HomeMy WebLinkAbout2002-06-04; Municipal Water District; 531; Amendment No. 2 to Agmt w/ Merkel & AssociatesCARLSBAD MUNICIPAL WATER DISTRICT -AGENDA BILL I
,B# 531
CITY MGR. a PROJECT NO. 38211 IEPT. ENG
ClTYATTY. MERKEL &ASSOCIATES FOR BIOLOGICAL FOCUS SURVEYS ITG. 6/04/02
TITLE: APPROVAL OF AMENDMENT NO. 2
TO PROFESSIONAL SERVICES AGREEMENT WITH
RELATED TO LAKE CALAVERA IMPROVEMENTS
RECOMMENDED ACTION:
Adopt Resolution No. 1153 approving Amendment No. 2 of a consultant agreement with
Merkel & Associates to provide biological focus surveys related to Lake Calavera Improvements,
Project No. 3821 1.
ITEM EXPLANATION:
In order to proceed with final design of the Lake Calavera Reservoir Improvements, a general
Three proposals to perform the general biological survey were submitted to the Engineering
biological survey was needed to provide baseline data with which to evaluate project impacts.
Department. The qualifications and proposals were reviewed and ranked with the firm of
Merkel &Associates being identified as the most responsive proposal.
On December 27, 2001, an agreement by and between the Carlsbad Municipal Water District and
Merkel & Associates was entered into for a general biological survey and evaluation of the
preliminary design report related to the improvements at Lake Calavera.
On April 4, 2002, the agreement was amended to extend the agreement for a period of one (1) year
ending on April 26, 2003.
While performing the general biological survey pursuant to the original agreement, the need for
biological focus surveys was identified. The proposed Amendment No. 2 amends the original
agreement's scope of work to allow for the necessary biological focus surveys.
FISCAL IMPACT:
The proposal submitted by Merkel & Associates is in the amount not-to-exceed $10,306.
Following is a breakdown on the project costs:
EXHIBITS:
1. Resolution No. 1153 approving Amendment No. 2 to an agreement with
Merkel &Associates for biological surveys related to Lake Calavera Improvements,
Project No. 3821 1.
2. Amendment No. 2 to an agreement with Merkel & Associates for biological surveys related to
Lake Calavera Improvements, Project No. 3821 1.
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RESOLUTION NO. 1153
A RESOLUTION OF THE BOARD OF DIRECTORS OF
APPROVING AMENDMENT NO. 2 TO PROFESSIONAL CARLSBAD MUNICIPAL WATER DISTRICT (CMWD)
SERVICES AGREEMENT WITH MERKEL & ASSOCIATES FOR BIOLOGICAL FOC,US SURVEYS RELATED ,TO
LAKE CAIAVERA IMPROVEMENTS, PROJECT NO. 3821 I.
WHEREAS, the Board of Directors of the Carlsbad Municipal Water District of Carlsbad,
>alifornia, has determined it necessary and in the public interest to accept the proposal submitted
~y Merkel & Associates to provide biological focus surveys related to the Lake Calavera
mprovements, Project No. 3821 1; and
WHEREAS, funds have been appropriated in the amount of $255,000 in the 2001/2002
:spital Improvement Program for the preparation of the preliminary design report and the
lmendrnent to the professional sewices contract is $10,306, plus the previous total
mcumbrances of $162,447 provides a total cost of $172,753, therefore, there are sufficient funds
lvailable for this amendment; and
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal
Nater District (CMWD) of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Amendment No. 2 between Merkel & Associates and the Carlsbad
dunicipal Water District be approved and accepted.
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3. That the President is authorized and directed to execute the Amendment No. 2 to
le agreement between Merkel &Associates and the Catisbad Municipal Water District.
PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal
Vater District held on the 4th day of JUNE , 2002 by the following vote, to wit:
AYES: Board Members Lewis, Kulchin, Finnila, Nygaard, Hall
NOES: None
Page 2 of 2 of Resolution No. 1153 (CMWD)
AMENDMENT NO. 2 TO AGREEMENT FOR
PROFESSIONAL SERVICES RELATED TO
LAKE CALAVERA IMPROVEMENTS, PROJECT NO. 38211
(MERKEL & ASSOCIATES, INC.) + T ' Amendment No. 2 is entered into and effective as of the /od, day of , 2002, amending the agreement dated December 27, 2001
(the "Ag ement") by and between the Carlsbad Municipal Water District, a Public
Agency organized under the Municipal Water Act of 191 1, and a Subsidiary District of
the City of Carlsbad, referred to as ("CMWD"); and MERKEL & ASSOCIATES, INC.,
("Contractor") (collectively, the "Parties") to conduct biological focus surveys.
