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HomeMy WebLinkAboutHabitat Restoration Sciences Inc; 2019-01-04; PWM19-702GS. \ ~ RECORDED REQUESTED BY I l CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Ca~lsbad Village Drive Carlsbad, California 92008 DOC# 2019-0266787 111111111111 lllll 111111111111111 lllll lllll 1111111111111111111111111111 Jul 05, 2019 11 :35 AM OFFICIAL RECORDS Ernest J. Dronen burg, Jr , SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins $0.00) PAGES 1 Space above this line for Recorder's use. PARCEL NO: 255-023-01-00 NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full names of the undersigned are City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on May 8, 2019. 6. The name of the contractor for such work or improvement is Habitat Restoration Sciences. 7. 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. PWM19-702GS and Project Name: Erosion Control at Two Locations. 8. The street address of said property is at intersection of Oliven ha in Rd. & El Camino Real, in the City of Carlsbad. CITY ,OF CARLSBAD ttt~~ GI<,. "-L-Mt ¥ Scott Ch~k, City Manager VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on 'Ji,ne G17 , 20_1j__, 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 JV flt '9 » , 20 I '1, at Carlsbad, California. City Clerk Q \Public Works\General Services\Agreements & Contracts\Habitat Restoration Sciences\Erosion Control at Two Locations -PWM19-702GSINOCl2.NOC -Erosion Control at Two Locations -PWM19-702GS.docx CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Habitat Restoration Sciences has completed the contract work required for PWM19-702GS - Erosion Control at Two Locations. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS Erosion Control at Olivenhain Rd. and El Camino Real VALUE $6,800 CERTIFICATION OF COMPLETION OF IMPROVEMENTS Date 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. &~ o/ Scott Ch~. City Manager Date APPROVED AS TO FORM: CELIA BREWER, City Attorney Q \Public Works\General Services\Agreements & Contracts\Habitat Restoration Sciences\Erosion Control at Two Locations -PWM19-702GS\NOC\3.API -Erosion Control at Two Locations -PWM19-702GS.docx CONTRACT CHANGE ORDER NO. 1 PROJECT: EROSION CONTROL AT TWO LOCATIONS: OLIVENHAIN ROAD AND ELCAMINO REAL; TAMARACK AVENUE AND EL CAMINO REAL. CONTRACT NO. PWM19-702GS ACCOUNT NO. CONTRACTOR: ADDRESS: 1527000 9060 60811 9066 HABITAT RESTORATION SCIENCES, INC. 1217 DISTRIBUTION WAY VISTA, CA 92081 P.O. NO. P136895 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. Pursuant to the Standard Specifications for Public Works Construction, perform the following: 1 j Delete bid ,tern 5. apply BFM at the intersection of El Camino Real and Tamarack Avenue. __ Total cost not to exceed.. .. . . .. .. .. . ...... -$5,400 TOTAL DECREASE TO CONTRACT COST .................................................... $5,400 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY 10 WORKING DAYS AS A RESULT OF THIS CHANGE ORDER. APPROVED BY !)~ '--/-1-!i ::3£2<~ tf /3 /;, S MANAGER (DATE) CONTRACTOR (DATE) 4,\1-3h1 EN (DATE) APPROVED AS TO FORM (DATE) DISTRIBUTION INSPECTION FILE (ORIGINAL), PURCHASING, CONTRACTOR PWM19-702GS Erosion Control at Two Locations: Olivenhain Road & El Camino Real; Tamarack Avenue & El Camino Real; Cont. No. 6081 Page 1 of 9 City Attorney Approved 9/27/16 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT EROSION CONTROL AT TWO LOCATIONS: OLIVENHAIN ROAD AND EL CAMINO REAL; TAMARACK AVENUE AND EL CAMINO REAL This agreement is made on the ______________ day of _________________________, 2019, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Habitat Restoration Sciences, Inc., a California corporation whose principal place of business is 1217 Distribution Way, Vista, CA 92081 (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: Clayton Dobbs (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: DEA53118-C224-44B3-983C-FED7CAABB719 4th January PWM19-702GS Erosion Control at Two Locations: Olivenhain Road & El Camino Real; Tamarack Avenue & El Camino Real; Cont. No. 6081 Page 2 of 9 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: _Robert Kyle Matthews________________ 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. DocuSign Envelope ID: DEA53118-C224-44B3-983C-FED7CAABB719 PWM19-702GS Erosion Control at Two Locations: Olivenhain Road & El Camino Real; Tamarack Avenue & El Camino Real; Cont. No. 6081 Page 3 of 9 City Attorney Approved 9/27/16 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. 