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HomeMy WebLinkAboutHabitat Restoration Sciences Inc; 2022-04-12; PKRC22-0311DocuSign Envelope ID: 69EF8026-70EE-4F36-88FC-70BADA3B8C4A RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Notice is hereby given that: DOC# 2022-0214232 111111111111 lllll lllll 11111111111111111111 lllll 11111111111111111111111 May 18, 2022 02:34 PM OFFICIAL RECORDS Ernest J. Dronenburg Jr SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Alkins $0.00) PAGES: 1 Space above this line for Recorder's use. PARCEL NO: NOTICE OF COMPLETION 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 5/3/22. 6. The name of the contractor for such work or improvement is Habitat Restoration Sciences Inc. 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. PKRC22-0311, Project Name Trail Repair Work at Lake Calavera. 8. The street address of said property is Lake Calavera Trail, in the City of Carlsbad. I, the undersigned, say: Gkoff Patnoe, Assistant City Manager VERIFICATION OF CITY CLERK I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on ~ \i) , 20 Z7-, accepted the above described work as completed and ordered that a No ce of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on ~ I I , 20 7).,, at Carlsbad, California. CllY OF CARLSBAD ~ FAVIOLA MEDINA City Clerk Services Manager Q:\RecAdmin\CONTRACTS\Retention Purchase Orders\Habitat Restoration Sciences, lnc\P141026\ 1. NOC TEMPLA TE.docx DocuSign Envelope ID: 69EF8026-70EE-4F36-88FC-70BADA3B8C4A CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Contractor has completed the contract work required for Project No. PKRC22-0311 & Project Name TRAIL REPAIR WORK AT LAKE CALAVERA. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS Repair eight sections of trail. Grade surface and utilize existing soil to fill ruts. Improve trail surface and water runoff. VALUE $35,000.00 CERTIFICATION OF COMPLETION OF IMPROVEMENTS 5/9/2022 Kyle Lancaster, Parks & Recreation Director 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. M q c---------s I I b ( (_ ~ Geoff Patnoe, Assistant City Manager Date APPROVED AS TO FORM: CELIA BREWER, City Attorney By: OUuf/J., :Fro1 Deputy City Attorney Q:\RecAdmin\CONTRACTS\Retention Purchase Orders\Habitat Restoration Sciences, lnc\P141026\2. API TEMPLATE.docx Tracking #: TRAIL REPAIR WORK AT LAKE CALAVERA; CONT. NO. PKRC22-0311 Page 1 of 8 City Attorney Approved 1/22/2020 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT TRAIL REPAIR WORK AT LAKE CALAVERA; CONT. NO. PKRC22-0311 This agreement is made on the ______________ day of _________________________, 20___, by the City of Carlsbad, California, a municipal 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 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: __Morgan Rockdale__ (City Project Manager) PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. 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. Tracking #: TRAIL REPAIR WORK AT LAKE CALAVERA; CONT. NO. PKRC22-0311 Page 3 of 8 City Attorney Approved 1/22/2020 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 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 7 working days after receipt of Notice to Proceed. Habitat Restoration Sciences Inc. 1217 Distribution Way (name of Contractor) 842661 (street address) Vista, CA 92081 license number) Class A 7/31/2022 (city/state/zip) 760-479-4210 (license class. and exp. date) 1000003125 (telephone no.) 760-479-4190 (DIR registration number) 6/30/2022 (fax no.) kmatthews@hrs.dudek.com (DIR registration exp. date) (e-mail address) /// /// /// /// /// /// /// /// /// Tracking #: TRAIL REPAIR WORK AT LAKE CALAVERA; CONT. NO. PKRC22-0311 Page 6 of 8 City Attorney Approved 1/22/2020 EXHIBIT B SCOPE OF SERVICES Summary of work Habitat Restoration Sciences Inc. will repair eight separate sections of trail near Sky Haven Lane. 1. HRS will perform trail repairs in the 8 areas shown in the attachment on the following page. Trail repairs will be performed using a mini-excavator and skid steer. HRS will utilize soil from adjacent areas to fill voids, rills, and generally repair erosion to create a more stable trail surface and to improve water runoff. HRS will provide the required signage and trail closure notices to ensure public safety. HRS will have a water truck on site to provide for dust control and proper compaction. HRS anticipates up to 7 workdays will be required to complete all areas. Materials None use native soil. Equipment Needed Mini-excavator, skid steer, water truck. Labor 7 working days Costs ITEM NO. DESCRIPTION PRICE 1 Lake Calavera Trail Repairs $35,000.00 TOTAL* $35,000.000 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD 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 COMPENSATION AND 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 IN ACCORDANCE 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 THISCERTIFICATE 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. 