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2017-18 Bengal Engineering Amendment 7 - Dune Palms Bridge Project 2011-05MEMORANDUM TO: Frank J. Spevacek, City Manager FROM: Timothy R. Jonasson, Design and Development Director/City Engineer DATE: April 18, 2017 RE: Amendment No. 7 to a Professional Services Agreement with Bengal Engineering, Inc. in the amount of $96,449, authorizes "Extended Phase 1" archeological field work and report required for federal environmental approval of the Dune Palms Water Crossing Project. 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 department shall check and attach the items below as a ra riate: 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.7 - $96,449 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 April 4. 0017 (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 fallowing required documents are attached to the agreement: X Insurance certificates as required by the agreement (initialed by Risk Manager on 4/18 NietO date) N/A Performance bonds as required by the agreement (originals) X City of La Quinta Business License No. LIC-0100872 ;Expires: 6/30/17 AMENDMENT NO. 7 TO PROFESSIONAL SERVICES AGREEMENT WITH BENGAL ENGINEERING Inc. This Amendment No. 7 to Professional Services Agreement with Bengal Engineering neering ("Amendment No. 7") is made and entered into as of the 0 day of April 2017 ("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 Environmental Study (Extended Phase 1 Cultural Report): additional Project Management Services: and additional Right of Way Acquisition 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: 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 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 Digitally signed by Frank J.Spevacek DN: cn=Frank 1. Spevacek, o=City of La Quinta, ou=City Manager, email=fspevacek@la-quinta.org, c=US Date: 2017.04.20 08:24:18-07'00' Dated: Frank J. Spevacek, City Manager ATTEST Digitally signed by Susan Maysels ot# DN: cn=Susan Maysels, o=City of La Quinta, ou=Clerk's Office, email=smaysels@la-quinta.org, c=US Date: 2017.04.20 09:34:38-07'00' Susan Maysels, City Clerk APPROVED AS TO FORM; William H. Ihrke, City Attorney CONSULTANT: Bengal Engineering. Inc. California Corporation By. S. 0 "-i� Name -.Scott Onishuk, P.E. Title: Princi al in Charge Rev.2-5-14 ♦g, NGAL "�"E CiINECF-iI"Ca IrVC_ March 10 2017 Ed Wimmer, P.E. City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 EXHIBIT A SCOPE OF SERVICES RE: Dune Palms Dune Palms Low Water Crossing Replacement Project Federal Project No. BLRKS — 5433 (014) Proposal for Additional Work Request #7: A) Creation of Extended Phase 1 (Archeological) Report B) Additional Project Management C) Additional Right -of -Way Services (to enter property to perform the study) Dear Mr. Wimmer, Bengal Engineering hereby submits our "Additional Work Request" (AWR) to provide additional budget and contract time for the Dune Palms Bridge project for your consideration. This proposed AWR includes: A) The implementation of the "Extended Phase 1 Work Plan" to create the "Extended Phase 1 XPI Report" (performed by WSP / PB and ECORP) B) A budget augmentation for Project Management to oversee the XP1 Report (Bengal / Heptagon 7) C) Additional Right -of -Way services to obtain permission to enter the private property to perform the requested study (OPC; Overland, Pacific & Cutler ). Bengal Engineering website: Bengal Engineering.corn 250 Big Sur Dr. Scott@BengalEngineering.com Goleta, CA 93117 (805) 563-0788 Proposal for Additional Services _ I" AWR #7 Implementation of the Extended Phase 1 Study Dune Palms Low Water Crossing Replacement BLRKS-5433 (014) March 10, 2017 Background Information: reasons for this "Additional Work Request" XP1 Report In addition to the tasks for the environmental study which were undertaken as part of the original contract, Caltrans has requested additional study of cultural resources which have been reported to exist near the project site. This study will be undertaken in what is called an "Extended Phase I Archaeological Testing Report" (XP1 Report), and will be performed by WSP / PB and their sub consultant, ECORP. Additional Project Management At the start of the project Bengal worked with the city to create an 18-month schedule for the Project Approval / Environmental Documentation Phase. This schedule anticipated a completion date of March 2016. This schedule has met with delays due to the environmental permitting, however, and the project is currently 13 months behind the anticipated