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HomeMy WebLinkAboutSouthwest Strategies LLC; 2017-10-31; CA1631CA1631 AGREEMENT FOR OUTREACH CONSULTING SERVICES FOR CIP 5035 LA COSTA WATER MAIN REPLACEMENT SERVICES SOUTHWEST STRATEGIES, LLC THIS AGREEMENT is made and entered into as of the ,3·\ ~ day of ~7.,,, , 2017, by and between the CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, ("CMWD"), and SOUTHWEST STRATEGIES, a limited liability corporation, ("Contractor"). RECITALS A. CMWD requires the professional services of a consultant that is experienced in outreach and communications. B. Contractor has the necessary experience in providing professional services and advice related to outreach and communications. C. Contractor has submitted a proposal to CMWD and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD 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 Executive Manager may amend the Agreement to extend it for one (1) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, CMWD needs, and appropriation of funds by the CMWD Board of Directors. 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. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be thirty-five thousand dollars ($35,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed thirty-five thousand dollars ($35,000) per Agreement year. CMWD reserves the right to withhold a ten percent (10%) retention until CMWD has accepted the work and/or Services specified in Exhibit "A". General Counsel Approved Version 4/2/15 1 CA1631 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 CMWD. Contractor will be under control of CMWD only as to the result to be accomplished, but will consult with CMWD as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CMWD for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD 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 CMWD and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At CMWD's election, CMWD 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 CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD 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 CMWD. 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 CMWD. 8. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless CMWD and the City of Carlsbad, their 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 CMWD or the City of Carlsbad incurs or makes to or on behalf of an injured employee under the their 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 General Counsel Approved Version 4/2/15 2 CA1631 carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or Executive 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. CMWD, 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. The full limits available to the named insured shall also be available and applicable to CMWD as an additional insured. 10.1.1 Commercial General Liability Insurance. $2,000,000 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 CMWD). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to CMWD's satisfaction, a declaration stating this. 10.1.4 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 CMWD will be named as an additional insured on Commercial General Liability which shall provide primary coverage to CMWD. 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 CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then CMWD 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 General Counsel Approved Version 4/2/15 3 CA1631 maintain the required coverages. Contractor is responsible for any payments made by CMWD to obtain or maintain insurance and CMWD 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. CMWD 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 CMWD 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 CMWD. 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 CMWD. 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 CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement. For CMWD Name Title Craddock Stropes Senior Management Analyst Address 1635 Faraday Av Carlsbad, CA 92008 Phone 760-602-2726 For Contractor Name Title Elizabeth Hansen Senior Vice President Address 401 B Street, Suite 150 San Diego, CA 92101 Phone E-mail 858-541-7800 ehansen@swspr.com 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. General Counsel Approved Version 4/2/15 4 CA1631 16. CONFLICT OF INTEREST 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 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 CMWD 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 Executive Manager. The Executive 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 Executive 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, CMWD may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If CMWD decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, CMWD 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 CMWD and all work in progress to CMWD address contained in this Agreement. CMWD will make a determination of fact based upon the work product delivered to CMWD and of the percentage of work that Contractor has performed which is usable and of worth to CMWD in having the Agreement completed. Based upon that finding CMWD 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 CMWD, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to CMWD. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee General Counsel Approved Version 4/2/15 5 CA1631 payable under this Agreement. CMWD 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, CMWD 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 CMWD 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 CMWD, 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 CMWD 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 CMWD to terminate this Agreement. 23. JURISDICTION 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 CMWD and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of CMWD, 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. General Counsel Approved Version 4/2/15 6 CA1631 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. CONTRACTOR SOUTHWEST STRATEGIES, a limited liability corpo tion By: (sign re) Aa ran Ct1ns=tcpJ~r L,l._,;O hi (print name/title) pw:;cif=t0-f By: aavi~ ~ (sign ere)'- c:· r=:0 '-&rint na /title) CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the Ci of Carlsbad By: Wendy Cha bers / General Manager as authorized by the Executive Manager If required by CMWD, 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, General Counsel By: __ ~-------'--""'--- Deputy General Counsel General Counsel Approved Version 4/2/15 7 Project Overview Exhibit "A" City of Carlsbad La Costa Water Main Replacement Project Construction Outreach Scope of Work CA1631 The City of Carlsbad is preparing to begin construction on the La Costa Water Main Replacement Project. The project is needed to replace a pipeline that failed in 2013 within the south golf course of the Omni La Costa Resort. The pipeline has since been out of service while a new alignment was negotiated with the property owner. Construction is now set to begin on a replacement pipeline within a new alignment. The revised alignment will allow more efficient access for maintenance and operations staff in order to mitigate future line-breaks, interruption of service, property damage and water loss. The existing asbestos cement pipeline, constructed in 1961, has reached the end of its useful life and is in need of replacement. The construction will include approximately 970 linear feet of 8-inch high density polyethylene and polyvinyl chloride (PVC) waterline that will cross the south golf course and connect to the existing potable water distribution system adjacent to a condominium complex at 2500 Navarra Drive (2500 Navarra Drive Homeowners' Association). Approximately 580 linear feet of new pipeline will be constructed using a trenchless construction method to minimize damage to the existing golf course. The remaining 390 linear feet will be standard open- cut construction and will connect to the condominium complex. In addition, approximately 90 linear feet of new 8-inch PVC waterline will be installed at 2522 Navarra Drive (La Costa Riviera Homeowners' Association) to provide a more reliable service to those customers and allow more efficient access for maintenance and operations staff. The current alignment is located between units in a very narrow easement which makes maintenance difficult. Service to nearby customers will be maintained during construction with minor interruptions. In July 2017, the Carlsbad City Council awarded the contract for construction of these improvements to Creative Home OBA CHI Construction. The contractor is now working to finalize construction plans and schedules. Construction is anticipated to begin in November 2017 and last for approximately three months. Southwest Strategies has prepared the following Scope of Work providing a plan for public outreach to accompany these efforts and keep all stakeholders, Carlsbad residents and other interested members of the public informed throughout construction activities. Objectives 1. Inform residents, businesses and interested stakeholders about the La Costa Water Main Replacement Project from the start of construction through completion (approximately two years). 2. Deliver ongoing, consistent and timely information to all Project stakeholders throughout construction. 3. Ensure open lines of communication and coordination with Project stakeholders, Carlsbad residents and the public. 4. Respond to inquiries in a timely manner to address stakeholder concerns. Exhibit "A" La Costa Water Main Replacement Project Construction Outreach CA1631 Scope of Work Strategies 1. Communicate with stakeholders prior to and throughout construction to ensure that accurate facts about the Project are understood. 2. Engage community members about the Project so they are aware how the Project will affect their daily lives during construction, and understand its benefits upon completion. 3. Leverage community resources to build awareness and understanding of Project impacts and benefits. Tasks The following public outreach tasks are recommended for educating the public about the La Costa Water Main Replacement Project and keeping stakeholders informed throughout construction. To ensure the objectives outlined above are met successfully, the following implementation tasks listed below are recommended. The tasks have been created to implement public outreach activities covering the Project's construction timeline, which is anticipated to begin in November 2017 and continue for approximately three months. 