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HomeMy WebLinkAboutHabitat Restoration Sciences Inc; 2018-04-12; PWM18-138TRANRECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2018-0531312 I IIIIII IIIII IIIII IIIII llll llllll lllll lllll lllll lllll lllll lllll llll llll Dec 28, 2018 10:41 AM OFFICIAL RECORDS Ernest J Dronenburg, Jr , SAN DIEGO COUNTY RECORDER FEES $0 00 (SB2 Atkins. $0 00) PAGES 1 Space above this line for Recorder's use. PARCEL NO: 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 is 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 October 10, 2018. 6. The name of the contractor for such work or improvement is Habitat Restoration Sciences. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Project No.6607, (PWM18-138TRAN), Vegetation Removal and Minor Grading on Carlsbad Boulevard. 8. The street address of said property is at Carlsbad Boulevard, North of Island Way, in the City of Carlsbad. CITY ~~RLSBA: t'l11kr \(LJ{ City Manager l} VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City o arlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on O 20JY, accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on &~. } ) , 20/">{, at Carlsbad, California. C:\Users\epa,v\Desktop\NOC-Vegetation Removal and Minor Grading on Carlsbad Blvd .. doc CITY OF CARLSBAD . "--~~K.-rilczil'VIJ\f--/ L.2_ARBARA ENGLESON Ji' City Clerk CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Habitat Restoration Sciences has completed the contract work required for Project No. 6607 (PWM18-138TRAN) Vegetation Removal and Minor Grading on Carlsbad Blvd .. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS City of Carlsbad Vegetation Removal and Minor Grading VALUE $1,200.00 CERTIFICATION OF COMPLETION OF IMPROVEMENTS ~ Engineering Manar CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described contract is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carlsbad is hereby directed to commence maintaining the above described improvements. ,~J · 10 · I 6 Date APPROVED AS TO FORM: CELIA BREWER, City Attorney C.\Userslepaiv\Desktop\API -Vegetation Removal and Minor Grading on Carlsbad Blvd. doc PWM 18-138TRAN CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT VEGETATION REMOVAL AND MINOR GRADING ON CARLSBAD BLVD NORTH OF ISLAND WAY; CONT. NO. 6607 This agreement is made on the l 2..."""" day of A-Pr: i \ , 2018, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Habitat Restoration Sciences, Inc., a California corporation whose principal place of business is 1217 Distribution Way, Vista, CA 92081 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor's proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: 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. Vegetation Removal and Minor Grading on Carlsbad Blvd; Cont. No. 6607 Page 1 of 6 City Attorney Approved 9/27/16 PWM 18-138TRAN FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: ~g;'~ , 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. 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. Vegetation Removal and Minor Grading on Carlsbad Blvd; Cont. No. 6607 Page 2 of 6 City Attorney Approved 9/27/16 PWM 18-138TRAN 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 five (5) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within thirty (30) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. Ill Ill Ill Ill Ill Ill Ill Habitat Restoration Sciences, Inc., (name of Contractor) 842661 (Contractor's license number) A & C-27 (license class. and exp. date) 1000003125 (DIR registration number) 6/30/2018 (DIR registration exp. date) Vegetation Removal and Minor Grading on Carlsbad Blvd; Cont. No. 6607 Page 3 of 6 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 9/27 /16 PWM 18-138TRAN 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 By~.:%~ - (sign liere) 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: · Works Director the City Manager 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: (£k ~ Deputy City Attorney Vegetation Removal and Minor Grading on Carlsbad Blvd; Cont. No. 6607 Page 4 of 6 City Attorney Approved 9/27 /16 PWM 18-138TRAN 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 None Total% Subcontracted: -0-------- The Contractor must perform no less than fifty percent (50%) of the work with its own forces Vegetation Removal and Minor Grading on Carlsbad Blvd; Cont. No. 6607 Page 5 of 6 City Attorney Approved 9/27/16 PWM 18-138TRAN EXHIBIT B Vegetation Removal and Minor Grading on Carlsbad Blvd North of Island Way Contractor will provide vegetation clearing and grading within a natural channel downstream of a stonn drain outfall to ensure proper conveyance conditions. JOB QUOTATION ITEM UNIT QTY DESCRIPTION PRICE NO. 1 LS 1 Vegetation Removal and Minor Grading $24,000 TOTAL* $24,000 *Includes taxes, fees, expenses and all other costs. Vegetation Removal and Minor Grading on Carlsbad Blvd; Cont. No. 6607 Page 6 of 6 City Attorney Approved 9/27/16 March 6, 2018 Danny Zimny, P.E, Q.S.D Assistant Engineer Public Works -Transportation and Engineering 1635 Faraday Carlsbad, CA 92008 Exhibit"B" HRS 2018-35A Subject: Proposal for Vegetation Removal and Minor Grading near Carlsbad Blvd. Dear Mr. Zimny, Habitat Restoration Sciences, Inc. (HRS) is pleased to present the City of