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12) 7C Approval of Consultant Services with Rincon Consultants, Inc.
City Counc i l February 17 , 2015 Page 2 of 2 ANALYSIS: Based on the scope of work , cost of work , and project schedule from each of the proposals rece ived , staff recommends that the City retain Rincon to prepare the CEQA analysis for the proposed project. Rincon w il l analyze all potential environmental impacts as required by CEQA and will identify mitigation measures to reduce or eliminate impacts where possible . Rincon is a reputable firm with extensive experience i n preparing environmental documents fo r development projects . Staff believes that the proposal submitted by Rincon is the most cost-effective . The proposed contract amount is $44 ,239 , including a 20 percent contingency . The proposed schedule to complete the environmental review is four months , including publ ic hearings. CONCLUSION: It is staff's assessment that Ri ncon will prov ide qual ity service for the proposed project to fulfill the requirements of CEQA environmental review. Therefore, the City Council is requested to approve the agreement with Rincon . The City Council is only being asked at this t ime to approve the contract to begin the env ironmental review process . The City Counc il is not being asked to evaluate the merits of the project or make any decisions regarding the project. The Planning Commission and City Council will hold public hearings at a later time to cons ider the project itself and the results of the environmental review. FISCAL IMPACT: The project applicant is respons ible for reimbursing the City for the complete cost of the contract w ith Rincon . The City will not give Rincon notice to proceed with the environmental review until the applicant has deposited funds with the City . As such , approving the Agreement for Services with Rincon will not result in any cost to the City or affect the Fiscal Year (FY) 2014-2015 or FY 2015-2016 City Budgets. ATTACHMENT: A. Agreement for Serv ices between the City of Temple C ity and Rincon AGREEMENT FOR SERVICES By and Between THE CITY OF TEMPLE CITY, a municipal corporation and RINCON CONSULTANTS, INC. I I . (b) Schedule of Performance. The Services sh all be completed pursuant to the schedule specified in Exhibit "A." Should the Services not be completed pursuant to that schedu le, the Service Provider shall be deemed to be in Default of this Agreement. The City, in its so le discretion, may ch oose not to enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services . SECTION3. ADDITIONAL SERVICES. S ervice Provider shall not be compensated for any work rend ered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional serv ice s are authorized in advance and in writing in accordance with Section 26 "Administration and Implementation" or Section 28 "Amendment" of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services . SECTION 4. COMPENSATION AND METHOD OF PAYMENT. (a) Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the amounts specified in Exhibit "B" "Compensation" and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed forty-four thousand, two -hundred, and thirty-nine dollars ($44,239 ), . unless additional compensation is approved in writing in accordance with Section 26 "Administration and Imp lementation" or Section 28 "Amendment" of this Agreement.. (b) Each month Service Provider shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categori es: labor (by sub-category), travel, materials, equipment, supplies, and sub-Service Provider contracts. Sub-Service Provider charges shall be detailed by the following categories: labor, trave l, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit "B" include payment of labor on an hourly basis (as opposed to labor and material s being paid as a lump sum), the labor category in each invoice shall include detai led descriptions of task performed and the amount of time incurred for or allocated to that task . City shall independently review each invoice submitted by the Service Provider to determine whether the work performed and expenses incurred are in compliance with the prov isions of this Agreement. In the event that no charges or expenses are disputed, the invoice shal l be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invo ice shall be returned by City to Service Provider for correction and resubrnission. (c) Except as to any charges for work performed or expenses incurred by Service Provider which are dispu ted by City, City will use its best efforts to cause Service Provider to be paid within forty -fi ve ( 45) days of receipt of Service Provider's correct and undisputed invoice. (d) Payment t o Service Provider for