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2200 - Michael Baker, Inc. - Environmental Consultant ServicesPROFESSIONAL SERVICES AGREEMENT ENVIRONMENTAL CONSULTANT SERVICES MICHAEL BAKER INTERNATIONAL, INC. PARTIES AND DATE. This Agreement is made and entered into this 20th Day of March, 2024 (Effective Date) by and between the City of Rosemead, a municipal organization organized under the laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ("City") and Michael Baker International, Inc., a California corporation with its principal place of business at 3760 Kilroy Airport Way, Suite 270, Long Beach, CA 90806 ("Consultant'). City and Consultant are sometimes individually referred to herein as 'Party" and collectively as "Parties." RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Environmental Consulting Services to public clients, is licensed in the State of California and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such ongoing professional Environmental Consulting Services ("Services") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services: Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Environmental Consulting Services necessary for the Project, herein referred to a "Services". The Services are more particularly described in Exhibit A attached hereto and incorporated herein by Michael Baker International, Inc. Page 2 of 19 reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from the Effective Date shown above to December 31, 2024, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services: Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements: All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel: Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event Michael Baker International, Inc. Page 3 of 19 that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. 3.2.5 City's Representative: The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Consultant shall not accept direction or orders from any person other than the City's Representative or his or herdesignee. 3.2.6 Consultant's Representative: Consultant hereby designates John Bellas and Kathalyn Tung, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her professional skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services: Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees: Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant represents that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. 3.2.9 Laws and Regulations: Consultant shall keep itself fully informed of and in compliance with applicable local state and federal laws, rules and regulations in Michael Baker International, Inc. Page 4 of 19 any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any liability to the extent found to be arising out of any failure to comply with such laws, rules or regulations. 3.2.10 Insurance: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this agreement. 3.2.11 Safety: Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of its employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation: Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement and shall not exceed Fifty Thousand Eight Hundred Dollars ($5,800) and in accordance with consultant's proposal dated March 13, 2024. Consultant's proposal is hereby incorporated and found in Exhibit A. Extra Work may be authorized in writing, as described below, and will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation: Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon. Michael Baker International, Inc. Page 5 of 19 3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work: At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Prevailing Wages: Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws to the extent they are applicable to Consultant. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft; classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection: Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination ofAgreement. 3.5.1.1 Grounds for Termination: City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. Michael Baker International, Inc. Page 6 of 19 3.5.1.2 Effect of Termination: If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents/ Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services: In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices: All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONSULTANT: Michael Baker International, Inc. 3760 Kilroy Airport Way, Suite 270 Long Beach, CA 90806 Attn: John Bellas Tel: (562) 200-7170 Mill City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: Lily Valenzuela Tel: (626) 569-2142 Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours by certified mail or deposit in the U.S. Mail, first-class postage prepaid and addressed to the parry at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property: This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. The Documents & Data are intended for use solely with respect to the project for which they were prepared. Any reuse or modification by City shall be at City's sole risk. Michael Baker International, Inc. Page 7 of 19 3.5.3.2 Confidentiality: All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation, Further Acts: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees: If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing parry in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all costs of such action as part of prevailing party's total damages as determined by court of competent jurisdiction or as agreed upon by the parties in settlement. 