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HomeMy WebLinkAboutSancon Technologies Inc; 2019-05-07; PWM19-777UTILRECORDED REQUESTED BY CITY OF CARLSBAD DOC# 2019-0427102 111111111111 lllll 111111111111111 lllll lllll 1111111111111111111111111111 Sep 26, 2019 03:21 PM OFFICIAL RECORDS Ernest J. Dronen burg, Jr, AND WHEN RECORDED PLEASE MAIL TO: SAN DIEGO COUNTY RECORDER FEES $0.00 (S82 Atkins $0 00) PAGES 1 City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Space above this line for Recorder's use. PARCEL NO: n/a NOTICE OF COMPLETION Notice is hereby given that: 1. 2. 3. 4. 5. 6. 7. 8. The undersigned is owner of the interest or estate stated below in the property hereinafter described. The full names of the undersigned are City of Carlsbad, a municipal corporation. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. The nature of the title of the undersigned is: In fee. J l.J J y A work or improvement on the property hereinafter described was completed on~ 11, 2019. The name of the contractor for such work or improvement is Sancon Technologies, Inc. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Project No. 5503 (PWM19-777U_TIL), Rehabilitate Four Sewer Manholes on Ocean Street. The street address of said property is along Ocean Street in the City of Carlsbad. , City Manager VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carhbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on Stpfcm bu / q -J, , 2o_jj_, accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on Stottmhr /ft~ 20Ji, at Carlsbad, California. , CIT?r~ ~ flecfer Gamez 4, BARBARA ENGLESON Depvt-~ ci+44 C)ell£ City Clerk U (/ Q:\Public Works\PW Common\CAPITAL-ACTIVE\5503 Rehabilitate Four Sewer Manholes on Ocean Street\NOC (Public and Private) -revised 2019-02-07.doc CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Sancen Technologies, Inc. has completed the contract work required for Project No. 5503 (PWM19-777UTIL), Rehabilitate Four Sewer Manholes on Ocean Street. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS VALUE Rehabilitation of 4 sewer manholes $15,375 CERTIFICATION OF COMPLETION OF IMPROVEMENTS "l+l&ots D~te 1 CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described contract is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carlsbad is hereby directed to commence maintaining the above described improvements. APPROVED AS TO FORM: CELIA BREWER, City Attorney Date a 1· /tf, I J Q:\Publ1c Works\PW Common\CAPITAL-ACTIVE\5503 Rehabilitate Four Sewer Manholes on Ocean Street\API (Public Works) -revised 2019-02-07.doc PWM19-777UTIL REHABILITATE FOUR SEWER MANHOLES CONT. NO. 5503 Page 1 of 6 City Attorney Approved 9/27/16 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT REHABILITATE FOUR SEWER MANHOLES ON OCEAN STREET; CONT. NO. 5503 This agreement is made on the ______________ day of _________________________, 2019, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Sancon Technologies, Inc., a California corporation whose principal place of business is 5841 Engineer Drive, Huntington Beach, CA 92649 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor’s proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Don Wasko (City Project Manager) WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. DocuSign Envelope ID: 8129BAB4-FCCD-4993-8A29-DAFE3543807C 7th May PWM19-777UTIL REHABILITATE FOUR SEWER MANHOLES CONT. NO. 5503 Page 2 of 6 City Attorney Approved 9/27/16 FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: ____________________________________ Print Name: Charles B. Parsons REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers’ Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than……..$1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ….…$1,000,000 Property damage insurance in an amount of not less than……..$1,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The automobile insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY. Workers’ Compensation limits as required by the California Labor Code. Workers’ Compensation will not be required if Contractor has no employees and provides, to City’s satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. DocuSign Envelope ID: 8129BAB4-FCCD-4993-8A29-DAFE3543807C PWM19-777UTIL REHABILITATE FOUR SEWER MANHOLES CONT. NO. 5503 Page 3 of 6 City Attorney Approved 9/27/16 INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys’ fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within five (5) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within sixty (60) working days after receipt of Notice to Proceed. CONTRACTOR’S INFORMATION. Sancon Technologies, Inc. 5841 Engineer Drive (name of Contractor) 774055 (street address) Huntington Beach, CA 92649 (Contractor’s license number) A-General Engineering Contractor; C31- Construction Zone Traffic Control; C10- Electrical; B-General Building Contractor 1/31/20 (city/state/zip) 714-891-2323 (license class. and exp. date) 1000008879 (telephone no.) 714-891-2524 (DIR registration number) 6/30/19 (fax no.) chuck@sancon.com (DIR registration exp. date) (e-mail address) /// /// /// /// /// /// /// DocuSign Envelope ID: 8129BAB4-FCCD-4993-8A29-DAFE3543807C PWM19-777UTIL REHABILITATE FOUR SEWER MANHOLES CONT. NO. 5503 Page 4 of 6 City Attorney Approved 9/27/16 AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR SANCON TECHNOLOGIES, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Charles B. Parsons, President & CFO Vicki Quiram, Utilities Director as authorized by the City Manager (print name/title) By: (sign here) (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: 8129BAB4-FCCD-4993-8A29-DAFE3543807C PWM19-777UTIL REHABILITATE FOUR SEWER MANHOLES CONT. NO. 5503 Page 5 of 6 City Attorney