work performed pursuant to this Agreement shal l not be deemed to waive any defects in work performed by Service Provider. SECTIO N 5. INSPECTION AND FINAL ACCEPTANCE. - 2 - (c) Where City has reason to believe that any of the do cuments or records required to be maintained pursuant to this sectio n may b e lost or discarded due to d isso lution or termination of Serv i ce Provider's business, City may, by written request, require that custody of such documents or record s be given to the City. Access to such documents and r ecords sh al l be granted t o City, as well as to its successor s-in-interest and authmized representatives. SECTIONS. INDEPENDENT CONTRACTOR. (a) Service Provider is and shall at all times remain a wholly independent contractor and not an officer , employee or agent of City. Service Provider shall have no au thority to bind City in any manner, nor to incur any obli gation, debt or liability of any kind on behalf of or against City, whether by contract or oth erwi se, unless s uch authority is expressl y conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on b ehalf of Service Pro vider shall at all times be under Serv ice P rovi der's exclusive diiection and control. Neither City, nor any e lected or appointed boards, officers, officials, employees or agents of City, shall have control over th e conduct of Service P rovider or any of Service Provider's officer s, emp loyees, or agents except as set forth in this Agreement. Service Provider shall not at any time or in any manner represent that Service Provider or any of Service Provider's officers, employees, or agents are in any manner officials, officers, employees or agents of City . (c) Neither Service Provider, nor any of Service Pro vider's officer s, employees or agents, shall obtain any rights to r etirem ent, health care or any other benefits which may otherwise accrue to City's empl oyees. Service Provider expressly waives any cl aim Service Provider may have to any such rights. SECTION9. STANDARD OF PERFORMANCE. Service Prov i der represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Servi ces r equired under this Agreement in a thorough, competent and professional manner. Service Provider shall at all times faithful ly, competently and to the best of its ability, experienc e and talent, perform all Servi ces. In meeting its obligati ons under th is Agreement, Serv ic e Provide r shall employ, at a minimum, generally accepted standards and practices uti lized by p erson s engaged in providing servic es similar to the Services required of Service Provider under thi s Agreement, and shall use such ski ll, prudence, and dili gence as other m embers of Service P rovi der's profession commonly p ossess and exercise. In addition t o the general standards of perfmmance set forth this secti on, additional specific standards of perfmmance and performance criteria may b e set forth in Exhibit "A" "Scope of Work" that shall also b e app l icable to Service Providers work under this Agreement. Wher e there i s a conflict be tween a general and a specific standard of performance or p erformance criteria, the specific standard or criteria shall prevail over the general. SECTION 10. COMPLIANCE WITH APPLICABLE L AWS ; PERMITS AND LICENSES. Service Provider sh all keep itself informed of and comply with al l app licabl e federal , state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of -4 - this Agreement. Service Provider shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appo inted boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a re sult of any failure of Service Provider to c omply with this section. SECTION 11. PREV AaiNG WAGE LAWS. It is the understanding of City and Service Pro vider that California prevailing wage laws do not apply to this Agreement becau se the Agreement do es not involve any of the followi ng services subj ect to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder : Con struction, alteratio n, demolition, installation, or repair work pe1formed on public buildings, fa ci lities, streets or sewers done under co ntract and paid for in whol e or in part out of public funds. In this context, "construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work. SECTION 12. NONDISCRIMINATIO N. Service Provider shall not discriminate, in any way, against any perso n on the basis of race , color, religious creed, national origin , ancestry, sex, age , phys ical handicap , medical conditi on or marital status in connection with or related to the performance of this A@-eement. SECTION 13 . UNAUTHORIZED ALIENS. Serv ice Prov ider hereby pro mi ses and agrees to comply with all of the prov isions of the Federal Immigr ation and Nationality Act, 8 U.S .C.A. §§ 