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(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). 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 7/6/2021 License # 0C32169 (619) 937-0164 (619) 937-0168 20478 Habitat Restoration Sciences, Inc. 1217 Distribution Way Vista, CA 92081 20494 35289 34630 10172 085202 A 1,000,000 X X 6049996792 7/15/2021 7/15/2022 100,000 15,000 1,000,000 2,000,000 2,000,000 1,000,000B X X 6049951075 7/15/2021 7/15/2022 5,000,000C 7015294323 7/15/2021 7/15/2022 5,000,000 D X HAWC218483 7/15/2021 7/15/2022 1,000,000 1,000,000 1,000,000 E Pollution Liability G46788084005 7/15/2021 Occur/Agg 2,000,000 F Prof Liability ANE175995321 7/15/2021 7/15/2022 Ded. $10K Occur/Agg 2,000,000 RE: OPERATIONS OF THE NAMED INSURED AS CERTIFICATE HOLDERS INTEREST MAY APPEAR. CITY OF CARLSBAD IS INCLUDED AS ADDITIONAL INSURED PER FORM CNA75079XX (10-16) ATTACHED. PRIMARY AND NON-CONTRIBUTORY WORDING APPLIES. AUTO ADDITIONAL INSURED APPLIES PER ENDORSEMENT ATTACHED. (agpcp) CITY OF CARLSBAD/CMWD c/o EXIGIS INSURANCE COMPIANCE SERVICES P.O. BOX 4668 - ECM #35050 NEW YORK, NY 10163-4668 HABIRES-01 VPAINTER Rancho Mesa Insurance Services, Inc. 250 Riverview Parkway Santee, CA 92071 National Fire Ins Co of Htfd Transportation Insurance Co Continental Insurance Company Oak River Insurance Company Westchester Surplus Lines Ins Lloyds Of London 2 X 7/15/2022 X X X X X X X X 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 anotherendorsementattachedtothiscoveragepart. 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"/$&$00')"35'03%EffectiveDate:21InsuredName)"#*5"53&4503"5*0/4$*&/$&4 */$ 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 ofthefollowing: 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 orself-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 notapplytoinsuranceonwhichtheadditionalinsuredisanamedinsured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receiveswrittennoticeof a claim from the additional insured. VII.Solely with respect to the insurance granted by this endorsement,the section entitled DEFINITIONS is amended toadd 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 effecton the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,andexpiresconcurrentlywithsaidPolicy. PolicyNo:Endorsement No:CNA75079XX(10-16)Page2of2 /"5*0/"-'*3&*/463"/$&$00')"35'03%EffectiveDate:21 InsuredName:)"#*5"53&4503"5*0/4$*&/$&4 */$ Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Primary and Noncontributory Insurance 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 toadd the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because ofpaymentstheInsurermakesforinjuryordamagearisingoutof: 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 inawrittencontractorwrittenagreement,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 exclusionaryendorsementpertainingtoOwnerControlledInsurancePrograms(O.C.I.P.)or Contractor Controlled InsurancePrograms(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 thebehalf;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"/$&$00')"35'03% EffectiveDate:21InsuredName:)"#*5"53&4503"5*0/4$*&/$&4 */$ 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. Policy No: 6049996792 1EndorsementNo: CNA74705XX (1-15)NATIONAL FIRE INSURANCE CO. OF HARTFORD Effective Date: 07/15/2021Insured Name: HABITAT RESTORATION SCIENCES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT Cancellation /Nonrenewal -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,nonrenewal or termination provisions in the policy are deleted in their entirety and replaced with the following: CANCELLATION AND NONRENEWAL 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. 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. 6049996792CNA62814CA(12-19)Policy No: 20Page1 of 4 Endorsement No: Nat'l Fire Ins Co of Hartford 07/15/2021EffectiveDate: HABITAT RESTORATION SCIENCES, INC.Insured Name: Copyright CNA All Rights Reserved.40020009260499967923322 CNA PARAMOUNT Cancellation /Nonrenewal -California 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.NONRENEWAL 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 nonrenewal will state the actual reason for nonrenewal. 3.If notice is mailed,proof of mailing will be sufficient proof of notice. 4.A notice of nonrenewal 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 nonrenewal. 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. 6049996792CNA62814CA(12-19)Policy No:20Page2 of 4 Endorsement No:Nat'l Fire Ins Co of Hartford 07/15/2021EffectiveDate: HABITAT RESTORATION SCIENCES, INC.Insured Name: Copyright CNA All Rights Reserved. CNA PARAMOUNT Cancellation /Nonrenewal -California 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.