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HomeMy WebLinkAboutWoodard & Curran Inc; 2025-04-15; PSA25-3767UTILPSA25-3767UTIL General Counsel Approved Version 2/11/2025 Page 1 AGREEMENT FOR SUPPORT WITH WATER USE EFFICIENCY REQUIREMENTS AND VARIANCES SERVICES WOODARD & CURRAN INC. THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 2025, 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, California, ("CMWD"), and Woodard & Curran Inc., a Maine corporation ("Contractor"). RECITALS A. CMWD requires the professional services of a consultant that is experienced in water use efficiency support. B. Contractor has the necessary experience in providing professional services and advice related to water use efficiency support. 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 from the date first above written for one (1) year. The Executive Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, 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 shall not exceed forty-four thousand nine hundred and seventy ($44,970) dollars. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If CMWD elects to extend the Agreement, the amount shall not exceed forty-five thousand dollars ($45,000) per Agreement year. Payment terms are NET 30 unless provided otherwise in Exhibit “A”. CMWD reserves the Docusign Envelope ID: 01AB2489-AD57-46CD-BD62-0880FDEEE59C 15th April PSA25-3767UTIL General Counsel Approved Version 2/11/2025 Page 2 right to withhold a ten percent (10%) retention until CMWD has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification- subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. 7. 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. Docusign Envelope ID: 01AB2489-AD57-46CD-BD62-0880FDEEE59C PSA25-3767UTIL General Counsel Approved Version 2/11/2025 Page 3 8. 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. 9. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to defend (with counsel approved by CMWD), indemnify and hold harmless CMWD and the City of Carlsbad and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code Section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault. 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 CMWD’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-: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. 11.1 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 Docusign Envelope ID: 01AB2489-AD57-46CD-BD62-0880FDEEE59C PSA25-3767UTIL General Counsel Approved Version 2/11/2025 Page 4 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. 11.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 11.1.2 Automobile Liability (If the use of an automobile is involved for Contractor's work for CMWD). $2,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 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. 11.1.4 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. 11.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 CMWD will be named as an additional insured on Commercial General Liability which shall provide primary coverage to CMWD. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 If Contractor maintains higher limits than the minimums shown above, the City requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to the City. 11.2.4 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. 11.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 11.4 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 maintain the required coverages. Docusign Envelope ID: 01AB2489-AD57-46CD-BD62-0880FDEEE59C PSA25-3767UTIL General Counsel Approved Version 2/11/2025 Page 5 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. 11.5 Submission of Insurance Policies. CMWD reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. 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. 13. 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 four (4) years from the date of final payment under this Agreement. 14. 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. 15. 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. 16. 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 For Contractor Name Keri Martinez Name Haley Johnson Title Principal Engineer Title Water Resources Planner District: Carlsbad Municipal Water District Address 9665 Chesapeake Dr. Ste. 320 San Diego, CA 92123 Address 5950 El Camino Real Phone No. 858-875-7407 Carlsbad, CA 92008 Email hjohnson@woodardcurran.com Phone No. 442-339-2354 Docusign Envelope ID: 01AB2489-AD57-46CD-BD62-0880FDEEE59C PSA25-3767UTIL General Counsel Approved Version 2/11/2025 Page 6 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. