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2015-03-10; City Council; 21885; Agreement Landscape Plan Check Consultant Services
CITY OF CARLSBAD - AGENDA BILL 10 AB# 21,885 APPROVAL OF AGREEMENT FOR LANDSCAPE PLAN CHECK CONSULTANT SERVICES DEPT. DIREaOR , ^ MTG. 3/10/15 APPROVAL OF AGREEMENT FOR LANDSCAPE PLAN CHECK CONSULTANT SERVICES CITY ATTORNEY (_ DEPT. CED APPROVAL OF AGREEMENT FOR LANDSCAPE PLAN CHECK CONSULTANT SERVICES CITY MANAGER '/ RECOMMENDED ACTION: Adopt Resolution No. 2015-060 approving an agreement with MELA (Michael Elliott Landscape Architecture), for landscape and irrigation plan review and inspection and miscellaneous Planning inspection services for current development. ITEM EXPLANATION: The City's Planning Division has, since 1989, contracted for landscape plan checking and inspection services. The services of a landscape plan check consultant are necessary because staff expertise is limited in this area, and the workflow level is variable based on the pace of development. Request for Statement of Qualifications & Proposals were sent to six (6) landscape consulting firms. MELA is the only firm that submitted a Statement of Qualifications & Proposal to the Planning Division. After reviewing the proposal, staff recommends that MELA be hired to carry out landscape and irrigation plan review and inspections services for current development. The MELA proposal was well prepared, exhibited a thorough understanding ofthe scope of work, and included a schedule and cost proposal that is acceptable to staff. MELA has over 30 years of experience with this type of work and has an excellent performance record. Staff is recommending that the city approve the agreement for a two-year period, with two, one year extensions upon approval ofthe City Manager based on the city's need, satisfactory performance by the consultant, and appropriation of funds by the City Council. FISCAL IMPACT: The not-to-exceed amount for the consultant agreement is $150,000 per year. The services provided by the consultant are funded from the Planning Division's Miscellaneous Professional Services account. All consultant fees for landscape plan checking and inspections are recovered through the landscape plan review and inspection fee schedule. Fiscal year-to-date $87,716 has been collected in plan check and inspection revenues and is anticipated to increase by year end. DEPARTMENT CONTACT: Michele Masterson 760-602-4615 michele.mastefsonPcarlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Landscape Consultant Services Page 2 of 2 ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. EXHIBITS: 1. City Council Resolution No. 2015-060 2. Consultant Agreement with MELA (Michael Elliott Landscape Architect) EXHIBIT 1 ^ RESOLUTION NO. 2015-060 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CAUFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND MICHAEL ELUOTT LANDSCAPE ARCHITECT (MELA) 4 FOR LANDSCAPE PLAN CHECK AND INSPECTIONS SERVICES 14 15 16 17 18 21 22 23 24 25 26 WHEREAS, the City Council has determined that it is desirable and necessary to retain a landscape architect to provide plan check and inspection services for current development. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 5 6 7 8 9 California, as follows that: 11 1. The above recitations are true and correct. 12 2. That the City Council hereby authorizes the Mayor to execute an 13 agreement with Michael Elliott Landscape Architect (MELA) for landscape plan check services for current development, for a period of two years, which may be extended by the City Manager for up to two additional one-year periods. 3. That the funds are available in the Planning Division budget. /// 19 /// 20 /// /// /// /// /// /// 27 /// 28 /// 2> 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 ofthe City Council ofthe City of Carlsbad on the day of 2015, by the following vote to wit: AYES: NOES: ABSENT: Council Members Hall, Blackburn, Schumacher, Wood, Packard. None. None. MATT HALL, Mayor ATTEST: SHELLEY COLLINSl CMC, Assistant City Clerk (SEAL) AGREEMENT FOR LANDSCAPE PLAN REVIEW & INSPECTION SERVICES MELA (MICHAEL ELLIOTT LANDSCAPE ARCHITECT) THIS AGREEMENT is made and entered into as of the day of ^^rcA 2015, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and MELA (Michael Elliott Landscape Architect), a sole proprietor ("Contractor"). K K • RECITALS A. City requires the professional services of a landscape architect that is experienced in landscape plan review, inspection, and miscellaneous Planning inspection services for current planning. B. Contractor has the necessary experience in providing professional services and advice related to these professional services. C. 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 two years from the date from the date first above written. The City Manager may amend the Agreement to extend it for two additional one year periods or parts thereof in an amount not to exceed one hundred fifty thousand dollars $150,000 per Agreement year. 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 ofthe extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be one hundred fifty thousand dollars $150,000. 