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Habitat Restoration Sciences Inc; 2023-07-05; PKRC23-0620
DocuSign Envelope ID: 5C2B61CB-B278-48EA-A140-F4F4D735DB48 5th 23July Tracking#: CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT LAKE CALAVERA LOOP TRAIL REPAIR; CONT. NO. PKRC23-0620 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, as contained in the Standard Specifications for Public Works Construction "Greenbook," latest edition and including all errata; Part 1 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: Morgan Rockdale (City Project Manager) PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. WAGE RA TES. 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. LAKE CALAVERA LOOP TRAIL REPAIR CONT. NO. PKRC23-0620 Page 1 of 8 City Attorney Approved 5/3/2023 DocuSign Envelope ID: 5C2B61CB-B278-48EA-A140-F4F4D735DB48 Tracking#: 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. 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 ontract 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. LAKE CALAVERA LOOP TRAIL REPAIR CONT. NO. PKRC23-0620 Page 2 of 8 City Attorney Approved 5/3/2023 DocuSign Envelope ID: 5C2B61CB-B278-48EA-A140-F4F4D735DB48 Tracking#: 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 60 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 65 working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. Ill Ill Ill Ill Ill Ill Ill Habitat Restoration Sciences Inc. (name of Contractor) 842661 (Contractor's license number) Class A -7/31/2024 (license class. and exp. date) 1000003125 (DIR registration number) 6/30/2025 (DIR registration exp. date) LAKE CALAVERA LOOP TRAIL REPAIR CONT. NO. PKRC23-0620 Page 3 of 8 1217 Distribution Way (street address) Vista, CA 92081 (city/state/zip) 760-4 79-4210 (telephone no.) 760-4 79-4190 (fax no.) kmatthews@hrs.dudek.com (e-mail address) City Attorney Approved 5/3/2023 DocuSign Envelope ID: 5C2B61CB-B278-48EA-A140-F4F4D735DB48 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) Robert Kyle Matthews, Vice President (print name/title) Cynthia Thompson, Secretary (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Kyle Lancaster, Parks & Recreation Department Director ATTEST: SHERRY FREISINGER City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. !f....E. 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: CINDIE K. McMAHON, City Attorney BY:---lll,.=~'--1...~.__ ____ _ nt City Attorney LAKE CALAVERA LOOP TRAIL REPAIR CONT. NO. PKRC23-0620 Page 4 of 8 City Attorney Approved 5/3/2023 DocuSign Envelope ID: 5C2B61CB-B278-48EA-A140-F4F4D735DB48 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 Type of Work to be Business Name and Address DIR Registration Subcontracted No. none Total % Subcontracted: 0% ------- The Contractor must ~erform no less than 50% of the work with its own forces. LAKE CALAVERA LOOP TRAIL REPAIR CONT. NO. PKRC23-0620 Page 5 of 8 License No., % of Classification & Total Expiration Date Contract City Attorney Approved 5/3/2023 DocuSign Envelope ID: 5C2B61CB-B278-48EA-A140-F4F4D735DB48 Tracking#: EXHIBIT B SCOPE OF WORK SUMMARY Contractor will repair 350 feet of trail along the Lake Calavera Trail Loop as shown on the following maps. • Repairs include: o Scarification, conditioning and regrading. o Installing three (3) new water bars. ■ All new water bars to be marked by the city representative prior to start of repairs. ■ Water bars can extend 2-3 ft. outside the trail if vegetation is not disturbed, otherwise, work will not extend beyond the existing trail. o Reworking of two (2) existing water bars. ■ All existing water bars to be reworked will be marked by the city representative prior to start of repairs. • Contractor will create rolling dips and water bars to improve water conveyance and trail stability. Contractor will import: o Up to 50 cubic yards of fill material. o Ten tons of 6" minus rock material. All imported rock and soil material will be approved by the city prior to starting work. • Contractor will provide a water truck or trailer on-site during all activities to properly condition soil during the proposed work. The City will coordinate with others to perform a pre-construction/trail survey/bio-survey within 48 hours prior to starting work. City of Carlsbad Parks Planner Michael Tully will schedule this survey. Costs for survey are not part of this contract. If needed, City staff will cut and