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the CMWD Conflict of Interest Code. The Contractor shall report investments or interests as required in the CMWD Conflict of Interest Code. For Labor Compliance Service Agreements, the Contractor further represents, warrants, and declares, under penalty of perjury, interest, as that term is defined in Labor Code Section 1771.8(a)(2) does not exist. Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 18. 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. 19. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 20. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 21. 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. Docusign Envelope ID: 01AB2489-AD57-46CD-BD62-0880FDEEE59C PSA25-3767UTIL General Counsel Approved Version 2/11/2025 Page 7 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. 22. 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. CMWD may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to CMWD. In the event of termination of this Agreement by either party 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 payable under this Agreement. CMWD will make the final determination as to the portions of tasks completed and the compensation to be made. 23. 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. 24. 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 Docusign Envelope ID: 01AB2489-AD57-46CD-BD62-0880FDEEE59C PSA25-3767UTIL General Counsel Approved Version 2/11/2025 Page 8 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. 25. JURISDICTION AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California without regard to, or application of, choice of law rules or principles. 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. 26. 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. 27. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. 28. 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. This Agreement may be executed in counterparts. 29. 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. [signatures on following page] Docusign Envelope ID: 01AB2489-AD57-46CD-BD62-0880FDEEE59C PSA25-3767UTIL General Counsel Approved Version 2/11/2025 Page 9 CONTRACTOR CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad WOODARD & CURRAN INC., a Maine corporation By: By: (sign here) AMANDA L. FLESSE, General Manager, as authorized by the Executive Director Ray Fakhoury, Vice President (print name/title) ATTEST: By: SHERRY FREISINGER, Secretary (sign here) By: Deputy Secretary (print name/title) 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 Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President 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: CINDIE K. McMAHON, General Counsel By: _____________________________ Docusign Envelope ID: 01AB2489-AD57-46CD-BD62-0880FDEEE59C ::'J~ R.. ~ ~ PSA25-3767UTIL General Counsel Approved Version 2/11/2025 Page 10 EXHIBIT A SCOPE OF SERVICES AND FEE Docusign Envelope ID: 01AB2489-AD57-46CD-BD62-0880FDEEE59C 9665 Chesapeake Drive Suite 320 San Diego, California 92123 www.woodardcurran.com T 800.426.4262 T 858.875.7400 Via Electronic Mail March 19, 2025 Shoshana Aguilar Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, CA 92008 760-814-0241 Shoshana.Aguilar@carlsbadca.gov Re: Proposal for Support with Water Use Efficiency Requirements and Variances, 2025 Dear Ms. Aguilar: Thank you for the opportunity to submit this letter proposal to the Carlsbad Municipal Water District (CMWD) to support in developing water use efficiency (WUE) objectives and variances as established by the State Water Resources Control Board (SWRCB) in coordination with the California Department of Water Resources (DWR). Assembly Bill (AB) 1668 and Senate Bill (SB) 606, passed in 2018, established a new framework for long-term improvements in urban WUE and drought planning to make water conservation a way of life in California. The legislation requires that long-term urban WUE standards be set so that urban retail water suppliers’ urban water use objectives, together with other water uses excluded from the long-term standards, would exceed the statewide 2020 water conservation targets required pursuant to SB X7-7. Woodard & Curran understands and has been closely tracking SWRCB and DWR’s efforts to implement AB 1668 and SB 606 and supporting agencies throughout the state in complying with WUE requirements and variances. Furthermore, Woodard & Curran supported CMWD in