1. Communications Planning -Upon approval of this Scope of Work and receipt of a construction timeline, Southwest Strategies begin to implement the Scope of Work with a preliminary timeline of outreach activities to guide the Project. a. Develop Message Platform -Southwest Strategies will develop a message platform for the Project to clearly articulate the scope of the Project, as well as its objectives and benefits for Carlsbad residents, businesses and visitors. These messages will provide the basis of the construction outreach effort and be incorporated into all collateral materials. b. Create and Update Stakeholder Database -Southwest Strategies will compile a database of Project stakeholders, including, but not limited to, property owners in the Project area, nearby residents and businesses, community groups and organizations, elected officials, representatives from local utilities and others with interests in the Project. The database will be expanded and updated on an ongoing and as-needed basis. 2. Collateral Materials Development -In conjunction with the City of Carlsbad, Southwest Strategies will develop a number of Project materials to provide key stakeholders with an overview of the Project, demonstrate its benefits and communicate construction updates. Southwest Strategies' graphics department will develop all collateral materials based on the City of Carlsbad's existing style and brand guidelines. a. Fact Sheet -Southwest Strategies will create a one-page fact sheet on the Project, providing information on all work planned during construction and the benefits of these improvements. The fact sheet will also include a map of the construction area, highlighting the construction area and providing preliminary information about the extent and timing of construction. All workers in the field, including the City inspector and construction crew, will be given fact sheets to provide any members of the public who may approach them with a question on the Project. The fact sheets will Exhibit "A" La Costa Water Main Replacement Project Construction Outreach Scope of Work CA 1631 also be distributed by the Project team during door-to-door walks and provided to businesses adjacent to construction to have on hand. b. Construction Notices -Southwest Strategies will work with the City of Carlsbad to develop and distribute printed construction notices to impacted residents and businesses, as needed. Prior to the beginning of construction, a "construction kick- off' notice will be developed providing an outline of the project, highlighting its benefits for nearby residents and businesses and giving people an idea of what to expect during construction, including, but not limited to, construction hours, lights and noise, closures and traffic control and utility outages. The construction notices will be distributed to all impacted residents, businesses and property owners. c. Project Maps -Southwest Strategies will assist the City of Carlsbad with the development of all necessary Project maps. These maps will depict Project-specific features, such as the construction areas, detour routes and parking alternatives, and will be developed on an as-needed basis. d. Inquiry Response Protocol -Southwest Strategies will develop an Inquiry Response Protocol document for distribution to the City's administrative staff. The document will outline how to handle Project inquiries and inform staff what kinds of inquiries to handle immediately (using the Inquiry Response FAQ) and what kinds of inquiries to share with Southwest Strategies to handle with the Project team. e. Inquiry Response Frequently Asked Questions -To assist City administrative staff in answering general questions about the Project, Southwest Strategies will create a Frequently Asked Question document. For inquiries not addressed by this document, City staff will be instructed in the Inquiry Response Protocol to share the inquiry with Southwest Strategies for a response. f. As-Needed Meeting Materials -As needed, Southwest Strategies will work with the City of Carlsbad to develop materials to enhance Project communications including but not limited to meeting notes, PowerPoint presentations and display boards. 3. Stakeholder Outreach -Southwest Strategies will assist the City of Carlsbad on outreach to stakeholders including, but not limited to, property owners and homeowners' associations (HOAs) in the Project area, nearby residents and businesses, community groups and organizations, elected officials, representatives from local utilities and others with interests in the Project. a. Stakeholder Meetings -Southwest Strategies will help prepare the Project team for public meetings and/or information briefings with impacted residents and businesses, HOAs, other stakeholders and relevant community groups and organizations on an as-needed basis. The purpose of presentations is to proactively engage with stakeholders, provide a Project update and respond to inquiries. b. One-on-One Meetings -Southwest Strategies will help prepare the Project team for one-on-one meetings with impacted HOAs and businesses prior to construction on an as-needed basis. During these meetings, members of the Project team will provide Exhibit "A" La Costa Water Main Replacement Project Construction Outreach CA1631 Scope of Work a detailed explanation of what work will be occurring, when it