RECITALS
A. On. April 4, 2002, the Parties executed Amendment No. 1 to
the Agreement to extend the Agreement for a period of one (1) year ending on
April 26, 2003.
B. The Parties desire to alter the Agreement's scope of work to conduct
biological focus surveys.
C. The Parties have negotiated and agreed to a supplemental scope of work
and fee schedule, which is attached to and incorporated by this reference as
Exhibit "A, Scope of Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CMWD and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may
have been amended from time to time, Contractor will provide those services described
in Exhibit "A".
2. CMWD will pay Contractor for all work associated with
those services described in Exhibit "A on a time and materials basis not-to-exceed
ten thousand three hundred six dollars ($10,306). Contractor will provide CMWD, on a
monthly basis, copies of invoices sufficiently detailed to include'hours performed, hourly
rates, and related activities and costs for approval by CMWD.
3. Contractor will complete all work described in Exhibit "A by
April 26, 2003.
4. All other provisions of the Agreement, as may have been amended
from time to time. will remain in full force and effect.
General Counsel Approved Version #07.05.01
1
5. ' All requisite insurance policies to be maintained by Contractor
pursuant to the Agreement, as may have been amended from time to time, will include
coverage for this Amendment.
6. The individuals executing this Amendment 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 Amendment.
CONTRACTOR CARLSBAD MUNICIPAL WATER
MERKEL & ASSOCIATES, INC.
*B . !. L , hi, ,i. ,-&+n7 c; L b,.. LA <_ ' (sign here)
Fr;r\Xm 1. i4c rkC I Ftt.\;chnC
(print namekitle) designee
Secretary
If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached.
CorDoration, 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 mattach a resolution certiiied 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, General Counsel
2
Qeneral Counsel Approved Version #07.05.01
Engineering Department
City of Carlsbad
1635 Faraday Avenue
Cwlsbad, CA 92008-73 14~
,.
Re: Lake Calavera Improvement l%oject Additional Suiveys .
..
Dear Chris: ..
During the c6urSe of our biological survey work for the Lake Calavera Improvement Project, 'it '
has become evident that additional focused surveys need to be conducted, Le., least Bell's vireo, . .
thread-leaved brodiaea, and southwestern pond turtle.
Least Bell's Vireo (Vireo bellipusillis) I.
., - ,r .. ..
I .. . .. ,. .. . '.. ,, . .
This'is a federal-listed endangered species subject to a skey protocol establisied by the U.S.,:., .%: I:
Fish and Wildlife Service.(Se&ice). The protocol requires eight skveys at minimtgr.lO-da~ , , . .'
intervals between April 10 and July 3 1. In order to get all eight surveys' completed within the ; , ''.
time limit, the first survey should take place prior to the end of April. Costs for these surveys are ~.
included in the.attached spreadsheet. We are required to notify the Service 10 days priorto'the ,'
first survey, and to submit a report of our findings directly to them within 45 days 'of the-last ' , .
survey. . .
,. ..~. , , ,.. ,,
,a.
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.. Thread-leaved Brodiaea (Brodieeafilifoliu)
This plant is federal-listed threatened and state-listed endangered. We recommend two visits
bekeen May 1 and June 1. There is a knowwreference population near Lake Calavera which
would be checked prior to our site visit for this plant survey. Costs are included in the attached
spreadsheet.
Southwestern Pond Turtle (Clemmys marmoratupallidu)
..
,' i :. . . . ,. .. . : ..
.,
This federal and state Species of Concern is likely to occur in the reservoir, and live trapping and
release surveys would be performed. After initial trap setting, three trap checks would be
conducted, with traps being recovered on the 'third visit. ' These. surveys would likely be . .
accomplished by small boat.within the reservoir. Costs are included in'the attached spreadsheet.
Please amend our previous agreement to include these surveys. A preI&inary verbal approval '.
would suffice for the vireo survey to.ensure we.can conduct the first,visit before the end of April.
If you have questions regarding this proposal, or you need additional information, please do not'
., . ,.z hesitate to call. @ ..