developing its Urban Water Management Plan in 2016 and 2021, its Annual Water Supply and Demand Assessment in 2022, developing population and housing forecasts in support of its UWMP in 2020 and 2025, and preparing both the interim (2023) and first (2024) urban water use objective reports. Our team is therefore well-acquainted with CMWD’s water demand and supply portfolio and is well-positioned to assist CMWD in reporting on water use objectives and variances. Woodard & Curran entered into an Agreement with CMWD on January 3, 2023 (PSA23- 2046UTIL) for Water Use Efficiency Regulatory Support Services (the Agreement). Amendment No. 1 to the Agreement was entered into on November 16, 2023, extending and amending the Agreement for water use efficiency objectives and variances support services. The scope of work described in this proposal would be completed as Amendment No. 2 to the Agreement. Scope of Work The scope of work is described in the following tasks. PSA25-3767UTIL Exhibit "A" Docusign Envelope ID: 01AB2489-AD57-46CD-BD62-0880FDEEE59C ~ Woodard &Curran Carlsbad Municipal Water District 2 Woodard & Curran, Inc. Water Use Efficiency Requirements and Variances - 2025 March 19, 2025 Task 1: Data Collection and Project Management Woodard & Curran will conduct a kick-off call with CMWD to confirm goals of the analysis and approach. Woodard & Curran will prepare a data request via email to collect available data for the scoped work. Much of the data for the Urban Water Use Objective is obtained through publicly available datasets. Thus, the focused data request is anticipated to include: One to two recent years of hourly water demand data for all residences (from CMWD’s Advanced Metering Infrastructure [AMI] system) Water billing address data analysis (to be performed by CMWD IT) - analyze billing address data to compare billing and premise addresses for each account and classify them as “Owner” or “Renter”. FY 24-25 Model Water Efficient Landscape Ordinance (MWELO) plan review data FY 24-25 water loss audit (once completed in late 2025) Additional information related to Task 4 (CII Classification Support) yet to be determined, but anticipated to include: o CII account and premise information o North American Industry Classification System (NAICS) codes associated with businesses and/or addresses in CMWD’s service area Task 1 Deliverables: Data request and tracking system Meeting Minutes and Notes from kick-off call Task 1 Assumptions: CMWD will provide available data within 2 weeks of request. Task 2: Seasonal Population Variance Update Of concern to CMWD is including the water use objective variance for CMWD’s seasonal population (tourism) use. Woodard & Curran will analyze hourly consumption data from CMWD’s AMI system for residences using the recommended methodology from SWRCB and DWR. This will replicate the data processing Woodard & Curran performed for CMWD under a previous contract using Mar 2022 – Feb 2023 consumption data. Minor changes to the methodology may be incorporated, depending on the comments received from SWRCB on the previous documented analysis, if any. Woodard & Curran anticipates performing a sensitivity analysis on the assumptions previously used for weekend vs workday occupancy thresholds. Woodard & Curran will update the previously prepared Seasonal Population Variance Technical Memorandum (TM) that summarizes the data analysis methodology and calculates a CMWD seasonal population variance using the most recently available consumption data. PSA25-3767UTIL Exhibit "A" Docusign Envelope ID: 01AB2489-AD57-46CD-BD62-0880FDEEE59C ~ Woodard &Curran Carlsbad Municipal Water District 3 Woodard & Curran, Inc. Water Use Efficiency Requirements and Variances - 2025 March 19, 2025 Task 2 Deliverables: Draft Seasonal Population Variance TM Update Final Seasonal Population Variance TM Update Task 2 Assumptions: CMWD to provide one or more recent years of water consumption data (from AMI) for meters serving residences (see Task 1) using the same format used in the previous analysis of Mar 2022 – Feb 2023 consumption data. CMWD IT will prepare the billing address analysis for use in the data processing (see Task 1). Task 3: Calculate FY 24-25 Water Use Objective Woodard & Curran will calculate CMWD’s urban water use objective using the published Microsoft Excel template provided by the State. Most of the template is auto-calculated using publicly available information. Woodard & Curran’s tasks are anticipated to include: Input FY 24-25 water loss audit information