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HomeMy WebLinkAbout2006-09-12; City Council; 18719; Avenida Encinas Consultant agreementCITY OF CARLSBAD - AGENDA BILL 14 AB# 18,719 MTG. 9/12/06 DEPT. ENG APPROVING A CONSULTANT AGREEMENT FOR ENGINEERING AND ENVIRONMENTAL SERVICES FOR THE WIDENING OF AVENIDA ENCINAS AND APPROPRIATING FUNDS, PROJECT NO. 6004 DEPT. HEAD^£$- CITY ATTY. f^5^ CITY MGR. \ i/ " RECOMMENDED ACTION: Adopt Resolution No. 2006-266 approving a consultant agreement with Boyle Engineering Corporation for engineering and environmental services for the widening of Avenida Encinas and appropriating funds, Project No. 6004. ITEM EXPLANATION: Avenida Encinas, south of Palomar Airport Road, has been constructed in various widths concurrent with adjacent development. The street is designated as a secondary arterial and approximately one mile of roadway varies between a two-lane road and the ultimate configuration of 64 feet curb face to curb face. Staff is currently designing the Coastal Rail Trail from Palomar Airport Road south to the Poinsettia Coaster Station. North County Transit District has requested the City locate the trail as far to the east of the tracks as feasible. Portions of Avenida Encinas, when constructed to its ultimate alignment, will be located on property currently owned by North County Transit District. Determination of the final alignment of Avenida Encinas will be necessary to design the Coastal Rail Trail project. The previous alignment for the Coastal Rail Trail project is not acceptable to North County Transit District. In order to move forward with this portion of the Coastal Rail Trail project, the ultimate vertical and horizontal alignment of Avenida Encinas on North County Transit District property needs to be established. On October 6, 2005, six firms submitted statements of qualifications. The qualifications and proposals were reviewed and ranked by a selection committee comprised of Engineering and Planning Department staff members. This committee selected the firm of Boyle Engineering Corporation. Staff has negotiated a scope of work with Boyle Engineering Corporation to perform design studies and obtain environmental documentation required for feasibility study for future roadway construction. ENVIRONMENTAL IMPACT: This project has been determined to be statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15262, Feasibility and Planning Studies, of the State CEQA Guidelines and will not have any adverse significant impact on the environment. FOR CITY CLERKS USE ONL Y. COUNCIL ACTION: APPROVED tST DENIED O CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF O OTHER - SEE MINUTES O Page 2 FISCAL IMPACT: The cost proposal from Boyle Engineering Corporation is for time and materials, not-to-exceed $194,104, to complete preliminary design and environmental review for Avenida Encinas widening. In addition, $30,896 is requested for staff overhead to manage the contract, for a total of $225,000. The project is currently programmed in the Capital Improvement Program (CIP) for 2010-2014. Staff recommends moving the design of the widening forward to facilitate the design of the Coastal Rail Trail and appropriating $225,000 from the Traffic Impact Fee fund. OPTIONS TO CITY COUNCIL Option 1: Move forward with the design of Avenida Encinas. Staff can then consider alternative designs for both the roadway and trail that limit the impact of the roadway and trail on property owned by North County Transit District. This will ensure that the Coastal Rail Trail construction continues as scheduled in the Capital Improvement Program (CIP). Option 2: Not move forward with the design of Avenida Encinas. Without the final design work, North County Transit District may not approve the alignment within their right-of-way until the City has a final alignment for Avenida Encinas, thereby delaying the construction of the Coastal Rail Trail. In addition, should the City Council decide not to move forward with the design of Avenida Encinas, and the North County Transit District approves an alignment for the Coastal Rail Trail project that meets their Design Guidelines, the alignment may affect the future alignment of Avenida Encinas requiring the future road widening project to relocate the trail. The Coastal Rail Trail project is funded through federal grants. The funds may not be available if the City delays the design of the Coastal Rail Trail project. Staff is recommending the City Council move the design of Avenida Encinas forward in the Capital Improvement Program. EXHIBITS: 1. Location map. 2. Resolution No. 2006-266 approving a consultant agreement with Boyle Engineering Corporation for engineering and environmental services for widening of Avenida Encinas and appropriating funds, Project No. 6004. 