnt 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.6 - $9,583 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 p9reement is based upon: X Approved by the City Council on _October 18, 2016_ (date) 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 foilowing required documents are attached to the agreement: X Insurance certificates as required by the agreement 10/25/16: Approved by Pam Nieto N/A Performance bonds as required by the agreement (originals) x City of La Quinta Business License No. LIC-0100872 ; Expires: 6/30/17 copy or note number and expiration date above AMENDMENT NO. 6 TO PROFESSIONAL SERVICES AGREEMENT WITH BENGAL ENGINEERING, Inc. This Amendment No. 6 to Professional Services Agreement with Bengal Engineering ("Amendment No. 6") is made and entered into as of the 18" day of October, 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. 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: 1. Section 1.0 is amended to read as follows: Section 1.1 — Scope of Services. For the services rendered pursuant to this Agreement, Consultant shall provide additional services outlined in Exhibit "A" attached hereto and made apart hereof. 2. Exhibit A — Scope of Services is amended to include the additional environmental services outline with Exhibit A, attached and made a part hereof. 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. 1 to the Professional Services Agreement on the respective dates set forth below. CITY OF LA QUINTA a California municipal corporation I Digitally signed by Frank J. Spevacek DN: serialNumber=g8z17znOv50w4d3x, r—US, st=California, I=La Quinta, o=Frank J. Spevacek, cn=Frank J. Spevacek Date: 2016.10.27 08:59:44-0700' Frank J. Spevacek, City Manager Dated: ATTEST: Digitally signed by Susan Maysels DN: serial Number=j4r7llIg1 ppsr45f, c=US, st=California, I=La Quinta, o=Susan Maysels, cn=Susan Maysels Date: 2016.10.27 09:10:02-07'00' Susan Maysels, City Clerk APPROVED AS TO FORM: William H. Ihrke, City Attorney CONSULTANT: Bengal Engineering, Inc. California Corporation By: S. Name:Scott Onishuk, P.E. Title: Principal in Charge Rev.2-5-14 i0:4:I1-.10 Scope of Services i .. ENGAL 3 September 30, 2016 Ed Wimmer, PE City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 RE: Dune Palms Dune Palms Low Water Crossing Replacement Project Federal Project No. BLRKS — 5433 (014) Proposal for Additional Work Request #6: Preparation of the Proposed Extended Phase I (Archeological) Work Plan Report Dear Mr. Wimmer, Bengal Engineering is submitting our request for additional services and fee for the Dune Palms Bridge project. This proposed AWR encompasses the creation of an Extended Phase 1 Work Plan (XPI) as requested by Caltrans in their memorandum (Gabrielle Duff to Aaron Burton), dated September 23, 2016. Sincerely, Scott Onishuk, PE Director Bengal Engineering 250 Big Sur Dr. Goleta, CA 93117 (805) 563-0788 website: Bengal Engineering.com Scoft@BengalEngineering.com 48 Proposal for Additional Services '. AWR #6 Prep. Of Extended Phase 1 Work Plan Dune Palms Low Water Crossing Replacement BLRKS-5433 (014) y,k September 30, 2016 Additional Sco a of Services "Exhibit A": Task 1. Project Management Project Management includes: preparation of invoices and supervision of team and deliverables to ensure conformance with Caltrans standards and policies. This task includes the review and coordination of the XPI Work Plan Report. Task 2. XPI Work Plan Report Note: this scope and budget assumes only the required proposal qualitative analysis and that no field work will be required. WSP/ Parsons Brinkerhoff and ECORP will prepare the XPI Work Plan including the following components: ♦ Purpose/requirements for the XPI Study ♦ Goals of the investigation e Site context ♦ Scope: field methods and personnel ♦ Decision thresholds to assess when goals have been met ♦ Timetable - schedule ♦ Native American coordination ♦ Curation Plan for the permanent curation of recovered artifacts at an approved facility ♦ Permits The report format will follow Exhibit 5.2 of the Caltrans SER Handbook Vol. 2. The draft work plan will be submitted to the Caltrans Archaeologist for review and comment. It is assumed there will be one round of review. All drafts and final copies will be sent hard copy (2 copies) & one electronically (CD). Schedule The XPI work plan can be completed 3 weeks after notice to proceed. Page 2 49 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 is Nine Thousand, Five Hundred Eighty -Three Dollars ($9,583.00) ("Contract Sum"). The Contract Sum shall be paid to Consultant in conformance with Section 2.4 of the Agreement. The following represents the revised contract total of One Million, Two Hundred Fifty Nine Thousand, Six Hundred Nine Dollars ($1,259,609.00) after the consideration of Amendments 1 through 6. Previous Contract Amount through Contract Amendment No. -5- $ 1,250,026.00 Add this Amendment $ 9,583.00 Revised Contract Total $ 1,259,609.00 Rev.2-5-14 50 Proposal for Additional Services AWR #6 Prep. Of Extended Phase 1 Work Plan Dune Palms Low Water Crossing Replacement BLRKS-5433 (014) September 30, 2016 Proposed AWR Fee Title Level of Effort Pro'ect Manager ECORP Consultin 8 hours $1,640 Pro'ect Mana er WSP I Parsons Brinckerho 4 hours 410 Pro'ect Manager He to on Seven 3 hours 450 Project Manager (Bengal) 8 hours $1,200 Task Manager 4 hours 568 Princi al Investigator 15 hours $1,680 Archeolo ist 29 hours $2.465 GIS Analyst 5 hours 395 Clerical 3 hours 165 Reproduction / Reimbursable 200 Total 1 79 hours $9,583 Page 3 51 City of La Qu i nta CITY COUNCIL MEETING: October 18, 2016 STAFF REPORT CONSENT CALENDAR ITEM NO. 5 AGENDA TITLE: APPROVE AMENDMENT NO. 6 TO BENGAL ENGINEERING INC. PROFESSIONAL SERVICES AGREEMENT FOR THE DUNE PALMS ROAD BRIDGE IMPROVEMENT PROJECT RECOMMENDATION Approve Amendment 6 to Bengal Engineering Inc. Professional Services Agreement associated with the Dune Palms Road Bridge Improvement project in the amount of $9,583. EXECUTIVE SUMMARY • The professional services agreement (PSA) requires that compensation for additional services exceeding five percent of the total contract sum be approved by Council. The combined value of Amendments 1 through 6 is $82,828 or seven percent of the original contract sum. • Amendment 6 (Attachment 1) authorizes Bengal Engineering Inc., to develop a work plan for $9,583 for the "Extended Phase 1 Archeological Report," which is required by the California Department of Transportation (Caltrans) in order to secure federal environmental approval. FISCAL IMPACT The Dune Palms Road Bridge Project has an approved budget of $17,510,000 comprised of Federal Surface Transportation Funds through the State's Highway Bridge Program ($15,501,603), Coachella Valley Association of Governments Regional Arterial Program funds ($1,506,750), and City funds ($502,250). 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 43 Funding for design including the first five amendments totals $1,250,026. Adequate funds are available for Amendment 6. rsICKGROUND/ANALYSIS The proposed improvements will replace the existing low water crossing with a four lane all-weather access bridge on Dune Palms Road at the Coachella Valley Storm Water Channel (Project No. 2011-05). This federally funded project is currently in the environmental and permitting phase and is subject to the requirements of the National Environmental Protection Act (NEPA). The Archaeological Survey Report identified cultural artifacts on the vacant land located on the southeast corner of the proposed bridge improvement (Attachment 2). Considering this finding, Caltrans requires an Extended Phase I Archaeological Report be prepared. The first step is to establish a work plan for archaeological field work that is acceptable to Caltrans staff. Staff will bring back an additional amendment for Council consideration once the scope of the "Extended Phase I Archaeological Report" field work is agreed upon with Caltrans staff. ALTERNATIVES No alternative is recommended since this work is required to secure federal environmental clearance for the project. Prepared by: Ed Wimmer, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Public Works Director/City Engineer Attachments: 1. Bengal Engineering PSA - Amendment No. 6 2. Vicinity Map 44 ATTACHMENT 2 f MILES AVI- N.T.S. Dune Palms Bridge Vicinity Map Ei:yrii■i■i■ G #Ri.P. ir ■i. 'rTi 1"i1T 1 p11111 ■, i 1 11.1Fl. ■■1JA El uamiAll ■ !■uu .• NE n r.i - 1:11a711416:411i r 11:1111:Iiri ■w ■o 4 . ■ II .. 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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 NCONAME:TACT Tina Jackson _ Tina Jackson Insurance Services, Inc PH y .�XI?; 8059662500 4 T� FA ,a,}: 8055635328 MVI3834 Pemm PI ADaA' : tina@tinajack8onins.com Santa Barbara, CA 93110 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Hanover Insurance Company____ _ INSURED INSURERB: U.S. Specialty Insurance Company Bengal Engineering, Inc INSURERC: The Hartford 250 Big Sur Drive [INSURER E: Goleta CA 93117 rnVFRAnFS rFRTIFIrATF NIIMRFR• REVISION NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 'Af)OlISU9R' MM/DPOLICYEFF I POLICYEXP LTR TYPE OF INSURANCE ! POLICY NUMBER ./ ,EY MMIDDIYYYY LIMITS A ' X COMMERCIAL GENERAL LIABILITY Y Y 0133-A316654-00 06/15/16 06/15/17 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE X OCCUR -DAMME TO R1 NTE(? —_ 300,000 P SES_(Fa.Qccurr�M:81_ $ MED EXP Any oneperson) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 ._ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 NPOLICYFI 39CT LOC PRODUCTS - COMP/OP AGG $ 4,000,000 OTHER: $ A AUTOMOBILE LIABILITY AW3A50250500 12/12/15 12/12/16 COMBINED SINGLE LIWT $ 1,000,000 Ea accident, ANY AUTO BODILY INJURY (Per person) $ �! OWNED AUTOS ONLY X SCHEDULED AUTOS BODILY INJURY (Per accident) $ _. ,_. _X HIRED NON -OWNED X X IF PE f TY0A1v614G $ AUTOS ONLY AUTOS ONLY Per