Approved 9/27/16 EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to be Subcontracted Business Name and Address DIR Registration No. License No., Classification & Expiration Date % of Total Contract NONE Total % Subcontracted: __0%_ The Contractor must perform no less than fifty percent (50%) of the work with its own forces DocuSign Envelope ID: 8129BAB4-FCCD-4993-8A29-DAFE3543807C PWM19-777UTIL REHABILITATE FOUR SEWER MANHOLES CONT. NO. 5503 Page 6 of 6 City Attorney Approved 9/27/16 EXHIBIT B REHABILITATE FOUR SEWER MANHOLES ON OCEAN STREET JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 4 Contractor to provide traffic control, perform surface preparation including mortar repair and grout injection where required and apply Quadex epoxy @ 125 mils. for the following four sewer manholes: $15,375 Sewer Manhole Asset No. 9D-9, 2685 Ocean Street Sewer Manhole Asset No. 9D-24, 2687 Ocean Street Sewer Manhole Asset No. 9C-1, 2633 Ocean Street Sewer Manhole Asset No. 9C-2, 2505 Ocean Street TOTAL* $15,375 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: 8129BAB4-FCCD-4993-8A29-DAFE3543807C 09/10/2018 Poms & Associates Insurance Brokers CA License #0814733 5700 Canoga Ave. #400 Woodland Hills CA 91367 Pamela De Guzman (800) 578-8802 (818) 449-9321 PDeguzman@PomsAssoc.com Sancon Technologies, Inc. 5841 Engineer Drive Huntington Beach CA 92649 Admiral Insurance 24856 Ohio Casualty Insurance Company 24066 State Compensation Insurance Fund 35076 18-19 MASTER COI A Y FEIECC2281002 07/03/2018 10/01/2019 1,000,000 100,000 10,000 1,000,000 2,000,000 2,000,000 B BAA1956177090 07/01/2018 07/01/2019 1,000,000 A FEIEXS2281102 07/03/2018 10/01/2019 5,000,000 5,000,000 C Y 9018172-18 07/13/2018 07/13/2019 1,000,000 1,000,000 1,000,000 A Commercial Pollution FEIECC2281002 07/03/2018 10/01/2019 Each Occurrence $1,000,000 Aggregate $2,000,000 RE: Rehabilitate One Section of Sewer Main and Two Manholes The City of Carlsbad, its officials, employees, and volunteers are Included as Additional insured hereunder as respects to Liability arising out of activities performed by or on behalf of the Named Insured. Said Insurance is Primary Non-Contributory. Waiver of Subrogation for the Workers Comp applies in favor of same entities. Endorsements per attached. Cancellation Provisions is also enclosed. City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCEDAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY Sancon Technologies, Inc. Endorsement Number: 5 ECC-319-0712 Automatic Additional Insured – Owners, Lessees or Contractors This endorsement, effective 7/3/2018 attaches to and forms a part of Policy Number FEI-ECC-22810-02. This endorsement changes the Policy. Please read it carefully. In consideration of an additional premium of $Applied, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that contract. The person or organization shown in this Schedule is included as an insured, but only with respect to that person’s or organization’s vicarious liability arising out of your ongoing operations performed for that insured. Sancon Technologies, Inc. Endorsement Number: 30 CG 20 37 04 13 © ISO Properties, Inc., 2016 Additional Insured – Owners, Lessees or Contractors – Completed Operations This endorsement, effective 7/3/2018 attaches to and forms a part of Policy Number FEI-ECC-22810-02. This endorsement changes the Policy. Please read it carefully. In consideration of an additional premium of $Applied, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that contract. Those project locations where this endorsement is required by contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Sancon Technologies, Inc. Endorsement Number: 30 CG 20 37 04 13 © ISO Properties, Inc., 2016 B.With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Sancon Technologies, Inc. Endorsement Number: 1 EXS-211-0712 Common Policy Conditions Endorsement This endorsement, effective 7/3/2018 attaches to and forms a part of Policy Number FEI-EXS-22811-02. This endorsement changes the Policy. Please read it carefully. In consideration of the premium charged, and notwithstanding anything contained in this policy to the contrary, it is hereby agreed that all coverage parts included in this policy are subject to the following conditions: A.CANCELLATION The named insured may cancel this policy by mailing to the Company written notice stating when thereafter such cancellation shall become effective. The Company may cancel this policy by mailing to the named insured, at the mailing address specified the Declarations, written notice stating when not less than thirty (30) days thereafter such cancellation shall become effective, except in the event of the named insured's nonpayment of premium, not less than ten (10) days advance notice of cancellation shall be given. The mailing of notice as aforesaid, shall be sufficient proof of either party's intent to cancel. The effective date of cancellation specified in such notice shall terminate this policy period. Delivery of such notice shall be equivalent to mailing. If the named insured cancels, the earned premium shall be computed in accordance with the customary short rate table. If the Company cancels, the earned premium shall be computed pro rata. The Company will tender any return premium subject to retaining a minimum earned premium equal to 25% of the amount specified in the Declarations. Premium adjustment may be made either at the time cancellation is effective or as soon as practicable thereafter, but tender of the unearned premium or return of this policy, shall not be conditions precedent to cancellation hereunder. B.CHANGES No provision of this policy may be amended, waived or otherwise changed, except by endorsement hereto.