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 not cancel or non-renew this policy solely because the first Named Insured has: (1)Accepted an offer of earthquake coverage;or (2)Cancelled or did not renew a policy issued by the California Earthquake Authority (CEA)that included an earthquake policy premium surcharge. However,the Insurer shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcharge but fails to pay the earthquake policy premium surcharge authorized by the CEA. d.The following applies only to insurers who are associate participating insurers as established by Cal. Ins. Code Section 10089.16.The Insurer may elect not to renew such coverage after the first Named Insured has accepted an offer of earthquake coverage,if one or more of the following reasons apply: 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 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. e.If a state of emergency under California Law is declared and the residential property is located in any ZIP Code within or adjacent to the fire perimeter,as determined by California Law,the Insurer may not cancel or non-renew this policy for one year,beginning from the date the state of emergency is declared,solely because the dwelling or other structure is located in an area in which a wildfire has occurred. 6049996792CNA62814CA(12-19)Policy No: 20Page3 of 4 Endorsement No: Nat'l Fire Ins Co of Hartford 07/15/2021EffectiveDate: HABITAT RESTORATION SCIENCES, INC.Insured Name: Copyright CNA All Rights Reserved.40020009260499967923323 CNA PARAMOUNT Cancellation /Nonrenewal -California However,the Insurer may cancel or non-renew: (1)When the Named Insured has not paid the premium at any time and the Insurer lets the Named Insured know at least 10 days before the date cancellation takes effect; (2)If willful or grossly negligent acts or omissions by the Named Insured,or his or her representatives,are discovered that materially increase any of the risks insured against; (3)If losses unrelated to the post-disaster loss condition of the property have occurred that would collectively render the risk ineligible for renewal;or (4)If there are physical changes in the property insured against,beyond the catastrophe-damaged condition of the structures and surface landscape,which result in the property becoming uninsurable f.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. 6049996792CNA62814CA(12-19)Policy No:20Page4 of 4 Endorsement No:Nat'l Fire Ins Co of Hartford 07/15/2021EffectiveDate: HABITAT RESTORATION SCIENCES, INC.Insured Name: Copyright CNA All Rights Reserved. CNA63359XX (Ed.04/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT -BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM name,with your permission,while performingI.LIABILITY COVERAGE duties related to the conduct of your business.A.Who Is An Insured "Policy,"as used in this provision A.Who Is AnThefollowing is added to Section II,Paragraph Insured,includes those policies that were in forceA.1.,Who Is An Insured:on the inception date of this Coverage Form but: 1. a.Any incorporated entity of which the 1.Which are no longer in force;orNamedInsuredownsamajorityof the 2.Whose limits have been exhausted.voting stock on the date of inception of this Coverage Form;provided that,B.Bail Bonds and Loss of Earnings b.The insurance afforded by this provision Section II,Paragraphs A.2.(2)and A.2.(4)areA.1.does not apply to any such entity revised as follows:that is an "insured"under any other 1.In a.(2),the limit for the cost of bail bonds isliability "policy"providing "auto"coverage.changed from $2,000 to $5,000; and2.Any organization you newly acquire or form,2.In a.(4),the limit for the loss of earnings isotherthan a limited liability company,changed from $250 to $500 a day.partnership or joint venture,and over which you maintain majority ownership interest.C.Fellow Employee The insurance afforded by this provision A.2.:Section II,Paragraph B.5 does not apply. a.Is effective on the acquisition or formation Such coverage as is afforded by this provision C.date, and is afforded only until the end of is excess over any other collectible insurance.the policy period of this Coverage Form, II.PHYSICAL DAMAGE COVERAGEorthenextanniversaryofitsinception date,whichever is earlier.A.Glass Breakage –Hitting A Bird Or Animal – b.Falling Objects Or MissilesDoesnotapplyto: (1)Section III,Paragraph"Bodily injury"or "property damage"The following is added toA.3.caused by an "accident"that : occurred before you acquired or With respect to any covered "auto,"any deductibleformedtheorganization;or shown in the Declarations will not apply to glass (2)Any such organization that is an breakage if such glass is repaired,in a manner "insured"under any other liability acceptable to us,rather than replaced. "policy"providing "auto"coverage.B.Transportation Expenses 3.Any person or organization that you are Section III,Paragraph A.4.a.is revised,withrequiredbyawrittencontracttonameasanrespecttotransportationexpenseincurredbyyou,additional insured is an "insured"but only with to provide:respect to their legal liability for acts or omissions of a person,who qualifies as an a.