3.5.6 Indemnity and Defense. a. Indemnity and Defense To the fullest extent permitted by law, Consultant shall indemnify and hold harmless Agency and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel's fees and costs, to the extent caused by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this agreement. Consultant's duty to indemnify and hold harmless Agency shall not extend to the Agency's sole or active negligence. b. Duty to Defend In the event the Agency, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this agreement, and upon demand by Agency, Consultant shall defend the Agency at Consultant's cost or at Agency's option, to reimburse Agency for its costs of defense, including reasonable attorney's fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant's negligent acts, errors or omissions. Payment by Agency is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and Agency, as to whether liability arises from the sole or active negligence of the Agency or its officers, employees, or agents, Consultant will be obligated to pay for Agency's defense until such time as a final judgment has been entered adjudicating the Agency as solely or actively negligent. In no event shall the cost to defend charged to the design professional exceed the design professional's proportionate percentage of fault. Michael Baker International, Inc. Page 8 of 19 3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law: This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence: Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants: City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns: This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer: Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions: Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification: No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver: No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. Michael Baker International, Inc Page 9 of 19 3.5.18 Prohibited Interests: Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment: Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification: By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement: Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Parry. 3.5.22 Counterparts: This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required: Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [Signatures on next Page] Michael Baker International, Inc. Page 10 of 19 CITY OF ROSEMEAD Ben Kim. Ci Manager to Atter---� 2 2cuy Ericka Hemandez, City Clerk Date Approved as to Form: �W ",, 04/02/2024 Rachel Richman City Attorney Date MICHAEL BAKER INTERNATIONAL, INC. By: � /D— Name: William M. Hoose Title: Vice President [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Name: Richard Beck Title: Vice President Michael Baker International, Inc. Page 11 of 19 EXHIBIT A SCOPE OF SERVICES We Make a Difference INTERNATIONAL March 13, 2024 Lily T. Valenzuela Deputy Director of Community Development CITY OF ROSEMEAD 8838 E. Valley Boulevard Rosemead, CA 91770 RE: PROPOSAL FOR 9208 MARSHALL STREET ACQUISITION PROJECT NEPA DOCUMENTATION Dear Ms. Valenzuela: Michael Baker International, Inc. (Michael Baker) is pleased to submit this letter proposal to prepare an environmental review for the City of Rosemead (City) in accordance with the U.S. Department of Housing and Urban Development's (HUD) regulations for the implementation of the National Environmental Policy Act (NEPA) pursuant to Title 24, Part 58 of the Code of Federal Regulations (24 CFR 58) for the 9208 Marshall Street Acquisition Project (Project). The City proposes to utilize the American Rescue Plan's Coronavirus State and Local Fiscal Recovery Funds (SLFRF) to purchase four parcels (Assessor's Parcel Numbers 8594-002-034,8594-002-038,8594-002-039, and 8594-027-052) located along Hart Avenue and Marshall Street. SLFRF may be used for activities that are eligible under Section 105(a) of the Housing and Community Development Act of 1974 (Title I projects) and the Community Development Block Grant (CDBG) program, which allow for the acquisition of real property that is blighted, deteriorated, deteriorating, undeveloped, or inappropriately developed from the standpoint of sound community development and growth. Title I projects must also satisfy at least one CDBG National Objective in order to utilize SLFRF. This Project would satisfy the National Objective relating to "Spot Slum/Blight," which allows for acquisition activities that "eliminate specific conditions of blight or physical decay on a spot basis not located in a designated slum or blighted area' In addition, the Project is categorically excluded subject to Section 58.5 (CEST) pursuant to the Code of Federal Regulations (CFR), Title 24, Section 58.35(a)(5): Acquisitan (including leasing) or disposition of, orequityloans on an existing structure, or acquisition (including leasing) of vacant land provided that the structure orland acquired, financed, or disposed of wiNberetainedfor the same use. As such, Michael Baker will prepare a CEST environmental review document (CEST Form) for the Project. The following sections of this letter proposal identify our proposed project team, scope of work schedule, and fee to complete the Project's CEST Form. 3760 Kilroy Airport Way, Suite 2701 Long Beach, CA 90806 MBAKERINTL.COM Office- 56a20a71651 Fax 562-2o67i661 mbakerintkom Michael Baker International, Inc. Page 12 of 19 Page 2 9208 Marshall Street Acquisition Project NEPA Documentation PROJECT TEAM John Bellas will serve as the project director for the Project. With over 20 years of environmental planning experience, he has managed the preparation of numerous NEPA and CEQA documents for a wide range of projects, including land development projects, long-range plans and programs, and capital improvement projects. Notably, John has prepared numerous HUD NEPA and CEQA documents for jurisdictions throughout California, including