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Habitat Restoration Sciences Inc; 2017-08-09; PWM18-14TRAN
RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2018-0299273 111111111111 lllll 111111111111111 lllll lllll lllll 11111111111111111111111 Jul 23, 2018 03:14 PM OFFICIAL RECORDS Ernest J. Dronen burg, Jr., SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins $0.00) PAGES 1 Space above this line for Recorder's use. PARCEL NO: n/a NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full names of the undersigned are City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on Sept. 5, 2017. 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. 6081 (PWM18-14TRAN), Faraday Avenue Slope Repair. 8. The street address of said property is along Faraday Avenue in the City of Carlsbad. I, the undersigned, say: ftlk.Cit ~ 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 ~U.\-.J \ \ , 20 \ '6 , accepted the above described work as completed and ordered that a Notice of Co~,pie'tion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on (j\J..\'-\ \ \o , 20 \0, at Carlsbad, California. I City Clerk Q \Public Works\PW Common\Capital Improvement Program Proiects\6081 Roadway Slope Stabilization Program\6081-1 Faraday\Admin. Documents\HRS MPWINOCINOC (Public and Private) -Faraday Ave doc CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Habitat Restoration Sciences Inc. has completed the contract work required for the Faraday Avenue Slope Repair, Project No. 6081 (PWM18-14TRAN). City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS VALUE Grading and Stabilization of an eroded slope (city) $33,188.52 CERTIFICATION OF COMPLETION OF IMPROVEMENTS ~-· Engmeerin nag~ 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. directed to commence maintaining the above described 7 /;;Ilg ,ft,4,,;,Kevi ~ Date APPROVED AS TO FORM: CELIA BREWER, City Attorney Bynvw Deputy City Attorney Q:\Publ1c Works\PW Common\Capital Improvement Program Projects\6081 Roadway Slope Stab1l1zation Program\6081-1 Faraday\Admin Documents\HRS MPWINOC\API (Public Works) -Faraday Ave.doc CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT FARADAY AVENUE SLOPE REPAIR; CONT. NO. 6081 PWM18-14TRAN This agreement is made on the q 11\ day of Av_gv rt , 20 f 7, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Habitat Restoration Sciences Inc, a California corporation whose principal place of business is 1217 Distribution Way, Vista, CALIFORNIA 92081 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor's proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Daniel Zimny (City Project Manager) WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. FARADAY AVENUE SLOPE REPAIR CONT. NO. 6081 Page 1 of 12 City Attorney Approved 9/27 /16 PWM18-14TRAN 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 su ontractor fr m a · ipating in contract bidding. Signature: Print Name: REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than ........ $1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ....... $1,000,000 Property damage insurance in an amount of not less than ........ $1,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. FARADAY AVENUE SLOPE REPAIR CONT. NO. 6081 Page 2 of 12 City Attorney Approved 9/27 /16 PWM18-14TRAN 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 seven (7) working days after receipt of Notice to Proceed. Completion: to Proceed. Contractor agrees to complete work within thirty (30) working days after receipt of Notice Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill FARADAY AVENUE SLOPE REPAIR CONT. NO. 6081 Page 3 of 12 City Attorney Approved 9/27 /16 CONTRACTOR'S INFORMATION. HABITAT RESTORATION SCIENCES INC, a California corporation (name of Contractor) 842661 (Contractor's license number) A & C-27 Exp. 7/31/2018 (license class. and exp. date) 1000003125 (DIR registration number) 06/30/2018 (DIR registration exp. date) PWM18-14TRAN 1217 Distribution Way (street address) Vista, CALIFORNIA 92081 (city/state/zip) 760-4 79-4210 (telephone no.) 760-479-4190 (fax no.) kmatthews@hrs .d udek. com (e-mail address) AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR HABITAT RESTORATION SCIENCES INC, a California corporation ~~ CITY OF CARLSBAD, a municipal corporation of the State of California By: (sign here) Kev i Y1 D-: so.,~)'l01 VI ce Pres i~ (print name/title) Elaine Lukey, Bt161ic Works Director By: # :r~-, (sign here) ~but ~r~na~~J ~~ If required by City, proper notarial acknowledgment of execution by Contractor must be attached. ~ corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: :j./4~ Deputy City Attorney FARADAY AVENUE SLOPE REPAIR CONT NO. 6081 Page 4 of 12 City Attorney Approved 9/27 /16 PWM18-14TRAN EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to Business Name and Address DIR Registration License No., % of be Subcontracted No. Classification & Total Expiration Date