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". City Attorney Approved Version 1/30/13 Incremental payments, ifapplicable, 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 controi 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 ofthe 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. 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 by any negligence, recklessness, or willful misconduct 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 forthe 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 Califomia. The insurance City Attomey Approved Version 1/30/13 carrier is required to have a current Best's Key Rating of not less than "A-:VM". OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coveraqes and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager 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 ofthe 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 Liabilitv 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 Liabilitv. (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. 10.1.3 Workers' Compensation and Emplover's Liabilitv. 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. 10.1.4 Professional Liabilitv. 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. Q If box is checked, Professional Liability City's Initials Contractor's Initials Insurance requirement is waived 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 Commercial General Liability which shall provide primary coverage to the City. 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 Providinq Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will fumish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coveraqe. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase City Attorney Approved Version 1 /30/13 1 replacement insurance or pay the premiums that are due on existing policies in orderto 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. 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 Citv For Contractor Name Michele Masterson Name Michael Elliott Title Senior Management Analyst Title Sole Proprietor Department CED Admin Address 637 Arden Drive City of Carlsbad Encinitas, CA 92024 Address 1635 Faraday Avenue Phone No. 760-944-1620 Carlsbad, CA 92008 Email Mikeelliott2@cox.net Phone No. 760-602-4615 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 Attorney Approved Version 1/30/13 Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully infomied 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 ofthe requirements ofthe 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 whose services are 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 ofthe Services the following procedure will be used to resolve any questions of fact or interpretation not othenwise 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 fonwarded 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 fonwarded 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 ofthe 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. 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 ofthe 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 detemiine the final payment ofthe 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 tennination 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. City Attorney Approved Version 1 /30/13 21. COVENANTS AGAINST CONTINGENT FEES Contractor wanrants 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 rightto annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or othenwise 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 ofthe 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 ofthe false information or in reckless disregard ofthe 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. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either ofthe parties forthe 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 ofthe 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. 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 of this Agreement. City Attorney Approved Version 1 /30/13 CONTRACTOR: MELA (MICHAEL ELLIOTT LANDSCAPE ARCHITECT) CITY OF CARLSBAD, a municipal corporation ofthe State of California By: By: (sign here) Mayor ' (print name/title) A»ecV^vie^7l By: (sign here) kRBARA City Clerk (print name/title) 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: CELIA A. BREWER, City Attorney BV: ^ i^i^tarH^ity Attorr^fey City Attorney Approved Version 1/30/13 EXHIBIT "A" CITY OF CARLSBAD LANDSCAPE PLAN CHECK & INSPECTION SERVICES LANDSCAPE CONCEPTUAL PLAN REVIEW: $ 350 per review LANDSCAPE CONSTRUCTION DRAWING REVIEW: Estimated Cost of Landscape Improvements MELA Fees Fee Range $0 $ 20,000 $715 $ 715 flat fee $ 20,001 $ 50,000 $ 1,225 $ 1,225 flat fee $ 50,001 $ 100,000 60% of Fees Collected $ 1,403 $ 1,853 $100,001 $ 250,000 60% of Fees Collected * $2,128 $ 2,308 $ 250,001 $ 500,000 60% of Fees Collected * $2,614 $ 2,839 $ 500,001 $1,000,000 60% of Fees Collected * $3,193 $ 3,493 $1,000,001 60% of Fees Collected * $ 4,820 *City of Carlsbad Landscape Plan Check Fee Schedule in effect 9/01/2014 Landscape construction drawing review fees are for three reviews. Additional reviews beyond the 3'"<^ will be charged at a rate of $ 175 each. INSPECTIONS: $ 300 each for the first and second inspection. All subsequent inspections will be $ 250 HOURLY RATE: Additional services that are requested by the City which are beyond the scope of work and services: $ 125 per hour /I A.CORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 2/3/2015 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 PRODUCER Cavignac & Associates 450 B Street, Suite 1800 San Diego, CA 92101-8005 License No. OA99520 NwSEf^ Certificate Department PRODUCER Cavignac & Associates 450 B Street, Suite 1800 San Diego, CA 92101-8005 License No. OA99520 WC.