schedule which has increased the effort for project management. In order to support our environmental sub -consultants and manage the project until the end of the XP1 report, Bengal requests a budget augmentation for additional Project Management. Need for additional Right -of -Way support The last component of this ARW is additional Right -of -Way support. This is necessary to obtain permission to access the private property where some of the XP1 field work will occur. This work will be performed by OCP under subcontract to Heptagon 7. Schedule Bengal understands that approximately 8 to 9 months will be required to complete the XP1 Report process. If approved, this AWR would this time to the contract period to accommodate this approval of the XP1 process. Fee The majority of the cost for this AWR is for the XP1 Study, which will be led by WSP / PB (Lorrain Ahlquist) Most of the project management will be performed by Heptagon Seven ("1­17"). This work will be led by Brad Donais. Bengal Engineering's effort is anticipated to be minimal; one key assumption Bengal has for this work is that the meetings for the Dune Palms Bridge Project remain coincident with the meetings for the Dune Palms Widening Project, thereby minimizing Bengal's effort. See "Exhibit A" for details. Page 2 Proposal for Additional Services rl AWR #7 Implementation of the Extended Phase 1 StudyDune Palms Low Water Crossing Replacement BLRKS-5433 (014) March 10, 2017 Requested Fee for this Additional Work Request: Firm Cost Task Description Lead Person WSP / PB $70,219 XP1 Tasks Lorraine Ahlquist Heptagon 7 $19,350 Project management Brad Donais OPC $ 1,000 Right -of -Way John Cutler Bengal Engineering $ 6,880 Project management Scott Onishuk AWR Total Sincerely, Scott Onishuk, PE Director $ 96,449 L Page 3 Proposal for Additional Services , s AWR #7 Implementation of the Extended Phase 1 Study Dune Palms Low Water Crossing Replacement BLRKS-5433 (014) March 10, 2017 Additional Scope of Services. "Exhibit A": Page 4 Proposal for Additional Services AWR #7 Implementation of the Extended Phase 1 Study ' Dune Palms Low Water Crossing Replacement BLRKS-5433 (014) March 10, 2017 Bengal's Additional Scope Bengal will oversee the consultants and serve as prime contractor for the work outlined by WSP / PB and Heptagon 7. Bengal's work includes: A. Project Management and Coordinate with Subcontractors Project management 24 Hrs at $150/ hr $3,600 Clerical : 16 Hrs. at $55/ Hr $ 880 B. Preparation and Attendance to 8 meetings 8 meetings x 2 hrs x $150 / hr $2,400 Bengal's Total $ 6,880 Page 5 SUBCONTRACTORS TO BENGAL ENGINEERING INC. 0! W J P RIN+CKER140FF January 20, 2017 RE: Proposal to Implement the Extended Phase I Program for the Dune Palms Road Low -Water Crossing Replacement Project, La Quinta, Riverside County, California (Federal Project No. BLRKS — 5433 (014)). The following is our proposed scope of work and budget for the implementation of an Extended Phase I (XPI) based on the draft work plan currently under 2"d review from Caltrans District 8 for the Dune Palms Project. The cultural resources services for this project will consist of all work necessary to complete the XPI Report, narrative HPSR, ESA Action Plan, and a Monitoring and Discovery Plan required by Caltrans for this federally funded project which is subject to Section 106 of the National Historic Preservation Act (NHPA). All work will be conducted following the environmental compliance guidelines outlined in the Caltrans SER Vol. 2. http:l/www.dot.ca.pov/ser/volt/ex 5 3 xpi repori.pdf WSPIParsons Brinckerhoff's subconsultant ECORP Consulting, Inc. (ECORP) proposes the following Scope of Work: Task 1. Project Management Project Management includes: preparation of invoices and supervision of team and Quality Assurance / Quality Control (QA/QC) of deliverables to ensure conformance with Caltrans standards and policies. Hours: 45 hours Task 2. XPI Program and Report Seventeen shovel test pits (STPs) will be excavated between Area of Direct Impact (ADI) boundary and Dune Palm Road as shown on the Site Detail Map in Section 10.0 of the XPI Proposal. The 17 STPs will be excavated by hand with shovels in arbitrary 20-centimeter (cm) levels and will be about 40 cm in diameter. Excavated material will be passed through 1/8th-inch mesh. Artifacts remaining in the screen will be placed in bags labeled with the appropriate provenience information. STPs will be excavated to a depth of 80 cm (it is not practical to excavate STPs beyond about 80 cm below