Contract 11 rnlli'c r;o~ I Cer.,,/ I ,'et S Sok+Y1 I oOOIJ I rl 1c;1 7~1ftJ34 10% Servi~ II /30 I 1AJt to 1 ?, ~ <0 LA M t V-0-M the n II\ u /J rW<: /\ A C -~ I 1 Co I -9~4~ '11.01~ JOO/ Total% Subcontracted: __ ..1.lfl...1,L. __ _ The Contractor must perform no less than fifty percent (50%) of the work with its own forces FARADAY AVENUE SLOPE REPAIR CONT. NO. 6081 Page 5 of 12 City Attorney Approved 9/27 /16 PWM18-14TRAN EXHIBIT B Faraday Avenue Slope Repair Grading and planting of vegetation to stabilize slope on the north end Faraday Avenue adjacent to the Crossings golf course JOB QUOTATION ITEM UNIT QTY DESCRIPTION PRICE NO. 1 LS 1 Mobilization 1,000 2 LS 1 Storm Water Pollution Prevention Plan and 1,000 lmplementration (Tier 2) 3 LS 1 Temporary Traffic Control 5,000 4 LS 1 Slope Repair 26,500 5 LS 1 Irrigation Installation and Bonded Fiber Matrix with 4,500 Hydroseed 6 LS 1 Slides and Slip Outs per SSPWC (Greenbook) Section 5,000 300-2.4 7 LS 1 Post Construction BMPs 1,500 TOTAL* $44,500 *Includes taxes, fee's, expenses and all other costs. FARADAY AVENUE SLOPE REPAIR CONT. NO. 6081 Page 6 of 12 City Attorney Approved 9/27 /16 July 17, 2017 Danny Zimny City of Carlsbad 1635 Faraday Ave Carlsbad, CA 92008 Subject: Dear Mr. Zimny, 2017-0SA Proposal for Faraday Slope Repairs Habitat Restoration Sciences, Inc. (HRS) is pleased to present this proposal to the City of Carlsbad for slope repairs on Faraday Ave. The scope of services is based on e-mail and in person discussions, our review of the project site, and the Draft Faraday A venue Slope Repair Project Revegeation Plan by LSA. S PE, F Wo K Prior to beginning the work, HRS will prepare a Tier 2 SW PPP plan. Upon clearance of the site by the LSA biologist following their nesting bird survey, HRS will mobilize to perform grading and compacting of all eroded areas along the slope within the approximately 50' x 40' (2,000 SF) as shown on the plans. HRS will then install fill material in lifts with proper compaction until the eroded area matches the existing grade on all sides. All fill material, which is estimated at approximately 300 cubic yards (CY), will be provided by the City. The fill material will come from the Waste Water Authority construction site off of A venida Encinas. HRS wi 11 provide the equipment and operators to haul the fill material while the City will be responsible for loading the fill material into the HRS trucks. HRS will procure a traffic control permit and provide all required traffic control which will include a shoulder closure (and no parking) while performing the repairs. Upon completion of grading work, HRS will amend the top 6" of soil with the appropriate amendments as determined by the soil test. HRS will install biowattles across the length of the work area at IO' intervals down the slope for a total of approximately 200 LF of wattles. Approximately 50' of silt fence will be installed at the base of the slope. A temporary irrigation system will be installed in the 2,000 SF area. The irrigation system will be charged via a water truck or water trailer. The work area will then be hydroseeded with the approved native erosion control mix prescribed in the revegetation plan. The hydroseed slurry will be BFM applied at 2,500 lbs/acre with the appropriate seed mix in a single application. HRS anticipates up to 5 work days to complete all tasks described above. A & C-27 UC #842661 HHSRESTOPATiON.COM {760) 479-421(} <)ff!CD (7Go; 47q,,;~1<)u ta>'. Mr. Danny Zimny Proposal for Faraday Slope Repairs This scope of work covers labor and materials, and is based upon our understanding of the projects specifications and scope of work. Additional services required beyond this scope of work would need to be negotiated between HRS and the client accordingly. Co T Esi MAT ITEM UNIT QTY DESCRIPTION PRICE NO. 1 LS 1 Mobilization $1,000.00 1 LS 1 Storm Water Pollution Prevention Plan and $1,000.00 Implementation (Tier 2) 1 LS 1 Temporary Traffic Control $5,000.00 1 LS 1 Slope Repair $26,500.00 1 LS 1 Irrigation Installation and Bonded Fiber Matrix with $4,500.00 Hydroseed 1 LS 1 Slides and Slip Outs per SSPWC (Greenbook) Section $5,000.00 300-2.4 1 LS 1 Post Construction BMP's $1,500.00 TOTAL* $44,500.00 All fees will be billed as a time and materials basis and invoiced monthly. The total for this phase of the work is $44,500.00 and would not be exceeded without client approval. All fees will be billed based on the HRS 2017 Standard Schedule of Charges. ,e:,, M IONS: HRS assumes all equipment will access the work area from Faraday Ave. HRS assumes State Prevailing Wages apply. HRS assumes the areas will be dry enough for equipment access. HRS assumes the water source to fill the water truck for dust control and soil moisture will be the backflow off Tamarack Ave. Page 8 of 12 2017-05A July 2017 Mr. Danny Zimny Proposal.for Faraday Slope Repairs Ex c UJ Io N : This proposal does not include penn it fees, water costs, water meter fees, electrical fees, hazardous materials removal, coring, boring, or rock breaking. This proposal does not include any street sweeping. This proposal does not include the creation of SWPPP plans (beyond the Tier 2 plan listed). Thank you for the opportunity to bid on this work for the City of Carlsbad. If you have any questions regarding this scope of work, you can contact me at (760) 519-7230 or mgirard@hrs.dudek.com. Sincerely, HABITAT RESTORATION SCIENCES, INC. res1denr& Co.cfounder Habitat Rest ation Contractor A, C-27 Licrse # 842661 ', Attachments: HRS 20/7 Standard Schedule of Charges Page 9 of 12 2017-05A July 2017 Habitat Restoration Sciences, Inc. 2017 State Prevailing Wage Standard Schedule of Charges Professional & Management Personnel Habitat Management Coordinator/Principal ...................................................................................... $210.00/hr Senior Project Manager ...................................................................................................................... $160.00/hr Senior Engineer/ Senior Landscape Architect/ Senior Geologist... ................................................... $160.00/hr Engineer/Landscape Architect/Geologist .......................................................................................... $120.00/hr Senior Habitat Restoration Specialist ................................................................................................. $130.00/hr Habitat Restoration Specialist ............................................................................................................ $100.00/hr CADD Designer/GIS Technician ......................................................................................................... $75.00/hr Administration/Clerical Support .......................................................................................................... $65.00/hr Construction Prevailing Wage Classifications: Landscape Operating Engineer/Teamster .......................................................................................... $135.00/hr Landscape Irrigation Laborer ............................................................................................................. $120.00/hr Landscape Hydro Seeder .................................................................................................................... $120.00/hr Construction Laborer .......................................................................................................................... $120.00/hr Landscape Irrigation Tender ................................................................................................................ $55.00/hr Maintenance Prevailing Wage Classifications: Landscape Supervisor/Project Manager ............................................................................................. $125.00/hr Landscape Assistant Supervisor ......................................................................................................... $ I 05.00/hr Foreman ................................................................................................................................................ $85.00/hr Assistant Foreman ................................................................................................................................ $65.00/hr Skilled Laborer (QAL, 5+ Years' Experience) .................................................................................... $50.00/hr Landscape Maintenance Laborer ......................................................................................................... $33.00/hr Equipment/Vehicles Truck Usage .................................................................................................................................... $125.00/day Water Trailer/Buffalo ........................................................................................................................ $75.00/day Dump Trailer ..................................................................................................................................... $75.00/day GPS Unit. ........................................................................................................................................... $90.00/day Quad/Mule ....................................................................................................................................... $100.00/day A TV with Spray Rig ....................................................................................................................... $150.00/day Boat. ................................................................................................................................................. $225.00/day Dingo Equipment/Tractor ............................................................................................................... $450.00/day CAT /John Deere Dozer, Excavator (305 or smaller), Skid Steer, etc ........................................... $450.00/day CAT 308 Excavator ......................................................................................................................... $600.00/day CAT 315 Excavator ......................................................................................................................... $850.00/day Water Truck/ Dump Truck ............................................................................................................. $450.00/day Chipper I Hydroseeder .................................................................................................................... $450.00/day Masticator Attachment .................................................................................................................... $300.00/day Roll-offTruck ....................................................................................................... $600.00/day plus tipping fees Emergency and Holidays -Minimum charge of two hours will be billed at 1.5 times the normal rate. Sundays are double time at 2.0 times normal rate. Material and Outside Services -Herbicides. subcontractors, rental of special equipment, special fencing or signage materials, etc., are charged at I .15 times the direct cost. Travel Expenses -Per Diem where overnight stay is involved is charged at cost. Revised December 2016 Page JO of 12 EXHIBITC LABOR AND MATERIALS BOND PWM18-14TRAN Bond No. 0712225 Premium: $412.00 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: FARADAY AVENUE SLOPE REPAIR CONTRACT NO. 6081 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, Habitat Restoration Sciences, Inc. , as Principal, (hereinafter designated as the "Contractor"), and ____________ _ International Fidelity Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of FORTY FOUR THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($44,500.00), 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. FARADAY AVENUE SLOPE REPAIR CONT. NO. 6081 Page 11 of 12 City Attorney Approved 9/27/16 PWM18-14TRAN In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this _____ _ day of __________ , 20 . CONTRACTOR: Habitat Restoration Sciences, Inc. ~/ ~me of Contractor) By: ~t;~~ (sign here) \(eV\Vl 'DlSa.vu bnv (print name here) V iu fre~taa<.t (pri name here) se ~~l~~n of signatory) Executed by SURETY this --=2"'-1 s=t ____ day of __ ----"'Ju::.:.I,...._ _______ , 20_1L. SURETY: International Fidelity Insurance Company (name of Surety) 2400 E. Katella Ave, Suite 250, Anaheim, CA 92806 (address of Surety) (714) 602-9170 (telephone number of Surety) By/~ {signature of Attorney-in-Fact) Minna Huovila (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: .e~ Deputy City Attorney FARADAY AVENUE SLOPE REPAIR CONT. NO. 6081 Page 12 of 12 City Attorney Approved 9/27/16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 On July 21, 2017 before me, Diana Kai Murphy, Notary Public (insert name and title of the officer) personally appeared __ M_in_n_a_H_u_o_v_il_a ___________________ _ 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. DIANA KAI MURPHY Notary Public -California Q__ (Seal) ~ :;fa'_ , San Diego County ~ z 'if,. Commission # 2158075 :': L ~·~ ;· 0 0Mz So!~; [x~r!s iu2 :5}%2&( \:::: ·:: .. :· : .) \.. .. ):·: r;. / ·::. =' POVVER OF AT'tORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUAL TY COMPANY . ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUAL TY COMPANY a corporation organized and existing under the laws of the State of New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint JOHN R. QUALIN, KYLE KING, TARA BACON, DALE HARSHAW, BRAD ORR, MINNA HUOVILA, GEOFFREY SHEL TON 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, statutetrule, regulation, contract or otherwise, and the execufion of sucli instrument(s) in pursuance of these presents, shall be as binding upon the said IN ERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY 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 INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY 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 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUAL TY COMP ANY at a meeting duly held on the 15th day of August, 2000: "RESOLVED, that (1) the President, Vice President, Chief Executive Officer or Secretary of the Corporation shall have the power to am:ioint, 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, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 31st day of December, 2015. ST ATE OF NEW JERSEY County of Essex ROBERT W. MINSTER Chief Executive Officer (International Fidelity Insurance Company) and President (Alleglieny Casualty Company) On this 31st day of December 2015, 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 INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY 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. A NOTARY PUBLIC OF NEW JERSEY My Commission Expires April 16, 2019 CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY 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 this 21st day of July 2017 : :, : ·.