*!to Extv 619-234-6848 (A/C, No):619-234-8601 PRODUCER Cavignac & Associates 450 B Street, Suite 1800 San Diego, CA 92101-8005 License No. OA99520 ADDRESS: certificates@cavignac. com PRODUCER Cavignac & Associates 450 B Street, Suite 1800 San Diego, CA 92101-8005 License No. OA99520 INSURER(S) AFFORDING COVERAGE NAIC# PRODUCER Cavignac & Associates 450 B Street, Suite 1800 San Diego, CA 92101-8005 License No. OA99520 INSURERA TRAVKTiKPS PROP PAP rc np RMRR 25674 INSURED Michael Elliott, Landscape Architect 63 7 Arden Drive Encinitas, CA 92024 United States INSURER B XL SPECIALTY INS CO 37885 INSURED Michael Elliott, Landscape Architect 63 7 Arden Drive Encinitas, CA 92024 United States INSURER C INSURED Michael Elliott, Landscape Architect 63 7 Arden Drive Encinitas, CA 92024 United States INSURER D INSURED Michael Elliott, Landscape Architect 63 7 Arden Drive Encinitas, CA 92024 United States INSURER E INSURED Michael Elliott, Landscape Architect 63 7 Arden Drive Encinitas, CA 92024 United States INSURER F COVERAGES CERTIFICATE NUMBER: 152421 REVISION NUMBER: 304340 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 LTR TYPE OF INSURANCE SI5DC INSR SUBR WVD POUCY NUMBER POUCY EFF (MM/DP/VYYYl POUCY EXP (MM/DD/YYYY) UMITS GENERAL UABILITY COMMERCIAL GENERAL LIABILITY CLAIMS-MADE X OCCUR 6803099L061 1/9/2014 8/9/2015 EACH OCCURRENCE X DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) Contractual Liab. PERSONAL & ADV INJURY Separation of Insureds GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRODUCTS - COMP/OP AGG PRO- X JECT Deductible 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 0 AUTOMOBILE UABIUTY 6803099L061 8/9/2014 8/9/2015 COMBINED SINGLE LIMIT (Ea accident) Included ANYAUTO ALL OWNED AUTOS HIRED AUTOS BODILY INJURY (Per person) SCHEDULED AUTOS NON-OWNED AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) Included in Gen Liab UMBRELLA LIAB EXCESS UAB OCCUR CLAIMS-MADE EACH OCCURRENCE AGGREGATE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' UABIUTY y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below TWCSTATU-I TORY LIMITS I OTH-I ER E.L. EACH ACCIDENT E.L. DISEASE-EA EMPLOYEE E.L. DISEASE - POLICY UMIT Professional Liability DPS9717506 8/9/2014 8/9/2015 Each Claim Aggregate $1,000,000 $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Addttional Remarks Schedule, if more space is required) Additional Insured coverage applies to General and Automobile Liability for City of Carlsbad, its officers, employees and volunteers per policy form. Waiver of subrogation applies to General and Automobile Liability per policy form. Professional Liability - Claims made form, defense costs included within limit. City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 United States 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 United States 1 AUTHORIZED REPRESENTATIVE Jeffrey W. Cavignac (^^^'^^'^ ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD EXIGIS - CAVIGNAC & ASSOCIATES 304340 Page 2 of 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies oniy the identity of the individual who signed the document to which this certificate is attached, and not the faithfulness, accuracy, or validity of that document. ) ) State of California County of Soot^ O^eo^O On 1^&b. 5", Zo 1 g before me, ?)fida^^ ^. Xksmartxisj \^o\ariA Pgbi' Here Insert Name and Title of the Officer Dafe personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personO^ whose name(i^ is/^ subscribed to the within instrument and acknowledged to me that he/ste/they executed the same in his/t)^r/tb^r authorized capacity(Te§), and that by his/htfr/tbefr signatureO^ on the instrument the personO^, or the entity upon behalf of which the personO^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 1 BfllDGETE.KSMARAIS CoiwnittiM # 2000211 Notary PubUc - Califomia i San 01800 County g My Comm. Expifts Dec 7,2016 C Signature. nature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above: Gapacity(ies) Claimed by Signer(s) Signer's Name: Document Date: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 lU EXHIBIT "A" CITY OF CARLSBAD LANDSCAPE PLAN CHECK & INSPECTION SERVICES LANDSCAPE CONCEPTUAL PLAN REVIEW: $ 350 per review Estimated Cost of Landscape Improvements MELA Fees Fee Range $0 $ 20,000 $715 $ 715 flat fee $ 20,001 $ 50,000 $ 1,225 $ 1,225 flat fee $ 50,001 $ 100,000 60% of Fees Collected * $ 1,403 $ 1,853 $100,001 $ 250,000 60% of Fees Collected * $2,128 $ 2,308 $ 250,001 $ 500,000 60% of Fees Collected * $2,614 $ 2,839 $ 500,001 $1,000,000 60% of Fees Collected * $3,193 $ 3,493 $1,000,001 60% of Fees Collected * $ 4,820 *City of Carlsbad Landscape Plan Check Fee Schedule in effect 9/01/2014 Landscape construction drawing review fees are for three reviews. Additional reviews beyond the 3^** will be charged at a rate of $ 175 each. INSPECTIONS: HOURLY RATE: $ 300 each for the first and second inspection. All subsequent inspections will be $ 250 Additional services that are requested by the City which are beyond the scope of work and services: $ 125 per hour \5 Proposal for City of Carlsbad Plan Check and Inspection Services January 12, 2015 Ms. Michele Masterson, Senior Management Analyst CiTY OF CARLSBAD Community and Economic Development 1635 Faraday Avenue Carlsbad, CA 92008 Dear Ms. Masterson: Thank you for contacting me in regard to submitting a proposal for landscape plan check services for the City of Carlsbad. I have truly enjoyed working with the City over the last eight years and would welcome the opportunity to continue our relationship. My extensive experience in performing plan check and inspection services is demonstrated not only by the work I have performed for the City of Carlsbad but also by the services that I have provided to a number of other cities which are detailed in the attached proposal. I hope that I have the opportunity to continue working with you, as I have not only valued the work but have also truly enjoyed the pleasure of working with you all. I am uniquely qualified to meet your needs for three primary reasons: 1. Landscape Plan Check and Landscape Inspection Services is my sole occupation. It's my specialty, not a sideline. 2. I will personally perform the services so you will get the direct benefit of my extensive experience developed over the last 36 years as Licensed Landscape Architects. 3. I limit my workload to insure rapid response. Sincerely, Michael Elliott Landscape Arctiitect Michael G. Elliott Landscape Architect # 2011 637 Arden Drive • Encinitas, GA. • (760) 944-1620 Extensive Plan Check Experience Currently our firm is providing landscape plan check and inspection services to the City of Vista, City of Solana Beach and the City of Carlsbad. We have been providing plan check consulting services to municipalities for the past 21 years and have focused our practice solely on this endeavor. Because of this we can provide a quality and responsiveness of service that no other firm can supply. We also provided plan check services to the City of Temecuia for thirteen years(1993-2006) and the County of San Diego (1999-2000). Although we could have continued with both contracts if we had chosen to, it was our decision to not renew in order to lessen our workload to insure the quality of our service to the other cities. Approach We utilize a system for our plan checks which saves staff members time by formatting all comments so that they can be referenced from a key number on the plan and tied to typed written comments which we provide to staff members in both digital and hard copy format. In Vista, we are currently using Adobe Acrobat to provide redline plan notations as PDFs which allows all documents to be provided in digital format. If the City would prefer Bluebeam software be used, we have no problem in obtaining that software. We are very familiarwith Carlsbad's Landscape Manual and the Water Efficient Landscape Ordinance, having worked with it for the last eight years and having assisted staff with the development of the current Water Efficient Landscape Ordinance and Landscape Manual. Rapid Turnaround We realize the importance of a quick turnaround and have made rapid response a top priority. Our average turnaround is approximately one week for plan checks, however, we have when requested completed rush projects with a same day turnaround. Inspections are normally scheduled within 48 hours of notice. We have been able to accommodate requests for rushes with same day notice. Pick-up and delivery of plans at the City will continue as requested. Please be assured that we will continue to intentionally limit our clients so that we are able to provide the highest quality service with rapid response and extreme responsiveness to your needs. No Conflicts We forgo any work with developers in Vista, Solana Beach and Carlsbad in order to assure complete impartiality. This allows us to function as a direct extension of the planning staff and assures that there is no possible conflict between the relationship which we develop with the planning staff and our personal design projects. Quality Assurance A field site analysis is performed on each project so that we are very knowledgeable of both on-site and off-site conditions. We analyze topography, adjacent properties, existing plant material on and off-site, street tree species, view considerations as well as where screening would be desirable. In order to insure consistency and accuracy in our reviews, we utilize a check list which we have fomnulated in table format that lists all the City of Carlsbad's Landscape Manual requirements. Plans are systematically and methodically checked using this list in order to assure that no items are missed. Excellence in Design Your plans will be checked only by Michael or Pamela Elliott, both of whom have been licensed landscape architects practicing in Southern California for the last 31 years. Inspections will also only be performed by Michael or Pamela Elliott. Insurance We have never had a claim on our insurance, but we provide it for the security and protection of our clients. Our present insurance coverage