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HomeMy WebLinkAboutHabitat Restoration Sciences Inc; 2019-10-15; PKRC717Tracking#: CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT EROSION REPAIR AT LAKE CALAVERA PRESERVE; CONT. NO. PKRC717 This agreement is made on the / 5tiJ day of [,t-Cj;__;, .. 1)-a , 20J.9._, by the City of Carlsbad, California, a munibpal corporation, (hereinafter called "City"), and Habitat Restoration Sciences, Inc_ 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: Michael Tully (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. EROSION REPAIR AT LAKE CALAVERA PRESERVE CONT NO. PKRC717 Page 1 of 8 City Attorney Approved 1/25/2019 Tracking#: 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 coniunction 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 Ca,lsbad to disqua:~~~~a~~:~tcacto~=~~ct biddiag 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. 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 EROSION REPAIR AT LAKE CALAVERA PRESERVE CONT. NO. PKRC717 Page 2 of 8 City Attorney Approved 1/25/2019 Tracking#: 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 30 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 40 working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. _ ~--Jj9_bitat Restorati~!l-Sciences, Inc. (name of Contractor) II II II II II II II 842661 (Contractor's license number) A & C27, 7/31/2020 (license class. and exp. date) 1000003125 (DIR registration number) 6/30/2022 (DIR registration exp. date) EROSION REPAIR AT LAKE CALAVERA PRESERVE CONT. NO. PKRC717 Page 3 of 8 -------~ _ _ 1217 Distribution W_a~y __ _ (street address) Vista, CA 92081 (city/state/zip) 760-479-4210 (telephone no ) 760-479-4190 (fax no.) kmatthews@hrs.dudek.com (e-mail address) City Attorney Approved 1/25/2019 Tracking#: 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 By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By ATTEST: • &z.L::, ~ "'L,ma '"' [11% ,Jtt.w~ ' (signhere) L,,L_BARBARA ENGLES.ON ~ n±iuo..-Thom™ (J' CityClerk cY (print name/title) 'qe,r~ If required by City, proper notarial acknowledgment o~execution by Contractor must be attached. ~ corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B 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. EROSION REPAIR AT LAKE CALAVERA PRESERVE CONT NO. PKRC717 Page 4 of 8 City Attorney Approved 1/25/2019 BOARD RESOLUTION OF HRS APPOINTING OFFICERS DULY PASSED on December 12, 2017 APPOINTMENT OF OFFICERS RESOLVED, that the following persons are elected to the offices indicated next to their names to serve until their successors shall be duly elected, unless he or she resigns, is removed from office or is otherwise disqualified from serving as an officer of this corporation, to take their respective offices immediately upon such appointment: Office Name CEO Mark Girard President Kevin DiSabatino Vice President Kyle Matthews Secretary Cindy Thompson Chief Financial Officer Dave Carter --Assistant Secretary Pete Trotta Assistant Secretary Loren K. Roach RESOLVED FURTHER, that the officers of this corporation are, and each acting alone is, hereby authorized to do and perform any and all such acts, including execution of any and all documents and certificates, as such officers shall deem necessary or advisable, to carry out the purposes and intent of the foregoing resolutions. RESOLVED FURTHER, that any actions taken by such officers prior to the date of the foregoing resolutions adopted hereby that are within the authority conferred thereby are hereby ratified, confirmed and approved as the acts and deeds of this corporation. It is hereby certified by the undersigned that the foregoing resolution was duly passed by the Board of Directors of the above-named Company on the 12th day of December 2017, in accordance with the Memorandum or By- laws and Articles of Incorporation of the Company and the laws and by-laws governing the Company and that the said resolution has been duly recorded in the Minute Book and is in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand as such Secretary, and affixed the corporate seal of the said corporation, this day of December 12, 2017. Cindy Thompson, Secretary Corporate Seal ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califgrnia }>·-.. County of , :Yl/7 b t: /-;CJ ) .J On :i:i/7':?A'k /'/, Zt'lf before me, /?c:,sc-/1 fX'17.-scr1,.,£;/.,;f,y /?f/,c_ (insert name and title of the officer) personally appeared C. vi?-/ /7,-"0 //2 ~///11.sc:YJ , who proved to me on the basis of satisfactory evid'ence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) 1········-l.