eGC1I UMBRELLA LIAB OCCUR EACH OCCURRENCE $ I EXCESS LIAB CLAIMS -MADE AGGREGATE $ DID RETENTION $ $ C 'WORKERS COMPENSATION Y 72WECKZ2053 05/15/16 05/15/17 TH- X STATUTE FJZ AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? ❑ •(Mandatory in NH) NIA --- ------ E.L. DISEASE - EA EMPLOYEE' $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E L. DISEASE - POLICY LIMIT $ 1,000,000 B Professional Liability USS1425181 09/17/1 109/17/1 $1,000,000 Per Occurrence ' $2,000,000 Aggfegate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is 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*" rPRTIC1rATF lanl nFR rANrFI I ATInN City of La Quinta Attn: Frank Spevacek SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Manager ACCORDANCE WITH THE POLICY PROVISIONS. T r� 78-495 Calle Tampico AUTHORIZED REPRESENTATIVE La Quinta, CA 92253 �. © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 4rrw HAn ver 111srrCInre GFOILtp. OB3 A316654 1 Q} 1257 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 (b) That is Fire insurance for 1. Additional Insureds premises rented to the Additional Insured or If you agree in a written contract, written temporarily occupied by the agreement or permit that the insurance Additional Insured with provided to any person or organization permission of the owner; included as an Additional Insured under SECTION II - LIABILITY, Part C - Who is An (c) That is insurance purchased by Insured, is primary and non-contributory, the Additional Insured to cover the following applies: the Additional Insured's liability as a tenant for "property If other valid and collectible insurance is damage" to premises rented to available to the Additional Insured for a loss the Additional Insured or we cover under SECTION II - LIABILITY, temporarily occupied by the Part A. Coverages, Paragraph 1., Business Additional Insured with Liability our obligations are limited as permission of the owner; or. follows: (d) If the loss arises out of the a. Primary Insurance maintenance or use of aircraft, This insurance is primary to other "autos" or watercraft to the insurance that is available to the extent not subject to Exclusion g. Additional Insured which covers the of SECTION II - LIABILITY, Part Additional Insured as a Named Insured. A. Coverages, 1. Business We will not seek contribution from any Liability. other insurance available to the When this insurance is excess, we will Additional Insured except: have no duty under SECTION II - (1) For the sole negligence of the LIABILITY, Part A. Coverages, 1. Additional Insured; Business Liability to defend the insured (2) When the Additional Insured is an against any "suit" if any other insurer Additional Insured under another has a duty to defend the insured against primary liability policy; or that "suit" If no other insurer defends, we will undertake to do so, but we will (3) When b.(2) below applies. be entitled to the insured's rights If this insurance is primary, our against all those other insurers. obligations are not affected unless any When this insurance is excess over of the other insurance is also primary. other insurance, we will pay only our Then, we will share with all that other share of the amount of the loss, if any, insurance by the method described in that exceeds the sum of: b.(3) below. (2) The total amount that all such other b. Excess insurance insurance would pay for the loss in This insurance is excess over: 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 permiss on 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. 391.1331 06 09 Includes copyrighted material of Insurance Services Offices. Inc with 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: 12 WEC xz2053 Endorsement Number: Effective Date: 05 / 15 / t 6 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 2 % of the California workers' compensation premium otherwise due on such remuneration. Person or Organization SCHEDULE Countersigned by Form WC 04 03 06 (1) Printed in U,S.A Process Date: I> i/ 2 6/ 1 6 Job Description )II Pn BY WRITTEN Authorized Representative Policy Expiration Date: 05 / t 5/ 17 " Hic71'tQ111 r Insurance C:rnuP,. 01.13 A316664 IOD1257 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 Nance Of Additional Insured Person(s) Or Organizationlaj: 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 Paige 1 of 11 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 I" 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. OP"97 0702 Copyright, ISO Properties, Inc.. 2001 Page 1 of 1 41"Hnicr er Insiminc C.l i>ill) 0133 A316 Y9 100112157 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 Or anization(s): CITY OF LA QUINTA, 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 If - 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. SP 04 48 01 06 Copyright, ISO Properties, Inc, 2004 Pop 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. BP04970T02 Copyright, ISO Properties, Inc , 2001 Page 1 of 1