surface). If subsurface artifacts are found in the lower levels of an STP, an auger will be used to assess whether cultural material continues below 80 cm. If subsurface prehistoric artifacts are found in STPs, but the context appears to be disturbed, a unit will be excavated near the STP that yields the most artifacts. The purpose of the unit is to provide information about stratigraphy (to assess whether the archaeological material is mixed or disturbed) by examining the unit sidewalls. The unit will measure 1 m by 1 m and will be excavated by hand in arbitrary 10-cm levels. Excavated material will be passed through 1/8th-inch mesh. A profile of two perpendicular sidewalls will be drawn. Artifacts remaining in the screen will be placed in bags labeled with the appropriate provenience information. Artifacts will be identified, described, photographed, and drawn in ECORP's lab in Redlands. A report will be prepared following the format required by Caltrans for an XPI investigation. The report will contain the project description, the methods used, and will describe the results, including any artifacts recovered. The report will contain a discussion of whether intact subsurface archaeological deposits are present. Hours: 185 hours PARSONSRIcHOFF Task 3. Narrative HPSR A narrative HPSR will be prepared following guidance in Caltrans Standard Environmental Reference, Volume 2. The HPSR will summarize the results of archaeological survey, the XPI program, Native American consultation, and will provide the Caltrans Section 106 findings. Hours: 45 hours Task 4. ESA Action Plan An ESA Action Plan will be prepared following guidance in Caltrans Standard Environmental Reference, Volume 2. The Plan will include a map showing where protective fencing will be installed to protect the archaeological site during construction and will provide a list of people that need to be notified prior to fence installation and before and after fence removal. Hours: 50 hours Task 5. Post -Review Discovery and Monitoring Plan A Post -Review Discovery and Monitoring Plan will be prepared following guidance in Caltrans Standard Environmental Reference, Volume 2. The Plan will include monitoring schedules and procedures, lines of communication for discoveries, methods to evaluate finds, and reporting and notification requirements. Hours: 55 hours Schedule The XPI work plan can be completed 6 weeks after notice to proceed. 2/3 WSP 8 N�RNoFF XPI and XPI Processing Fee Title Rate ($) Hours/Units Costs Project Manager (WSP I Parsons Brinckerhoff) $205 45 hours $9,225 Principal Investigator $205 60 hours $12,300 Technical Specialist $204 80 hours $16,320 Project Archaeologist $188 80 hours $15,040 Archeologist $114 40 hours $4,560 GIS Specialist $120 35 hours $4,200 Word Processor $70 30 hours $2,100 Contracts $70 10 hours $700 ODCs: Native American monitor, vehicle & equipment - $5,024 Reproduction / Reimbursable - $750 Total 380 hours $70,219 The total amount for Tasks 1-5 including ODCs and reproduction/delivery expenses is $70,219.00. Costing Assumptions ♦ The cost estimate is based on providing copies of the draft reports in electronic pdf format and 3 hard copies of each final report plus electronic versions in pdf formats. ♦ It is assumed that the City of La Quinta will obtain a Right to Enter access agreement with the landowner and that ECORP will have permission to carry out excavations by hand on the property. ♦ If intact cultural material is found as a result of the XPI program, Caltrans may require additional subsurface testing and preparation of an Archaeological Evaluation Report (AER). Subsurface testing in excess of 17 STPs and 1 unit and preparation of an AER are not included in the cost estimate. ♦ WSPIParsons Brinckerhoff and ECORP team shall not be held responsible for work delays or cancellations caused by strikes, accidents, acts of God, delays imposed by the Client, or other delays beyond the control of ECORP. ♦ It is assumed that ECORP can use and rely on the data and information contained in the project related documents provided by the Client. ECORP will not perform a technical review of these documents, and will not be responsible for the content or accuracy of these studies. ♦ This cost is valid for a period of 90 days from date of this the proposal. Beyond 90 days, WSPIParsons Brinckerhoff and ECORP, reserve the right to reevaluate the cost. If you have any questions please call me at (619) 321-4185. Sincerely, ,t. , Lorraine Ahlquist , Environmental Project Manager HEPTAGON ..