1101 , et se q ., as amended, and in connection therewith, shal l not employ unauthorized al ien s as defined therein. Should Service Provider so emp loy such unauthori ze d ali ens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorize d aliens, Service Provider hereby agrees to and shall reimburse City for the cost of all such liabilitie s or sanctions imposed, together with any and all costs, including attorneys' fees, incuned by City. SECTION 14. CONFLICTS OF INTEREST. (a) Service Provider covenants that neither it, nor any officer or principal of its firm , has or shall acqui re any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Servic e Provider's performance of the Services . Service Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager . Service Provi der agrees t o at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the perfo1mance of this Agre ement. (b) City understands and acknowledge s that Serv ic e Pr ovider is, as of the date of exe cution of this Agreement, in dep endent ly involved in the performance of non-related services for other governmental agencies and private parties. Servic e Provider is unaware of any stated position of City relative to such project s. Any future position of City on such proj ects shall not be considered a conflict of interest for purposes of this section. - 5 - These requirements are subject to amendment or waiver if so appr oved in writing by the City Manager. Service Provider agrees to provide City with copies of required policies upon request. SECTION 18. ASSIGNMENT. The expertise and experience of Service Provider are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obl i gations impo sed upon Service Provi der under this Agreement. In recognition of that interest, Service Provider shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Service Provider's duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of thi s Agreement pursuant to Section 20 "Termination of Agreement." City acknowledges, however , that Service Provider, in the performance of its duties pursuant to this Agreement, may u tilize subcontractors. SECTION 19. CONTINUITY OF PERSONNEL. Service Provider shall make every reasonable effort to maintain the stability and continuity of Service Pro vi der's staff and subcontractors, if any, assigned to perform the Services. Service Provider shall notify City of any changes in Service Provider's staff and subco ntractors, if any, assigned to perform the Services prior to and during any such performance. SECTION20. TERMINATION OF AGREEMENT. (a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Service Provider. In the event such notice is given, Service Provider shall cease immediately all work in progress. (b) Service Provider may terminate thi s Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Service Provider or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Service Provider, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Service Provider or City, all property belonging exclusively to City which is in Service Provider's possession shall be r eturned to City. Service Provider sh all furnish to City a final invoice for work pe1formed and expenses incurred by Service Provider, prepared as set forth in Section 4 "Compensation and Method of Payment" of this Agreement. This fmal invoice shal l be reviewed and paid in the same manner as set forth in Section 4 "Compensation and Method of Payment" of this Agreement. SECTION21. DEFAULT. In the event that Service Provider is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Service Provider for any work -8 - performed after the date of default. Instead, the City may give notice to Service P rovider of the default and the r easons for the d efault. The notice shal l include the timeframe in which Service Provider may cure the default. This timeframe is presumptively thirty (30) days, but may be extende d , though n ot reduced, if circumstance s warrant. During the period of time that Service Pr ovider is in default, the City shal l hold all invoices and shall, when the default is cured, proceed wi th payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay so me or all of the outstanding invoices during the period of default. If Service Provider does not cure the default, the Ci ty may take n ecessary steps to te1minate thi s Agreement under Secti on 20 "Termination of Agreement." Any failure on the part of the City to give notice of the Service Provider's default shall not be deemed to result in a waiver of the City's legal rights or any right s ar ising out of any provision of this Agreement. SECTION22. EXCUSABLE DELAYS. S ervice Provider shall not be liabl e for damages, includi ng liquidated damages, i f any, caused by delay in performance or fail ure to p erform due to causes beyond the control of Service Provider. Such causes include, but are no t lim ited to, acts of God, acts of the public enemy, acts of fe deral, state or l ocal governments, acts of City, court or ders, fires , floods, ep idemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes. SECTION23. COOPERATION BY CITY. All p ubli c information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Service Pro vider in eve1y reasonable way to fac ilitate, without undue delay, the Services to be performed under this Agr eement. SECTION24. NOTICES. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered , or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows: To City: To Service Provider: City ofTemple City Attn: City Manager 9701 Las Tun as D r. Temple City, CA 91780 Rincon Consultants, Inc. ·Attn: Joe P ower, AICP, Principal 180 North Ashwood Avenue Ventura, California 93003 Noti ce shall be deemed effective on the date perso nally delivered or transmitted by facsimile or, if mailed, three (3) days after dep osi t of the same in the custody of the United States P ostal Service. -9 - EXIITB IT "A" SCOPE OF SERVICES A Mitigated Negative Declaration (MND) is anticipated to be the appropriate environmental document for the project. If it is determined throug h the early co nsu ltation process that the project may result in significant and unavoidable environmental impacts, we will notify the City immediately to determine the necessary course of action. This could inclu de revising the wo rk scope and budget to accommodate the preparation and processing of a focused environmental impact report (EIR). The docume ntation will use ex isting data and analyses , including studies prepared for previous env iro nm ental documents in the site vicinity as well as other accessible documents fo r similar projects, to the extent practical. The major tasks involved in the preparation and processing of the MND are descr ibed below. 1. Kickoff Meeting • Rincon will attend a kickoff meeting with City staff. The meeting will serve to discu ss funda mental process , scope and approach issues, and as a fo rum to review and confirm study objectives and establ ish an operat ional protocol. Working schedules will be finalized , and deta il s for scheduled tasks will be discussed . The consultant team will use this opportun ity to collect an y relevant studies and information not already tra nsmitte d. The kickoff meeting also allows the City and consultant team an opportuni ty to discuss the completeness of plans , technical reports and oth er data. 2. Administrative Draft MND-Rincon will prepare an in ternal re view (Adminis trative) Draft MND. All environmental check li st findings will be supported by data and analysis. Where applicab le, impact s will be quanti fied and compared to quan titative sign ifica nce thr esholds. Rincon will submit electronic cop ies of the Admin istrative Draft MND in PDF and Word format. 3. Pub lic Review Draft MND -Rincon will respond to City comments on the Administ ra tive Draft MN D and format the document as a Pub lic Review Draft MND to be distributed for the required CEQA public rev iew perio d. One electronic copy of the Public Review Draft MND and up to 20 bound paper copies will be provided. If necessary, we will provide a screencheck vers ion of the Public Rev iew Dr aft MND prior to pub lication . Rincon will prepare a Notice of Intent to Adopt a Negative De claration and transm it the required forms and copies of the MND to the State Clearinghouse (if necessary) and County Clerk . We have assumed that the City will be responsible for mailing copies and notices to responsible agencies, if any; neighboring or nearby property owners or residents; and other interested parties , as well as other noticing required under CEQA or the City's procedures, including posting at the site or newspaper ads . 4. Final MND-Upon rec eipt of public commen ts on the Public Review Draft MND, Rincon will prepare draft responses for City review . Upon receipt of City comments on the draft responses, we will incorporate changes (if any) and prepare the Fina l MND. This task will include the preparation of the Mitigation Moni toring and Reporting Program (MMRP), if required , formulated as a table listing all mitigation measures and ind icat ing what monitoring actions are required , which depa rtment(s) will be resp onsib le for monitor ing, and when monit oring is to occur. After City screencheck review of the Final MND , we will provide one electronic copy and up to 20 bound paper copie s. If the project is approved, Rincon will prepare a Not ice of Determ ination (NOD) for the City to file with the County A-1 " R e c r e