-··~ • _, __ c_ I lanfMltoCounty -•2•1-M Comm. Ex ires Jan 15, 2021 Tracking#: 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 Business Name and Address DIR Registration License No., ¾of be Subcontracted No. Classification & Total Expiration Date Contract None Total % Subcontracted: NI A ------- EROSION REPAIR AT LAKE CALAVERA PRESERVE CONT NO. PKRC717 Page 5 of 8 City Attorney Approved 1/25/2019 EXHIBIT B SCOPE OF SERVICES Tracking#: Habitat Restoration Sciences, Inc. (HRS) will provide grading work and shoring to stabilize an eroding trail slope on South Lake Trail. Summary of Work HRS will perform erosion repairs in the areas shown in Exhibit E on the south side of the lake at Lake Calavera Preserve. Disturbance of vegetation and repairs will be limited to the areas in Exhibit E. In preparation for the repair work, HRS will perform minor vegetation trimming within the work limits. Additionally, HRS will remove and reinstall 30 LF of existing split rail fence on the south side of the trail. Upon completion of grading activities, HRS will install 60 LF of new split rail fence on the north side of the trail. HRS will grade the trail as necessary to improve stability and prevent future erosion. Within the eroded gully, HRS will install permanent shoring (retaining wall) to limit the amount of fill required to stabilize the area and widen the trail. Concrete footings will be used for the wall to ensure stability. The project will generate approximately 40 CY of material on-site. The soil around the pipe at the upstream end of the work limits will be stabilized with a small amount of fill and then installed fabric. Delivery of Materials HRS estimates up to an additional 10 CY of soil will be required to be imported to complete the repair. All imported soil material will be unloaded approximately 1,200 LF from the work area at the base of the hill to the south at the edge of the preserve. The material will be shuttled down to the work area using a small loader/skid steer (due to the limited access along existing trails). The delivery route is outlined in Exhibit D. Equipment Provided CAT 279 skid steer, CAT 308 excavator, water truck/trailer, 10-wheel dump trucks (for material import), and pick-up trucks. Labor Provided 5 working days with a 4-5-person crew of operators and laborers Costs Agreement amount shall not exceed $49,725.00 EROSION REPAIR AT LAKE CALAVERA PRESERVE CONT. NO. PKRC717 Page 6 of 8 City Attorney Approved 1/25/2019 EXHIBITC LABOR AND MATERIALS BOND Tracking#: Bond No.: 0712284 Premium: $442.00 WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Habitat Restoration Sciences, Inc. (hereinafter designated as the "Principal"), a Contract for: EROSION REPAIR AT LAKE CALAVERA PRESERVE CONTRACT NO. PKRC717 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, Habitat Restoration Sciences, Inc., as Principal, (hereinafter designated as the "Contractor"), and International Fidelity Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of Forty-Nine Thousand, Seven Hundred and Twenty-Five Dollars ($49,725.00), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. EROSION REPAIR AT LAKE CALAVERA PRESERVE CONT. NO. PKRC717 Page 7 of 8 City Attorney Approved 1/25/2019 Tracking#: In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this /Cf~ day of '?ff;Jfun be,V: ,2011_. CONTRACTOR: Habitat Restoration Sciences, Inc. (name of Contractor) By: ______________ _ (sign here) (print name here) (title and organization of signatory) (sign here) C.,,ljrr({,u Cl. tho~ (print name here) s e ~a.,. ol .. natmy) Executed by SURETY this __ 1_8t_h ___ day of September 2019 . ----'----------_J SURETY: International Fidelity Insurance Company (name of Surety) One Newark Center, Newark, NJ 07102 -5207. (address of Surety) Tara Bacon, Attorney-in-Fact (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER :~•ttl7 __£1' Deputy City Attorney EROSION REPAIR AT LAKE CAL.AVERA PRESERVE CONT. NO. PKRC717 Page 8 of 8 City Attorney Approved 1'1.5/2019 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual vmo signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego on September 18, 2019 before me, Maria Hallmark, Notary Public (insert name and title of the officer) personally appeared __ T_a_ra_B_a_c_o_n _____________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies). and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature~ (Seal) POWER OF ATTORNEY Bond# _01_12_284 ___ _ HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 702 Oberlin Road, Raleigh, North Carolina 27605 KNOW ALL MEN BY THESE PRESENTS That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of IUinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint JOHN R. QUALIN, KYLE KING, TARA BACON, DALE HARSHAW, MINNA HUOVILA, GEOFFREY SHELTON San Diego, CA their true and lawful attomey(s)-m-fact to execute, seal and deliver for and on its behalf as surety, any and au bonds and undertakings, con1Jacts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shal be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to al intents and ptIJ>OSeS, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices_ Ttis Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted lJ'lder and by authority of the folowing resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018_ "RESOL YEO, that ( 1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appoinbnents of, Al:tomeys-fl-Fact or ageflts with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertaulgs, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointmef1ts of joint-Control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the sqiature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification ijven for the execution of any