· : . ~AR!1\ a~.4ko. ~sis~nt Sectet~ry CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 :S:ir1 _it:;20 h on ~o('/Z~zo/9-beforeme, /tof?Sef k~o/lr/4kfl:b/lc Date Here Insert Name and Title of the Officer personally appeared /lo6tlrf /:y/e /¼#~t?t;;S ~ ~i'? Dr~tfo~p{;,ro Name(s) of Signer(s) 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. Place Notary Seal Above ----------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document / /~ ..,{ Title or Type of Document: (d;'p,y ~r1t::1/t:.,/q S Document Date: Jc.1/f 21, Zdf;: Number of Pages: _____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: _____________ _ D Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ~~~~~~~~~'§<...~ ©2016 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 HABIT-1 OP ID: C ACC>RD CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 07/21/2017 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 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). PRODUCER ~R~~~CT Rancho Mesa Insurance Services Rancho Mesa Insurance Services rigNJo ~vtl: 619-937-0164 I r..e~ Nol: 619-937 -0168 250 Riverview Parkway #401 Santee, CA 92071 E-MAIL ADDRESS: INSURER($) AFFORDING COVERAGE NAIC# INSURER A : Valley Forge Insurance Co 20508 INSURED Habitat Restoration Sciences, INSURER s: Continental Insurance Company 35289 Inc. 42307 1217 Distribution Way INSURER c : Navigators Insurance Company Vista, CA 92081 INSURER D : Berkshire Hathaway Homestate 20044 INSURER E : Westchester Surplus Lines Ins 10172 INSURER F: Lloyds of London COVERAGES CERTIFICATE NUMBER: 7 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR lYPE OF INSURANCE IADDL :SUBR POLICY EFF ,~2~%~1 LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYYI A X COMMERCIAL GENERAL LIABILllY EACH OCCURRENCE $ 1,000,0( -:=J CLAIMS-MADE 0 OCCUR UAMAC,t: I U '"'" I t:U X X 6049996792 07/15/2017 07/15/2018 PREMISES /Ea occurrence) $ 100,0( x PD DED 1,000 MED EXP (Any one person) $ 15,0t X CONTRACTUAL LIAS PERSONAL & ADV INJURY $ 1,000,0( 1-- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,01 Fl 0PRO-DLoc PRODUCTS -COMP/OP AGG $ 2,000,0, POLICY: JECT $ OTHER AUTOMOBILE LIABILllY COMBINED SINGLE LIMIT $ 1,000,0, (Ea accident) 1--B ,~ ANYAUTO 6049951075 07/15/2017 07/15/2018 BODILY INJURY (Per person) $ -SCHEDULED ALL OWNED BODILY INJURY (Per accident) $ 1--AUTOS AUTOS X x NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS !Per accident\ ~ 1-- COMP/COLL DED $ 1000/10 UMBRELLA LIAS M OCCUR EACH OCCURRENCE $ 5,ooo,o, C X EXCESS LIAB CLAIMS-MADE LA 17EXC8776091V 07/15/2017 07/15/2018 AGGREGATE $ 5,000,01 DED I I RETENTION$ $ WORKERS COMPENSATION XI rrfTUTE I I OTH- AND EMPLOYERS' LIABILllY ER Y/N D ANY PROPRIETOR/PARTNER/EXECUTIVE D X HAWC807339 07/15/2017 07/15/2018 E.L. EACH ACCIDENT $ 1,000,01 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E L. DISEASE -EA EMPLOYEE $ 1,000,01 lf yes, describe under 1,000,0, DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ E Pollution Liab G46788084001 07/15/2017 07/15/2018 Pollution 2mill/2n, F Professional Liab ANE175995317 07/15/2017 07/15/2018 Prof Liab 2mill/2m DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: FARADAY AVENUE SLOPE REPAIR: CONT. NO. 6081. CITY OF CARLSBAD AND ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSURED PER FORM CNA75079XX (1-15) ATTACHED. (cpagp) CERTIFICATE HOLDER CANCELLATION CITYCAR CITY OF CARLSBAD 1635 FARADAY AVENUE CARLSBAD, CA 92008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD di di / / --- CNA CNA PARAMOUNT Blanket Additional Insured -Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured is required by written contract to add as an additional insured on this coverage part, including any such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement. However, such person or organization is an Insured only with respect to such person or organization's liability for: A. unless paragraph B. below applies, 1. bodily injury, property damage, or personal and advertising injury caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named lnsured's ongoing operations as specified in such written contract; or 2. bodily injury or property damage caused in whole or in part by your work and included in the products- completed operations hazard, and only if a. the written contract requires the Named Insured to provide the additional insured such coverage; and b. this coverage part provides such coverage. 8. bodily injury, property damage, or personal and advertising injury arising out of your work described in such written contract, but only if: 1. this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard; and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. II. 