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 ten (10) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within thirty (30) working days after receipt of Notice to Proceed. CONTRACTOR’S INFORMATION. Habitat Restoration Sciences, Inc. 1217 Distribution Way (name of Contractor) 842661 (street address) Vista, CA 92081 (Contractor’s license number) A & C-27 7/31/2020 (city/state/zip) 760-479-4210 (license class. and exp. date) 1000003125 (telephone no.) 760-479-4190 (DIR registration number) 6/30/2019 (fax no.) kmatthews@hrs.dudek.com (DIR registration exp. date) (e-mail address) /// /// /// /// /// /// DocuSign Envelope ID: DEA53118-C224-44B3-983C-FED7CAABB719 PWM19-702GS Erosion Control at Two Locations: Olivenhain Road & El Camino Real; Tamarack Avenue & El Camino Real; Cont. No. 6081 Page 4 of 9 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, HABITAT RESTORATION SCIENCES, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Robert Kyle Matthews, Vice President Paz Gomez, Public Works Director as authorized by the City Manager (print name/title) By: (sign here) Cynthia Thompson, Secretary (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: DEA53118-C224-44B3-983C-FED7CAABB719 PWM19-702GS Erosion Control at Two Locations: Olivenhain Road & El Camino Real; Tamarack Avenue & El Camino Real; Cont. No. 6081 Page 5 of 9 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 Total % Subcontracted: _______________ The Contractor must perform no less than fifty percent (50%) of the work with its own forces DocuSign Envelope ID: DEA53118-C224-44B3-983C-FED7CAABB719 None 0None None NoneNone None None 0% None None 0 PWM19-702GS Erosion Control at Two Locations: Olivenhain Road & El Camino Real; Tamarack Avenue & El Camino Real; Cont. No. 6081 Page 6 of 9 City Attorney Approved 9/27/16 EXHIBIT B Erosion Control at Two Locaitons Olivenhain Road and El Camino Real; Tamarack Avenue and El Camino Real Olivenhain Road and El Camino Real: The Contractor will provide all labor, equipment and materials necessary to remove and dispose of existing erosion control measures that are along the westbound right- of-way of Olivenhain Road, just east from the intersection of El Camino Real (See Exhibit C for location map). The Contractor will remove and dispose of approximately 425 LF linear feet of all existing 8” straw waddles; and will remove and dispose of approximately 425 LF (linear feet) of all silt fencing and stakes. Once the removal efforts are complete, the Contractor will install approximately 425 linear feet of new 12” straw waddles, staking at the toe of the slope, three feet behind the public right-of-way line. The Contractor will apply hydroslurry, bonded fiber matrix (BFM), to approximately 2,500 SF (square feet) to the westerly slope (See Exhibit C for location map and approved seed list). The hydroslurry (BFM) will be applied per Caltrans Standard Specifications, 2015, and CASQA EC-5. Tamarack Avenue and El Camino Real: The Contractor will provide all labor, equipment and materials necessary to apply hydroseed (BFM) over 30,000 SF (square feet) at the northeast corner of the intersection of El Camino Real and Tamarack Avenue (See Exhibit C for location map and approved seed list). The hydroslurry (BFM) will be applied per Caltrans Standard Specifications, 2015, and CASQA EC-5. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LF 425 Remove and dispose of both existing 8” straw waddle and staking at the northeast corner of the intersection of Olivenhain Road and El Camino Real. $1,275 2 LF 300 Remove and dispose of both silt fence and staking at the northeast corner of the intersection of Olivenhain Road and El Camino Real. $900 3 LF 425 Install 12” Straw waddle at toe of slope behind on public right-of-way line at the northeast corner of the intersection of Olivenhain Road and El Camino Real. $2,125 4 SF 2,500 Apply hydroslurry (BFM), with approved seed mix, at the northeast corner of the intersection of Olivenhain Road and El Camino Real. $2,500 5 SF 30,000 Apply hydroslurry (BFM), with approved seed mix, at the northwest corner of the intersection of El Camino Real