will occur and how it will impact operations, access and daily life. At this time, the Project team will also provide information on anticipated traffic control measures, utility outages and answer any questions. By establishing open lines of communication and expanding the stakeholder database, any issues that do arise will be able to be addressed early on by the Project team. c. Door-to-Door Business/Resident Outreach -When direct mail or other written communication is not feasible, Southwest Strategies will provide door hangers to the Project team once a month for as needed door-to-door outreach. The on-site Project manager will distribute the door hangers to provide information about upcoming construction impacts and as gather contact information for future communications. Southwest Strategies will attend as needed. d. Coordinate Inquiries -Southwest Strategies will work with the City of Carlsbad and the Project team to monitor inquiries and coordinate appropriate responses for inquiries received. All inquiries will be maintained in an inquiry database, which will be used to track inquiries and responses to ensure proper follow-up. 4. Digital Media Development -Southwest Strategies will manage content development and updates related to the Project on digital platforms based on the City's existing style and brand guidelines. a. Eblasts -Southwest Strategies will work with the City of Carlsbad to develop eblasts to provide stakeholders with regular Project updates and construction notices via email. Regular Project update eblasts will be developed monthly to provide stakeholders with a summary of progress as well as an overview of upcoming work. Additionally, Southwest Strategies will develop construction notice eblasts to inform stakeholders about construction activities that may impact their daily lives. These eblasts will be developed and distributed as needed, depending on construction activities and impacts. b. Website Updates -Southwest Strategies will develop copy on the Project to post on the City of Carlsbad's website. Additionally, Southwest Strategies will review the website copy monthly and submit recommendations for website updates as needed. 5. Team Meetings -Southwest Strategies will attend scheduled team progress meetings every two weeks or as needed to receive project updates and develop communications strategies, monitor public outreach milestones and gain feedback on project deliverables. Exhibit "A" La Costa Water Main Replacement Project Construction Outreach Scope of Work Deliverables 1 . Message platform 2. Stakeholder database 3. Fact sheet 4. Construction notices 5. Project maps 6. Inquiry Response Protocol Budget & Timeline CA1631 7. Inquiry Response FAQ 8. Inquiry database 9. Meeting materials (as needed) 10. Eblasts 11 . Website content 12. Team meeting materials (as needed) Based on the terms of the City's on-call contract with Southwest Strategies, the following are the hourly rates for the Southwest Strategies staff assigned to assist with these outreach efforts. TITLE HOURLY RATE Chairman/President $225 Vice President $185 Director of Public Affairs $170 Manaoer of Public Affairs $155 Senior Account Executive $125 Account Executive $110 Graphic Desioner $115 Administrative Suooort $50 Based on the Scope of Work, Southwest Strategies has developed the following budget estimate. TASK TOTAL COST Communications Planning $4,000 Collateral Materials $10,000 Development Stakeholder Outreach $10,000 Digital Media Development $6,000 T earn Meetings $5,000 TOTAL $35,000 The cost of construction outreach efforts for the La Costa Water Main Replacement Project will last approximately four months (one month of preparations, plus three months of construction) from the project start date, as determined by the City of Carlsbad. Estimated monthly cost for professional services will be approximately $5,000 for the first month and $8,000 - $10,000 per month for the three months of construction, depending on how much time Southwest Strategies staff spends on the ground at the construction site, coordinating public outreach efforts, meeting with residents and property owners and distributing construction notices. The total cost of the activities outlined in this Scope of Work will be billed on a time-and-materials basis and will not exceed $35,000 total. SWSTR-1 OPID: AM ACORD CERTIFICATE OF LIABILITY INSURANCE I DA TE (M M/DDIYYYY) ~ 10/19/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~2~I~cT Holly B. McGlinn Alcott Insurance Agency, Inc. r1J8Ntio Extl: 619-293-3800 I rffc. Nol: 619-293-3896 --3945 Idaho Street San Diego, CA 92104-2902 E-MAIL ADDRESS: Holly B. McGlinn INSURER($) AFFORDING COVERAGE NAIC# INSURER A: Hanover American Ins Co I ' --- INSURED Southwest Strategies, LLC INSURER B: 401 B St#150 ---~---"--- INSURERC: San Diego, CA INSURERD: INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL 1:,UBR POLICY EFF POLICY EXP LIMITS LTR OUCD i '"'"' POLICY NUMBER IMM/DD/YYYYl IMM/DDNYYYl GENERAL LIABILITY I EACH OCCURRENCE $ 2,000,000 I-DAMAGE TO RENTED 300,000 A X COMMERCIAL GENERAL LIABILITY OB3D38336900 09/28/20171 09/28/2018 PREMISES /Ea occurrence\ $ -D CLAIMS-MADE 0 OCCUR 5,000 MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 2,000,000 ~ GENERAL AGGREGATE $ 4,000,000 - GENL AGGREGATE LIMIT APPLIES PER PRODUCTS -COMP/OP