3. Consultant agreement with Boyle Engineering. DEPARTMENT CONTACT: Sherri Howard, (760) 602-2756, showa@ci.carlsbad.ca.us LOCATION MAP SITE NOT TO SCALE SITE VICINITY MAP NOT TO SCALE PROJECT NAME AVENIDA ENCINAS WIDENING PROJECT NUMBER 60041 EXHIBIT 1 DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 9/14/05 C:\CAPITAL\HOWARD\60041.DWG 1 RESOLUTION NO. 2006-266 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3" 4 5 6 7 8 9 10 11 12 13 CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT AGREEMENT WITH BOYLE ENGINEERING CORPORATION, FOR ENGINEERING AND ENVIRONMENTAL SERVICES FOR THE WIDENING OF AVENIDA ENCINAS AND APPROPRIATING FUNDS - PROJECT NO. 6004. WHEREAS, Boyle Engineering Corporation, was selected as the most qualified team from six firms for the design and environmental permitting effort for the widening of Avenida Encinas; and WHEREAS, Boyle Engineering Corporation, has submitted a proposal to perform engineering and environmental services for the widening of Avenida Encinas; and WHEREAS, the City Council of the City of Carlsbad, California, has determined it necessary and in the public interest to enter into an agreement between Boyle Engineering Corporation and the City of Carlsbad, California, Project No. 6004; and 14 WHEREAS, the City Council has determined it necessary and in the public interest to move the project forward in the Capital Improvement Program and appropriate funds; and 16 WHEREAS, sufficient Traffic Impact Fee (TIF) funds are available to move forward. 17 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 1 ft' California, as follows: 19 1. That the above recitations are true and correct. 20 2. That the Finance Director is authorized to appropriate $225,000 from the 21 TIF fund. 22 3. That a consultant agreement with Boyle Engineering Corporation, for engineering 23 and environmental services for the widening of Avenida Encinas for Project No. 6004, as 24 described in the attached agreement, is hereby approved and the Mayor is hereby authorized and 25 directed to execute said agreement.26 ///27 /// 28 " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 12th day of September, 2006, by the following vote: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None LORRAINE M. WOOD, (SEAL)v ' PWENG543 AGREEMENT FOR ENGINEERING AND ENVIRONMENTAL SERVICES FOR AVENIDA ENCINAS WIDENING (BOYLE ENGINEERING CORPORATION) / THIS AGREEMENT is made and entered into as of the I/) day of ^O JTHjyvV jl>ls\. 2oQ(£ by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and BOYLE ENGINEERING CORPORATION, a California corporation, ("Contractor"). RECITALS A. City requires the professional services of an engineering contractor that is experienced in preparation of preliminary plans and environmental documentation. B. Contractor has the necessary experience in providing professional services and advice related to design of Avenida Encinas widening. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. City Attorney Approved Version #04.01.02 (J 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be one hundred ninety four thousand one hundred four dollars ($194,104). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. City Attorney Approved Version #04.01.02 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability Insurance. $1.000.000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. City Attorney Approved Version #04.01.02 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 1-0.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. City Attorney Approved Version #04.01.02 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: For Contractor: Name Glenn Pruim Name Michael Crull Title Public Works Director Title Dept Public Works CITY OF CARLSBAD BOYLE ENGINEERING CORPORATION Address 1635 Faraday Avenue Address 7807 Convoy Court, Suite 200 Carlsbad, CA 92008 San Diego, CA 92111 Phone No. (760) 602-2407 Phone No. Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. City Attorney Approved Version #04.01.02 Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. City Attorney Approved Version #04.01.02 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.. the False Claims Act applies to this Agreement and, 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 information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. City Attorney Approved Version #04.01.02 1- 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version #04.01.02 8 26. 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^ this Agreement, CONTRACTOR BOYLJ INC/a ING CORPORATION, rporatipn CITY O corporstti X^ 6slgn~here) ~ PKvffip V. Petrocelli, President S CEO ATTEST: (print name/title) ppetrocelli@boyleenqineerinq.com (e-mail address) **By: (sign here) David W. Huchel. Secretary (print name/title) dhuchel@boyleengineerinq.com (e-mail address) LORRAINE M. WOOD City Cierk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a 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: RONALD R. BALL, City Attorney Bv: KULtO^' Deputy City Attorney City Attorney Approved Version #04.01.02 N CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ><?g&^e&©&g&^©e©£©s^^ State of California County of 1 I I ii. iI I I I I I On ($'0*7'0(0 Date ill I personally appeared!^ V// A III 4fft f frg-1 before me, Name apdTi)J»ol Officer (e.g.. "Jane Do V' lary Public') C. CommHton* 1*04196 Notary PuMc-CaMomfa Orang* County My Comm. Expire top 3.2009 Name(s) of Signer(s) (^personally known to me D 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. WITNESS my hand and officj OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: / Document Date:_ Number of Pages:. Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer Signer's Name: •<: D Individual D Corporate Officer — Title(s):. D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: <== '- RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:< 1 | Ik I I I 1 1 I ^ 1 !i IkI%I 1999 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Reorder: Call Toil-Free 1-800-876-6827 EXHIBIT "A" City of Carlsbad Avenida Encinas Widening South of Palomar Airport Road Scope of Services January 9,2006 Introduction The City of Carlsbad (City) has selected Boyle Engineering Corporation (Boyle) as the most qualified to perform preliminary engineering, final engineering, and environmental services for the widening of Avenida Encinas (Project). The Project limits are Avenida Encinas between Palomar Airport Road to approximately 500' south of the Poinsettia Coaster Station driveway. The Scope of Services is expected to ultimately include the development of construction contract documents (plans, specifications, and estimate), an approved CEQA environmental document, and permits (i.e. Coastal Development Permit). Because construction funding for the widening of Avenida Encinas is currently un-programmed and not expected to be programmed for several years, this Scope of Services document is generally limited to Right-of-Way Engineering, Preliminary Engineering and environmental approval of the Project. These general scope of services categories were selected to allow the Project's footprint to be defined and to allow further development of the Coastal Rail Trail project and other related projects currently planned in the vicinity. Current Scope of Services tasks are organized into the following primary categories: • Task 100 - Project Start-Up • Task 200 - Initial Right-of-Way Engineering • Task 300 - Preliminary Engineering • Task 400 - Environmental • Task 500 - Project Management, Coordination, and Additional Meetings Future Scope of Services Tasks are expected to include the following primary categories: • Task 600 - Final Engineering • Task 700 - Storm Water Management Plan • Task 800 - Storm Water Pollution Prevention Plan ICDVLk City of Carlsbad Avenida Encinas Widening South of Palomar Airport Road Scope of Services Januarys, 2006 Scope of Services Task 100 - Project Start-Up 101 - Coordination Meeting Boyle will conduct a Kick-off Coordination meeting to discuss and coordinate project issues and tasks including engineering, environmental efforts, project limits, schedules, and other pertinent topics. Boyle will arrange for the meeting and prepare meeting notes. Expected meeting attendees are City Engineering staff, City Planning staff, Boyle Engineering staff, environmental subconsultant staff, and the Coastal Rail Trail design consultant. 102-Site Visit Boyle will perform planning-level field site visit of the Avenida Encinas corridor (and surrounding properties and improvements) within the project limits. The purpose of the site visit will be to establish physical constraints and opportunities relating to road widening. The approximate width of the existing road will be recorded to assist with development of existing and proposed typical cross-sections. The approximate location of railroad tracks will be noted to establish the significance of constraints imposed by railroad operations. A video record and photographic log will be developed for future reference. Boyle staff and their subconsultants are not expected to require entry into North County Transit District (NCTD) Right-of-Way. Therefore an NCTD right- of-entry permit and railroad safety training will not be required. 103 - Obtain and Review Available Data Boyle will obtain and review relevant data and documents to assist with project understanding and project development. Data to be acquired includes documentation related to planned private development projects under discretionary review and planned projects by public Agencies such as the Coastal Rail Trail project and the Vista-Carlsbad sewer interceptor improvement project. Data to be acquired includes existing topographic mapping, bike path alignment and improvements, utility and right-of-way data developed by the City's Coastal Rail Trail design consultant for use with the Coastal Rail Trail project. The Coastal Rail Trail mapping was developed by ETG, inc., utilizing aerial photography commissioned by AMTRAK in 2001. The Coastal Rail Trail mapping was developed utilizing NAD 83 (1991.35 Epoch) coordinates and NGVD 29 vertical control. City of Carlsbad Avenida Encinas Widening South of Palomar Airport Road Scope of Services January 9,2006 104 - Complete Supplemental Surveying, Mapping, and DTM Supplemental surveying, topographic mapping, and a Digital Terrain Model (DTM) will be developed to supplement the existing Coastal Rail Trail mapping. The existing Coastal Rail Trail mapping includes contours adjacent Avenida Encinas, but does not include contours on the existing roadway pavement. The 2001 aerial photography utilized for the existing Coastal Rail Trail mapping will be used in the development of supplemental mapping. The supplemental mapping will add contours to existing roadway pavement areas and will map areas of Avenida Encinas, and the frontage of adjacent parcels, within the project limits that are not included within the existing Coastal Rail Trail mapping. Areas that require mapping but that may be outside of the limits of the existing aerial photography will be mapped utilizing ground survey methods. A DTM surface will be prepared for use with civil engineering computer software to assist in the development of earthwork cross-sections and grading quantities. Please note, up to three days of a two-man