Loading...
HomeMy WebLinkAboutWoodard & Curran; 2025-08-26; PSA26-3913UTILPSA26-3913UTIL General Counsel Approved Version 5/30/2025 Page 1 AGREEMENT FOR 2025 URBAN WATER MANAGEMENT PLAN PREPARATION SERVICES WOODARD & CURRAN INC. THIS AGREEMENT (“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 with the CMWD Urban Water Management Plan. B. Contractor has the necessary experience in providing professional services and advice related to CMWD Urban Water Management Plan. C. The Otay Water District entered into an agreement with Contractor on May 8, 2025, after issuing a “Request for Proposals for Engineering and Environmental Planning Services”, RFP Number: RFP 2025 WFMP UWMP IRP. D. Carlsbad Municipal Code Section 3.28.100 (Cooperative Purchasing) provides that the purchasing officer may buy directly from a vendor at a price established by another public agency when the other agency has made their purchase in a competitive manner. E. Contractor has agreed to extend the same pricing in the Agreement with the Otay Water District to the Carlsbad Municipal Water District. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained in this Agreement, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services (“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 to July 30, 2026. The Executive Manager may amend the Agreement to extend it for one (1) additional one (1) year periods or parts of a year. 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. Docusign Envelope ID: ACA3024A-25F9-40D2-8BDD-3DF09A2C246D August 26th PSA26-3913UTIL General Counsel Approved Version 5/30/2025 Page 2 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed eighty-five thousand, nine hundred and thirty-five dollars ($85,935). 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 eighty-five thousand, nine hundred and thirty-five dollars ($85,935) per Agreement year. Payment terms are Net 30 unless otherwise provided in Exhibit “A” or agreed to in writing by the parties. CMWD reserves the 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 CMWD’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. 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 City of Carlsbad City Engineer approves otherwise, 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. 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 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 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, requests for information, 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 Contractor of any other requirements as may be specified in this Agreement. 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 the 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 this 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' Docusign Envelope ID: ACA3024A-25F9-40D2-8BDD-3DF09A2C246D PSA26-3913UTIL General Counsel Approved Version 5/30/2025 Page 3 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. 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 in this Agreement 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 California Civil Code Section 2782.8), then, and only to the extent required by California Civil Code Section 2782.8, which is fully incorporated in this Agreement, 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”; Docusign Envelope ID: ACA3024A-25F9-40D2-8BDD-3DF09A2C246D PSA26-3913UTIL General Counsel Approved Version 5/30/2025 Page 4 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 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 and 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, CMWD 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 CMWD. 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. Docusign Envelope ID: ACA3024A-25F9-40D2-8BDD-3DF09A2C246D PSA26-3913UTIL General Counsel Approved Version 5/30/2025 Page 5 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. 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 anytime, 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. Docusign Envelope ID: ACA3024A-25F9-40D2-8BDD-3DF09A2C246D PSA26-3913UTIL General Counsel Approved Version 5/30/2025 Page 6 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 District Engineer Title Water Resources Planner Department Carlsbad Municipal Address 9665 Chesapeake Dr. Ste. 320 Water District 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 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. Docusign Envelope ID: ACA3024A-25F9-40D2-8BDD-3DF09A2C246D PSA26-3913UTIL General Counsel Approved Version 5/30/2025 Page 7 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, HARASSMENT, AND RETALIATION PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination, harassment and retaliation. 