remove vegetation encroaching into the trail. City staff will install any needed post and rail fence. City will get permission to access property from State of California Department of Fish and Wildlife. City staff will be present or periodically checking in during repairs. JOB QUOTATION ITEM UNIT QTY DESCRIPTION PRICE NO. 1 1 Loop Trail Repairs $54,100.00 TOTAL* $54,100.00 *Includes taxes, fees, expenses and all other costs, including labor and materials bond. LAKE CALAVERA LOOP TRAIL REPAIR CONT. NO. PKRC23-0620 Page 6 of 8 City Attorney Approved 5/3/2023 DocuSign Envelope ID: 5C2B61CB-B278-48EA-A140-F4F4D735DB48 EXHIBITC LABOR AND MATERIALS BOND Tracking#: Bond no. 08200303 Premium: $481.00 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: CALAVERA LOOP TRAIL REPAIR CONT. NO. PKRC23-0620 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 _____________ _ Harco National Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of Fifty-Four Thousand and No/100ths----- -----------------------dollars ($54,100.00 ), 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. LAKE CALAVERA LOOP TRAIL REPAIR CONT. NO. PKRC23-0620 Page 7 of 8 City Attorney Approved 5/3/2023 DocuSign Envelope ID: 5C2B61CB-B278-48EA-A140-F4F4D735DB48 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. 23rd June 23 SIGNED AND SEALED, this ______ day of ___________ ~ 20_ Habitat Restoration Sciences, Inc. _____________ (SEAL} (Principal} (Signature} Harco National Insurance Company _____________ (SEAL} ara Bacon, Attorney-in-fact (Signature} (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY-ATTACH ATTORNEY-IN-FACT CERTIFICATE} APPROVED AS TO FORM: CINDIE K. McMAHON City Attorney By: UUuf.~ f' V'{)Sf Deputy/ Assistant City Attorney LAKE CALAVERA LOOP TRAIL REPAIR CONT. NO. PKRC23-0620 Page 8 of 8 City Attorney Approved 5/3/2023 DocuSign Envelope ID: 5C2B61CB-B278-48EA-A140-F4F4D735DB48 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 California County of San Diego before me, Minna Huovila, Notary Public (insert name and title of the officer) personally appeared _T_a_r_a_B_a_co_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) I ,... 0 (/) (.) I MINNA HUOVILA, COMM. #2313883 o NOTARY PUBLIC-CALIFORNIA ti> SAN DIEGO COUNTY ~ My Commission Expires I DECEMBER 6, 2023 _ DocuSign Envelope ID: 5C2B61CB-B278-48EA-A140-F4F4D735DB48 POWER OF ATTORNEY HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Bond # 0820303 Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, 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 SARAH MYERS, NATASSIA SMITH, JAMES D. CASTLE, TARA BACON, LAWRENCE F. MCMAHON, GEOFFREY SHEL TON, MARIA HALLMARK, JANICE MARTIN San Diego, CA their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts 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, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This 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 under and by authority of the following 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. "RESOLVED, 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 appointments of, Attorneys-in-Fact or agents 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, undertakings, 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 appointments 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 signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature 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 manually 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, 2022 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, 2022 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described 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. Cathy Cruz a Notary Public of New Jersey My Commission Expires April 16, 2024 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 Companies 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 transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, June 23, 2023 A00392 Irene Martins, Assistant Secretary DocuSign Envelope ID: 5C2B61CB-B278-48EA-A140-F4F4D735DB48 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 California County of San Diego before me, Jocelyne Molano, Notary Public (insert name and title of the officer) personally appeared _K_e_v_i_n_D_i_S_a_ba_t_in_o ____________________ _ 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. (Seal) DocuSign Envelope ID: 5C2B61CB-B278-48EA-A140-F4F4D735DB48 DocuSign Envelope ID: 5C2B61CB-B278-48EA-A140-F4F4D735DB48 DocuSign Envelope ID: 5C2B61CB-B278-48EA-A140-F4F4D735DB48 2023-70b 1 June 2023 1217 DISTRIBUTION WAY VISTA, CALIFORNIA 92081 T 760.479.4210 F 760.479.4190 June 20, 2023 2023-70b Morgan Rockdale City of Carlsbad 1166 Carlsbad Village Drive Carlsbad, CA 92008 Subject: Proposal for Calavera Loop Trail Repair Work Dear Mr. Rockdale: Habitat Restoration Sciences, Inc. (HRS) is providing this Proposal for Calavera Loop Trail Repair Work as described in the description. The cost estimate and scope of work are provided below. 