$60 per day,in lieu of $20;subject to"insured"under Section II –Who Is An b.$1,800 maximum,in lieu of $600.Insured and for whom Liability Coverage is afforded under this policy. If required by C.Loss of Use Expenseswrittencontract,this insurance will be primary Section III,Paragraph A.4.b.is revised,withandnon-contributory to insurance on which respect to loss of use expenses incurred by you,the additional insured is a Named Insured.to provide:4.An "employee"of yours is an "insured"while a.$1,000 maximum,in lieu of $600.operating an "auto"hired or rented under a contract or agreement in that "employee's" CNA63359XX Page 1of3Copyright,CNA Corporation, 2000. (Ed.04/12)Includes copyrighted material of the Insurance Services Office used with its permission.00020007560499510759557POLICY NUMBER: 6049951075 CNA63359XX (Ed.04/12) D.Hired "Autos"d.A $100 per occurrence deductible applies to the coverage provided by this provision.The following is added to Section III.Paragraph A.:G.Diminution In Value 5.Hired "Autos"The following is added to Section III,Paragraph B.6.:If Physical Damage coverage is provided under this policy,and such coverage does not extend to Subject to the following,the "diminution in value" Hired Autos,then Physical Damage coverage is exclusion does not apply to: extended to:a.Any covered "auto"of the private a.Any covered "auto"you lease,hire,rent passenger type you lease,hire,rent or or borrow without a driver;and borrow,without a driver for a period of 30 days or less, while performing dutiesb.Any covered "auto"hired or rented by related to the conduct of your business;your "employee"without a driver,under a andcontractinthatindividual"employee's" name,with your permission,while b.Any covered "auto"of the private performing duties related to the conduct passenger type hired or rented by your of your business."employee"without a driver for a period of 30 days or less,under a contract in thatc.The most we will pay for any one individual "employee's"name,with your"accident"or "loss" is the actual cash permission,while performing dutiesvalue,cost of repair,cost of replacement related to the conduct of your business.or $75,000,whichever is less,minus a $500 deductible for each covered auto.c.Such coverage as is provided by this No deductible applies to "loss"caused by provision is limited to a "diminution in fire or lightning.value"loss arising directly out of accidental damage and not as a result ofd.The physical damage coverage as is the failure to make repairs;faulty orprovidedbythisprovisionisequalto the incomplete maintenance or repairs;or thephysicaldamagecoverage(s)provided on installation of substandard parts.your owned "autos." d.The most we will pay for "loss"to ae.Such physical damage coverage for hired covered "auto"in any one accident is the"autos"will:lesser of: (1)Include loss of use,provided it is the (1)$5,000;orconsequenceof an "accident"for which the Named Insured is legally (2)20%of the "auto's"actual cash value liable,and as a result of which a (ACV). monetary loss is sustained by the III.Drive Other Car Coverage –Executive Officersleasingorrentalconcern. The following is added to Sections II and III:(2)Such coverage as is provided by this provision will be subject to a limit of 1.Any "auto"you don't own,hire or borrow is a$750 per "accident."covered "auto"for Liability Coverage while being used by,and for Physical Damage CoverageE.Airbag Coverage while in the care,custody or control of,any of your The following is added to Section III,Paragraph "executive officers,"except: B.3.:a.An "auto"owned by that "executive officer"or The accidental discharge of an airbag shall not be a member of that person's household;or considered mechanical breakdown.b.An "auto"used by that "executive officer"F.Electronic Equipment while working in a business of selling, servicing,repairing or parking "autos."Section III,Paragraphs B.4.c and B.4.d.are deleted and replaced by the following:Such Liability and/or Physical Damage Coverage as is afforded by this provision.c.Physical Damage Coverage on a covered "auto"also applies to "loss"to any (1)Equal to the greatest of those coverages permanently installed electronic equipment afforded any covered "auto";and including its antennas and other accessories. CNA63359XX Page 2of3Copyright,CNA Corporation, 2000. (Ed.04/12)Includes copyrighted material of the Insurance Services Office used with its permission.