survey crew and 20 hours of CAD drafting to complete supplemental and additional ground surveying are assumed for this task. 105 - Develop Existing Utility Base Map An existing utilities base map will be prepared to assist in the identification of potential utility conflicts and utility relocation requirements. Existing utilities within the public street right-of-way will be investigated to establish their approximate locations. Investigations will consist of research of public records and notification of the impending Project to utility providers. The notification to utility providers will include a request for data related to the size and location of their facilities within the Project limits. Utility investigation will include the acquisition of utility base mapping from the City's Coastal Rail Trail design consultant for additional utility information. Task 200 - Initial Right-of-Way Engineering 201 - Develop Existing Right-of-Way Base Map An existing right-of-way base map will be developed that delineates the existing eastern and western City public right-of-way boundaries of Avenida Encinas within the Project's limits. The right-of-way base map will delineate parcel boundaries adjacent private property frontages to Avenida Encinas, and Assessors Parcel Numbers (APN) will be shown. Existing encumbrances on the public right-of-way and encumbrances on private property frontages to Avenida Encinas will be delineated. Development of the existing right-of-way base map will utilize previous and on-going survey research and field investigations by the City's Coastal Rail Trail design consultant. The Coastal Rail Trail design consultant is currently delineating the western side of the City's public right-of- way boundary, adjacent the railroad right-of-way boundary, utilizing public record's research and field locating property corners. Utilizing the western boundary for Avenida Encinas developed by the City's Coastal Rail Trail consultant; Boyle will establish the right-of-way boundary for the undeveloped properties east of Avenida Encinas using additional public records, field research, and by field locating property corners. Delineation of existing encumbrances will be developed through public records research and preliminary title report reviews for individual parcels. Boyle will purchase preliminary title reports for up to 6 parcels adjacent Avenida Encinas within the Project's limits. City of Carlsbad Avenida Encinas Widening South of Palomar Airport Road Scope of Services January9,2006 202 - Submit Existing Right-of-Way Base Map for Agency Review Boyle will submit the existing right-of-way base map for review by the City and NCTD. 203 - Finalize Existing Right-of-Way Base Map Boyle will make corrections to the existing right-of-way base map per comments received during the Agency review period. Task 300 - Preliminary Engineering 301 - Establish Design Roadway Classification and Design Criteria for Widened Roadway The roadway classification for Avenida Encinas, per the City's Circulation Element, will be verified to help establish design criteria for the project. The City's Request for Proposal (RFP) for the Project indicated Avenida Encinas is to be widened to Secondary Arterial standards. The RFP acknowledges that ultimate right-of-way width (84') may not be achievable. Discussions with City staff will be undertaken to determine if a different roadway classification (i.e. Industrial Street) may be more appropriate. A design memo will be prepared at the conclusion of discussions with City staff indicating the design criteria for the Project (design speed, right-of-way width, curb-to-curb width, minimum traffic index, minimum structural section, minimum centerline radius, minimum flowline grade, and on-street parking requirements). Up to three preliminary concept plans at 1" = 80' will be prepared for the City's use in evaluating and considering alternative roadway classifications. 302 - Identify Potential Utility Conflicts and Relocations The existing utilities base map developed in Task 105 above will be provided to the pertinent utility owners for their review and comment. Discussions with City staff will be undertaken to establish consensus on the existing utilities whose precise location should be established. Field investigations to establish precise locations will then be performed on those utilities, consisting of potholing or other acceptable positive location methodologies. The utility owner will first be requested to provide precise location information. If the utility owner is not agreeable, potholing will be performed by a Contractor working under Boyle's direction. Field survey crews will be utilized to tie the existing utility location to project survey control for reference on to the project coordinate control system. 