1 Scope of Work Repairs will consist of scarification, conditioning, and regrading on 350’ of trail area shown on the attached figure. HRS will create rolling dips and water bars to improve water conveyance and trail stability. HRS will import up to 50 cubic yards (CY) of fill material. HRS will import 10 tons of 6” minus rock material. All imported rock and soil material will be approved by the City prior to starting work. Repairs would include: - Installing three (3) new water bars o All new water bars to be marked by the city representative prior to start of repairs. - Reworking of two (2) existing water bars o All existing water bars to be reworked will be marked by the City representative prior to start of repairs. HRS will have a water truck or trailer on-site during all activities to properly condition soil during the proposed work. HRS anticipates up to 5 workdays will be required to complete all tasks. The cost provided includes the cost associated with bond procurement that will be required per the contract documents. City staff will determine the width of trail and communicate that to the contractor. Dudek will monitor the trail repairs to ensure that, 1) Work stays within agreed upon work boundary 2) Confirm no active bird nests are present within 300’ of work area during construction. 3) No impact to sensitive plant or animal species during trail repairs. The City will coordinate with others to perform a pre-construction/trail survey/bio-survey within 48 hours prior to starting work. Michael Tully will schedule this survey. Costs for survey are not part of this contract. Water bars can extend 2-3 ft. outside the trail if vegetation is not disturbed, otherwise, work will not extend beyond the existing trail. If needed, City staff will cut and remove vegetation encroaching into the trail. City staff will install any needed post and rail fence. DocuSign Envelope ID: 5C2B61CB-B278-48EA-A140-F4F4D735DB48 llHRS Mr. Morgan Rockdale Subject: Proposal for Calavera Loop Trail Repair Work 2023-70b 2 June 2023 City will get permission to access property from State of California Department of Fish and Wildlife. City staff will be present or periodically checking in during repairs. 2 Cost Estimate TASK NO. DESCRIPTION PRICE I Loop Trail Repairs $54,100.00 TOTAL $54,100.00 All fees will be billed on a fixed fee and invoiced monthly, up to and not to exceed total for this phase of the work of $54,100.00. This total for this phase of the work would not be exceeded without client approval. Assumptions: HRS assumes State DIR prevailing wages apply. HRS assumes the access route through the Carlsbad Highlands property will be passable for large equipment and material delivery trucks. Exclusions: This proposal does not include permit fees, water costs, water meter fees, hazardous materials removal, coring, boring, or breaking. HRS excludes cost of development of SWPPP plan and any QSD/QSP services. This proposal does not include any pre-clearance nesting bird surveys. This proposal does not include the application of any seed. This proposal does not include the installation of straw wattles or other BMPs. Please review the scope of work and associated costs, as we feel we have addressed the services you have requested at this time. We are pleased you have considered HRS for these proposed services. This cost estimate is good for 30 days from the date on the proposal. If you have any questions regarding this scope of work, you can contact me via email at kmatthews@hrs.dudek.com or my cell phone at (760) 310-4512. Sincerely, ____________________________________ Robert Kyle Matthews, Vice President Habitat Restoration Contractor License A & C-27 #842661 DocuSign Envelope ID: 5C2B61CB-B278-48EA-A140-F4F4D735DB48 Mr. Morgan Rockdale Subject: Proposal for Calavera Loop Trail Repair Work 2023-70b 3 June 2023 Project Location: DocuSign Envelope ID: 5C2B61CB-B278-48EA-A140-F4F4D735DB48 ■HRS 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 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. 