a t i o n : T h e a n a l y s i s w i l l a d d r e s s d i r e c t i m p a c t s t o l o c a l r e c r e a t i o n f a c i l i t i e s a s w e l l a s t h e i n d i r e c t i m p a c t a s s o c i a t e d w i t h i n c r e a s e d d e m a n d f o r r e c r e a t i o n a l f a c i l i t i e s . R e c r e a t i o n a l d e m a n d g e n e r a t e d b y t h e p r o j e c t w i l l b e e s t i m a t e d a n d c o m p a r e d t o C i t y s t a n d a r d s . " T r a n s p o r t a t i o n / T r a f f i c : T h e t r a n s p o r t a t i o n a n a l y s i s w i l l i n c o r p o r a t e t h e f i n d i n g s o f a t r a f f i c s t u d y t o b e p r e p a r e d b y A s s o c i a t e d T r a n s p o r t a t i o n E n g i n e e r s ( A T E } . A T E ' s s c o p e o f w o r k i s d e s c r i b e d b e l o w . " U t i l i t i e s : I m p a c t s t o e x i s t i n g i n f r a s t r u c t u r e , i n c l u d i n g w a t e r , w a s t e w a t e r , a n d s o l i d w a s t e f a c i l i t i e s , w i l l b e e v a l u a t e d . W a t e r d e m a n d a n d w a s t e w a t e r a n d s o l i d w a s t e g e n e r a t i o n w i l l b e q u a n t i f i e d u s i n g s t a n d a r d r a t e s f o r p r o p o s e d u s e s a n d c o m p a r e d t o c u r r e n t a n d f u t u r e s y s t e m c a p a c i t y t o d e t e r m i n e i m p a c t s . " M a n d a t o r y F i n d i n g s o f S i g n i f i c a n c e : T h i s s e c t i o n w i l l a d d r e s s c u m u l a t i v e e f f e c t s , i m p a c t s t o b i o l o g i c a l o r c u l t u r a l r e s o u r c e s , a n d i m p a c t s t o h u m a n b e i n g s . A T E ' s t r a f f i c s t u d y w i l l e n t a i l t h e t a s k s d e s c r i b e d b e l o w . 1 . D i s c u s s t h e p r o j e c t w i t h C i t y s t a f f a n d f i n a l i z e t h e t r a f f i c s t u d y s c o p e o f w o r k . 2 . I n v e n t o r y e x i s t i n g s t r e e t s , i n t e r s e c t i o n s , a n d t r a f f i c c o n t r o l s i n t h e p r o j e c t s t u d y a r e a . 3 . C o l l e c t n e w a v e r a g e d a i l y t r a f f i c c o u n t s a t f o u r s t u d y - a r e a r o a d w a y s e g m e n t s . 4 . C o l l e c t n e w A . M . a n d P . M . p e a k h o u r t u r n i n g m o v e m e n t c o u n t s a t 8 s t u d y - a r e a i n t e r s e c t i o n s . 5 . C a l c u l a t e e x i s t i n g l e v e l s o f s e r v i c e f o r t h e s t u d y - a r e a r o a d w a y s a n d i n t e r s e c t i o n s u s i n g t h e C i t y ' s a d o p t e d m e t h o d o l o g y . 6 . C a l c u l a t e a v e r a g e d a i l y , A . M . a n d P . M . p e a k h o u r t r i p g e n e r a t i o n e s t i m a t e s f o r t h e p r o p o s e d c o m m e r c i a l a n d r e s i d e n t i a l u s e s . T h e r a t e s p r e s e n t e d i n t h e I n s t i t u t e o f T r a n s p o r t a t i o n E n g i n e e r s ( I T E ) T r i p G e n e r a t i o n r e p o r t w i l l b e u s e d . T h e a n a l y s i s w i l l a c c o u n t f o r t h e i n t e r n a l t r i p s t h a t w o u l d b e m a d e b e t w e e n t h e r e s i d e n t i a l a n d r e t a i l c o m p o n e n t s o f t h e p r o j e c t . 7 . D i s t r i b u t e t h e p r o j e c t - g e n e r a t e d t r a f f i c o n t o t h e s t r e e t s y s t e m b a s e d o n t h e e x i s t i n g t r a f f i c p a t t e r n s a n d c o n s i d e r a t i o n o f t h e p o p u l a t i o n c e n t e r s i n t h e s t u d y a r e a . 8 . C a l c u l a t e E x i s t i n g a n d E x i s t i n g + P r o j e c t p e a k h o u r l e v e l s o f s e r v i c e a t t h e s t u d y - a r e a i n t e r s e c t i o n s a n d d e t e r m i n e p o t e n t i a l p r o j e c t - s p e c i f i c i m p a c t s b a s e d o n C i t y a n d C a l t r a n s t h r e s h o l d s . 9 . F o r e c a s t C u m u l a t i v e t r a f f i c v o l u m e s b a s e d o n a b a c k g r o u n d g r o w t h f a c t o r a n d a l i s t o f a p p r o v e d a n d p e n d i n g p r o j e c t s l o c a t e d i n t h e s t u d y - a r e a ( c u m u l a t i v e p r o j e c t l i s t t o b e p r o v i d e d b y C i t y s t a f f ) . 1 0 . C a l c u l a t e C u m u l a t i v e a n d C u m u l a t i v e + P r o j e c t p e a k h o u r l e v e l s o f s e r v i c e a t t h e s t u d y - a r e a r o a d w a y s a n d i n t e r s e c t i o n s a n d d e t e r m i n e c u m u l a t i v e i m p a c t s b a s e d o n C i t y a n d C a l t r a n s t h r e s h o l d s . 