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. Ill. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. However, if this insurance is required by written CNA75079XX (1-15) Page 1 of 2 VALLEY FORGE INSURANCE COMPANY Insured Name: HABITAT RESTORATION SCIENCES' INC. Policy No: 604 9996792 7 Endorsement No: Effective Date: 07 / 15 / 2 o 1 7 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Blanket Additional Insured -Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement contract to be primary and non-contributory, this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3. 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 4. tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (1-15) Page 2 of2 VALLEY FORGE INSURANCE COMPANY Insured Name: HABITAT RESTORATION SCIENCES I INC. Policy No: 6049996792 Endorsement No: Effective Date: 07/15/2017 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. '• \ CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Paragraph 1.d. 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 If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named lnsured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBROGATION -BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named lnsured's ongoing operations; or 2. your work included in the products-completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury 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 construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION -CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named lnsured's ongoing operations at the project, or during such operations of anyone acting on the Named lnsured's behalf; nor 2. Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amend to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named lnsured's involvement in that consolidated (wrap-up) insurance program. CNA74705XX (1-15) Page 16 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name: HABITAT RESTORATION SCIENCES' INC. Policy No: 6049996792 Endorsement No: Effective Date: 07/15/2017 Copyright CNA All Rights ReseNed. Includes copyrighted material of Insurance Services Office, Inc,, with its permission. CNA CNA PARAMOUNT Cancellation I Non-Renewal -California Wherever used in this endorsement: 1) Insurer means "we", "us", "our" or the "Company" as those terms may be defined in the policy; and 2) Named Insured means the first person or entity named on the declarations page; and 3) "Insureds" means all persons or entities afforded coverage under the policy. Any cancellation, non-renewal or termination provisions in the policy are deleted in their entirety and replaced with the following: CANCELLATION AND NON-RENEWAL A. CANCELLATION 1. The Named Insured may cancel the policy at any time. To do so, the Named Insured must return the policy to the Insurer or any of its authorized representatives, indicating the effective date of cancellation; or provide a written notice to the Insurer, stating when the cancellation is to be effective. 2. If the policy has been in effect for less than sixty (60) days and is not a renewal the Insurer may cancel the policy for any reason by mailing or delivering written notice to the Named Insured, at the last mailing address known to the Insurer, and the producer of record. The notice of cancellation will be provided at least sixty (60) days prior to the effective date of cancellation except that in the case of cancellation for nonpayment of premiums the notice will be given no less than ten (10) days prior to the effective date of the cancellation. 3. If the policy has been in effect for more than sixty (60) days or if it is a renewal, effective immediately, the Insurer may not cancel the policy unless such cancellation is based on one or more of the following reasons: a. Nonpayment of premium, including payment due on a prior policy issued by the Insurer and due during the current policy term covering the same risks. b. A judgment by a court or an administrative tribunal that the Named Insured has violated any law of this state or of the United States having as one of its necessary elements an act which materially increases any of the risks insured against. c. Discovery of fraud or material misrepresentation by either of the following: d. e. f. g. h. CNA62814CA (9-12) (1) The Named Insured or lnsured(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. 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 lnsured(s) or a representative of same, which materially increase any of the risks insured against. Failure by the Named Insured or lnsured(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. 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. 