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 7/12/2022 License # 0C32169 (619) 937-0164 (619) 937-0168 20478 Habitat Restoration Sciences, Inc. 1217 Distribution Way Vista, CA 92081 20494 35289 34630 10172 85202 A 1,000,000 X X 6049996792 7/15/2022 7/15/2023 100,000 15,000 1,000,000 2,000,000 2,000,000 1,000,000B X X 6049951075 7/15/2022 7/15/2023 5,000,000C 7015294323 7/15/2022 7/15/2023 5,000,000 D X HAWC320668 7/15/2022 7/15/2023 1,000,000 1,000,000 1,000,000 E Pollution Liability G46788084006 7/15/2022 Occur/Agg 2,000,000 F Prof. Liability EL00-53-0098-2021 7/15/2022 7/15/2023 Ded. $10K Occur/Agg 2,000,000 RE: OPERATIONS OF THE NAMED INSURED AS CERTIFICATE HOLDERS INTEREST MAY APPEAR. CITY OF CARLSBAD IS INCLUDED AS ADDITIONAL INSURED WITH REGARDS TO GENERAL LIABILITY AND AUTO LIABILITY PER ATTACHED FORM. PRIMARY AND NON-CONTRIBUTORY WORDING APPLIES WITH REGARDS TO GENERAL LIABILITY PER ATTACHED FORM. CITY OF CARLSBAD/CMWD c/o EXIGIS INSURANCE COMPIANCE SERVICES P.O. 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/"5*0/"-'*3&*/463"/$&$00')"35'03% (IIHFWLYH'DWH 22,QVXUHG1DPH )"#*5"53&4503"5*0/4$*&/$&4 */$ &RS\ULJKW &1$$OO 5LJKWV 5HVHUYHG ,QFOXGHV FRS\ULJKWHG PDWHULDO RI ,QVXUDQFH 6HUYLFHV 2IILFH ,QF ZLWK LWV SHUPLVVLRQ 25.WAIVER OF SUBROGATION -BLANKET DocuSign Envelope ID: 5C2B61CB-B278-48EA-A140-F4F4D735DB48 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 Endorsement No: CNA74705XX (1-15)NATIONAL FIRE INSURANCE CO. OF HARTFORD Effective Date: 07/15/2022Insured Name: HABITAT RESTORATION SCIENCES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: 5C2B61CB-B278-48EA-A140-F4F4D735DB48 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. CNA62814CA (7-20) Page 1 of 4 Policy No: 6049996792 Endorsement No: Nat'l Fire Ins Co of Hartford Effective Date: 07/15/2022 HABITAT RESTORATION SCIENCES, INC.Insured Name: Copyright CNA All Rights Reserved. 40 0 2 0 0 0 9 2 6 0 4 9 9 9 6 7 9 2 2 9 6 1 DocuSign Envelope ID: 5C2B61CB-B278-48EA-A140-F4F4D735DB48 iiiiiiii --iiiiiiii -!!!!!!!!!!!!!!! iiiiiiii iiiiiiiiiiiiiii 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. CNA62814CA (7-20) Page 2 of 4 Policy No: 6049996792 Endorsement No: Nat'l Fire Ins Co of Hartford Effective Date: 07/15/2022 HABITAT RESTORATION SCIENCES, INC.Insured Name: Copyright CNA All Rights Reserved. DocuSign Envelope ID: 5C2B61CB-B278-48EA-A140-F4F4D735DB48 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.If the Insurer elects not to renew this policy,the Insurer will mail or deliver written notice, stating the reason for nonrenewal,to the first Named Insured,and to the producer of record,at the mailing address shown in the policy,at least 75 days,but not more than 120 days,before the expiration or anniversary date.The Insurer may elect not to renew such coverage for any reason,except as provided in e.,f.and g.below.If the Insurer fails to give the first Named Insured notice of nonrenewal at least 75 days prior to the policy expiration,as required in the paragraph above,this policy,with no change in its terms and conditions,shall remain in effect for 75 days from the date that the notice of nonrenewal is delivered or mailed to the Named Insured.A notice to this effect shall be provided by us to the first Named Insured with the notice of nonrenewal. e.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 CNA62814CA (7-20) Page 3 of 4 Policy No: 6049996792 Endorsement No: Nat'l Fire Ins Co of Hartford Effective Date: 07/15/2022 HABITAT RESTORATION SCIENCES, INC.Insured Name: Copyright CNA All Rights Reserved. 40 0 2 0 0 0 9 2 6 0 4 9 9 9 6 7 9 2 2 9 6 2 DocuSign Envelope ID: 5C2B61CB-B278-48EA-A140-F4F4D735DB48 iiiiiiii ---!!!!!!!!!!!!!!! iiiiiiii iiiiiiiiiiiiiii CNA PARAMOUNT Cancellation /Nonrenewal –California the nonrenewals that is fair and equitable,and that is responsive to the changes in the Insurer's reinsurance position. f.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. 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 g.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. CNA62814CA (7-20) Page 4 of 4 Policy No: 6049996792 Endorsement No: Nat'l Fire Ins Co of Hartford Effective Date: 07/15/2022 HABITAT RESTORATION SCIENCES, INC.Insured Name: Copyright CNA All Rights Reserved. DocuSign Envelope ID: 5C2B61CB-B278-48EA-A140-F4F4D735DB48 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. 