303 - Develop Geometric Alternatives Geometric alternatives for the widening of Avenida Encinas will be developed for evaluation and discussion. Discussion with City staff will be conducted to select conceptual variations that merit development as a geometric alternative. The conceptual variations selected will be developed as geometric alternatives, allowing further review and evaluation. It is anticipated that three (3) geometric alternatives will be developed. The design criteria established in Task 301 above will be used to direct the development of the geometric alternatives. The geometric alternatives are expected to maintain the existing vertical profile of Avenida Encinas. City of Carlsbad Avenida Encinas Widening South of Palomar Airport Road Scope of Services January 9,2006 The geometric alternatives developed will consist of horizontal alignment, plan-view layout, lane configuration (striping), typical cross-sections, and superelevation (if utilized). Three 1"=80' scale long plots showing the entire alignment in plans and profile view will be prepared. Geometric alternatives will be developed in accordance with the design criteria, and will seek to reduce right-of-way acquisition requirements, utility conflicts, and impacts to related private projects in the vicinity, facilitate Coastal Rail Trail project development, avoid environmental impacts, and reduce cost. 304 - Develop Preliminary Roadway Drainage Study A Preliminary Roadway Drainage Study will be prepared for the Project. Boyle will evaluate existing and future drainage systems to accommodate future design flows for each geometric alternative. The Preliminary Roadway Drainage Study will be developed in coordination with the Coastal Rail Trail project to determine appropriately sized drainage facilities and establish storm water treatment BMP's for the corridor. 305 - Develop Engineer's Estimate of Cost Capital costs for each of the geometric alternatives will be developed, consisting of construction costs and right-of-way acquisition costs. Construction costs will be estimated by performing quantity calculations for major construction bid items and applying unit costs to those items utilizing current bid history data. Right-of-way acquisition costs will be evaluated by estimating the total area needed for acquisition and applying an appropriate unit cost toward the acquisition. Recommendations will be sought from City staff regarding the appropriate right-of-way acquisition unit cost for the right-of-way estimate. 306 - Evaluate Geometric Alternatives The geometric alternatives will be evaluated with regard to traffic operational characteristics, compatibility with related projects, right-of-way acquisition requirements, potential utility conflicts, potential environmental impacts, on-street parking opportunity, capital cost, and other relevant factors. A preferred geometric alternative will be recommended at the conclusion of the evaluation process. 307 - Perform Quality Control A formal Quality Control process will be undertaken for all deliverables prior to submittal for agency review. A quality control review of each alternative will be performed, and corrections made. 308 - Assemble and Submit Preliminary Engineering Boyle will assemble and submit the preliminary engineering plans and related materials for City review. City of Carlsbad Avenida Encinas Widening South of Palomar Airport Road Scope of Services January 9,2006 309 - City Review of Preliminary Engineering The City will review the preliminary engineering plans and related materials. 311 - Finalize Geometric Alternatives Given City comments on the Geometric Alternatives and other related materials, finalize the Geometric Alternatives. Task 400 - Environmental 401 - Prepare Biological Letter Report Boyle's subconsultant, EDAW, will prepare a Biological Letter Report for the Project. EDAW will use the baseline data and the findings of the biological reports for Reach 5 of the Coastal Rail Trail project to the extent possible. Areas east of Avenida Encinas and south of the Poinsettia Coaster Station will be surveyed for biological resources for the Project. The Biological Study Area (BSA) is defined as beginning at the driveway to the Carlsbad Poinsettia Coaster Station and continuing south approximately 500', including a 100-foot buffer on each side of the road. No field work within the NCTD right-of-way is expected. EDAW will prepare a base map of the BSA using available digital topographic, aerial, and parcel Geographic Information System (GIS) data layers prior to conducting the site survey. EDAW will review past biological studies for the project area and data from the California Natural Diversity Database (CNDDB) for species and vegetation to determine sensitive resources previously recorded for the project vicinity. Focused protocol surveys for sensitive species are not expected. A preliminary review indicates there is not suitable habitat for the coastal California gnatcatcher in the BSA. It is also expected that the project would not impact any wetland areas and no delineation and wetland permitting would be required. 402 - Prepare Cultural Letter Report Boyle's subconsultant, EDAW, will prepare a Cultural Letter Report for the Project. EDAW will use the baseline data and the findings of the cultural reports for Reach 5 of the Coastal Rail Trail project to the extent possible. A qualified EDAW archaeologist will perform a pedestrian field survey for cultural resources along the eastern side of the roadway and the southern portion of the widening alignment not surveyed for the CRT project. Negative findings for both the records search and the field survey are anticipated. Findings will be documented in the Cultural Letter Report. ICJVU City of Carlsbad Avenida Encinas Widening South of Palomar Airport Road Scope of Services January 9,2006 403 - Prepare Noise Letter Report Boyle's subconsultant, EDAW, will prepare a Noise Letter