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. 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 Docusign Envelope ID: ACA3024A-25F9-40D2-8BDD-3DF09A2C246D PSA26-3913UTIL General Counsel Approved Version 5/30/2025 Page 8 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 Section 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. 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. Docusign Envelope ID: ACA3024A-25F9-40D2-8BDD-3DF09A2C246D PSA26-3913UTIL General Counsel Approved Version 5/30/2025 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) SHEILA COBIAN, Assistant Executive Manager, as authorized by the Executive Manager Ray H. Fakhoury, Vice President (print name/title) ATTEST: By: SHERRY FREISINGER, Secretary (sign here) By: Assistant City Clerk (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: Assistant General Counsel Docusign Envelope ID: ACA3024A-25F9-40D2-8BDD-3DF09A2C246D PSA26-3913UTIL General Counsel Approved Version 5/30/2025 Page 10 EXHIBIT A SCOPE OF SERVICES AND FEE Docusign Envelope ID: ACA3024A-25F9-40D2-8BDD-3DF09A2C246D 9665 Chesapeake Drive Suite 320 San Diego, California 92123 www.woodardcurran.com T 800.426.4262 T 858.875.7400 Via Electronic Mail July 15, 2025 Keri Martinez Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, CA 92008 760-814-0241keri.martinez@carlsbadca.gov Re: Proposal for 2025 Urban Water Management Plan Dear Ms. Martinez: Thank you for the opportunity to submit this letter proposal to the Carlsbad Municipal Water District (CMWD) to prepare CMWD’s 2025 Urban Water Management Plan (UWMP). Consistent with the requirements of the California Water Code, CMWD is required to update and submit a UWMP to the State every five years. The 2025 UWMP will provide information about CMWD’s actual and projected water demands and supplies through 2050. Woodard & Curran has an extensive resume of developing UWMPs that meet State requirements for agencies throughout California. Locally, our team was involved with the preparation of UWMPs for City of Oceanside, City of Poway, San Diego County Water Authority, San Dieguito Water District, and Santa Fe Irrigation District during the previous 2020 cycle. Furthermore, Woodard & Curran supported CMWD in developing its 2015 and 2020 Urban Water Management Plan, 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 its 2025 UWMP. Scope of Work Woodard & Curran will work with CMWD staff to prepare a 2025 UWMP that meets all requirements established in DWR’s 2025 UWMP Guidebook (yet released). Although not confirmed, we understand the State is planning to release the Draft Guidebook in August 2025. This Scope of Work assumes a Draft Guidebook will be available in mid-August 2025. We also assume the project will kick off before the 2025 Guidebook is available, to give our team adequate time to update supply and demand data that we are confident will be included. Following release of the Final Guidebook, Woodard & Curran will evaluate the need for potential changes to this Scope of Work to reflect new requirements in the Guidebook. Woodard & Curran will strive to adjust the level of effort to remain within the included fee estimate. If DWR’s Final Guidebook includes substantial changes beyond those currently anticipated, as captured in this Scope of Work, an amendment to this scope of work and fee may be required. The scope of work is described in the following tasks. PSA26-3913UTIL Exhibit "A" Docusign Envelope ID: ACA3024A-25F9-40D2-8BDD-3DF09A2C246D Carlsbad Municipal Water District 2 Woodard & Curran, Inc. 2025 Urban Water Management Plan July 15, 2025 Task 1: Project Management and Administration Task 1 includes project management and coordination activities for the course of the project. Woodard & Curran will prepare and submit an initial schedule for the project in MS Project to CMWD at the kickoff meeting for review and approval. The schedule will contain at a minimum proposed start and finish dates for all tasks and subtasks defined in the scope of work. Woodard & Curran will meet with CMWD staff as needed during the project. For the purposes of this proposal, we assume twelve (12) meetings, including the kick-off, information gathering, progress, two (2) coordination calls with the San Diego County Water Authority, and project wrap up. Agendas and meeting notes will be prepared for all meetings during the project and submitted via email to CMWD. Woodard & Curran will provide general project management functions, including