and Tamarack Avenue. $5,400 TOTAL* $12,200 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: DEA53118-C224-44B3-983C-FED7CAABB719 PWM19-702GS Erosion Control at Two Locations: Olivenhain Road & El Camino Real; Tamarack Avenue & El Camino Real; Cont. No. 6081 Page 7 of 9 City Attorney Approved 9/27/16 EXHIBIT C Erosion Control at Two Locations: Olivenhain Road and El Camino Real; Tamarack Avenue and El Camino Real Approved Seed Mixes and Locations Approved Hydroslurry Seed Mix - Olivenhain Road at El Camino Real Apply bonded fiber matrix Remove existing waddle Remove existing silt fence, install new waddle 3’ from ROW Waddle to remain, apply BFM DocuSign Envelope ID: DEA53118-C224-44B3-983C-FED7CAABB719 PWM19-702GS Erosion Control at Two Locations: Olivenhain Road & El Camino Real; Tamarack Avenue & El Camino Real; Cont. No. 6081 Page 8 of 9 City Attorney Approved 9/27/16 EXHIBIT C (cont.) Erosion Control at Two Locations: Olivenhain Road and El Camino Real; Tamarack Avenue and El Camino Real Approved Seed Mixes and Locations Approved Hydroslurry Seed Mix - Tamarack Avenue at El Camino Real DocuSign Envelope ID: DEA53118-C224-44B3-983C-FED7CAABB719 PWM19-702GS Erosion Control at Two Locations: Olivenhain Road & El Camino Real; Tamarack Avenue & El Camino Real; Cont. No. 6081 Page 9 of 9 City Attorney Approved 9/27/16 EXHIBIT C (cont.) Erosion Control at Two Locations: Olivenhain Road and El Camino Real; Tamarack Avenue and El Camino Real Approved Seed Mixes and Locations Approved Hydroslurry Seed Mix - Tamarack Avenue at El Camino Real Apply BFM DocuSign Envelope ID: DEA53118-C224-44B3-983C-FED7CAABB719 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS'LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A(Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE 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), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD HABIT-1 OP ID: VP 06/29/2018 Rancho Mesa Insurance Services Rancho Mesa Insurance Services250 Riverview Parkway #401Santee, CA 92071 619-937-0164 619-937-0168 National Fire Ins Co of Htfd Continental Insurance CompanyHabitat Restoration Sciences,Inc.1217 Distribution WayVista, CA 92081 Navigators Insurance Company Oak River Insurance Company Westchester Surplus Lines Ins Lloyds of London 3 A X 1,000,000 X XX6049996792 07/15/2018 07/15/2019 100,000 X 15,000 1,000,000 2,000,000 X 2,000,000 1,000,000B X 6049951075 07/15/2018 07/15/2019 XX 1000/1000 X 10,000,000 X C LA18EXC877609IV 07/15/2018 07/15/2019 10,000,000 XD X HAWC910097 07/15/2018 07/15/2019 1,000,000 1,000,000 1,000,000 E G46788084002 07/15/2018 07/15/2019 POLLUTION 2MILL/2MILL F PROFESSIONAL LIAB ANE175995318 07/15/2018 07/15/2019 PROF LIAB 2MILL/2MILL RE: AGREEMENT #TRAN1535 - LONG TERM MAINTENANCE SERVICES FOR THE CALAVERA PALM GROVE MITIGATION SITE. THE CITY OF CARLSBAD AND ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSURED PER FORM CNA75079XX (10-16)ATTACHED. **30 day notice of cancellationexcept 10 days for non-pay.(cpagp) CITYC10 CITY OF CARLSBAD/CMWD c/o EXIGIS INSURANCE COMPIANCE SERVICES P.O. BOX 4668 - ECM #35050 NEW YORK, NY 10163-4668 619-937-0164 20478 35289 42307 34630 10172 COMP/COLL DED PD DED 1,000 POLLUTION LIAB CNA PARAMOUNT Blanket Additional Insured -Owners,Lessees orContractors-with Products-CompletedOperationsCoverageEndorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I.WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part,but only with respect to liability for bodily injury,property damage or personal and advertising injury caused in whole or in part by your acts or omissions,or the acts or omissions of those acting on your behalf: A.in the performance of your ongoing operations subject to such written contract;or B.in the performance of your work subject to such written contract,but only with respect to bodily injury or property damage included in the products-completed operations hazard,and only if: 1.the written contract requires you to provide the additional insured such coverage;and 2.this coverage part provides such coverage. II.But if the written contract requires: A.additional insured coverage under the 11-85 edition,10-93 edition,or 10-01 edition of CG2010,or under the 10- 01 edition of CG2037;or B.additional insured coverage with "arising out of"language;or C.additional insured coverage