once available. Calculate new residential landscape area from MWELO reviews. Enter relevant information for the variance for Significant Fluctuations in Seasonal Populations Variance (from Task 2). Review all auto-populated values and auto-calculated results. Enter relevant CII performance measures data, including: o Calculated count of disclosable buildings for water use reporting purposes. o CII account type classification (see Task 4). Woodard & Curran will prepare a Draft report (Excel) for review by CMWD. Comments will be incorporated into a Final report (Excel). Task 3 Deliverables: Draft CMWD urban water use objective report (Excel format) Final CMWD urban water use objective report (Excel format) Task 4: CII Classification Support Woodard & Curran will assist CMWD in complying with the new CII account classification performance measure. CMWD has approximately 1,700 accounts that need to be categorized into one of 22 categories required by the SWRCB. The approach to classification is yet to be determined, but will be discussed and strategized with CMWD. It is anticipated to include matching up each CII account with a NAICS code. NAICS codes can be quickly mapped to the 22 required categories using a crosswalk made available to CMWD by the California Water Efficiency Partnership. Woodard & Curran anticipates conducting some follow-up research for clarification or verification of a subset of accounts, particularly those that are initially classified as “Mixed Use” or “Other”, through Google Maps, business license database review (if available), or other resources provided by CMWD. Follow-up research for clarification/verification will be PSA25-3767UTIL Exhibit "A" Docusign Envelope ID: 01AB2489-AD57-46CD-BD62-0880FDEEE59C ~ Woodard &Curran Carlsbad Municipal Water District 4 Woodard & Curran, Inc. Water Use Efficiency Requirements and Variances - 2025 March 19, 2025 conducted as-needed up to the total number of hours of support for this task. Unknown or other accounts that cannot be classified may require follow-up by CMWD’s meter services or other field staff. Task 4 Deliverables: Excel workbook with results of classification support Task 4 Assumptions: CMWD to provide all data necessary for classification (to be discussed with CMWD). Assumes up to 47 hours of as-needed support. Exact work tasks will be discussed and agreed upon with CMWD before proceeding. Schedule Woodard & Curran proposes to complete this scope of work prior to the end of the calendar year. This contract would end no later than January 2, 2026. Budget Woodard & Curran proposes to provide CMWD with WUE support for a fee not to exceed $44,970, to be billed on a time and materials basis according to our 2025 standard rate sheet (see Attachment A: Proposed Fee Estimate attached). We are prepared to begin work on this effort immediately upon your authorization to do so. We greatly appreciate this opportunity to work with CMWD in achieving the WUE objectives. Please feel free to call Haley Johnson at (858) 875-7407 if you have any questions regarding our proposal or require any further information. Sincerely, WOODARD & CURRAN, INC. Ray H. Fakhoury Ray H. Fakhoury Haley Johnson Vice President Water Resources Planner PSA25-3767UTIL Exhibit "A" Docusign Envelope ID: 01AB2489-AD57-46CD-BD62-0880FDEEE59C ~ Woodard &Curran Attachment A Carlsbad Municipal Water District Fee Estimate Water Use Efficiency Requirements Support - 2025 3/19/2025 Tasks Total Ray Fakhoury Haley Johnson Sally Johnson Chris Hewes Arthella Vallarta Devin Hunt Jen Sindermann Client Manager Project Manager Quality Assurance Technical Lead Planner AMI Data Processing PA $360 $320 $320 $320 $265 $240 $145 Task 1: Data Collection and Project Management 1a. Data Request and Tracking System 2 4 6 $1,920 $1,920 1b. Kick-off call 1 2 3 $960 $960 1c. Monthly invoices, progress reports, and coordination 1 10 8 19 $4,720 $4,720 Subtotal Task 1:1 13 0 6 0 0 8 28 $7,600 $7,600 Task 2: Seasonal Population Variance Update 2a. Draft Seasonal tourism variance TM Update 3 2 8 40 53 $13,760 $13,760 2b. Final Seasonal tourism variance TM Update 2 6 4 12 $3,520 $3,520 Subtotal Task 2:0 5 2 14 0 44 0 65 $17,280 $17,280 Task 3: Calculate FY 24-25 Water Use Objective 3a. Urban water use objective (Excel format)2 1 8 12 23 $6,700 $6,700 Subtotal Task 3:0 2 1 8 12 0 0 23 $6,700 $6,700 Task 4: CII Classification Support 4a. CII Classification Support 2 1 14 30 47 $13,390 $13,390 Subtotal Task 4:0 2 1 14 30 0 0 47 $13,390 $13,390 SUBTOTAL (TASKS 1 - 4)1 22 4 42 42 44 8 163 $44,970 $44,970 Additional Notes: 3. Additional Woodard & Curran staff may perform work on the project, based on our standard billing rate schedule currently in effect. Total Fee 1. The individual hourly rates include salary, overhead and profit. 