preparing and maintaining budgets, submitting monthly invoices and progress reports, and conducting quality assurance. Task 1 Deliverables: Meeting agendas and notes (up to 12, including kick-off and 2 calls with SDCWA) Monthly invoices Task 1 Assumptions: Meetings will be held virtually via MS Teams Task 2: Data Collection and Review Woodard & Curran will review pertinent documents, prepare a data request for the 2025 UWMP and provide a table of data needs to CMWD, as well as guidance on collecting and/or developing any data that is not readily available. The data request may include, but not be limited to: Water production by supply source from 2021-2025; Monthly customer use data for 2021-2025 by customer class; Number of accounts by customer type and customer demographic groups; AWWA Water Loss Audits (2021-2024); Description and status of implementation for conservation measures; and GIS shapefiles of CMWD’s potable, recycled, and wastewater systems, if different from 2020. A kick-off meeting (Task 1) will be held via conference call to review the project schedule, scope, and data needs. Following the Draft 2025 UWMP Guidebook release (anticipated August 2025), Woodard & Curran will prepare a second table of additional data needs, if necessary. Additional data requests may be made as needed throughout document development. PSA26-3913UTIL Exhibit "A" Docusign Envelope ID: ACA3024A-25F9-40D2-8BDD-3DF09A2C246D Carlsbad Municipal Water District 3 Woodard & Curran, Inc. 2025 Urban Water Management Plan July 15, 2025 Task 2 Deliverables: Preliminary data request Secondary data request, if needed pending the Draft 2025 UWMP Guidebook Task 2 Assumptions: CMWD will respond to data requests within two weeks For data required for the 2025 UWMP, Woodard & Curran will rely as much as possible on data that we already have from past and current task orders with CMWD Task 3: Demand and Supply Analysis Subtask 3.1 System Description and Demands Woodard & Curran will draft the System Description, System Water Use, and Baselines and Targets portions of the 2025 UWMP. Woodard & Curran has completed population and demand projections, and a description of CMWD’s system under a separate task order. This scope of work assumes previous efforts will be reorganized, as needed, and incorporated into the draft UWMP chapters. Woodard & Curran will provide a thorough description of CMWD’s service area that includes information on climate, population, demographics, land use, and water infrastructure facilities. This chapter will include a description of potable and recycled water systems including storage, transmission, treatment, and distribution facilities. It will also include description of climate change vulnerability, mitigation, and adaptation, per the DWR 2025 UWMP Guidebook. Woodard & Curran will draft the System Water Use chapter to include historical, current and projected water use by use type. The demand characterization will include potable and recycled water demand projections for a 25-year timeframe, in 5-year increments, through 2050. This analysis will also address savings from codes and ordinances, the effect of climate change on water demand, and historic water losses. Woodard & Curran will verify CMWD’s projected demands with those provided by the San Diego County Water Authority. This chapter will also include an expanded discussion of CMWD’s seasonal population and seasonal water use, based on our prior and ongoing work preparing CMWD’s urban water use objective reports. Woodard & Curran will calculate and report CMWD’s per capita water use in gallons per capita per day (GPCD) and update the 2020 UWMP narrative, as needed, explaining CMWD’s compliance with the 2020 Water Conservation Act of 2009 (SB x7-7) target. Because CMWD met its 2020 per capita water use target of 207 GPCD and because CMWD has not experienced a change in its service area, which would necessitate a recalculation of the baseline and target, Woodard & Curran anticipates the portion of the 2025 UWMP that addresses SB x7-7 to be straightforward and to require minimal effort to update. If required by the 2025 UWMP Guidebook, Woodard & Curran will draft a description of CMWD’s compliance to-date with the Water Use Efficiency Standards (AB 1668 and SB 606). Woodard & Curran will incorporate work on CMWD’s urban water use objective reports, which have been completed under a separate task order. A draft version of the System Description, System Water Use, and Baselines and Targets chapters will be provided to CMWD for review. A revised version that incorporates