AdbKoltz ' ~
Project Coordinator
Enclosure
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Cost Proposal
Mr. Chris Muhlenbacher M&A# 01-068-02
4/18/02
Lake Calaverns Improvements Additional Surveys - Task Title RateMour Hours cost Total
Task 1. Least Bell's Vireo Survey
Field Survey Senior Biologist $76.00 48.00 $3,648.00
Report Preparation Senior Biologist
GIS Specialist
Clerical
$76.00 12.00 $912.00
$56.00 6.00 $336.00
$38.00 ' 2.00 $76.00
ODCs Graphics Materials $25.00 1 .oo $25.00
Reproduction Costs $10.00 15.00 $150.00
Film and Devleopoing $15.00 1 .oo $15.00
Mileage $0.40 400.00 $160.00
ITask 1. Total
Task 2. Thread-leaved Brodiaea Survey
Field Survey Senior Biologist $76.00 16.00 $1,216.00
Report Preparation Senior Biologist
GIS Specialist
oms Graphics Materials
Mileage
Reproduction Costs
ITask 2. Total
Field Survey
Task 3. Southwestern Pond Turtle Survey
Senior Biologist
Boat Operator
$76.00 4.00 $304.00
$56.00 2.00 $112.00
$50.00 1.00 $50.00
$50.00 15.00 $750.00
$0.40 100.00 $ 40.00
$5,322.00 I
1 $2,472.00 I
$76.00 14.00 $ 1,064.00
$60.00 14.00 $ 840.00
Report Preparation Senior Biologist $76.00 4.00 $ 304.00
GIS Specialist $56.00 4.00 $ 224.00
oms Mileage $0.40 200.00 $ 80.00
[Task 3. Total I$ 2,512.00 1
Total Not-to-Exceed I $10,306.00
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
County of
On r\~q 7, 74~~~ before me,
personally appeared % bzba 62 . Name($ eck? of SQwW \
CALIFORNIA
SAN DIEGO
JENNIFER K. FERNANDES, NOTARY PUBLIC
'Date N- me o( C#FW (e.g., .JW LW, NOW PYMW
xpersonally known to me Htobe the perso&
whose name' id-ubscribed to the within instrument
and acknowledged to me that bufshem executed the
same in 6)gher/tb&authorized capacity(ies), and that by
Wher/tbe$signatur&on the instrument the person@
or the entity upon behalf of which the perso$$ acted,
executed the instrument.
. WITNESS my hand and official seal.
OPTIONAL
Though the information below is not required by law. it may prove valuable to persons relying on the document and couldprevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: A 17 ~nhsnen'f- b". 2 ruum .- ?P
Document Date: Number of Pages:
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: %a rb n rc?, \
0 Individual x Corporate Officer
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Title(s): f'~e <A oIIL -LT,-easdm<
Signer Is Representing:
iWe--Me \ 4-
R \3 G,d-cd
05/10/02 FRI 14:46 FAX 858 560 7779
._
vi
MINUTES OF ANNUAL MEETING OF
BOARD OF DIRECTORS OF
MERKEL &ASSOCIATES. INC.
The annual meeting of the Sole Director of the corporation was held immediately after
the Shareholders' meeting, at San Diego, California, at 5:OO p.m. on December 12,2001. In
attendance at the meeting was the Sole Director: Barbara L. Merkel
The meeting was called to order by Barbara Merkel who acted as the Chair and the
Secretary of the meeting.
The financial report for the current fiscal year was discussed at the meeting.
1. Board of Directors
The election of the Sole Director had been held at the shareholders' meeting and
Barbara Merkel was elected to act as the Sole Director for a period of one (1) year or
until her successor(s) shall be duly elected.
2. Ratification of Acts of Directors and Officers
An oral report was given by the President which covered all purchases, contributions,
acts, contracts, compensation, decisions and proceedings since the last meeting of the
Director. Upon motion duly made, it was unanimously:
RESOLVED, that all purchases, contributions, acts contracts, compensation,
decisions and proceedings since the last meeting of the Director of the
corporation be approved and ratified.
3. Election of Officers
The Chair moved to proceed with the election of officers for the ensuing fiscal year.
The following persons were elected to the following offices:
Barbara L. Merkel President and Chief Executive Officer
Barbara L. Merkel Treasurer and Chief Financial Officer
Keith W. Merkel Vice President
Keith W. Merkel Secretary
4. Declaration of Dividend
The next item of discussion was the payment of dividends on the common stock of the
corporation. Upon motion duly made, it was:
RESOLVED, that based upon the financial condition of the corporation, the
corporation shall not pay a dividend.
05/10/02 Fa1 14:47 FAX 858 560 7779
" There being no further business to come before the meeting,'upon motion duly made, seconded. and unanimously carried, the.meeting was adjourned. A -
Barbha L. Merkel,
meeting
MINUTES APPROVED BY
Barbara L. Merkel, Sole Director
Merkel &Associates. Inc.