is: $ 1,000,000 Professional Liability (Errors & Omissions) $ 1,000,000 General and Auto Liability Fees We are very willing to negotiate either a fixed hourly rate or a flat fee billing structure and are comfortable with continuing with our current fixed rate schedule which is as follows: CONCEPTUAL PLAN REVIEW: $ 350 per review CONSTRUCTION DRAWING REVIEW: Estimated of Landscape Improvements PELA Fees Fee Range $0 $ 20,000 $715 $ 715 flat fee $ 20,001 $ 50,000 $ 1,225 $ 1,225 flat fee $ 50,001 $ 100,000 60% of Fees Collected * $ 1,403 $ 1,853 $100,001 $ 250,000 60% of Fees Collected * $2,128 $ 2,308 $ 250,001 $ 500,000 60% of Fees Collected * $2,614 $ 2,839 $ 500,001 $1,000,000 60% of Fees Collected * $3,193 $ 3,493 $1,000,001 60% of Fees Collected * $ 4,820 *City of Carlsbad Landscape Plan Check Fee Schedule in effect 9/01/2012 Fees are for three reviews Additional reviews will be charged at a rate of $ 175 each INSPECTIONS: $ 300 each for the first and second inspection All subsequent inspections will be $ 250 HOURLY RATE: Additional services that are requested by the City which are beyond the scope of work and services: $ 125 per hour Past Plan Check Experience PROJECT CLIENT City of Vista Plan Check Planting & Irrigation Vista, Califomia Contact: John Conley (760-639-6104) Robin Putnam (760-639-6102) City of Solana Beach Plan Check Planting & Irrigation Solana Beach, California Contact: Wende Protzman (858-720-2439) City of Temecuia Plan Check Planting & Irrigation Temecuia, California Contact: Patrick Richardson (retired) Kevin Harrington (951-694-6480) County of San Diego Plan Check Planting & Imgation San Diego County Contact: John Peterson (858-694-3820) City of Encinitas Plan Check Planting & Irrigation for Encinitas Ranch Encinitas, California City of Highland Plan Check Planting & Imgation Highland, Califomia City of Moreno Valley Plan Check Planting & Imgation Moreno Valley, California City of Vista Community Development Department P.O. Box 1988 Vista, California 92085 City of Solana Beach Community Development Department 635 South Highway 101 Solana Beach, California 92075 City of Temecuia Planning & Community Services Departments P.O. Box 9033 Temecuia, California 92589 County of San Diego Department of Planning & Land Use San Diego, CA City of Encinitas Planning Department Encinitas, California City of Highland Community Development Highland, California City of Moreno Valley Public Works Department Moreno Valley, California MICHAEL G. ELLIOTT LICENSED LANDSCAPE ARCHITECT Mr. Elliott graduated from Louisiana State University and holds a Bachelor of Landscape Architecture degree. He is licensed to practice landscape architecture in California. In 1985, Mr. Elliott founded the firm of Elliott/Maloney which in a period of only a few years grew from a small two person office to a company which produced over a million dollars of work per year. Projects for Elliott/Maloney spanned both the private and public sectors with the specialty of the firm being parks and recreation facility design for municipalities. In 1990, after selling the firm, he formed PELA/The Elliott Group. His past work experience includes work on the following parks as principal in charge or project manager: Cactus Basin Park Chollas Canyon Oakcrest Park Glen Park Viewpoint Park Grandview Park Swam i's Park Guajome City Park Bergamont Park Andulka Park Castleview Park Kit Carson Park IVIonroe Park Don Lorenzi Sports Park Grand Avenue Park Virginia Avenue Park Mountain View Park Jensen Alvarado Ranch Bordwell & Hunt Parks Reid Park White Park Gordon Ranch Village Park Cardiff by the Sea Sports Park Encinitas Athletic Park Boysen Park Fairmount Park Nichols Park Chino Mountain Park Carlson Park Thundersky Park Castleview Park Taft Park La Sierra Park Corona Band Shell Basin 'D' Park Rawley Duntley Park 5th & "K" Park Tierra Bonita Park Centennial Park Bobby Bonds Park Bryant Street Park Lime Street Park Chino Hills Community Park Summit Park Sycamore Park Mr. Elliott has also worked as a Park Planner for the City of Riverside Park and Recreation Department, where his responsibilities included park master planning, and large & small scale park design. This involved community group presentation, production of construction drawings and specs for both new installations and refurbishment projects, inspection, cost estimating, and plan checking for compliance with City standards. Mr. Elliott currently acts as the City of Carlsbad's contract Landscape Architect providing plan check and inspection services for commercial & residential projects. 