to the greatest extent permissible by law; then paragraph I.above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part,but only with respect to liability for bodily injury,property damage or personal and advertising injury arising out of your work that is subject to such written contract. III.Subject always to the terms and conditions of this policy,including the limits of insurance,the Insurer will not provide such additional insured with: A.coverage broader than required by the written contract;or B.a higher limit of insurance than required by the written contract. IV.The insurance granted by this endorsement to the additional insured does not apply to bodily injury,property damage,or personal and advertising injury arising out of: A.the rendering of,or the failure to render,any professional architectural,engineering,or surveying services, including: 1.the preparing,approving,or failing to prepare or approve maps,shop drawings,opinions,reports,surveys, field orders,change orders or drawings and specifications;and 2.supervisory,inspection,architectural or engineering activities;or B.any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V.Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled Other Insurance is amended to add the following,which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: PolicyNo: 4EndorsementNo: CNA75079XX(10-16) Page1of2 /"5*0/"-'*3&*/463"/$&$00')"35'03%EffectiveDate: InsuredName)"#*5"53&4503"5*0/4$*&/$&4 */$ Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.00020009960244308994219 CNA PARAMOUNT Blanket Additional Insured -Owners,Lessees orContractors-with Products-CompletedOperationsCoverageEndorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured,this insurance is primary to and will not seek contribution from such other insurance,provided that a written contract requires the insurance provided by this policy to be: 1.primary and non-contributing with other insurance available to the additional insured;or 2.primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above,this insurance will be excess of all other insurance available to the additional insured. VI.Solely with respect to the insurance granted by this endorsement,the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence,Offense,Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1.give the Insurer written notice of any claim,or any occurrence or offense which may result in a claim; 2.send the Insurer copies of all legal papers received,and otherwise cooperate with the Insurer in the investigation, defense,or settlement of the claim;and 3.make available any other insurance,and tender the defense and indemnity of any claim to any other insurer or self-insurer,whose policy or program applies to a loss that the Insurer covers under this coverage part.However, if the written contract requires this insurance to be primary and non-contributory,this paragraph 3.does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII.Solely with respect to the insurance granted by this endorsement,the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part,provided the contract or agreement: A.is currently in effect or becomes effective during the term of this policy;and B.was executed prior to: 1.the bodily injury or property damage;or 2.the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and expires concurrently with said Policy. PolicyNo: Endorsement No: CNA75079XX(10-16) Page2of2 /"5*0/"-'*3&*/463"/$&$00')"35'03%EffectiveDate: InsuredName:)"#*5"53&4503"5*0/4$*&/$&4 */$ Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT Contractors’General Liability Extension Endorsement B.1.d.Paragraph is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000.limit. 24.UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Named Insured NamedIftheunintentionallyfailstodiscloseall existing hazards at the inception date of the Insured’s Coverage Part Coverage Part,the Insurer will not deny coverage under this because of such failure. 25.WAIVER OF SUBROGATION -BLANKET CONDITIONS Transfer Of Rights Of Recovery Against Others To UsUnder,the condition entitled is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1.Named Insured’sthe ongoing operations;or 2.your work products-completed operations hazardincludedinthe. Named InsuredHowever,this waiver applies only when the has agreed in writing to waive such rights of recovery in a written contract or written agreement,and only if such contract or agreement: 1.Coverage Partis in effect or becomes effective during the term of this ;and 2.bodily injury property damage personal and advertising injurywasexecutedpriorto the ,or giving rise to the claim. 