05/10/02 FRI 14:47 FAX 858 560 7779 . QUO4
MINUTES OF ANNUAL MEETING OF
SHAREHOLDERS OF
MERICEL &ASSOCIATES, INC.
The annual meeting of the shareholders of the corporation was he1d;pursuant to a call
made by the President, at 4:OO p.m. on December 12,2001, at San Diego, California.
Barbara L. Merkel, President of the corporation, presided over the meeting in
accordance with the provisions of the By-Laws of the corporation.
The President indicated that a quorum was present, in person, at the meeting
A written financial report for the current fiscal year was discussed at the meeting.
1. Waiver of Notice of 'the Meeting
After discussion and upon motion made and carried, it was:
RESOLVED, that signature of these minutes indicates that notice of time and
place of the meeting is waived and the minutes approved.
2. Ratification of Acts of Directors and Officers
An oral report was presented by the President, which covered all purchases,
contributions, acts, contracts, compensation, decisions and proceedings since the last
shareholders' meeting. Upon motion duly made, it was:
RESOLVED, that all purchases, contributions, acts contracts, compensation,
decisions and proceedings since the last meeting of the shareholders of the
corporation be approved and ratified.
3. Election of Director
The next item for discussion was the nomination and election of the Board of
Directors for a term expiring one year from the date of this meeting or until
his/her/their successor(s) shall be elected and shall qualify.
Upon motion duly made and carried, the following individual was nominated to
continue as the sole director:
Barbara L. Merkel
There were no other nominations. Upon motion duly made, the nominations were
closed and the vote taken.
The President declared that Barbara L. Merkel had been duly elected as sole director of
uu5
the corporation to serve for the term expiring one year from the date of this meeting or
until successor(s) shall be elected and shall qualify.
There being no further business to come before the meeting, upon motion duly made,
seconded and unanimously carried, the meeting was adjourned. II
>42 tJ, %/(//
Kecth W. Merkel, Secretary df the meeting
NOTICE OF MEETING WAIVED
AND THE MINUTES APPROVED:
Bahara L. Merkel. Shareholder
05/21/52 TUE 10:25 FAX 858 560 7779 MAY 2 n iW M 003
Henry S. Arnold & Co.
3444 Camino Del Rio N.,# 201
MERKEL & ASSQCIATES INC.
SAN DIEGO,
5434 RUFFIN ROAD
CA 92123
A PROFESSIONAL 4amd159m11 1 LIABILITY
I
10/25/01
OTHER DOCUMENT WITH RESPECT TO WHICH mIs IYCRIBED HEREIN lS.SUBJEC? TO All THE TERMS.
2ITY OF CARLSBAD m~.llo~ DATE ~EFEOF, me ISSUWO COWANY wu LNDEAVOR m yu
ZNGINEERIND DEPARTMEXC
1635 FARADAY AVENDE ZARLSBAD CA 92008
05/91/32 TUE 10:26 FAX 658 560 7779 lUU04
POLICY NUMBER ,4000001593-011 COMMERCIAL GENERAL LIABIL~TY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
CG20 IO II 85 . ,
. . ADDITIONAL INSURED - OWNERS, LESSEES OR .. CONTRACTORS(F0RM B)
, , .as endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAOE PART.
SCHEDULE .. .
,e (I .. .- . . CITY 'OF I3FLm.. ' 'CIT? OF CiikLSBAD. RELXX&IK)F&NT .' . Nameof Person or Organization: my, H~USING AIJI-HORIT~ OF' ~RLEBKI MJNICIPAL WATER
Any person .. or organization that is: DISTRICT, m, OFFICW, m- & mms , .
1, An.o&er of real or personal properly on which you are performing operations, or ..
2. A cGntractor on whose behalf you are,perforrning .. operations,
. ' but only at the specificwritten request by that person or organization to you, and if:
. 1, That request is made prior to the date your operations for that person or organization commenced; and ..
2. 'Akertificate of insurance,evidencing that request is on file with, or received by, us prior to slxty days afterthe end of the:pdicy period for this insurance.
(If no entry appears.'aboye, 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 Schedde, but only with respect to liability arising out of"our work" for that insured by or for you.
'.