EA/FONSIs and Statutory Worksheets for the cities of Pasadena, Santa Cladta, Lawndale, and Rosemead. As project director, John will oversee the following staff working to complete the Project. Kathalyn Tung, Senior Environmental Planner, will be the day-to-day project manager for the Project. She has 16 years of experience assisting in and managing the preparation of environmental documentation in accordance with NEPA for a variety of federal actions, including housing projects and coastal and water infrastructure construction. Kathalyn has also assisted in and managed the preparation of NEPA and CEQA documents for housing construction and infrastructure improvement projects in California. SCOPE OF WORK As stated above, the Project appears to qualify as an activity that is categorically excluded pursuant to 24 CFR 58.35(a)(5). Thus, Michael Baker will prepare a CEST Form for the City. The content of the CEST Form will be consistent with HUD's recommended format pursuant to 24 CFR Part 58. The analysis will include all required determinations and compliance documentation for the laws and authorities specified in 24 CFR Sections 50.4, 58.6, and 58.5. The following are the primary compliance factors of the CEST Form: Airport Hazards, Coastal Barrier Resources, Flood Insurance, Clean Air, Coastal Zone Management, Contamination and Toxic Substances, Endangered Species, Explosive and Flammable Hazards, Farmlands Protection, Floodplain Management, Historic Preservation, Noise Abatement and Control, Sole Source Aquifers, Wetlands Protection, Wild and Scenic Rivers, and Environmental Justice. The CEST Form will also include several HUD -required summary sections, including mitigation measures, funding breakdown, and summary of findings and conclusions. Please note that this scope of work assumes that no mitigation or other compliance steps (i.e., additional reports, studies, consultations, permits, or agreements) would be required other than those identified herein. Further, this scope assumes that the activity described forthis Project would have "no potential to cause effects" on historic properties as defined in 36 CFR Section 800.3 and would have no further obligations under Section 106 of the National Historic Preservation Act. Note, since this scope of work assumes the Project would not have any impacts requiring mitigation, the Project can convert to exempt and no compliance/consultation with regulatory authorities are required. Therefore, a Notice of Intent/Request for the Release of Funds (NO1/RROF) and public review of the NEPA document would not be necessary. Upon receipt of specific project information and/or completion of background research, if sensitive resources or environmental concerns are identified that would require more detailed environmental analysis (Le., additional reports/assessments, technical studies or regulatory agency permits) than included herein, Michael Baker will notify the City immediately and supplemental services/work effort may be required. Michael Baker International, Inc. Page 13 of 19 Page 3 9208 Marshall Street Acquisition Project NEPA Documentation This scope of work assumes that Michael Baker will prepare an administrative draft CEST Form for City review. Michael Baker will address the City's comments on the administrative draft CEST Form and will submit a proofcheck draft of the CEST Form for the City's final review. Following the final review by the City, Michael Baker will provide the final version and related attachments, which will be shared with the City electronically. Michael Baker will compile an Environmental Review Record (ERR) pursuant to 24 CFR 5838(d). The ERR will be in digital format and will include copies of all source/compliance documentation. • Administrative draft CEST Form (electronic) • Proofcheck draft CEST Form (electronic) • Final CEST Form (electronic) • ERR(electronic) SCHEDULE Michael Baker is committed to completing the project in a time frame that meets the City's needs. We anticipate executing the scope of work outlined above in the following timeline: Tasks/Milestones Duration Timeline Kickoff meeting or email communication describing the Project 1 day mmZ Week 1 Prepare administrative draft CEST Form 3weeks Weeks 1-3 City review of administrative draft CEST Form lweek Week4 Michael Bakerfinalizes CEST Form <1 week Week Provide a copy of the ERR to the City <1 week Week 5 • This scope of work assumes no mitigation or compliance steps would be required and the project would convert to exempt. As such, publishing a Notice of Intent/Request for Release of Funds (NOI/RROF) would not be necessary. if mitigation or more detailed envlronmental analysis Is required, Michael Baker will notify the City immediately and supplemental services/work effort may be required. FEE The proposed firm fixed price for this scope of work is $5,800. ASSUMPTIONS Michael Baker makes no assumptions regarding the appropriate NEPA documentation for the Project. Should the environmental analysis reveal that an environmental assessment is the appropriate NEPA document for the Project, Michael Baker would be available to prepare the document under a scope and cost amendment perthe mutual agreement of the City and Michael Baker. Michael Baker International, Inc. Page 14 of 19 Page 4 9208 Marshall Street Acquisition Project NEPA Documentation Michael Baker assumes that the City will provide any available project plans or technical studies relevant to completing the NEPA documentation for the Project If additional technical studies other than those detailed below become necessary, Michael Baker would be available to conduct the studies per the mutual agreement of the City and Michael Baker. Michael Baker has included one City review of the