Carlsbad with this proposal for vegetation removal and minor grading. The scope of services is based our review of the project site and direction from the City. Task 1 -Vegetation Removal and Minor Grading Prior to starting work, HRS will prepare a Tier 1 SWPPP and submit to the City. All BMPs recommended in the Tier I SWPPP will be installed. HRS will clear all vegetation (including the pampas and myoporum) from the work area and dispose of off-site in preparation for grading work. HRS will use a mini-excavator and skidsteer to cut approximately 115 CY of soil from the swale to allow for positive drainage out of the recently installed energy dissipater. HRS will grade the swale to have 1 %-2% fall for approximately I 00 LF. The completed swale will be lined with biodegradable erosion control fabric to aid in stabilization. All removed cut material will be spread on-site just west of the swale. Upon completion of grading, all disturbed areas ( estimated to be 0.25 acre or less) with be hydroseeded with BFM and seed as detailed in the attached specifications. HRS anticipates up to 4 work days to complete all tasks described above. ITEM UNIT QTY Description Price NO. 1 LS 1 Vegetation Removal and Minor Grading $24,000.00 TOTAL $24,000.00 All fees will be billed on a time and materials basis and invoiced monthly. The total above would not be exceeded without client approval. Additional services required beyond this scope of work would need to be negotiated between HRS and the client accordingly. Assumptions: HRS assumes State Prevailing Wages apply. HRS assumes the areas will be dry enough for equipment access when work is scheduled. A & c<n L IC #842661 HRSRL ~]ORATION.COM 121 l Oistribution Way Vista, CA 92081 (760) 479-4210 office (760) 479-4190 fax Exhibit"B" Mr. Danny Zimny Proposal for Vegetation Removal and Minor Grading near Carlsbad Blvd. Exclusions: This proposal does not include permit fees, electrical fees, hazardous materials removal, coring, boring, or rock breaking. This proposal does not include creation ofSWPPP plans. This proposal does not include any long-term maintenance or monitoring. This proposal does not include any street sweeping. This proposal does not include any traffic control. Thank you for the opportunity to bid on this work for the City of Carlsbad. 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 at (760) 310-4512 or kmatthews@hrs.dudek.com. Sincerely, HABIT AT RESTORATION SCIENCES, INC. Kyle Matthews, Vice President Attachments: Seed Mix and BFM Specs .HRS 2 2018-35A March 2018 Seed Variety ATTACHMENT G PROPOSED SEED MIX FOR DISTURBED AREA Exhibit"B" Application Rate Average Live Seeds Bulk lbs./acre per pound (PLS) Acmispon glaber, Deerweed 158,840 15.00 Artemisia Californica, California Sagebrush 1,034,280 5.00 Baccharis Pilularis, Coyote Bush 402,150 5.00 Camissonia cheiranthifolia, Beach Evening Primrose 2,074,850 6.00 Deinandra Fasciculata, Tarweed* 131,200 3.00 Encelia californica, California Encelia 48,045 10.00 lsocoma menziesii var. vernonioides, Coastal 67,200 6.00 Golden brush Heliotropium curassavicum, Heliotrope 61,125 4.00 Lupinus bicolor, Pygmy-Leaved lupine* 85,000 3.00 Lupinus succulentus, Arroyo Lupine* 17,000 3.00 TOTAL: 60.00 *Annual Species BONDED FIBER MATRIX A. Bonded fiber matrix must be a hydraulically-applied material composed of fiber and tackifier, and may also include seed and fertilizer if prescribed on the Drawings. B. Apply bonded fiber matrix materials in the locations, rates, and number of applications shown on the Drawings and as follows: 1. Apply in successive passes as necessary to achieve the required application rate. 2. Form a continuous uniform mat with no gaps between the mat and the soil surface as follows: a. Apply in 2 or more directions if necessary. b. Apply in layers as necessary to avoid slumping and aid drying. C. Apply bonded fiber matrix at the rate of 3,500 lb/acre. HABIT-1 OP ID: VP ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 10/02/2017 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 ~2~~~CT Rancho Mesa Insurance Services Rancho Mesa Insurance Services ri:J8Ntro Extl: 619-937-0164 I ;Qc Nol: 619-937-0168 250 Riverview Parkway #401 Santee, CA 92071 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Valley Forge Insurance Co 20508 INSURED Habitat Restoration Sciences, INSURER B : Continental Insurance Company 35289 Inc. INSURER c : Navigators Insurance Company 42307 1217 Distribution Way Vista, CA 92081 INSURER D : Berkshire Hathaway Homestate 20044 INSURER E : Westchester Surplus Lines Ins 10172 INSURER F : Lloyds of London COVERAGES CERTIFICATE NUMBER: 9 REVISION NUMBER: 2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE 1~:~ I:SUBR POLICY EFF (~~~ii~. LIMITS LTR lun,n POLICY NUMBER IMM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -~ CLAIMS-MADE 0 OCCUR u1<rv,1<c,c: \Y{'""'"u X X 6049996792 07/15/2017 07/15/2018 PREMISES Ea occurrence) $ 100,000 X PD DED 1,000 MED EXP (Any one person) $ 15,000 - PERSONAL & ADV INJURY $ 1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 ~ 0PRO-DLoc PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 /Ea accident\ B x ANY AUTO 6049951075 07/15/2017 07/15/2018 BODILY INJURY (Per person) $ -ALL OWNED -SCHEDULED BODILY INJURY (Per accident) $ -AUTOS x AUTOS