1"^ CAVIGNAC a ASSOCIATES INSURANCE BROKERS License No. 0A99520 450 B Street, Suite 1800 San Diego, CA 92101-8005 Tel. 619.234.6848 • Fax 619,234,1239 • Web www,cavignac.com City of Carlsbad ATTN: Planning Department, Bridget Desmarais 1635 Faraday Avenue Carlsbad, CA, 92008 Feb 03, 2015 Re: Michael Elliott, Landscape Architect To Whom It May Concern: Enclosed is a certificate of insurance, as requested. Ifyou have questions or require changes, please contact our office via email (certificates@cavignac.com) or fax (619-234-1239). Please include a copy ofthe certificate with your request or reference ID number 304340. Sincerely, Cavignac & Associates Certificate Department certificates@cavignac.com 619-234-1239 (fax) cc: Michael Elliott, Landscape Architect - Certificate of Insurance Page 1 of 4 ACORDr CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 2/3/2015 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 iieu of such endorsement(s). PRODUCER Cavignac & Associates 450 B Street, Suite 1800 San Diego, CA 92101-8005 License No. OA99520 NAME**^^ Certificate Department PRODUCER Cavignac & Associates 450 B Street, Suite 1800 San Diego, CA 92101-8005 License No. OA99520 PHONE (A/C, No. Ext): 619-234-6848 WC, No):619-234-8601 PRODUCER Cavignac & Associates 450 B Street, Suite 1800 San Diego, CA 92101-8005 License No. OA99520 E-MAIL ADDRESS: oertif icatesOcavignac, com PRODUCER Cavignac & Associates 450 B Street, Suite 1800 San Diego, CA 92101-8005 License No. OA99520 INSURER(S) AFFORDING COVERAGE NAIC# PRODUCER Cavignac & Associates 450 B Street, Suite 1800 San Diego, CA 92101-8005 License No. OA99520 INSURERA: T'P^VRT,RPP PPOp PAP <^<^ "p SIWRP 25574 INSURED Michael Elliott, Landscape Architect 637 Arden Drive Encinitas, CA 92 024 United States INSURERS: XL SPECIALTY INS CO 37885 INSURED Michael Elliott, Landscape Architect 637 Arden Drive Encinitas, CA 92 024 United States INSURER C : INSURED Michael Elliott, Landscape Architect 637 Arden Drive Encinitas, CA 92 024 United States INSURER D: INSURED Michael Elliott, Landscape Architect 637 Arden Drive Encinitas, CA 92 024 United States INSURER E: INSURED Michael Elliott, Landscape Architect 637 Arden Drive Encinitas, CA 92 024 United States INSURER F: COVERAGES CERTIFICATE NUMBER: 152421 REVISION NUMBER:304340 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 LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POUCY NUMBER POUCY EFF (MM/DD/YYYY) POUCY EXP (MM/DD/YYYY) UMITS A GENERAL LIABILITY X X 6803099L061 8/9/2014 8/9/2015 EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X X 6803099L061 8/9/2014 8/9/2015 DAMAGE to RENTED PREMISES (Ea occurrence) $ 1,000,000 A CLMMS-MADE x OCCUR X X 6803099L061 8/9/2014 8/9/2015 MED EXP (Any one person) $ 10,000 A X Contractual Liab, X X 6803099L061 8/9/2014 8/9/2015 PERSONAL & ADV INJURY $ 1,000,000 A X Separation of Insureds X X 6803099L061 8/9/2014 8/9/2015 GENERAL AGGREGATE $ 2,000,000 A GEN'L AGGREGATE LIMIT APPLIES PER: X X 6803099L061 8/9/2014 8/9/2015 PRODUCTS - COMP/OP AGG $ 2,000,000 A POLICY [xl "fSS; LOC X X 6803099L061 8/9/2014 8/9/2015 Deductible $ 0 A AUTOMOBILE LIABILITY X X G803099L061 8/9/2014 B/9/2015 COMBINED SINGLE LIMIT (Ea accident) $ Included A ANY AUTO X X G803099L061 8/9/2014 B/9/2015 BODILY INJURY (Per person) $ A X ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON-OWNED AUTOS X X G803099L061 8/9/2014 B/9/2015 BODILY INJURY (Per accident) $ A X ALL OWNED AUTOS HIRED AUTOS x SCHEDULED AUTOS NON-OWNED AUTOS X X G803099L061 8/9/2014 B/9/2015 PROPERTY DAMAGE (Per accident) S A X Included in Gen Liab X X G803099L061 8/9/2014 B/9/2015 $ UMBRELLA LIAB EXCESS UAB OCCUR CLAIMS-MADE EACH OCCURRENCE $ UMBRELLA LIAB EXCESS UAB OCCUR CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION ANO EMPLOYERS'UABIUTY y/N ANY PROPRIETOR/PARTNER/EXECUTIVE 1 1 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) ' If yes, describe under DESCRIPTION GF OPERATIONS below N/A WC STATU- OTH-TORY LIMITS ER WORKERS COMPENSATION ANO EMPLOYERS'UABIUTY y/N ANY PROPRIETOR/PARTNER/EXECUTIVE 1 1 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) ' If yes, describe under DESCRIPTION GF OPERATIONS below N/A E.L EACHACCIDENT $ WORKERS COMPENSATION ANO EMPLOYERS'UABIUTY y/N ANY PROPRIETOR/PARTNER/EXECUTIVE 1 1 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) ' If yes, describe under DESCRIPTION GF OPERATIONS below N/A E.L DISEASE - EA EMPLOYEE $ WORKERS COMPENSATION ANO EMPLOYERS'UABIUTY y/N ANY PROPRIETOR/PARTNER/EXECUTIVE 1 1 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) ' If yes, describe under DESCRIPTION GF OPERATIONS below N/A E.L DISEASE - POLICY LIMIT $ B Professional Liability DPE9717506 8/9/2014 8/9/2016 Each Claim $1,000,000 Aggregate $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Additional Insured coverage applies to General and Automobile Liability for City of Carlsbad, its officers, employees and volunteers per policy form. Waiver of subrogation applies to General and Automobile Liability per policy form. Professional Liability - Claims made form, defense costs included within limit. CERTIFICATE HOLDER CANCELLATION City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 United States SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE O r\ /} /l/l J /] Jeffrey W. Cavignac \yiA/^'^i^^^ © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD EXIGIS - CAVIGNAC & ASSOCIATES 304340 Page 2 of 4 XL Specialty Insurance Company - Company Profile - Best's Credit Rating Center Page 1 of 2 Ratings & Criteria Center Regionsf Centers:As!a-Pac!f!c | Canada j Europe, Middle East and Africa | Latin America j MENA & SCA Welcome Back ValRay Marshall Mv MeiTibi §r I LOG Out Home \ About Us I Contact Us \ Sitemap Ratings & Criteria .