administrative draft version of the CEST Form included in our scope of work, as well as one proof -check draft version. Should multiple reviews substantively beyond those included in our scope of work be requested by the City, additional Michael Baker staff time may be necessary beyond the established budget Should such a scenario arise, we would work with the City to seek mutually agreeable budget augmentation. Michael Baker assumes that the project description will not substantively change during the assignment. Should the project description change during the course of the work, additional Michael Baker staff time may be necessary beyond the established budgetto revise/updatethe document and the analysis. Should such a scenario arise, we would work with the City to seek mutually agreeable budget augmentation. CLOSURE Michael Baker appreciates the opportunity to submit this proposal. Our proposed scope of work and corresponding fee have been developed to meet the City's needs and to satisfy NEPA requirements for the proposed project. However, should the services proposed herein exceed or fall short of your expectations, Michael Baker would appreciate the opportunity to meet with you to review your concerns, make the appropriate modifications to the scope of work, and revise the proposed fee accordingly. Michael Baker stands ready to proceed with the proposed scope of work upon the City's authorization. If you have any questions regarding this proposal, please do not hesitate to contact John Bellas, Project Director, at (562) 200-7170 or ibellasf&mbakerintl.com or Kathy Tung, Project Manager, at (213) 372-1014 or kathalvn.tunoi Michael Baker International, Inc. Page 15 of 19 EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross- liability exclusion precluding coverage for claims or suits by one insured against another. Michael Baker International, Inc. Page 16 of 19 Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1 Million per occurrence. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend the Named Insured. The policy retroactive date shall be on or before the effective date of this agreement. Acceptable insurers: All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders'Rating of A- (or higher) and Financial Size Category Class Vll (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the Agency's Risk Manager. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: Consultant agrees to have its insurer endorse the third -party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 (or otherwise consistent with the insurer's endorsement). Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. Michael Baker International, Inc. Page 17 of 19 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. A ten (10) day notice to City shall apply to nonpayment of premiums. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage (except Professional Liability and Workers' Compensation) required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self-insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Michael Baker International, Inc. Page 18 of 19 Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of thisAgreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. Michael Baker International, Inc. Page 19 of 19 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted assuch. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. CERTIFICATE OF LIABILITY INSURANCE GATE`MMnD 03252D2d 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 policyges( must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject W 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 endorsemends). PRODUCER CONTACT Aon Risk Services Central, Inc. Pittsburgh PA Office EQT Plaza - Suite 2700 625 Liberty Avenue Pittsburgh PA 15222-3110 USA PHONE FAX IwC. xo. (866) 283-7122 IArX. No.I: (800) 363-0105 E-MAIL ADDRE..: INSURER(3) AFFORDING COVERAGE NAICa INSURED INSURER A: XL Insurance America Inc 24554 Michael Baker International, Inc. INSURER B: Allied world Surplus Lines Insurance Cc 24319 3100 Zinfandel Drive,uite 125 Suite Uta Rancho Cordova CA 95 & INSURFRC: American Guarantee Liability Ins Cc 26247 INSURER D. Zurich American Ins Co 16535 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570104782893 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 SUBJECTTO ALLTHE TERMS, Limits shown are as requested /LTR TYPE OF INSURANCE AINS. WIND POIJLY NUMBER IMNmDOIYYYY) IN DIY(�I LIMITS D X COMMERCWLGENERALLIABHU GLO419728102 24 EACHOCCURRENLE $2,000,000 CLAIMS -MADE X❑OLCLIR PREMISES(Eaoccurrence) $1,000,000 MED EXP (Any one person) $10,000 PERSONAL S ADV INJURY $2,000,006 GEN L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $4,000,000 POLICY E PRO El LOC JECT PRODUCTS - COMPIOP AGO $4,000,000 OTHER: D AUTOMOBILE LABILITY BAP 4197284 02 08/30/2023 08/30/2024 COMBINED SINGLE LIMIT $2,006,660 (Ea accmemt BODILY INJURY I Per Person) x AUYAUTO BODILY INJURY (Per am,eenn OWNED SCHEDULED AUTOS ONLY AUTOS PROPERTY DAMAGE NON-0WNED X HIREDAVI09 X AUTOS ONLY ONLY (P¢raaleem) o x UMBRELIALAB x OCCUR AUC053258205 08/30/2023 08/30/2024 EACH.LDFRENCE $10,000,00 AGGREGATE $10,000,06 EXCESS IIA. CWMSMADE OED 1 x RETENTION 510,000 D WORKERS COMPENSATION AND WC419728202 08/30/2023 08/30/2024 X I PER STATUTE OTH- ER EMPLOYERS' LABILT' DIN ADS EL. EACH ACCIDENT $1,000,006 D ANY PROPRIETOR? PARTNER/ NIA WC419728502 08/30/2023 08/30/2020 E L DISEASE -EA EMPLOYEE $1,606,060 EXECUTIVE 1. NHU WMEMBER In NHI wI rjes ceury er Dyes SORPTION OEBLRIPTION OF OPEMTIONB telcw OF O EL OICEABEFOLILY LIMIT $1,000,00 B E&O - Professional Liability 03124806 08/30/2023 08/30/2024 Per Claim $5,000,00 Primary Claims Made Aggregate $5,000,000 SIR applies per policy tarts & condi ions DESCRIPTION OF OP.I.N.I LOCATIONS/ VEHICLES ACORD 