26.WRAP-UP EXTENSION:OCIP,CCIP,OR CONSOLIDATED (WRAP-UP)INSURANCE PROGRAMS Note:The following provision does not apply to any public construction project in the state of Oklahoma,nor to any consolidated (wrap-up)construction project in the state of Alaska,that is not permitted to be insured under a insurance program by applicable state statute or regulation. EXCLUSION –CONSTRUCTION WRAP-UPIftheendorsement is attached to this policy,or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.)or Contractor Controlled Insurance Programs (C.C.I.P.)is attached,then the following changes apply: A.The following wording is added to the above-referenced endorsement: consolidated (wrap-up)insurance program Named InsuredWithrespectto a project in which the is or was Named Insuredinvolved,this exclusion does not apply to those sums the become legally obligated to pay as damages because of: 1.Bodily injury property damage personal or advertising injury Named Insured’s,,or that occurs during the Named Insured’songoingoperationsat the project,or during such operations of anyone acting on the behalf;nor 2.Bodily injury property damage products-completed operations hazardorincludedwithinthe that arises residential structuresout of those portions of the project that are not . B.4.Other Insurance 4.b.(1)(c)Condition is amend to add the following subparagraph : This insurance is excess over: (c)Any of the other insurance whether primary,excess,contingent or any other basis that is insurance available Named Insured Named Insured consolidated (wrap-up)to the as a result of the being a participant in a insurance program Named Insured’s consolidated (wrap-up),but only as respects the involvement in that insurance program. PolicyNo:EndorsementNo:CNA74705XX(1-15) /"5*0/"-'*3&*/463"/$&$00')"35'03% EffectiveDate:InsuredName:)"#*5"53&4503"5*0/4$*&/$&4 */$ Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 25.WAIVER OF SUBROGATION -BLANKET CNA PARAMOUNT Contractors’General Liability Extension Endorsement Named Insureds Insureds spouses’Namedarewithrespecttosuch acts,errors or omissions in the conduct of the Insured’s business. 10.EXPECTED OR INTENDED INJURY –EXCEPTION FOR REASONABLE FORCE COVERAGES,Coverage A –Bodily Injury and Property Damage LiabilityUnder,the paragraph entitled Exclusions Expected or Intended Injuryisamendedtodeletetheexclusionentitled and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury property damage Insuredorexpectedorintendedfromthestandpointof the .This exclusion does not bodily injury property damageapplytoor resulting from the use of reasonable force to protect persons or property. 11.GENERAL AGGREGATE LIMITS OF INSURANCE -PER PROJECT A.Named InsuredForeachconstructionprojectawayfrompremisesthe owns or rents,a separate Construction Project General Aggregate Limit,equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: 1.damages Coverage A damages bodily injury property damageAllunder,except because of or included in products-completed operations hazardthe;and 2.Coverage CAllmedicalexpensesunder, occurrencesthatarisefrom or accidents which can be attributed solely to ongoing operations at that construction project.Such payments shall not reduce the General Aggregate Limit shown in the Declarations,nor the Construction Project General Aggregate Limit of any other construction project. B.All: 1.Damages Coverage Bunder,regardless of the number of locations or construction projects involved; 2.Damages Coverage A occurrencesunder,caused by which cannot be attributed solely to ongoing damages bodily injury property damageoperationsat a single construction project,except because of or products-completed operations hazardincludedinthe;and 3.Coverage CMedicalexpensesunder caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C.The limits shown in the Declarations for Each Occurrence,for Damage To Premises Rented To You and for Medical Expense continue to apply,but will be subject to either the Construction Project General Aggregate Limit occurrenceortheGeneralAggregateLimit