-SEVEN Memorandum To: Scott Onishuk, Bengal Engineering From: Brad Donais, Heptagon Seven Consulting Date: 03/02/2017 Re: Dune Palms Bridge, La Qunita; Change Order for Additional Project Management Fee Breakdown Per your request, the following is a breakdown of the requested $19,350 in additional fees for Project Management under the Phase 1 of the original agreement on the Dune Palms Bridge project, in the City of La Quinta. Due to the long drawn out process by Caltrans in the determination of the need for an XPI, which lasted over 13 months, and the decision on the need for an XPI which will add another 6-8 months to the Phase 1 schedule, additional project management time is needed to reimburse for holding of past costs as well as to continue with future PDT meetings as well as regular project management activities to complete the Phase 1 portion of this project. Between Mar. 2016 and Feb. 2017, eight (8) Project Development Team (PDT) meeting were held. Per the current schedule, the Phase 1 is anticipated to be complete by December 2017. Between March 2017 to December 2017, it was anticipated that the PDT would officially meet six (9) times. The following is the breakdown for meetings: Assume 17 meeting (8 past and 9 future PDT's) o Meeting Prep — 2 hours / meeting o Meeting — 2 hours / meeting o Meeting debrief activities —1 hour / meeting o Total 5 hours / meeting = 85 total hours • 85 hours @ $150 / hour = $12,750 • Overall Project Management (Mar. 2016 —Dec. 2017) o Assume 2 hours / month for 22 months = 44 total hours ■ 44 hours @ $150/hour = $6,600 0 Total Additional Project Management Fee Requested - $19,350 74900 High way hway 111 HEPTAGON Suite 111 Indian Wells, CA 92210 q; /0",EVEN Phone:760-895-0044 February 2, 2017 Scott Onishuk Bengal Engineering 250 Big Sur Drive Goleta, CA 93117 RE: Dune Palms Road Bridge, City of La Quinta Project #2011-05 Federal Project No. BRLKS-5433(014) Additional Work Request for Additional Project Management Dear Scott: The following is the Heptagon Seven request for additional Project Management time and budget associated with the long standing and ongoing issues related to the cultural site along the east side of Dune Palms Road south of the storm water channel. As you are aware the issue of obtaining cultural clearance for the project has been hung up with Caltrans for over a year, until we obtained final direction requesting the project prepare a XPI at the prior noted location. In speaking with Lorraine, once notice to proceed has been provided by the City, it is anticipated the XPI and subsequent HPSR and eventual NEPA approval should be completed within eight (8) months. In addition, to complete the XPI field work, the City will need to obtain a right of entry agreement with the current property owner. I have coordinated with John Cutler of OPC and provided a scope and fee for his additional effort associated with obtaining of said agreement. The proposed scope and budget for the above mentioned tasks are included in the following pages. Let me know if you have any questions or will need additional information on this matter. Thanks. S -- BraQdaais,P EA' Project Manager Dune Palms Road — Bridge AWR, Feb. 2, 2017 Scope of Work HEPTAGON SEVEN The following is the proposed scope to provide extended Project Management and Coordination service along with a Right of Entry for the XPI field work. The Task numbering reflects the same task numbers, where applicable, in the main Scope of Work in the City's agreement. Task 1: Proiect Management & Coordination The Consultant will continue to manage the project by tracking the schedule, budget, QA/QC and value of the products produced. From the original contract, the Phase I Project Approval and Environmental Document process has been extended due to issues arising out of the first coordination with Caltrans, then the final direction of Caltrans on the preparation of an XPI for a portion of the vacant commercial parcel located south of the stormwater channel and east of Dune Palms Road. Following Notice to Proceed on the XPI work, Consultant anticipates approval of the XPI, HPSR and Caltrans led NEPA document to be completed within 8 months. The additional time associated with this task is for the period of March 2016 to December 2017. Work will continue to include: • Continuous coordination with stakeholders such as the City, Caltrans, Coachella Valley Water District, Private and Public Utilities, etc. • Budget preparation for each task and milestone tracking for the project • Monthly expenditure