Report for the Project. The Noise Letter Report will assess potential noise impacts to surrounding land uses and provide a basic quantification of potential future noise that may result from increased traffic volume on the widened roadway. Two ambient noise measurements will be taken as a baseline noise environment, including existing levels with train noise. Noise sensitive receptors in the area will be identified. Because there is no traffic study being prepared for the Project, information either from SANDAG traffic forecasts or City forecasts (Year 2030) will be used to estimate future traffic volumes and correlating future noise levels. Existing noise levels and the future traffic volumes will be used to calculate future noise levels at representative sensitive receptors. Findings will be documented in the Noise Letter Report. 404 - Develop Initial Study and Mitigated Negative Declaration Boyle's subconsultant, EDAW, will prepare an Initial Study (IS) Checklist form and a Mitigated Negative Declaration (MND) for the Project. The MND will incorporate the Biology, Cultural, and Noise Reports as technical appendices. The IS/MND will be prepared per City guidelines and format. All environmental issues and checklist questions in the IS form will be addressed and analyzed as appropriate. EDAW will reference to the CRT studies and MND and other appropriate studies completed in the project area. EDAW will prepare an Administrative Draft MND and provide copies for review. After comments are received, EDAW will prepare a Draft MND for public review. EDAW will prepare response to comments and revise the document once the 30-day public comment period is complete. EDAW assumes that there will be no more than 10 substantive comments. Once comments are responded to and the MND appropriately revised, EDAW will produce the Final MND for approval by the City. EDAW assumes that all MND noticing requirements will be prepared and filed by the City. 404 - Develop Coastal Development Permit Application Boyle's subconsultant, EDAW, will prepare a Coastal Development Permit Application. The Project site is within the City's Local Coastal Plan permit authority. EDAW will assist in preparation of a Local Coastal Development Permit (CDP) application package. The permit application will be based on information in the MND and technical appendices. The permit application will be prepared per City requirements for public noticing including a map showing all assessor parcels within both the 600-foot (owners) and 100-foot (residents) noticing radii. City staff will be responsible for all public noticing requirements of the CDP, including posting hearing notices onsite, mailing the notices, and related administrative tasks. The permit application will be submitted with the Draft MND. The permit will likely be issued by the City Council with approval of the Final MND. City of Carlsbad Avenida Encinas Widening South of Palomar Airport Road Scope of Services January 9,2006 Task 500 - Project Management, Coordination, and Additional Meetings 501 - Provide Project Management Boyle will provide project management for the Project throughout the duration of anticipated tasks. The duration for the currently proposed Scope of Services is expected to be 12 months. Project Management tasks are expected to include on-going evaluation of the Project schedule and budget, development of project files for all project related correspondence and deliverables, maintenance of project CADD files and design files, development of monthly progress reports, and development of monthly invoices for services rendered. 502 - Attend Project Meetings Boyle will organize and participate in Project meetings throughout the Project's expected duration. Project meeting tasks are expected to include organizing meetings, developing agendas, sending invitations, chairing project meetings, and developing draft and final meeting minutes for each project meeting. Project meetings are expected to be conducted with City Engineering staff, City Planning staff, North County Transit District (regarding bus stops along Avenida Encinas and the proposed NCTD Operations Facility), resource agencies, the Coastal Rail Trail design consultant, and the proponents of related projects. 503 - Provide Project Coordination Boyle will provide Project coordination throughout the Project's expected duration. Project coordination generally will be conducted via written correspondence, phone discussions and e- mail. Coordination is expected with City Engineering staff, City Planning staff, North County Transit District, resource agencies, the Coastal Rail Trail design consultant, and the proponents of related projects. 1UB)rnsuo:>qns 3u|dde(v l«r»V rE jns pue'j ajepossy joiejado aaVO u3paa j»u3ug jedpuu j 83 SR Jiiai us R a s a S3 EngiaseISuTask 200 - kiltlal Rlaht-of-«a ss S3sss sss ssa J3S sss i1> I! ss nn §aa as as 3 HSS S!!! as ^s.s 51 8 s saa tect M^nSubTasS3 !l sis aa « gSSSSSSSSS illlll !!•!!