shown in the Declarations,depending on whether the can be attributed solely to ongoing operations at a particular construction project. D.products-completed operations hazardWhencoverageforliabilityarisingout of the is provided,any payments damages bodily injury property damage products-completed operationsforbecauseoforincludedinthe hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations,regardless of the number of projects involved. E.InsuredIfasingleconstructionprojectawayfrompremisesownedbyorrentedto the has been abandoned and then restarted,or if the authorized contracting parties deviate from plans,blueprints,designs,specifications or timetables,the project will still be deemed to be the same construction project. F.LIMITS OF INSURANCETheprovisionsof not otherwise modified by this endorsement shall continue to apply as stipulated. PolicyNo: 1EndorsementNo: CNA74705XX(1-15) /"5*0/"-'*3&*/463"/$&$00')"35'03% EffectiveDate:InsuredName:)"#*5"53&4503"5*0/4$*&/$&4 */$ Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 11.GENERAL AGGREGATE LIMITS OF INSURANCE -PER PROJECT CNA PARAMOUNT Cancellation /Non-Renewal –California Wherever used in this endorsement:1)Insurer means "we","us","our"or the "Company"as those terms may be defined in the policy;and 2)Named Insured means the first person or entity named on the declarations page; and 3)"Insureds" means all persons or entities afforded coverage under the policy. Any cancellation,non-renewal or termination provisions in the policy are deleted in their entirety and replaced with the following: CANCELLATION AND NON-RENEWAL A.CANCELLATION 1.The Named Insured may cancel the policy at any time.To do so,the Named Insured must return the policy to the Insurer or any of its authorized representatives,indicating the effective date of cancellation; or provide a written notice to the Insurer,stating when the cancellation is to be effective. 2.If the policy has been in effect for less than sixty (60)days and is not a renewal the Insurer may cancel the policy for any reason by mailing or delivering written notice to the Named Insured,at the last mailing address known to the Insurer,and the producer of record.The notice of cancellation will be provided at least sixty (60)days prior to the effective date of cancellation except that in the case of cancellation for nonpayment of premiums the notice will be given no less than ten (10)days prior to the effective date of the cancellation. 3.If the policy has been in effect for more than sixty (60)days or if it is a renewal,effective immediately,the Insurer may not cancel the policy unless such cancellation is based on one or more of the following reasons: a.Nonpayment of premium,including payment due on a prior policy issued by the Insurer and due during the current policy term covering the same risks. b.A judgment by a court or an administrative tribunal that the Named Insured has violated any law of this state or of the United States having as one of its necessary elements an act which materially increases any of the risks insured against. c.Discovery of fraud or material misrepresentation by either of the following: (1)The Named Insured or Insured(s)or a representative of same in obtaining the insurance;or (2)The Named Insured or his or her representative in pursuing a claim under the policy. d.Discovery of willful or grossly negligent acts or omissions,or of any violations of state laws or regulations establishing safety standards,by the Named Insured or Insured(s)or a representative of same,which materially increase any of the risks insured against. e.Failure by the Named Insured or Insured(s)or a representative of same to implement reasonable loss control requirements which were agreed to by the Named Insured as a condition of policy issuance or which were conditions precedent to the use by the Insurer of a particular rate or rating plan,if the failure materially increases any of the risks insured against. f.A determination by the commissioner that the loss of,or changes in,the Insurer's reinsurance covering all or part of the risk would threaten the financial integrity or solvency of the Insurer. g.A determination by the commissioner that a continuation of the policy coverage would place the Insurer in violation of the laws of this state or the state of its domicile or