AGG , $ 2,000,000 7 POLICY 1-1 ~f ~-r 17 LOC I $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT <Ea accident\ $ -- ANY AUTO BODILY INJURY (Per person I $ -ALL OWNED ,--SCHEDULED ---~-----------B0DIL Y INJURY (Per accident) $ ----AUTOS ~ AUTOS ,PRCJP-ERTY DAMAGE NON-OWNED $ HIRED AUTOS AUTOS I IPER ACCIDENT) -! $ UMBRELLA LIAB i i EACH OCCURRENCE (~ OCCUR ' $ --EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ WORKERS COMPENSATION I WCSTATU-I jOTH- AND EMPLOYERS' LIABILITY I TORY LIMITS I ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE D i EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) EL DISEASE -EA EMPLOYEE $ If yes, describe under E.L DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A [Professional Liab LH3D39426100 10/11/2017 10/11/2018 Limit 1,000,000 ! Ded 5,000 I i ! DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) City of Carlsbad /CMWD is named as additional insured as their interest may appear. 30 days notice of cancellation applies except 10 days for non- payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad /CMWD ACCORDANCE WITH THE POLICY PROVISIONS. 1635 Faraday Avenue Carlsbad, CA 92008 AUTHORIZED REPRESENTATIVE "!frJ.lr1~ JIN_/.«!l". © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: · BUSINESSOWNERS COVERAGE FORM SUMMARY OF COVERAGES Limits Page -~ 1. Additional Insured by Contract, Agreement or Permit Included 1 2. Additional Insured -Broad Form Vendors Included 2 3. Alienated Premises Included 3 4. Broad Form Property Damage -Borrowed Equipment, Customers Included 3 Goods and Use of Elevators 5. Incidental Malpractice (Employed Nurses, EMT's and Paramedics) Included 3 6. Personal and Advertising Injury -Broad Form Included 4 7. Product Recall Expense Included 4 ·-$25,000 Product Recall Expense Each Occurrence Limit 5 Occurrence Product Recall Expense Aggregate Limit $50,000 5 Aggregate Product Recall Deductible $500 5 8. Unintentional Failure to Disclose Hazards Included 6 9. Unintentional Failure to Notify Included 6 This endorsement amends coverages provided under the Businessowners Coverage Form through new coverages and broader coverage grants. This coverage is subject to the provisions applicable to the Businessowners Coverage Form, except as provided below. The following changes are made to SECTION II - LIABILITY: 1. Additional Insured by Contract, Agreement or Permit The following is added to SECTION II - LIABILITY, C. Who Is An Insured: Additional Insured by Contract, Agreement or Permit a. Any person or organization with whom you agreed in a written contract, written agreement or permit to add such person or organization as an additional insured on your policy is an additional insured only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by your acts or omissions, or the acts or omissions of those acting on your behalf, but only with respect to: (1) "Your work" for the additional insured(s) designated in the contract, agreement or permit; (2) Premises you own, rent, lease or occupy; or (3) Your maintenance, operation or use of equipment leased to you. b. The insurance afforded to such additional insured described above: (1) Only applies to the extent permitted by law; and (2) Will not be broader than the insurance which you are required by the contract, agreement or permit to provide for such additional insured. (3) Applies on a primary basis if that is required by the written contract, written agreement or permit. (4) Will not be broader than coverage provided to any other insured. (5) Does not apply if the "bodily injury", "property damage" or "personal and advertising injury" is otherwise excluded from coverage under this Coverage Part, including any endorsements thereto. 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 1 of 6 c. This provision does not apply: (1) Unless the written contract or written agreement was executed or permit was issued prior to the "bodily injury", "property damage", or "personal injury and advertising injury". (2) To any person or organization included as an insured by another endorsement issued by us and made part of this Coverage Part. (3) To any lessor of equipment: (a) After the equipment lease expires; or (b) If the "bodily injury", "property damage", "personal and advertising injury" arises out of sole negligence of the lessor. (4) To any: (a) Owners or other interests from whom land has been leased if the "occurrence" takes place or the offense is committed after the lease for the land expires; or (b) Managers or lessors of premises if: (i) The "occurrence" takes place or the offense is committed after you cease to be a tenant in that premises; or (ii) The "bodily injury", "property damage", "personal injury" or "advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. (5) To "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" or the offense which caused the "personal and advertising injury" involved the rendering of or failure to render any professional services by or for you. d. With respect to the insurance afforded to these additional insureds, the following is added to SECTION II -LIABILITY, D. Liability and Medical Expense Limits of Insurance: The Hanover Insurance Group- O83 D383369 1001622 The most we will pay on behalf of the additional insured for a covered claim is the lesser of the amount of insurance: 1. Required by the contract, agreement or permit described in Paragraph a.; or 2. Available under the applicable Limits of Insurance shown in the Declarations. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations e. All other insuring agreements, exclusions, and conditions of the policy apply. 2. Additional Insured -Broad Form Vendors The following is added to SECTION II LIABILITY, C. Who Is An Insured: Additional Insured -Broad Form Vendors a. Any person or organization that is a vendor with whom you agreed in a written contract or written agreement to include as an additional insured under this Coverage Part is an insured, but only with respect to liability for "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. b. The insurance afforded to such vendor described above: (1) Only applies to the extent permitted by law; (2) Will not be broader than the insurance which you are required by the contract or agreement to provide for such vendor; (3) Will not be broader than coverage provided to any other insured; and (4) Does not apply if the "bodily injury", "property damage" or "personal and advertising injury" is otherwise excluded from coverage under this Coverage Part, including any endorsements thereto c. With respect to insurance afforded to such vendors, the following additional exclusions apply: The insurance afforded to the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reasons of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 2 of 6 (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instruction from the manufacturer, and then repackaged in the original container; The most we will pay on behalf of the vendor for a covered claim is the lesser of the amount of insurance: 1. Required by the contract or agreement described in Paragraph a.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. (5) Any failure to make such inspection, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course 3. Alienated Premises of business in connection with the sale of the product; (6) Demonstration, installation, servicing or repair operations. except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale SECTION II -LIABILITY, B. Exclusions, 1. Applicable To Business Liability Coverage k. Damage to Property, paragraph (2) is replaced by the following: (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises and occurred from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; 4. Broad Form Property Damage -Borrowed Equipment, Customers Goods, Use of Elevators (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained within the exclusion in subparagraphs (4) or (6) above; or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (9) "Bodily injury" or "property damage" arising out of an "occurrence" that took place before you have signed the contract or agreement with the vendor. (10)To any person or organization included as an insured by another endorsement issued by us and made part of this Coverage Part. (11)Any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying 5. or containing such products. d. With respect to the insurance afforded to these vendors, the following is added to SECTION II -LIABILITY, D. Liability and Medical Expense Limits of Insurance: a. The following is added to SECTION II - LIABILITY, B. Exclusions, 1. Applicable To Business Liability Coverage, k. Damage to Property: Paragraph (4) does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. Paragraph (3), (4) and (6) do not apply to "property damage" to "customers goods" while on your premises nor to the use of elevators. b. For the purposes of this endorsement, the following definition is added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions: 1. "Customers goods" means property of your customer on your premises for the purpose of being: a. Worked on; or b. Used in your manufacturing process. c. The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured whether primary, excess, contingent or on any other basis. Incidental Malpractice -Employed Nurses, EMT's and Paramedics SECTION II -LIABILITY, C. Who Is An Insured, paragraph 2.a.(1)(d) does not apply to a nurse, 391-1006 0816 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 3 of 6 emergency medical technician or paramedic employed by you if you are not engaged in the business or occupation of providing medical, paramedical, surgical, dental, x-ray or nursing services. 6. Personal Injury -Broad Fonn a. SECTION II -LIABILITY, B. Exclusions, 2. Additional Exclusions Applicable only to "Personal and Advertising Injury", paragraph e. is deleted. b. SECTION II • LIABILITY, F. Liability and Medical Expenses Definitions, 14. "Personal and advertising injury", paragraph b. is replaced by the following: b. Malicious prosecution or abuse of process. c. The following is added to SECTION II • LIABILITY, F. Liability and Medical Expenses Definitions, Definition 14. "Personal and advertising injury": "Discrimination" (unless insurance thereof is prohibited by law) that results in injury to the feelings or reputation of a natural person, but only if such "discrimination" is: (1) Not done intentionally by or at the direction of: (a) The insured; (b) Any officer of the corporation, director, stockholder, partner or member of the insured; and (2) Not directly or indirectly related to an "employee", not to the employment, prospective employment or termination of any person or persons by an insured. d. For purposes of this endorsement, the following definition is added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions: 1. "Discrimination" means the unlawful treatment of individuals based upon race, color, ethnic origin, gender, religion, age, or sexual preference. "Discrimination" does not include the unlawful treatment of individuals based upon developmental, physical, cognitive, mental, sensory or emotional impairment or any combination of these. e. This coverage does not apply if liability coverage for "personal and advertising injury" is excluded either by the provisions of the Coverage Form or any endorsement thereto. 