bond, undertaking, recognizance, contract of indemnity or olher written obligation in the nature thereof or related thereto, such signatl6e and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manualy affixed_" IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2018 STATE OF NEW JERSEY County of Essex Kenneth Chapman STATE OF ILLINOIS County of Cook Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company On this 31st day of December, 2018 , before me came the individual who executed the preceding instrument, to me per.;onaly known, and, being by me duly sworn, said he is the therein desaibed and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies_ IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written_ My Commission Expires April 4, 2023 CERTIFICATION I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said ~nies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transaipts thereof, and of the wllole of the said originals, and that the said Power of Attorney has not been revoked and is now in ful force and effect_ IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, September 18, 2019 A00872 Irene Martins, Assistant Secretary EXHIBIT D DELIVERY OF MATERIALS Calavera Erosion Repairs Exhibit "E" ., oogle Earth ·-·· ;1' ,,:;· -.. .. · . , 7 Feati;re I -----, HABIT-1 nc 1n-vp ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 07/10/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) 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 riahts to the certificate holder In lieu of such endorsement(s). PRODUCER 619-937-0164 F.91il~CT Rancho Mesa Insurance Services Rancho Mesa Insurance Services W8NJ0 Ext): 619-937-0164 I Fffc Nol,619-937-0168 250 Riverview Parkway #401 Santee, CA 92071 tf"~~I.M. INSURERISl AFFORDING COVERAGE NAJC# ,.,.,.,D.,D .e. .National Fire Ins Co of Htfd 20478 INSURED Habitat Restoration Sciences, INSUD"D B. Transportation Insurance Co 20494 Inc. ,.,.,, ,D.,D c. Navigators Insurance Company 42307 1217 Distribution Way Vista, CA 92081 ,.,.,.,D.,D n .Oak River Insurance Company 34630 ,.,.,.,D.,D". Westchester Surplus Lines Ins 10172 INSURER F, Lloyds,London 085202 COVED Ar.Es CS::DTIFICATE NI IURFR: 1 REVISION NUMBS::D: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ~l? • .O.!-1~~!1! POLICY NUMBER POLICYEFF POLICY EXP LIMITS TD A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 1,000,000 -□ CLAIMS-MADE [!] OCCUR ~~~~U9 .. ~ENTED 100,000 X 6049996792 07/15/2019 07/15/2020 s _!... PD DED $1,000 MED EXP IAnv one oersonl s 15,000 PERSONAL & ADV INJURY s 1,000,000 -2,000,000 GEN'L AGGREGATE Lt/llT APPLIES PER: GENERAL AGGREGATE s Fl ::~: [!] 'lf8r D Loc PRODUCTS -COMP/OP AGG $ 2,000,000 s B ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 ,c_M..,~--" $ X ANY AUTO 6049951075 07/15/2019 07/15/2020 BODII. Y INJURY IPer oersonl $ -OWNED -SCHEDULED -AUTOS ONLY -AUTOS BODILY INJURY tPer accident) $ X ~/WcPs ONLY X ~[W~~~~~ rta?~&i~RAMAGE s -Comp/Coll Ded. 1000/1000 s C UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ 10,000,000 -LA 19EXC877609IV 07/15/2019 0711512020 10,000,000 X EXCESSLIAB CLAIMS-MADE AGGREGATE s / DEO I I RETENTION $ s D WORKERS COMPENSATION x I m\,,n: 1 l ,PJH· AND EMPLOYERS' LIABILITY □ HAWC013071 07/15/2019 0711512020 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT s OFFICER/MEMBER EXCLUDED? NIA 1,000,000 (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE S iiisr.ti'tffg>~ ~~PERATIONS below F.I OISFASF. POLICY IIMIT I 1,000,000 E Pollution Llab 046788084003 07/15/2019 07/15/2020 Pollution 2Mill/2Mill / F Professional Liab ANE175995319 07115/2019 07/1512020 Prof Liab 2Mill/2Mill DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached II more space Is required) RE: OPERATIONS OF THE NAMED INSURED AS CERTIFICATE HOLDERS INTEREST MAY APPEAR SUBJECT TO POLICY TERMS, CONDITIONS AND EXCLUSIONS. CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED PER FORM CNA75079XX (10-16) ATTACHED. CS::RTIFICATE uni m::1:1 CANCEL• ATlnt.1 CITYCA4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF CARLSBAD PARKS AND ACCORDANCE WITH THE POLICY PROVISIONS. RECREATION DEPARTMENT 799 PINE AVE., STE 200 AUTHORIZED REPRESENTATIVE CARLSBAD, CA 92008 ~ I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD I !!!!!!!! CNA PARAMOUNT Blanket Additional Insured -Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement 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. Ill. 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: CNA75079XX (10-16) Page 1 of 2 NATIONAL FIRE INSURANCE CO. OF HARTFORD Insured Name: HABITAT RESTORATION SCIENCES, INC. Policy No: 6049996792 Endorsement No: 4 Effective Date: 07/15/2019 Copyright CNAAU Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Blanket Additional Insured -Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement 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 Sult 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. CNA75079XX (10-16) Page 2 of 2 NATIONAL FIRE INSURANCE CO. OF HARTFORD Insured Name: HABITAT RESTORATION SCIENCES, INC. Policy No: 6049996792 Endorsement No: Effective Date: 07 /1s/2019 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., wijh its permission.