§! Client#:5155 BOYLEENGI jLCQfia CERTIFICATE OF LIABILITY INSURANCE FWO'nUCER Dealey, Renton & Associates P. O. Box 10550 Santa Ana, CA 92711-0550 714427-6810 INSURED Boyle Engineering Corporation 1501 Quail Street Newport Beach, CA 92660-2726 DATE (MM/DD/YY) 01/31/06 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERS Hartford Fire Ins. Co. INSURER B: Travelers Property Casualty Co of Am INSURER c: Travelers Indemnity Co. of Connectic INSURER D: XL Specialty Insurance Co. INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MCD LTR TYPE OF INSURANCE A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY^ „ _ ! v i ^r X CONTRACTUAL X BFPD, XCU GEN'L AGGREGATE LIMIT APPLIES PER: POLICY | X JECT 1 X I LOC B AUTOMOBILE LIABILITY X ANY AUTO j ALL OWNED AUTOS j 1 i SCHEDULED AUTOS i X HIRED AUTOS X NON-OWNED AUTOS ~ 1 1 GARAGE LIABILITY 1 : ANY AUTO EXCESS LIABILITY | OCCUR I ! CLAIMS MADE i '[ DEDUCTIBLE RETENTION $ C WORKERS COMPENSATION AND j EMPLOYERS' LIABILITY POLICY NUMBER 57CESSS9265 If-iDF. CONTRACTORS INCLUDED 8109505B790 UB9505B790 D OTHER professional DPR9415342 Liability POLICY EFFECTIVEDATE (MM/DO/YY) 12/31/05 12/31/05 12/31/05 12/31/05 POLICY EXPIRATIONDATE (MM/DD/YY) 12/31/06 12/31/06 12/31/06 12/31/06 LIMITS EACH OCCURRENCE FIRE DAMAGE (Any one fire) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS -COMP/OPAGG COMBINED SINGLE LIMIT(Ea accident) BODILY INJURY(Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT OTHER THAN ^ ^^ AUTO ONLY: . __AGG EACH OCCURRENCE AGGREGATE v IWCSTATU- OTH-* ITORY LIMITS ER E.L. E'.CH ACCIDENT E.L. DISEASE -EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $1,000,000 $1,000,000 $10,000 $1,000,000 $2,000,000 $2,000,000 $1,000,000 $ $ $ $ $ $ $ $ $ $ $ $1,000,000 $1,000,000 $1,000,000 $1,000,000 per claim $1,000,000 annl aggr. General Liability policy excludes claims arising out of the performance of professional services SD- Engineering & Environmental Services for Avenida Encinas Avenue City of Carlsbad, Its Officials, Employees and Volunteers are (See Attached Descriptions) CERTIFICATE HOLDER ADDmONALINSURED;INSURERLETTER: City of Carlsbad Attn: Kevin Davis 1635 Faraday Avenue Carlsbad, CA 92008 CANCELLATION Ten Day Notice for Non-Payment of Premium SHOULD AN YOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3Q_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDERNAMED TO THE LEFT, BUT FAILURE TODOSOSHALL IM POSE NOOBLIGATION OR LIABILITY OF ANYKIND UPON THE INSURER.ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ./J />, i ACORD 25-S (7/97)1 of 2 #S149269/M147678 RLL © ACORD CORPORATION 1988 DESCRIPTIONS (Continued from Page 1) Additional Insured as respects to General Liability. Primary and Non Contributing coverage applies to GL. (GL-AI/PK) AMS 25.3 07/97)2 of 2 #S149269/M147678 POLICY NUMBER: 57CESSS9265 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Carlsbad Attn: Kevin Davis 1635 Faraday Avenue Carlsbad, CA 92008 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Additional Insured Continued: Its Officials,Employees and Volunteers PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. CG20 10 11 85 Best's Rating Center - Company Information for Hartford Fire Insurance C... Page 1 of 1 Hartford Fire Insurance Company (a member of Hartford Insurance Group) (view securities for related issuers) A.M.Best#: 02231 NAIC #: 19682 FEIN #: 060383750 Address: Hartford Plaza Hartford, CT 061 1 5 Phone: 860-547-5000 Fax: 860-547-6343 Web: www.thehartford.com Best's Ratings Print this page Financial StrengthAssigned to companies that have, in our opinion, a superior ability to meet their ongoing obligations to policyholders. Financial Strength Ratings View Definitions Rating: A+ (Superior) Affiliation Code: p (Pooled) Financial Size Category: XV ($2 billion or more) Outlook: Stable Action: Affirmed Effective Date: July 14, 2005 Issuer Credit Ratings Long-Term: aa- Outlook: Stable Action: Assigned Date: July 14, 2005 View Definitions http://www3.ambest.com/Ratings/FullProfile.asp?amb=2231&URATINGI... 02/23/2006 Company Profile Page 1 of 2 Company Profile HARTFORD FIRE INSURANCE COMPANY 55 FARMINGTON AVENUE, SUITE 100 HARTFORD, CT 06105-3725 800-243-5860 Agent for Service of Process LORI CASTANEDA, 2730 GATEWAY OAKS DR SUITE 100 SACRAMENTO, CA 95833 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 19682 NAIC Group #: 0091 California Company ID #: 0085-1 Date authorized in California: January 07, 1870 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: CONNECTICUT Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossa AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LEGAL INSURANCE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information http://cdinswww.insurance.ca.gov/pls/wu_co_lines/idb_co_prof_utl.get_co... 02/23/2006 Company Profile Page 2 of 2 Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - December 13, 2005 09:17 PM Copyright © California Department of Insurance Disclaimer http://cdinswww.insurance.ca.gov/pls/wu_co_lines/idb_co_prof_utl.get_co... 02/23/2006 Best's Rating Center - Company Information for Travelers Property Casual... Page 1 of 1 Travelers Property Casualty Co of Amer (a member of St. Paul Travelers Group) (view securities for related issuers) A.M.Best #: 04461 NAIC #: 25674 FEIN #: 362719165 I Print this page Address: One Tower Square Hartford, CT 06183 Best's Ratings Phone:860-277-0111 Fax: 860-277-8012 Web: www.stpaultravelers.com Financial StrengthAssigned to companies that have, in our opinion, a superior ability to meet their ongoing obligations to policyholders. Financial Strength Ratings View Definitions Rating: A+ (Superior) Affiliation Code: g (Group) Financial Size Category: XV ($2 billion or more) Outlook: Stable Action: Affirmed Effective Date: July 13, 2005 * Denotes Under Review Best's Ratings Issuer Credit Ratings Long-Term: aa- Outlook: Stable Action: Affirmed Date: July 13, 2005 View Definitions http://www3.ambest.com/ratings/FullProfile.asp?Bl=0&AMBNum=4461&... 