7. Product Recall Expense a. SECTION II -LIABILITY, B. Exclusions, 1. Applicable To Business Liability Coverage, !&~Hanover ~ Insurance Group- O83 D383369 1001622 o. Recall of Products, Work or Impaired Property is replaced by the following: o. Recall of Products, Work or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; If such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it, but this exclusion does not apply to "product recall expenses" that you incur for the "covered recall" of "your product". However, the exception. to the exclusion does not apply to "product recall expenses" resulting from: (4) Failure of any products to accomplish their intended purpose; (5) Breach of warranties of fitness, quality, durability or performance; (6) Loss of customer approval, or any cost incurred to regain customer approval; (7) Redistribution or replacement of "your product" which has been recalled by like products or substitutes; (8) Caprice or whim of the insured; (9) A condition likely to cause loss of which any insured knew or had reason to know at the inception of this insurance; (10)Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing materials; or (11) Recall of "your products" that have no known or suspected defect solely because a known or suspected defect in another of "your products" has been found. b. The following is added to SECTION II - LIABILITY, C. Who Is An Insured, paragraph 3.b.: "Product recall expense" arising out of any withdrawal or recall that occurred before you acquired or formed the organization. 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 4 of 6 c. The following is added to SECTION II - LIABILITY, D. Liability and Medical Expenses Limits of Insurance: Product Recall Expense Limits of Insurance a. The Limits of Insurance shown in the SUMMARY OF COVERAGES of this endorsement and the rules stated below fix the most that we will pay under this Product Recall Expense Coverage regardless of the number of: (1) Insureds; (2) "Covered Recalls" initiated; or (3) Number of "your products" withdrawn. b. The Product Recall Expense Aggregate Limit is the most that we will reimburse you for the sum of all "product recall expenses" incurred for all "covered recalls" initiated during the policy period. c. The Product Recall Each Occurrence Limit is the most we will pay in connection with any one defect or deficiency. d. All "product recall expenses" in connection with substantially the same general harmful condition will be deemed to arise out of the same defect or deficiency and considered one "occurrence". e. Any amount reimbursed for "product recall expenses" in connection with any one "occurrence" will reduce the amount of the Product Recall Expense Aggregate Limit available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. f. If the Product Recall Expense Aggregate Limit has been reduced by reimbursement of "product recall expenses" to an amount that is less than the Product Recall Expense Each Occurrence Limit, the remaining Aggregate Limit is the most that will be available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. g. Product Recall Deductible We will only pay for the amount of "product recall expenses" which are in excess of the $500 Product Recall Deductible. The Product Recall Deductible applies separately to each "covered recall". The limits of insurance will not be reduced by the amount of this deductible. We may, or will if required by law, pay all or any part of any deductible amount, if applicable. Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. The Product Recall Expense Limits of Insurance apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for the purposes of determining the Limits of Insurance. d. The following is added to SECTION II - LIABILITY, E. Liability and Medical Expense General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit: You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "product recall expense": (1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of "your product" and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance. e. For the purposs of this endorsement, the following definitions are added to SECTION II -LIABILITY, F. Liability and Medical Expenses Definitions: 1. "Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your product" has resulted or will result in "bodily injury" or "property damage". 2. "Product recall expense(s)" means: a. Necessary and reasonable expenses for: (1) Communications, including radio or television announcements or printed advertisements including stationary, envelopes and postage; 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 5 of 6 f. (2) Shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; (3) Remuneration paid to your regular "employees" for necessary overtime; !