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. A change by the Named Insured or lnsured(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. VALLEY FORGE INSURANCE COMPANY Policy No: 6049996792 Endorsement No: Effective Date: 07/15/2017 Insured Name: HABITAT RESTORATION SCIENCES' INC. Copyright CNA All Rights Reserved. CNA CNA PARAMOUNT Cancellation / Non-Renewal -California A notice of cancellation will be in writing and will be delivered or mailed to the Named Insured, at the last mailing address known to the Insurer, and the producer of record at least sixty (60) days prior to the effective date of cancellation. Where cancellation is for nonpayment of premium, notice shall be given no less than ten (10) days prior to the effective date of cancellation. 4. The notice will state the actual reason for the cancellation. 5. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. PREMIUM REFUND If this policy is cancelled, the Insurer will send the Named Insured any premium refund due. If the Insurer cancels the refund will be pro rata. If the Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if the Insurer has not made or offered a refund. C. NON-RENEWAL 1. The Insurer can non-renew the policy by giving written notice to the Named Insured, at the last mailing address known to the Insurer, and the producer of record at least sixty (60) days but not more than one hundred twenty (120) days before the expiration date. 2. The notice of non-renewal will state the actual reason for non-renewal. 3. If notice is mailed, proof of mailing will be sufficient proof of notice. 4. A notice of non-renewal will not be required in any of the following situations: a. The transfer of, or renewal of, a policy without change in its terms or conditions or the rate on which the premium is based between insurers that are members of the same insurance group. b. The policy has been extended for ninety (90) days or less, if the notice required has been given prior to the extension. c. The Named Insured has obtained replacement coverage or has agreed, in writing, within sixty (60) days of the termination of the policy, to obtain that coverage. d. The policy is for a period of no more than sixty (60) days and the Named Insured is notified at the time of issuance that it may not be renewed. e. The Named Insured requests a change in the terms or conditions or risks covered by the policy within sixty (60) days prior to the end of the policy period. f. The Insurer has made a written offer to the Named Insured, within the prescribed time period, to renew the policy under changed terms or conditions or at a changed premium rate, where the increase is more than 25%. As used herein, "terms or conditions" includes, but is not limited to, a reduction in limits, elimination of coverages, or an increase in deductibles. 5. In the case of conditional renewal, failure of the Named Insured to satisfy conditions provided by the Insurer for renewal, by the expiration date of the policy or sixty (60) days after mailing or delivery of such notice, whichever is later, the conditional renewal shall be treated as an effective non-renewal. CNA62814CA (9-12) VALLEY FORGE INSURANCE COMPANY Insured Name: HABITAT RESTORATION SCIENCES, INC. Copyright CNA All Rights Reserved. Policy No: 6049996792 Endorsement No: Effective Date: 07/15/2017 !!!!!!!!! CNA CNA PARAMOUNT Cancellation I Non-Renewal -California D. CONDITIONAL RENEWAL 1. If the policy has been in effect for more than sixty (60) days or if the policy is a renewal, effective immediately no increase in premium, reduction in limits, or change in the conditions of coverage shall be effective during the policy period unless based upon one of the following reasons: a. Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards by the Named Insured or lnsured(s) which materially increase any of the risks or hazards insured against. b. Failure by the Named Insured or lnsured(s) to implement reasonable loss control requirements which were agreed to by the Insured as a condition of policy issuance or which were conditions precedent to the use by the Insurer of a particular rate or rating plan, if the failure materially increases any of the risks insured against. c. A determination by the commissioner that loss of or changes in an insurer's reinsurance covering all or part of the risk covered by the policy would threaten the financial integrity or solvency of the Insurer unless the change in the terms or conditions or rate upon which the premium is based is permitted. d. A change by the Named Insured or lnsured(s) in the activities or property of the commercial or industrial enterprise which results in a materially added risk, a materially increased risk, or a materially changed risk, unless the added, increased, or changed risk is included in the policy. 2. A written notice will be mailed or delivered to the Named Insured, at the last mailing address known to the Insurer, and the producer of record at least sixty (60) days prior to the effective date of any increase, reduction or change. 