2. W&C reserves the right to adjust its hourly rate structure and ODC markup at the beginning of the calendar year for all ongoing contracts. Labor Total Hours Total Labor Costs (1) PSA25-3767UTIL Exhibit "A" Docusign Envelope ID: 01AB2489-AD57-46CD-BD62-0880FDEEE59C ~ Woodard & Curran Docusign Envelope ID: 01AB2489-AD57-46CD-BD62-0880FDEEE59C ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 3/24/2025 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 ~2tl~cT Grayling COi Specialist Edgewood Partners Insurance Agency llJ8NJ:0 Fxtl· 770.756.6599 I FAX 3780 Mansell Rd. Suite 370 IA/C Nol: 770.756.6599 Alpharetta GA 30022 i~o"J~ss: greylingcertslmareyling.com INSURER/SI AFFORDING COVERAGE NAIC# INSURER A: Continental Casualty Company 20443 INSURED INSURER B: The Continental Insurance Comoanv 35289 Woodard & Curran, Inc. INSURER c: National Union Fire Ins Co of Pittsburg 19445 12 Mountfort Street Portland, ME 04101 INSURER D: New Hamoshire Insurance Comoanv 23841 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: 174992521 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 ADDL SUBR ,:Si't%~ ,:ID-~%~ LTR TYPE OF INSURANCE ,.,.,n IWVD POLICY NUMBER LIMITS C X COMMERCIAL GENERAL LIABILITY GL3960965 4/1/2025 4/1/2026 EACH OCCURRENCE $2,000,000 ~ D CLAIMS-MADE [K] OCCUR DAMAGE TO RENTED PREMISES IEa occurrence\ $500,000 ~ MED EXP (Any one person) $25,000 PERSONAL & ADV INJURY ~ $2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 Fl [K] PRO-[K] LOC PRODUCTS -COMP/OP AGG $4,000,000 POLICY JECT OTHER: $ C AUTOMOBILE LIABILITY CA4629109 ~ 4/1/2025 4/1/2026 fi:~~~~~~t?INGLE LIMIT $2,000,000 X ANY AUTO BODILY INJURY (Per person) $ ~ ~ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY !Per accidentl $ B X UMBRELLA LIAB MOCCUR 7063893898 4/1/2025 4/1/2026 EACH OCCURRENCE $5,000,000 ~ X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED I X I RETENTION$ 1 n nnn $ D WORKERS COMPENSATION WC13711874 !AOS) 4/1/2025 4/1/2026 X I ~f:TUTE I I OTH-ER D AND EMPLOYERS' LIABILITY Y/N WC13711873 CA) 4/1/2D25 4/1/2026 ANYPROPRIETOR/PARTNER/EXECUTIVE ~ N/A E.L. EACH ACCIDENT $2,000,000 OFFICER/MEMBEREXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $2,000,000 g~it~Ftn~ ~n/gPERATIONS below E.L. DISEASE -POLICY LIMIT $2,000,000 A Professional Liability AEH114135520 2/23/2025 2/23/2026 Per Claim 1,000,000 incl. Pollution Aggregate 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Carlsbad shall be listed as additional insured with respect to General Liability where required by written contract. A Waiver of Subrogation and 30 Day Notice of Cancellation is provided in accordance with the policy terms and conditions. Professional Liability Retro-Active Date: Full Prior Acts. 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. c/o EXIGIS Insurance Compliance Services; P.O. Box947 AUTHORIZED REPRESENTATIVE Murrieta CA 92564-0000 0M_14 6-/4c_iJ.. I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: 01AB2489-AD57-46CD-BD62-0880FDEEE59C POLICY NUMBER: GL3960965 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Ornanization(s) Location(s) Of Covered 0Derations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 10 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 2 □ Docusign Envelope ID: 01AB2489-AD57-46CD-BD62-0880FDEEE59C A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for nbodily injuryn, "property damagen or "personal and advertising injuryn caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to nbodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your workn out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 Docusign Envelope ID: 01AB2489-AD57-46CD-BD62-0880FDEEE59C POLICY NUMBER: GL3960965 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL V. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Docusign Envelope ID: 01AB2489-AD57-46CD-BD62-0880FDEEE59C BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The folloWing "attaching clause• need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 04/01/2025 Issued to Woodard & Curran, Inc, forms a part of Policy No. WC WC13711873 By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be 2. 00 % of the total estimated workers compensation premium for this policy. WC 04 03 61 (Ed. 11/90) Countersigned by _ _ _ _ _ _ _ _ _ . Authorized Representative