X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS /Per accident\ -- COMP/COLL DED $ 1000/100C UMBRELLA LIAB M OCCUR EACH OCCURRENCE $ 5,000,000 C x EXCESS LIAB CLAIMS-MADE LA 17EXC8776091V 07/15/2017 07/15/2018 AGGREGATE $ 5,000,000 / OED I I RETENTION$ $ WORKERS COMPENSATION XI ~ffTUTE I I OTH- AND EMPLOYERS' LIABILITY ER D Y/N X HAWC807339 07/15/2017 07/15/2018 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA 1,000,000 (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ ~~sc:~ftfri~ ~~OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,00C E Pollution Liab G46788084001 07/15/2017 07/15/2018 Pollution 2mill/2mill / F Professional Liab ANE175995317 07/15/2017 07/15/2018 Prof Liab 2mill/2mil DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Addillonal Remarks Schedule, may be attached If more space is required) RE: FARADAY AVENUE SLOPE MAINTENANCE. CITY OF CARLSBAD AND ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSURED PER FORM CNA75079XX (1-15) ATTACHED. **30 day notice of cancellation except 10 days for non-pay. (cpagp) CERTIFICATE HOLDER CANCELLATION CITYC10 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF CARLSBAD/CMWD ACCORDANCE WITH THE POLICY PROVISIONS. c/o EXIGIS INSURANCE COMPIANCE SERVICES AUTHORIZED REPRESENTATIVE P.O. BOX 4668 -ECM #35050 f},,{}1~ 1NEW YORK NY 10163-4668 © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD = = = - = - 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 ofCG2010 or the 10-01 edition ofCG2037. 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: 6049996792 Endorsement No: Effective Date: 07/15/2017 Copyright CNA All Rights Reserved. lndudes 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, 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. 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 Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its penmission. 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. 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. CNA CNA PARAMOUNT Changes -Notice of Cancellation or Material Restriction Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART STOP GAP LIABILITY COVERAGE PART TECHNOLOGY ERRORS AND OMISSIONS LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY -NEW YORK DEPARTMENT OF TRANSPORTATION SCHEDULE Number of days notice (other than for nonpayment of premium): 30 Number of days notice for nonpayment of premium: 10 Name of person or organization to whom notice will be sent: CITY OF CARLSBAD (CA) Address: P.O. BOX 4668 ECM 135050 NEW YORK ' NY 10163-4668 If no entry appears above, the number of days notice for nonpayment of premium will be 1 O days. , It is understood and agreed that in the event of cancellation or any material restrictions in coverage during the policy period, the Insurer also agrees to mail prior written notice of cancellation or material restriction to the person or organization listed In the above Schedule. Such notice wlll be sent prior to such cancellation In the manner prescribed in the above Schedule. ~ ---= &iii& iiiiiiii = - 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. = = CNA74702XX (1-15) Policy No: 6049996792 Page 1 of 1 Endorsement No: 2 5 VALLEY FORGE INSURANCE COMPANY Effective Date: 09/19/2017 Insured Name: HABITAT RESTORATION SCIENCES I INC. copyright CNA AD Rights Reserwd. ::: - ~ = CNA72315XX (Ed. 02/13) NOTICE OF CANCELLATION OR MATERIAL CHANGE -DESIGNATED PERSON OR ORGANIZATION It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: In the event of cancellation or material change that reduces or restricts the insurance provided by this Coverage Form, we agree to send prior notice of cancellation or material change to the person or organization scheduled below at the address scheduled below. This endorsement does not amend our obligation to notify the Named Insured of cancellation as described In the Common Polley Conditions or In another endorsement attached to this policy. SCHEDULE 1. Number of days advance notice: __lQ_ Days If we cancel for non-payment of premium. ~ Days if the policy Is cancelled for any other reason, or if coverage is restricted or reduced by endorsement. 2. Person or Organization's Name anc:I Address Name: CITY OF CARLSBAD (CA) Attention: Street Address: PO BOX 4668-EMC 135050 City, State, ZIP: NEW YORK, NY 10163-4668 e-mail address: All other terms and conditions of the Policy remain unchanged. = CNA72315XX (02/13) Policy No: 6049951075 Endorsement No: Page 1 of 1 Effective Date: 09/19/2017 Insured Name: HABITAT RESTORATION SCIENCES, INC. Copyright CNA All Rights Reeerved. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 990410B (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 $350. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. BLANKET WAIVER Person/Organization Job Description All CA Operations SCHEDULE Blanket Waiver -Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Waiver Premium • This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below Is required only when this endorsement Is Issued subsequent to preparation of the pollcy.) Endorsement Effective 07/15/2017 Insured Habitat Restoration Sciences, Inc. Policy No. HAWC807339 Endorsement No. Premium$ Insurance Company Berkshire Hathaway Homestate Ins Co WC990410B (Ed. 9-14) Countersigned by _______________ _