that the continuation of coverage would threaten the solvency of the Insurer. h.A change by the Named Insured or Insured(s)or a representative of same in the activities or property of the commercial or industrial enterprise which results in a material added risk,a materially increased risk or a materially changed risk,unless the added,increased,or changed risk is included in the policy. Policy No: 6049996792 Endorsement No:CNA62814CA (9-12) Page 1of4NATIONAL FIRE INSURANCE CO. OF HARTFORD Effective Date: 07/15/2018Insured Name: HABITAT RESTORATION SCIENCES, INC. Copyright CNA All Rights Reserved.10020009960244308999090 CNA PARAMOUNT Cancellation /Non-Renewal –California A notice of cancellation will be in writing and will be delivered or mailed to the Named Insured,at the last mailing address known to the Insurer,and the producer of record at least sixty (60)days prior to the effective date of cancellation.Where cancellation is for nonpayment of premium,notice shall be given no less than ten (10)days prior to the effective date of cancellation. 4.The notice will state the actual reason for the cancellation. 5.Notice of cancellation will state the effective date of cancellation.The policy period will end on that date. 6.If notice is mailed,proof of mailing will be sufficient proof of notice. B.PREMIUM REFUND If this policy is cancelled,the Insurer will send the Named Insured any premium refund due.If the Insurer cancels the refund will be pro rata.If the Named Insured cancels,the refund may be less than pro rata. The cancellation will be effective even if the Insurer has not made or offered a refund. C.NON-RENEWAL 1.The Insurer can non-renew the policy by giving written notice to the Named Insured,at the last mailing address known to the Insurer,and the producer of record at least sixty (60)days but not more than one hundred twenty (120)days before the expiration date. 2.The notice of non-renewal will state the actual reason for non-renewal. 3.If notice is mailed,proof of mailing will be sufficient proof of notice. 4.A notice of non-renewal will not be required in any of the following situations: a.The transfer of,or renewal of,a policy without change in its terms or conditions or the rate on which the premium is based between insurers that are members of the same insurance group. b.The policy has been extended for ninety (90)days or less, if the notice required has been given prior to the extension. c.The Named Insured has obtained replacement coverage or has agreed,in writing, within sixty (60)days of the termination of the policy,to obtain that coverage. d.The policy is for a period of no more than sixty (60)days and the Named Insured is notified at the time of issuance that it may not be renewed. e.The Named Insured requests a change in the terms or conditions or risks covered by the policy within sixty (60)days prior to the end of the policy period. f.The Insurer has made a written offer to the Named Insured,within the prescribed time period,to renew the policy under changed terms or conditions or at a changed premium rate,where the increase is more than 25%.As used herein, "terms or conditions"includes,but is not limited to,a reduction in limits,elimination of coverages,or an increase in deductibles. 5. In the case of conditional renewal,failure of the Named Insured to satisfy conditions provided by the Insurer for renewal,by the expiration date of the policy or sixty (60)days after mailing or delivery of such notice,whichever is later,the conditional renewal shall be treated as an effective non-renewal. Policy No: 6049996792 Endorsement No:CNA62814CA (9-12) Page 2of4NATIONAL FIRE INSURANCE CO. OF HARTFORD Effective Date: 07/15/2018Insured Name: HABITAT RESTORATION SCIENCES, INC. Copyright CNA All Rights Reserved. CNA PARAMOUNT Cancellation /Non-Renewal –California D.CONDITIONAL RENEWAL 1.If the policy has been in effect for more than sixty (60)days or if the policy is a renewal,effective immediately no increase in premium,reduction in limits,or change in the conditions of coverage shall be effective during the policy period unless based upon one of the following reasons: a.Discovery of willful or grossly negligent acts or omissions,or of any violations of state laws or regulations establishing safety standards by the Named Insured or Insured(s)which materially increase