02/23/2006 Company Profile Page 1 of 2 Company Profile TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA ONE TOWER SQUARE, 4MN TRAVELERS / Mary T. Restelli HARTFORD, CT 06183 800-252-4633 Former Names for Company Old Name: TRAVELERS INDEMNITY COMPANY OF ILLINOIS (THE) Effective Date: 01-12-2005 Agent for Service of Process LORI CASTANEDA, 2730 GATEWAY OAKS DR SUITE 100 SACRAMENTO, CA 95833 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 25674 NAIC Group #: 3548 California Company ID #: 2495-0 Date authorized in California: April 16,1982 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: CONNECTICUT Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossar AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents http://cdinswww.insurance.ca.gov/pls/wu_co_lines/idb_co_prof_utl.get_co... 02/23/2006 Company Profile Page 2 of 2 Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - December 13, 2005 09:17 PM Copyright © California Department of Insurance Disclaimer http://cdinswww.insurance.ca.gov/pls/wu_co_lines/idb_co_prof_utl.get_co... 02/23/2006 Best's Rating Center - Company Information for Travelers Indemnity Com... Page 1 of 1 Travelers Indemnity Company of CT (a member of St. Paul Travelers Insurance Companies) A.M.Best #: 02517 NAIC #: 25682 FEIN #: 060336212 Address: One Tower Square Phone: 860-277-0111 Hartford, CT 06183 Fax: 860-277-7002 Web: www.stpaultravelers.com Print this page Assigned to companies that have, in our opinion, a superior ability to meet their ongoing obligations to policyholders. Best's Ratings Financial Strength Ratings View Definitions Rating: A+ (Superior) Affiliation Code: g (Group) Financial Size Category: XV ($2 billion or more) Outlook: Stable Action: Affirmed Effective Date: May 30, 2006 Issuer Credit Ratings Long-Term: aa- Outlook: Stable Action: Affirmed Date: May 30, 2006 View Definitions http://www3.ambest.com/Ratings/FullProfile.asp?amb=2517&URATINGI... 09/12/2006 Company Profile Page 1 of 2 Company Profile TRAVELERS INDEMNITY COMPANY OF CONNECTICUT (THE) ONE TOWER SQUARE, 4MN TRAVELERS / Mary T. Restelli HARTFORD, CT 06183-1190 800-543-2859 Former Names for Company Old Name: TRAVELERS INDEMNITY COMPANY OF RHODE ISLAND (THE) Effective Date: 09-12-1995 Old Name: EQUITABLE FIRE AND MARINE INSURANCE COMPANY Effective Date: 10-08-1971 Agent for Service of Process LORI CASTANEDA, 2730 GATEWAY OAKS DR SUITE 100 SACRAMENTO, CA 95833 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 25682 NAIC Group #: 3548 California Company ID #: 0056-2 Date authorized in California: June 28, 1890 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: CONNECTICUT Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossa AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY DISABILITY FIRE LEGAL INSURANCE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information http://cdinswww.insurance.ca.gov/pls/wu_co_lines/idb_co_prof_utl.get_co... 02/23/2006 Company Profile Page 2 of 2 Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - December 13, 2005 09:17 PM Copyright © California Department of Insurance Disclaimer http://cdinswww.insurance.ca.gov/pls/wu_co_lines/idb_co_prof_utl.get_co... 02/23/2006 Best's Rating Center - Company Information for XL Specialty Insurance C... Page 1 of 1 XL Specialty Insurance Company (a member of XL Capital Group) (view securities for related issuers) A.M.Best #: 00779 NAIC #: 37885 FEIN #: 850277191 Phone: 203-964-5200 Fax: 203-964-0763 Web: www.xlcapital.com I Print this page Address: Seaview House, 70 Seaview Avenue Stamford, CT 06902-6040 Best's Ratings Financial Strength Ratings View Definitions Rating: A+ (Superior) Affiliation Code: p (Pooled) Financial Size Category: XV ($2 billion or more) Outlook: Stable Action: Affirmed Effective Date: December 21, 2005 * Denotes Under Review Besfs Ratings Assigned to companies that have, in our opinion, a superior ability to meet their ongoing obligations to policyholders. Issuer Credit Ratings View Definitions Long-Term: aa- Outlook: Stable Action: Affirmed Date: December 21, 2005 http://www3.ambest.com/ratings/FullProfile.asp?Bl=0&AMBNum=779&... 02/23/2006 Company Profile Page 1 of 2 Company Profile XL SPECIALTY INSURANCE COMPANY 1201 N. MARKET STREET, SUITE 501 WILMINGTON, DE 19801 800-394-3909 Former Names for Company Old Name: INTERCARGO INSURANCE COMPANY Effective Date: 08-04-2000 Old Name: INTERNATIONAL CARGO AND SURETY INSURANCE COMPANY Effective Date: 06-22-1994 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC#: 37885 NAIC Group #: 1285 California Company ID #: 3236-7 Date authorized in California: March 23,1990 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: DELAWARE Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BURGLARY COMMON CARRIER LIABILITY DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information http://cdinswww.insurance.ca.gov/pls/wu_co_lines/idb_cojprof_utl.get_co... 02/23/2006 Company Profile Page 2 of 2 Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - December 13, 2005 09:17 PM Copyright © California Department of Insurance Disclaimer http://cdinswww.insurance.ca.gov/pls/wu_co_lines/idb_co_prof_utl.get_co... 02/23/2006