1 1 . R e v i e w t h e a d e q u a c y o f t h e o n - s i t e c i r c u l a t i o n a n d a c c e s s s y s t e m . A - 4 EXIDBIT "B " C OMPENSATION I. C ons ultan t shall u se th e fo ll owing rates of pay in the per formance of the Services : City of Temple City 5935 Temple City Bouleva rd Mi tigated Negative Decl aration Cost Estima te Tasks 1. Kic koff/Project Description 2. />clministrative Draft MND Air Quality Green house Gas Emissions HydrologyNrater Quality Noise Tran sportation/Circulation (Rincon Labor) Other Issues 3. Publi c Re'view Draft IMND 4. Final MND (Inc. responses to comments) 5. Public He arings (2) Projec t Management Subtotal Labor: Additio nal Costs Traffic and Circulation Study(AT E) Printin g (20 Draft, 20 Final copies) Supplies and Miscellaneous Expenses Gene ral & Mm inistrative To tal Ad ditio nal Costs: TOTAL (LABOR + ADDITIONAL COST S) 20% Contmgency TOTAL PLUS CON TI NG ENCY Cost $2,72 0 $1,345 $1,345 $1,180 $1,680 $1,015 $3,760 $2,105 $2,530 $1,725 $1 ,005 $20 ,410 $12,500 $1,20 0 $881 $1,875 $16,456 $36 ,866 $7,373 $44,239 Hours Principa l Proj . Mg r. Analy st $190/h ou r $155/hou r $1 25/h our 19 4 10 10 1 1 8 10 1 1 8 9 1 1 6 13 1 1 10 8 1 1 4 30 2 4 18 18 1 3 8 20 2 4 10 10 5 5 7 1 4 1 154 20 35 73 Gra phics $85/h our 4 1 1 2 6 2 16 1213/2014 Clerica l $70/hour 1 4 4 1 10 IV. T he total comp ensatio n for the S ervices sha ll not exceed $44,239 , a s provid ed in S ection 4 "Compen satio n and Meth od of Payment" of th is Agreement. B-1 3. The procuring of such required policy or policies of ins urance shall not be construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. C-2 EPK-105397 IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this po licy are subject to the following conditions. A . Cancellation 1 . The first Named Insured shown in the Declara- tions may cance l this policy by maili ng or de liv- ering to us advance written notice of cancella- tio n. 2. We may cancel this policy by maili ng or deliver- ing to the first Named Insured wr itten notice of cancell at ion at least: a. 1 0 days before the effect ive date of cancel- lat ion if we cancel for nonpa yment of prem i- um ; or b . 30 days before the effective date of cancel- lation if we cancel for any other reason . 3 . We will mail or deliver our notice to the first Nam ed Insured's last mail ing add ress known to us . 4 . Notice of cance ll ation will state the effective date of cancellation. The pol icy period will end on that date . 5. If this pol icy is cancelled , we wi ll send the first Named Insured any prem ium refund due. If we cancel , the refund will be pro rata . If the first Named Insured cancels , the refund may be less than pro rata . The cancellation will be ef- fect ive even if we have not made or offered a refund . 6. If noti ce is mailed, proof of mailin g will be suffi- cient proof of notice. B. Changes This po licy contains all the agreements between you and us concern ing the insu ran ce afforded . The first Named Insu red shown in the De cla rations is authorized to make changes in the te rms of this policy with our consent. This pol icy's terms can be amended or wa ived on ly by endorsement issued by us and made a part of th is po licy. C. Examination Of Your Books And Records We may exam ine and audit your books and rec- ords as they re late to this pol icy at any tim e during the pol icy period and up to three years afterward . D. Inspections And Surveys 1 . We have the right to : a. Make in spections and surveys at any t ime; b. Give you reports on the cond itions we find ; and c. Recommend c hanges . 2. We are not ob ligated to make any inspections , surveys , reports or recommendations and any such actions we do undertake re late only to in- surabi lity and the premiums to be charged . We do not make safety inspections. We do not un- dertake to perform the duty of any person or organizat ion to prov ide for the health or safety of workers or the public. And we do not warrant that condit ions : a. Are safe or healthful ; or b . Comply with laws , regulat ions , codes or standards. 3 . Paragraphs 1 . and 2. of th is conditio n ap pl y not only to us, but also to any rating , advisory, ra te service or similar organ ization which makes insurance inspecti ons , surveys , reports or recommendations . 4. Pa ragrap h 2. of this condi tion does not apply to any inspections, surveys , reports or recom- mendations we may make re lat ive to certifica- tion , under state or municipal statutes , ord i- nances or regulations , of bo ilers , pressure ves - sels or e levators. E . Premiums The first Na med Insured shown in the Declara- tions: 1 . Is responsible for the payment of a ll premiums ; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under th is policy may not be transferred without our written consent except in the case of death of an individual named i n- sured . If you die , your rights and duties will be transferred to yo ur legal representative but only whi le acting within the scope of duties as your legal repre- sentat ive. Until your legal representat ive is ap- po inted , anyone having proper temporary custody of your property will have your rights and duties but only with respect to tha t property. ILOO 171198 Copyright, Insurance Service s Office, In c., 1998 Page 1 of 1 0 PO LI CY N UMB E R: EPK-10 5397 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY . ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS-SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided un der the following : CO MMERCIA L GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Add itional Insu red Person(s) Or Organiza- t i on(s ) Locati on(s) Of Cove r ed O p erations f.ny person or organizat ion when you have agreed in writing in a contract or agreemen t that such person or organization be added as an Add itional Insured . ~here specified by written co ntract. Information requ ired to complete this Schedule, if not shown above, will be shown in the Declarations. A . Sectio n II -Who Is An Insured is amended to include as an additio n al insured the person(s) or organizatio n (s) shown in the Schedu le , but on ly w ith respect to li ability for "bodily injury'', "property damage" or "personal and advertising inj ury" ca u sed , in whole or in part , by: 1 . Your acts or omission s ; or 2 . The acts or omissions of those acting on your behalf; in the performance of your ongoin g opera tion s for th e a dd it ional insured(s) at the location(s) desig- nated above. B . W ith respect to the insurance affo rded to these additional insureds, the fo llowing add iti onal exclu- s ions apply: This insurance does not apply to "bodily injury" or "property damage" occurrin g after: 1 . All work , including mat erials, parts or equip- ment furnished in con nection with such work, on th e project (ot her than service , maintenance or repairs) to be performed by or on behalf of the additional insu red(s) at the location of t he covered operations has been completed ; or . 2 . That portion of "your work" out of which t he injury or damage arises has been put to its i n- tended use by any person or organ ization other than another contractor or su b contractor en- gaged in p erforming operations for a princi pal as a part of the same p roject. CG 20 1 0 07 0 4 ©ISO Propertie s , Inc., 2004 Page 1 of 1 D POLICY NUMBER: EPK-105397 COMMERCIAL GENERAL LIABILITY CG 24 04 1 0 93 THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY . WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provi ded un der the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization : Any person or organization when you have agreed in writing in a contract or agreement to wa ive your right of recovery against such person or organization. (If no entry appears above, information required to comp lete this endorsement will be shown in the De clara tions as app li cable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (S ection IV -COMMER- CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following : We waive any right of recovery we may have against the person or org anizat ion shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organ ization and included in the "products-completed operat ions hazard". This waiver applies only to th e person o r organization shown in the Schedule above. CG 24 04 1 0 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 ·o EPK-105397 THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY . PRIMARY NON CONTRIBUTORY INSURANCE ENDORSEMENT FOR SPECIFIED PROJECT This E ndorsement sha ll not serve to i ncrea se our limi ts of insura nc e, as described i n SECTIO N Il l -LIM ITS OF INSU RANCE. I n conside ration of the paymen t of premiums, it is hereby agreed as follows . Add itional lnsure d(s ) Any person or organization whe n you have agreed in writing in a contract or agreement that such person o r organizat ion be added as an A dd it iona l Insured on a primary and non contributory basis . Solely with re spect to the specified project listed below and subject to all terms, conditions and exclus ions of the policy, this insurance shall be considered primary to the Additional I nsured listed below if other valid and collectib le insurance is available to the Additional I nsured fo r a loss we cover for th e Additional I nsured under COVERAGE A. It is also ag reed that any other insurance maintained by the addi t ional insured shall be non-contributory. Spec ified Project ~here specified by written contract. All other terms , conditions and exclusions under the policy are applicable to this Endorsement and rema in unchanged . CFENV 01 036 10 13 Includes copyrighted material of American Safety Indem nity Company with its perm ission Copyright© 2004 American Safety Inde mn ity Company Page 1 of 1