any of the risks or hazards insured against. b.Failure by the Named Insured or Insured(s)to implement reasonable loss control requirements which were agreed to by the Insured as a condition of policy issuance or which were conditions precedent to the use by the Insurer of a particular rate or rating plan,if the failure materially increases any of the risks insured against. c.A determination by the commissioner that loss of or changes in an insurer's reinsurance covering all or part of the risk covered by the policy would threaten the financial integrity or solvency of the Insurer unless the change in the terms or conditions or rate upon which the premium is based is permitted. d.A change by the Named Insured or Insured(s)in the activities or property of the commercial or industrial enterprise which results in a materially added risk,a materially increased risk,or a materially changed risk,unless the added,increased,or changed risk is included in the policy. 2.A written notice will be mailed or delivered to the Named Insured,at the last mailing address known to the Insurer,and the producer of record at least sixty (60)days prior to the effective date of any increase, reduction or change. 3.The notice will state the effective date of,and the reasons for,the increase,reduction or change 4.If notice is mailed,proof of mailing will be sufficient proof of notice. E.ADDITIONAL PROVISIONS 1.If the Insurer is an associate participating insurer as established by Cal. Ins.Code Section 10089.16, solely with respect to coverage for real property used predominantly for residential purposes and consisting of not more than four dwelling units,and to coverage on tenants'household property contained in a residential unit: a.The Insurer shall not cancel or refuse to renew such coverage existing on the date the Insurer elected to become an associate participating insurer after an offer of earthquake coverage is accepted solely because the insured has accepted that offer of earthquake coverage;and b.The Insurer shall not cancel such coverage unless the policy is properly canceled pursuant to Paragraph A above;and c.The Insurer may refuse to renew a policy of residential property insurance after an offer of earthquake coverage has been accepted only if: i.The policy is terminated by the Named Insured; ii.The policy is refused renewal on the basis of sound underwriting principles that relate to the coverages provided by the policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as required by existing law; iii The Commissioner of Insurance finds that the exposure to potential losses will threaten the solvency of the Insurer or place the Insurer in a hazardous condition.A hazardous condition includes,but is not limited to,a condition in which the Insurer makes claims payments for losses resulting from an Policy No: 6049996792 Endorsement No:CNA62814CA (9-12) Page 3of4NATIONAL FIRE INSURANCE CO. OF HARTFORD Effective Date: 07/15/2018Insured Name: HABITAT RESTORATION SCIENCES, INC. Copyright CNA All Rights Reserved.10020009960244308999091 CNA PARAMOUNT Cancellation /Non-Renewal –California earthquake that occurred within the preceding two years and that required a reduction in policyholder surplus of at least twenty-five percent (25%)for payment of those claims;or iv.The Insurer has lost or experienced a substantial reduction in the availability or scope of reinsurance coverage or a substantial increase in the premium charged for reinsurance coverage for its residential property insurance policies, and the Commissioner of Insurance has approved a plan for the nonrenewals that is fair and equitable,and that is responsive to the changes in the Insurer's reinsurance position. 2.If this policy contains an exclusion barring coverage for the peril of corrosive soil conditions,the Insurer shall not cancel or refuse to renew the policy solely because corrosive soil conditions exist on the location. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and expires concurrently with said Policy. Policy No: 6049996792 Endorsement No:CNA62814CA (9-12) Page 4of4NATIONAL FIRE INSURANCE CO. OF HARTFORD Effective Date: 07/15/2018Insured Name: HABITAT RESTORATION SCIENCES, INC. Copyright CNA All Rights Reserved. 07/15/2018 OAK RIVER INSURANCE COMPANY HAWC910097 All CA Operations )BCJUBU3FTUPSBUJPO4DJFODFT *OD