-, » Home » Credit Rating Releases » Methodology » Best's Credit Ratings + » Financial Strengtti Rating » Issuer Credit Rating » Debt Rating » National Scale Rating » Advanced Search » About Best's Credit Ratings -t- » Get a Credit Rating + » Best's Special Reports » Add Best's Credit Ratings Search To Your Site » BestMark for Secure-Rated Insurers » Contact an Analyst ».Avi/ards and Recognitions News & Analysis ^ Products & Services Industry Information « Corporate ^ Regulatory Affairs v Support & Resources ^ Conferences and Events ^ . /-'inda Hesl's (yedil. Rating Enter a Company Name I^SSijl Rating Search: Search •) Advanced Search '• » Advanced Search j A.M. Best Rating Services Cantact intorfnaiion » View Rafing Definiiiom Select one... [•! lEv^dd to BestAlert Imprint this page XL Specialty Insurance Company (?) A.M. Best tt: 000779 NAIC #: 37885 FEIN #: 85Q2771i Administrative Office Seaview House 70 Seaview Avenue Stamford, CT 06902-6040 United States Web: www.xlgroup.com Phone: 203-964-5200 Fax: 203-964-0763 View Additional Address Information Assigned to Hnanctri airangfl^ Rating companies '''C£5S3^ that have, in A BcesllQnt our opinion, an excellent ability to meet their ongoing Insurance obligations. Based on A.M. Best's analysis, 052919 - XL Group pic is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating Insurance entities in this structure, i Best's Credit Ratings Rating: Affiliation Code: Financial Size Category: Implication: Action: Effective Date: initial Rating Date: A u (Excellent) g (Group) XV ($2 Billion or greater) Negative Under Review January 09, 2015 June 30, 1989 \ Best's Credit Rating Analyst \ Rating Issued by: A.M. Best Company. Inc. I Managing Senior Financial Analyst: Greg Retsner j Assistant Vice President: Peter Dickey ! Long-Term 'ssjuejrjCre^ i Long-Term: : Implication: \ Action: Vievtf Definition Effective Date: Initial Rating Date: a+ u Negative Under Review January 09, 2015 April 11, 2005 Disclosure Information View A.M. Best'sRalino Disclosure StalemenI A.M. BesI Places Ralinos of XL Group pic and lis Subsidiaries Under Review with Negative Irriplicatlons January 09, 2015 Reports and News Visit Best's News and Analysis site for the latest news and press releases for this company and its A.M. Best Group. . 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US Best's Regulatory Center ]attp://www3.ambest.coni/ratings/entities/SearchResuIts.aspx?URatingId=2608368&bl=0... 02/03/2015 XL Specialty Insurance Company - Company Profile - Best's Credit Rating Center Page 2 of 2 Be.st's Schedule D (Corporate Bonds) - US Best's Schedule D (Common Stocks) - US Best's Schedule D (Municipai Bonds) - US Best's Schedule F (Reinsurance) - P/C. US Best's Schedule D - Hybrid - P.^C & L'H. US Best's Schedule DA (Short Term Investments} - P/C & L/H, US European Union Disclosures A.M. Best - Europe Rating Services Limited (AMBERS), a sut)sidiary of A.M. Best Company, is an Extemal Credit Assessment Institution (ECAI) in the European Union (EU). Therefore, credit ratings issued by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC, Australian Disclosures A.M. Best Asia-Pacific Limited (AMBAP), Australian Registered Body Number (ARBN No. 150375287), is a limited liability company incorporated and domiciled in Hong Kong. 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Best Woridwide Headquarters, Ambest Road, Oldwick, New Jersey, 08858, U.S.A. http://www3.ambest.com/ratings/entities/SearchResuIts.aspx?URatingId=2608368&bl=0... 02/03/2015 ' U POLICY NUMBER: 6803099L061 COMMERCIAL GENERAL LIABILITY DATE ISSUED: 8/9/2014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): city of Carlsbad ,its officers, employees and volunteers PROJECT/LOCATION OF COVERED OPERATIONS: PROVISIONS A. The following is added to WHO IS AN INSURED (Section II): The person or organization shown in the Schedule above is an additional insured on this Coverage Part, but only with respect to liability for "bodily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products- completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage", or "personal injury" for which that person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the rendering of or failure to render any "professional services". e. The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring insurance" to provide for that additional insured, or the limits shown in the Declarations for this coverage part, whichever are less. This endorsement does not increase the limits of insurance stated in the CG D3 82 09 07 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office, Inc., w/ith its permission Page 1 of 2 Page 3 of 4 LIMITS OF INSURANCE (Section III) for this coverage part. B. The following is added to paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that, for the additional insured shown in the Schedule, the insurance provided to that additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" for such additional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when the additional insured is also an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL UABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" on or for the project, or at the location, shown in the Schedule above, performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that any contract or agreement under which you are required to include the person or organization shown in the Schedule as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed. a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. CG