3. The notice will state the effective date of, and the reasons for, the increase, reduction or change 4. If notice is mailed, proof of mailing will be sufficient proof of notice. E. ADDITIONAL PROVISIONS 1. If the Insurer is an associate participating insurer as established by Cal. Ins. Code Section 10089.16, solely with respect to coverage for real property used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household property contained in a residential unit: a. The Insurer shall not cancel or refuse to renew such coverage existing on the date the Insurer elected to become an associate participating insurer after an offer of earthquake coverage is accepted solely because the insured has accepted that offer of earthquake coverage; and b. The Insurer shall not cancel such coverage unless the policy is properly canceled pursuant to Paragraph A above; and c. The Insurer may refuse to renew a policy of residential property insurance after an offer of earthquake coverage has been accepted only if: i. The policy is terminated by the Named Insured; ii. The policy is refused renewal on the basis of sound underwriting principles that relate to the coverages provided by the policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as required by existing law; iii The Commissioner of Insurance finds that the exposure to potential losses will threaten the solvency of the Insurer or place the Insurer in a hazardous condition. A hazardous condition includes, but is not limited to, a condition in which the Insurer makes claims payments for losses resulting from an CNA62814CA (9-12) Policy No: 6049996792 Endorsement No: VALLEY FORGE INSURANCE COMPANY Effective Date: o 7 / 1 s / 2 o 1 7 Insured Name: HABITAT RESTORATION SCIENCES' INC. Copyright CNA All Rights Reserved. CNA CNA PARAMOUNT Cancellation/ Non-Renewal -California earthquake that occurred within the preceding two years and that required a reduction in policyholder surplus of at least twenty-five percent (25%) for payment of those claims; or iv. The Insurer has lost or experienced a substantial reduction in the availability or scope of reinsurance coverage or a substantial increase in the premium charged for reinsurance coverage for its residential property insurance policies, and the Commissioner of Insurance has approved a plan for the nonrenewals that is fair and equitable, and that is responsive to the changes in the Insurer's reinsurance position. 2. If this policy contains an exclusion barring coverage for the peril of corrosive soil conditions, the Insurer shall not cancel or refuse to renew the policy solely because corrosive soil conditions exist on the location. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA62814CA (9-12) VALLEY FORGE INSURANCE COMPANY Insured Name: HABITAT RESTORATION SCIENCES' INC. Copyright CNA All Rights Reserved. Policy No: 6049996792 Endorsement No: Effective Date: 07/15/2017 CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named lnsured's business. 10. EXPECTED OR INTENDED INJURY-EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE -PER PROJECT A. For each construction project away from premises the Named Insured 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. All damages under Coverage A, except damages because of bodily injury or property damage included in the products-completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences 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 under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products-completed operations hazard; and 3. Medical expenses under Coverage C 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 or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. E. If a single construction project away from premises owned by or rented to the Insured 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. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. CNA74705XX (1-15) VALLEY FORGE INSURANCE COMPANY Insured Name: HABITAT RESTORATION SCIENCES' INC. Policy No: 6049996792 Endorsement No: Effective Date: 07/15/2017 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc .. with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04108 (Ed. 9-14) 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 2% of the total manual premium otherwise due on such remuneration. The minimum premium for this endorsement is $350. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. BLANKET WAIVER Person/Organization Job Description All CA Operations SCHEDULE Blanket Waiver -Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Waiver Premium This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 07/15/2017 Insured Habitat Restoration Sciences, Inc. Policy No. HAWC807339 Endorsement No. Premium$ Insurance Company Berkshire Hathaway Homestate Ins Co WC 99 04108 (Ed. 9-14) Countersigned by _______________ _