report preparation by task and milestone for the project • Project schedule planning including milestones, project activities and deliverables • Monthly progress reports accompanied by an invoice • Lead monthly project status meeting • Attend public outreach meetings • Preparation of a Project Management Plan • Monitoring critical path items in a proactive manner • Monitor long lead items such as Caltrans reviews and approvals, CVWD coordination, Utility Relocations, RW acquisition and City review process In addition to the PDT meetings with the project team, we will work hand -in -hand with our Environmental Lead and City Staff, as needed to provide and exchange technical data and environmental input. This proactive relationship will be essential to the success of the project. Deliverables: Meeting Agenda, Exhibits, Deliverables Log, and updated project schedules Task 11: Final Right of Way Services — Right of Entry Consultant will shall prepare the necessary paperwork and coordinate with the City and property owner on obtaining one (1) right of entry for the XPI field work associated with APN 600-030- 018, south of the stormwater channel and east of Dune Palms Road. Deliverable: Executed Right of Entry agreement 2 Dune Palms Road — Bridge AWR, Feb. 2, 2017 Proposed Fee The following is the proposed Fee for the additional Project Management and Right of Entry services for the Phase 1 Dune Palms Road Bridge project activities. Proposed Fee Task Heptagon Sub 1 Project Management & Coordination $19,350 $0 11 Final Right of Way Services - Right of Entry $0 $1,000 Total $19,350 $1,000 Reimbursable $0 $0 Total AWR Request $20,350 Total AWR Reimbursement $0 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 Amendment 7 to this Agreement is Ninety -Six Thousand. Four Hundred Forty -Nine Dollars ($96,449.00) ("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, Three Hundred Fifty -Six Thousand, Fifty -Eight Dollars ($1,356,058.00) after the consideration of Amendments 1 through 7. Previous Contract Amount through Contract Amendment No. -6- $ 1,259,609.00 Add this Amendment $ 96,449.00 Revised Contract Total $ 1,356,058.00 Rev.2-5-14 CONSENT CALENDAR ITEM NO. 10 City of La Quinta CITY COUNCIL MEETING: April 4, 2017 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 7 TO THE PROFESSIONAL SERVICES AGREEMENT WITH BENGAL ENGINEERING, INC. FOR THE DUNE PALMS ROAD BRIDGE IMPROVEMENT (PROJECT NO. 2011-05) RECOMMENDATION Approve Amendment No. 7 to a Professional Services Agreement with Bengal Engineering, Inc., in the amount of $96,449, for the Dune Palms Road Bridge Improvement, and authorize the City Manager to execute the amendment. EXECUTIVE SUMMARY • The proposed improvements will replace the existing low water crossing with an all-weather access bridge on Dune Palms Road at the Coachella Valley Storm Water Channel (Attachment 1). • Amendment No. 7 (Attachment 2), in the amount of $96,449, authorizes the consultant to perform the "Extended Phase 1" archeological field work and prepare the report which required by Caltrans for federal environmental approval. FISCAL IMPACT The Dune Palms Road Bridge Project has an approved budget in the amount of $17,510,603. The project is partially funded with Federal Surface Transportation Funds through the state's Highway Bridge Program and will provide up to $15,501,603 toward total project. Coachella Valley Association of Governments will fund up to $1,506,750 and the City is responsible for the remaining $502,250. The following represents 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 Adequate funding is available in the approved design budget. 87 BACKGROUND/ANALYSIS The City Council approved a design contract with Bengal Engineering, Inc. in June 2014 to provide professional engineering and environmental services for the proposed all weather bridge. The project is currently in the Environmental and Permitting Phase. It is partially funded with Federal Highway Bridge Program Funds and subject to the requirements of the National Environmental Protection Act (NEPA). To comply with these environmental requirements a Historical Resources Evaluation Report and Archaeological Survey Report was prepared. The results of these studies identified certain cultural artifacts on the vacant land located on the southeast corner of the proposed bridge improvement. The first step to complete the Archaeological Survey Report, after the studies identified the certain cultural artifacts, was to establish an Extended Phase I Work Plan acceptable to