&~Hanover ~ Insurance Group- OB3 D383369 1001622 (1) If the "products -completed operations hazard" is excluded from coverage under this Coverage Part including any endorsement thereto; or (2) To "product recall expense" arising out of any of "your products" that are otherwise excluded from coverage under this Coverage Part including endorsements thereto. (4) Hiring additional persons, other than your regular "employees"; (5) Expenses incurred by "employees" 8. Unintentional Failure to Disclose Hazards including transportation and accommodations; (6) Expenses to rent additional warehouse or storage space; (7) Disposal of "your product", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are 9. required to avoid "bodily injury" or "property damage" as a result of such disposal, you incur exclusively for the purpose of recalling "your product"; and b. Your lost profit resulting from such "covered recall". This Product Recall Expense Coverage does not apply: The following is added to SECTION II LIABILITY, E. Liability and Medical Expenses General Conditions: Representations We will not disclaim coverage under this Coverage Part if you fail to disclose all hazards existing as of the inception date of the policy provided such failure is not intentional. Unintentional Failure to Notify The following is added to SECTION II LIABILITY, E. Liability and Medical Expenses General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit: Your rights afforded under this Coverage Part shall not be prejudiced if you fail to give us notice of an "occurrence", offense, claim or "suit", solely due to your reasonable and documented belief that the "bodily injury", "property damage" or "personal and advertising injury" is not covered under this Policy. ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 6 of 6 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/DD/YYYY) '---' 10/18/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Doug Jones PHONE (480) 951-4177 I rie~ Nol: (480) 951-4266 c/o Artex Risk Solutions, Inc. IAJC No Extl: E-MAIL SDL.BSD.Certificates@artexrisk.com 8840 E. Chaparral Rd.; Suite 275 ADDRESS: Scottsdale, AZ 85250 INSURER($) AFFORDING COVERAGE NAIC# INSURER A: Zurich-American Insurance Company 16535 INSURED INSURERB: Oasis Acquisition, Inc Labor Contractor, for co-employees of: SOUTHWEST INSURERC: STRATEGIES LLC 2054 Vista Parkway Suite 300 INSURERD: West Palm Beach, FL 33411 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: 17FL075935688 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WIHICH 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 ADDL SUBR POLICYEFF POLICY EXP LIMITS LTR TYPE OF INSURANCE •••en l>An,n POLICY NUMBER IMM/DDNYYYI IMM/DDNYYYI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ -D CLAIMS-MADE D OCCUR DAMAGE TO RENTED PREMISES /Ea occurrence\ $ MED EXP (Any one person) $ - PERSONAL & ADV INJURY $ - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ =7 DPRO-DLOC PRODUCTS -COMP/OP AGG $ POLICY JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ /Ea accident\ f--ANY AUTO BODILY INJURY (Per person) $ f--OWNED -SCHEDULED BODILY INJURY (Per accident) $ ~ AUTOS ONLY -AUTOS HIRED NON-OWNED ;p~~~~c~[e';,gAMAGE $ ~ AUTOS ONLY -AUTOS ONLY $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ f-- EXCESSLIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION X I ~ffTUTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N A ANYPROPRIETOR/PARTNER/EXECUTIVE D N/A X WC 10-60-317-01 06/01/2017 06/01/2018 E.L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L DISEASE -EA EMPLOYEE $ 1,000,000 ./ If yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE -POLICY LIMIT $ 1,000,000 Location Coverage Period: 06/01/2017 06/01/2018 Client# 16980-CAMAI N DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Coverage is provided for SOUTHWEST STRATEGIES LLC only those co-employees 401 B STREET STE 150 of, but not subcontractors SAN DIEGO, CA 92101 to: Endorsements: Waiver of Subrogation CERTIFICATE HOLDER CANCELLATION City of Carlsbad/ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CMWD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1635 Faraday Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Carlsbad, CA 92008 AUTHORIZED REPRESENTATIVE I c::iJ;~L~ © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 2512016/03) The ACORD name and loao are reaistered marks of ACORD WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA WC 04 03 06 (Ed. 4-84) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the schedule (This agreement applies only to the extent that you per- form work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be otherwise due on such remuneration. $0 of the California workers' compensation premium -~-- SCHEDULE Person or Organization Job Description IN FAVOR OF: City of Carlsbad/CMWD 1635 Faraday Avenue Carlsbad, CA 92008 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 10/18/2017 Policy No: WC 10-60-317-01 Insured: Oasis Acquisition, Inc Labor Contractor, for co-employees of: SOUTHWEST STRATEGIES LLC Insurance Company: Zurich-American Insurance Company WC 04 03 06 Copyright 1983 National Council on Compensation Insurance Endorsement No: Countersigned by