CG2010 11.85
06/21/32 TUE 10:26 FAX 858 560 7779 M 005
COMMERCIAL GENERAL LIABILITY ECG 24 511 05 00
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY;
PRIMARY PROVISION -YOUR OPERATIONS
. , This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
'Paragraph 4., Other Insurance of Conditions (Section IV) is amended bythe addition of the following:
. if o&er lnsuranee-sirnilartc this inswarice is held by a.third party named below, this insurance is primary to
' that other insurance but only with respect to liability arising'out of youro,ngoing operations performed for
.. ..
that third party under a written Contract.
SCHEDULE :. ..
.. .'. : ..
Nameofthird paw/: CIol'Y OF fl"Y OF !EE' CITY OF CARLSBAD REDEVELC%RENT , ,, .. .
DISTRICT, IT OFFICIALS, EMpLOYEES & MLIEPPEERS
PGENCY, HWSING AUPHORITY OF CAFXBAD WICIPAL WplpEk .'
Anyperson ororganization that is:
1. An owner of mal orpersonalpmpedyon which you are perfoning operations, or'
2. A contractor on whose behalf you are performing operations,.
but on& at the specific written request by that person or org&ation to.yoV. . .. abG$' ..
f. That request is made prior to the date that your operations for thatperson or ogaflizafion commenced; and ..
2. A certificate, of insurance evidencing that requestis on file with, or received by, us prior to sixty.days after the end of the policyperiod forthis insurance.. '
.. .
ECG 24 51 1 05 00 Copyright, Everest Reinsurance Company 2000
Includes copyrighted material of Insurance'Sewices Office, Inc. used with its permission Copyright, Insurance Sewices .Office, Inc., 1997 Page 1 of 1
n
05/21/02 TUE 10:27 FAX 858 560 7779
.' %
COMMERCIAL GENERAL LIABILITY
CG 24 04 10 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RiGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided'.under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name 1 Person or Or anizatibn: CITY OF THE CITY OF CARLSBAD RFDEWLORGPIT -&- H~ING~~ .a. -. MUNICIPAL WATER .DISTRICT, ITS- OFFIC-, ~.
~~nsor%~n~t is: I. An owner of real or personal property on which you are performing operations, or
2. A contractor on whose behalf you are performing operations,
but only at the specific written request by that person or organization to you, and if:
1. That request is made prior to the date your operations for that person or organization commenced; and
2. A certificate of insurance evidencing that request is on file with, or received by, us prior to sixty days after
..
. the end of the policy period for this insurance.
(If no entry appears.above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following:
We waive any right of recovery we may have against the person or Organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization. and included in the "products-completed operations hazard".
This waiver applies only to the person or organization shown in the Schedule above.
CG 24 04 IO 93 Copyright, Insurance Sewices Office, Inc., 1992 Page 1 of 1 0
L2SLI List - List of Eligible Surplus Line Insurers
.r
Page 2 of 2
The British Aviation Insurance Company Limited (UK)
10/13/1995 Buckeye Union Insurance Company (Ohio)
12/01/1995
CGU International Insurance PLC (U.K.)
1'1/17/1995 Burlington Insurance Company (North Carolina)
12/22/1995
Caliber One Indemnity Company(De1aware) 9/29/1998
Century'Surety Company (Ohio) 9/01/1995
Chubb Custom Insurance Company (Delaware) 8/04/1995
Clarendon America Insurance Company (New Jersey) 9/01/1995
Colonia Baltica Insurance Limited (UK)
(Name changedfrom Commercial Union Assurance Company PLC eflective 10/01/1999)
lEssex Insurance ComDanv (Delaware) I 7/06/1995 I
Evanston Insurance Company (Illinois)
Executive Risk Soecialtv Insurance ComDanv (Connecticut)
8/14/1998 Everest Indemnity Insurance Company(De1aware)
811 M995
http://www.insurance.ca.gov/FAD/Surplusl.htm 04/26/2002
LESLI List - List of Eligible Surplus Line Insurers
..
Page 1 of 2
LESLI LIST
List of Eligible S.urplus Line Insurers
Please use the "FIND" option in the "EDIT" menu of your browser to sear& for a particular
company.
Click here for a separate list of all Llovds of London
Svndicates aooroved for the LESLI list.
AS OF : April 26,2002
INSURER . DATE
APPROVED
AGF M.A.T. (France)
I
AxA Corporate Solutions Insurance Company (New York) nn,n. ,.An.-
(Nome changedfrom AX4 Global Risks US Insur&ce Company efictive 10/19/2000) UYIUIIIYY3
AXA Global Risks KJK) Limited RJK)
7. Name changed to AX4
http://www.insurance.ca.gov/FAD/Surplusl.htm 04/26/2002