101, AEEIBonal RemaMa Sched.1 , Per, Be NAchW N Ton., -la reN.L.) RE: MB Project Name: Environmental Consultant Services for City Of Rosemead. City, its officials, employees and agents are included as Additional Insured in accordance with the policy provisions of the General Liability policy. General Liability an Automobile Liability policies evidenced herein are Primary and Non -Contributory to other insurance available to an Additional Insured but only in accordance with the policy provisions. A waiver of Subrogation is granted in favor of City, its officials, employees and agents in accordance with the policy provisions of the General Liability, Automobile Liability, Umbrella Liability, Professional Liability and workers' Compensation policies. should General Liability, Automobile Liability and workers' Compensation policies be cancelled before the expiration date thereof, the policy provisions of each policy will CERTIFICATE HOLDER CANCELLATION _ SHWLO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEWERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of ROsemeadx I AUTHORIZED REPRESENTATIVE Attn: City Manager 8838 E. VCA ey BOUISVdr CA d t� 6L� Rosemead 91770 USA C.l� GO 01988-2015 ACORD CORPORATION. All rights reserved ACORD 25 (2016/03( The ACORD name and logo are registered marks of ACO AGENCY CUSTOMER ID: 570000027699 LOC #: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk services central, Inc. NAMED INSURED Michael Baker international, Inc. POLICY NUMBER see certificate Number: 570104782893 CARRIER See certificate Number: 570104782893 I NAIL CODE eEEec.I EDAre ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, Lorao,m rvenmle:: govern how notice of cancellation may be delivered to certificate holders in accordance with the policy provisions of each policy. ACORD 101 (20011101) 0 MOB ACORD CORPORATION. All nights reserved. TTe ACORD name and logo are registered marks of ACORD 0 Blanket Notification to Others of Cancellation ZURICH or Non -Renewal THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 4197281-02 Effective Date: 08/30/2023 This endorsement applies to insurance provided under the: Commercial General Liability Coverage Part A. If we cancel or non -renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non -renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. Such list: 1. Must be provided to us prior to cancellation or non -renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non -renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non -renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within 10 days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non -renewal, but not including conditional notice of renewal, unless a greater number of days is shown in the Schedule of this endorsement for the mailing or delivering of such notification with respect to Paragraph B.I. or Paragraph B.2. above. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non -renewal date; 2. Negate the cancellation or non -renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. U -GL -1521-B CW (01/19) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. SCHEDULE The total number of days for mailing or delivering with respect to Paragraph B.I. of this endorsement is amended to indicate the following number of days: The total number of days for mailing or delivering with respect to Paragraph B.2. of *, this endorsement is amended to indicate the following number of days: * If a number is not shown here, 10 days continues to apply. ** If a number is not shown here, 30 days continues to apply. All other terms and conditions of this policy remain unchanged. U -GL -1521-B CW (01/19) Page 2 of 2 Includes copyrighted material of Insurance services Office, Inc., with its permission. Blanket Notification to Others of Cancellation or Non -Renewal 0 ZURICH Policy No. Eff. Date of Pot. Exp. Date of Pol. Eff. Date of End. Producer No. AWL Prem Return Prem. BAP 4197284-02 08/30/2023 08/30/2024 15939000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part A. If we cancel or non -renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non -renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list: 1. Must be provided to us prior to cancellation or non -renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non -renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non -renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non -renewal, but not including conditional notice of renewal. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non -renewal date; 2. Negate the cancellation or non -renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. All other terms and conditions of this policy remain unchanged. U -CA -832-A CW (01/13) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY U -WC -3078-A CW (08/17) CANCELLATION AND NONRENEWAL NOTICE ENDORSEMENT A. Part Six — Conditions, Paragraph D.2. is replaced by the following: D. Cancellation 2. We may cancel this policy. We must mail or deliver to you not less than 90 days advance written notice stating when the cancellation is to take effect except for cancellation for non-payment of premium. If we cancel this policy for non-payment of premium we must mail or deliver to you not less than ten days advance written notice. Mailing that notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice. B. Part Six — Conditions, Paragraph F. is added. F. Nonrenewal Notice We will mail or deliver to you not less than 90 days advance written notice of our intention to nonrenew this policy. Mailing that notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice. All other terms, conditions, provisions and exclusions of this policy remain the same. U -WC -3078-A CW (08/17) Page 1 of 1 Policy # WC4197282-02