00 0 2 0 0 0 7 5 6 0 4 9 9 5 1 0 7 5 9 5 5 7 POLICY NUMBER: 6049951075DocuSign Envelope ID: 5C2B61CB-B278-48EA-A140-F4F4D735DB48 iiiiiiii - iiiiiiii 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. DocuSign Envelope ID: 5C2B61CB-B278-48EA-A140-F4F4D735DB48 CNA63359XX (Ed.04/12) (2)Excess over any other collectible damage,against any person or organization for insurance.whom or which you are required by written contract or agreement to obtain this waiver from2.For purposes of this provision,"executive officer"us.means a person holding any of the officer positions created by your charter,constitution,by-This injury or damage must arise out of your laws or any other similar governing document,activities under a contract with that person or and,while a resident of the same household,organization. includes that person's spouse.You must agree to that requirement prior to an Such "executive officers"are "insureds"while "accident"or "loss." using a covered "auto"described in this provision.C.Concealment,Misrepresentation or Fraud IV.BUSINESS AUTO CONDITIONS The following is added to Section IV,Paragraph A.Duties In The Event Of Accident,Claim,Suit Or B.2.: Loss Your failure to disclose all hazards existing on the date The following is added to Section IV,Paragraph of inception of this Coverage Form shall not prejudice A.2.a.:you with respect to the coverage afforded provided such failure or omission is not intentional.(4)Your "employees"may know of an "accident"or "loss."This will not mean D.Other Insurance that you have such knowledge,unless The following is added to Section IV,Paragraphsuch"accident"or "loss" is known to you B.5.:or if you are not an individual,to any of your executive officers or partners or your Regardless of the provisions of Paragraphs 5.a.insurance manager.and 5.d.above,the coverage provided by this policy shall be on a primary non-contributoryThefollowing is added to Section IV,Paragraph basis.This provision is applicable only whenA.2.b.:required by a written contract.That written (6)Your "employees"may know of contract must have been entered into prior to documents received concerning a claim "Accident"or "Loss." or "suit."This will not mean that you have E.Policy Period,Coverage Territorysuchknowledge,unless receipt of such documents is known to you or if you are Section IV,Paragraph B.7.(5).(a).is revised tonot an individual,to any of your executive provide:officers or partners or your insurance a.45 days of coverage in lieu of 30 days.manager. V.DEFINITIONSB.Transfer Of Rights Of Recovery Against Others To Us Section V.Paragraph C.is deleted and replaced by the following:The following is added to Section IV,Paragraph A.5.Transfer Of Rights Of Recovery Against "Bodily injury"means bodily injury,sickness or diseaseOthersToUs:sustained by a person,including mental anguish, mental injury or death resulting from any of these.We waive any right of recovery we may have, because of payments we make for injury or CNA63359XX Page 3of3Copyright,CNA Corporation, 2000. (Ed.04/12)Includes copyrighted material of the Insurance Services Office used with its permission. 00 0 2 0 0 0 7 5 6 0 4 9 9 5 1 0 7 5 9 5 5 8 DocuSign Envelope ID: 5C2B61CB-B278-48EA-A140-F4F4D735DB48 \ iiiiiiii - iiiiiiii Endorsement Effective: Policy No.: Insured: WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 10 C (Ed. 01-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be calculated by applying a factor of 2% to the total manualpremium, with a minimum initial charge of $350, then applying all other pricing factors for the policy to this calculatedcharge to derive the final cost of this endorsement. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket Waiver Person/Organization Blanket Waiver – Any person or organization for whom the Named Insured hasagreed by written contract to furnish this waiver. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement No.: Premium $ Insurance Company: WC 99 04 10 C Countersigned by ______________________________________ (Ed. 01-19) Job Description All CA Operations Oak River Insurance Company HAWC320668 Waiver Premiu m (prior to adjustments) 5464.00 07/15/2022 Habitat Restoration Sciences, Inc. DocuSign Envelope ID: 5C2B61CB-B278-48EA-A140-F4F4D735DB48