Caltrans for archaeological field work. At this time, Bengal Engineering has completed this step authorized by City Council on October 18, 2016 and is awaiting final Caltrans approval. The next step required to complete the Archaeological Survey Report is to perform the Extended Phase I archaeological field investigation work identified in the Work Plan. The field investigation will include 17 archaeological test pits. After the investigation work is complete, the information will be added to the Report and resubmitted to Caltrans for approval. The field work is anticipated to take approximately six (6) weeks. ALTERNATIVES Considering the project is partially funded with federal funds and Caltrans is serving as the Lead Agency for the Federal Environmental Document, no additional alternative is recommended. Prepared by: Ed Wimmer, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Public Works Director/City Engineer Attachments: 1. Vicinity Map 2. Amendment No. 7 to PSA with Bengal Engineering, Inc. 88 Dune Palms Bridge N.T.S. Vicinity Map mum rittAk! in _ wAwitrunI riiiy4 inn ■ 11 RI P MAIN C : -� 1.!3— = �* ....-�: Jhl i1i1111.1111W1 11111 .1� ■ail' 0 : -0 c. „.749 i' ■1111■11111■111M gioNl1nt_o ■ e �'� i' ■111111 1111■ ■ w+II-- - a ', A I - Il �:#A�� t 1111■1 : 1N•1Y�:; ° NI L ilYliiti�YlYllirli111111■I11111111iN1 1i111■1$3 �� 'a 1 =IIIIIIIIA 11llllli ■ nlllll!•• { +„ j� • : I p NI. I I I■ ■:� 11l 76.1M* . .I , • . NNE. UIUI 11 - �;! II + - 3 1I■11111 11111r1 1r -r14A - II i _ ■11111 IIN11■I �4'P+!.�;,, - sir _ ■u 1111pI4TyPF I II 16111. iNr ■ -hINIIII ++iYLa:ylii i • 111 r." 3 1 At 1.1 wr r1 -r --MM ■ Ea LAU UM 89 AoC"R" CERTIFICATE OF LIABILITY INSURANCE 11".1 DATE (MM/DD/YYYY) 04/13/2017 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 CONTACT NAME: Tina Jackson Tina Jackson Insurance Services, Inc a/CONNxt E: 8059662500 FAX No: 8055635328 E-MAIL ADDRESS: tina@tinajacksonins.com 3834 Pemm PI INSURER(S) AFFORDING COVERAGE NAIC# Santa Barbara, CA 93110 INSURERA: Hanover Insurance Company INSURED INSURERB: U.S. Specialty Insurance Company Bengal Engineering, Inc INSURERC: The Hartford INSURER D : 250 Big Sur Drive Goleta CA 93117 INSURER E : 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. INSR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MM/DDPOLICY/YYYY MM IDDNYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y OB3-A316654-00 06/15/16 06/15/18 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE �X OCCUR DAMAGE TO RETE PREMISES Ea occur ence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 NPOLICY PRO JECT ❑ LOC PRODUCTS - COMP/OPAGG $ 4,000,000 $ OTHER: A AUTOMOBILE LIABILITY AW3A50250500 12/12/15 12/12/16 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED X AUTOS SCHEDULED AUTOS ONLY BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBEREXCLUDED? ❑ (Mandatory in NH) NIA Y 72WECKZ2053 05/15/16 05/15/18 X SPER TATUTE ERH 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 B Professional Liability USS1425181 109/17/1609/17/11 $1,000,000 Per Occurrence $2,000,000 Agg egate DESCRIPTION OF OPERATIONS / LOCATIONS / 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" CERTIFICATE HOLDER CANCELLATION 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. 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 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 72 WEC KZ2053 Endorsement Number: Effective Date: 05 / 15 / 17 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 ORGANIZATION FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US. SCHEDULE Countersigned by 2 % of the California workers' compensation Job Description AS REQUIRED BY WRITTEN CONTRACT. Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 03/25/17 Policy Expiration Date: 05/15/18 Hanover Insurance Group- 0133 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: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (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 (3) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not 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. 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 Page 2 of 2 Hanover Insurance Group- 0133 A316654 1001257 IIIIa6-14fl1191Z6,y4itil:4►yis]ImFMM MRSICI:1011I]'A»:f-'NIA:W-A911MCI :41111114Wo 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 Oroanization(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 0106 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 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 04 97 07 02 Copyright, ISO Properties, Inc., 2001 Page 1 of 1