D3 82 09 07 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Sendees Office, Inc., with its permission Page 2 of 2 Page 4 of 4 Travelers Property Casualty Company of America - Company Profile - Best's Credit Rati... Page 1 of 2 .Ratings & Criteria Center Regional Centers:Asia-Pacific I Canada | Europe, Middle East and Africa | Latin America { MENA & SCA Welcome Back ValRay ^^arstiati M&mber Center Home I About Us { Contact Us | Sitemap Ratings & Criteria » Home » Credit Rating Releases » Methodology » Best's Credit Ratings + » Financial Strength Rating » Issuer Credit Rating » Debt Rating » National Scale Rating » Advanced Search » About Best's Credit Ratings + » Get a Credit Rating + » Best's Special Reports » Add Best's Credit Ratings Search To Your Site » BestMark for Secure-Rated Insurers »Contact an Analyst » Awards and Recognitions News & Analysis ^ Products & Services Industry Information r, Corporate Regulatory Affairs v Support & Resources Conferences and Events ^ . I''iiid a Be.'il's Credit Rafini. Enter a Company Name » Advanced Search Rating Search: Search i » Advanced Search Travelers Property Casualty Company of America (?) \ A.M. Best Rating Services ' Contact Infs-^mariOn Vic-M- Rating Definitions Select one.,. AM. Best tt: 004461 NAIC ft: 25674 Domiciliary Address One Tovi'er Square Hartford, CT 06183 United States Web: www,travelers,com Phone: 860-277-0111 Fax: 860-277-7002 FEIN#: 362719165 H^dd lo BestAlert Imprint this page Assigned to RnancislStiingft R^g companies . ^'Cj^lSS''' that have, in A++ Superior our opinion, a superior ability to meet their ongoing insurance obligations. Based on A.M. Best's analysis, 05847Q - Travelers Companies. Inc. is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of ooeraiinq insurance entities in this structure. i Best's Credit Ratings Fhiancial^trength Rating View Defmitiojn ; Rating: A++ (Superior) ^ Affiliation Code: g (Group) ; Financial Size Category; ; Outlook: ; Action: Effective Date: ' Initial Rating Date: XV ($2 Billion or greater) Stable Upgraded May 23, 2014 June 30. 1972 pBMrs^Credit Rating Anallyst I Rating Issued by: A.M. Best Company, Inc. I Senior Financial Analyst: Michael W. Russo I Assistant Vice President: Michael J. Lagomarsino, CPA Long-Term Issuer Credit Rating ( Long-Term: aa+ View Deftnitipn Outlook: Action: Effective Date: Initial Rating Date: Stable Upgraded May 23, 2014 April 18, 2005 Disclosure Information 1^ VIewA.f M. Best'sRatinq Disclosure Statement -1— A.M. Best Upgrades Ratings of The Travelers Coinpanies, • inc. and Most of Its Subsidiaries V • May 23, 2014 I u Denotes Unt-Jer Revi6v.' Besfs 'r^BV-nq ; Reports and News Visit Best's News and Analysis site for the latest news and press releases for this company and its A.M. Best Group, -1™ AMB Credit Report - includes Best's Financial Strength Rating and rationale along with comprehensive analytical 'I i commentary, detailed business overview and key financial data. Report Revision Date: 6/5/2014 (represents the latest significant change). Historical Reports are available in AMB Credit Report Archive. Best's Executive Summary Reports {Financial Overview) - available in three versions, these presentation style reports feature balance sheet, income statement, key financial performance tests including profitability, liquidity and reserve analysis. Data Status: 2014 Best's Statement File - P/C. US Contains data compiled as of 1 /23/2015 Quality Cross Checked. • Single Companv - five years of financial data specifically on this company. • Comparison - side-by-side financial analysis of this company with a peer group of up to five other companies you select. • Corn pos ite - evaluate this company's financials against a peer group composite. Report displays both the average and total composite of your selected peer group. Best's Key Rating Guide Presentation Report - includes Best's Financia! Strength Rating and financial data as provided in the most current edition of Best's Key Rating Guide products. {Quality Cross Checked). : Financia! and Analytical Products Best's Insurance Reports - Online - P/C, US & Canada Best's Key Rating Guide - P/C. US & Canada Best's Statement File - P/C. US Best's Executive Summary Report - Comparison - Property/Casualty Best's Executive Summary Report - Composite - Property/Casual iv Best's Statement File - Global Best's Reouiatorv Center Market Share Reports Best's State Line - P/C. US Best's Corporaie Changes and Retirements - P/C. US/CN Best's Insurance Expense Exhibit (IEE) - P/C. US Best's Schedule P floss Reserves) - P/C. US Bes1_'s_RequlatorY Center http://ww3.ambest.com/ratings/entities/SearchResults.aspx?URatingId=2608368&bl=0... 02/03/2015 Travelers Property Casualty Company of America - Company Profile - Best's Credit Rati... Page 2 of 2 Best's Schedule D {Corporate Bonds) - US Best's Schedule D (Common Stocks) - US Best's Schedule D (Municipal Bonds) - US Best's Schedule F (Reinsurance) - P/C. US Best's Schedule DA (Short Term investments) - P/C & L/H, US Best's Schedule BA (Other Long Term Investments) - P/C & L/H. US European Union Disclosures A.M. Best - Europe Rating Services Limited (AMBERS), a subsidiary of A.M. 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