CMWD PSA26-3913UTIL Exhibit "A" Docusign Envelope ID: ACA3024A-25F9-40D2-8BDD-3DF09A2C246D Carlsbad Municipal Water District 4 Woodard & Curran, Inc. 2025 Urban Water Management Plan July 15, 2025 comments will be included in the Administrative Draft UWMP, under Subtask 4.1, below. Task 3.1 Deliverables: Draft Chapter 3 System Description Draft Chapter 4 System Water Use Draft Chapter 5 Conservation Compliance (SB x7-7, AB 1668/SB 606) Task 3.1 Assumptions: CMWD’s projected population, demands, and system description will be based on work completed by Woodard & Curran under the long-range population and water demand forecasting task San Diego County Water Authority projections will be available by late Summer 2025 Chapter 5, addressing SBx7-7 compliance, will not require substantial updates or recalculations Urban water use efficiency information, if required, would be incorporated into either Chapter 4 System Water Use or Chapter 5 Conservation Compliance, unless otherwise directed by the 2025 UWMP Guidebook Comments on Draft Chapters 3, 4, and 5 will be addressed in the Administrative Draft UWMP (Task 4.1) Subtask 3.2 System Supplies Woodard & Curran will draft the Water Supplies and Water Supply Reliability chapters of the UWMP. The Water Supplies chapter will address CMWD’s existing and planned supply mix and projects, energy intensity of supplies, and climate change impacts on supplies. Woodard & Curran will rely on new descriptions and analyses that reflect CMWD’s existing and planned supply mix, including recycled water, desalinated water, purchased water, and potential groundwater and stormwater supplies, as applicable. We will also leverage our knowledge of the regional supply context to ensure a thorough water supply description. The Water Supply Reliability chapter will include updates to supply constraints, reliability by type of year (including 5 consecutive dry years), and a supply and demand assessment for the normal year, single dry year, and 5-year multiple dry years. The task will also include a description of water quality and any foreseeable constituents of concern. Woodard & Curran will provide a draft version of the Water Supplies and Water Supply Reliability chapters for CMWD review. Revised versions of these chapters that incorporate CMWD comments will be included in the Administrative Draft UWMP under Task 4.1, below. Task 3.2 Deliverables: Draft Chapter 6 Water Supplies Draft Chapter 7 Water Supply Reliability Task 3.2 Assumptions: Demands not able to be met with local supplies would be met with purchases from the PSA26-3913UTIL Exhibit "A" Docusign Envelope ID: ACA3024A-25F9-40D2-8BDD-3DF09A2C246D Carlsbad Municipal Water District 5 Woodard & Curran, Inc. 2025 Urban Water Management Plan July 15, 2025 San Diego County Water Authority San Diego County Water Authority’s supply reliability analysis will be available in January 2026 Comments on Draft Chapters 6 and 7 will be addressed in the Administrative Draft UWMP (Task 4.1) Subtask 3.3 Water Shortage Contingency Planning and Demand Management Measures Per recent communications with DWR staff, Woodard & Curran anticipates minimal updates to the Water Shortage Contingency Plan guidance in the 2025 UWMP Guidebook. Woodard & Curran will update the 2020 UWMP Water Shortage Contingency Planning chapter, including water shortage levels and shortage response actions, as needed to maintain compliance with provisions in the Water Code and published guidance documents. Woodard & Curran will update the description of Demand Management Measures to reflect recent conservation efforts and planned future demand management projects. Woodard & Curran will revise the section to address the requirements of the 2025 Guidebook, which needs to reflect conservation efforts undertaken in the last 5 years and planned for implementation to meet indoor- and outdoor-water use efficiency standards. Woodard & Curran will work with CMWD to quantify the potential water savings from each demand management measure and forecast the timing of savings. Woodard & Curran will revisit CMWD’s conservation measures and the assumptions regarding conservation savings to reflect any changes in CMWDs conservation actions since the 2020 UWMP. A draft version of the Water Shortage Contingency Planning and Demand Management Measures chapters will be provided to CMWD for review. A revised version that incorporates CMWD comments will be included in the Administrative Draft UWMP, under Subtask 4.1, below. Task 3.3 Deliverables: Draft Chapter 8 Water Shortage Contingency Planning Draft Chapter 9 Demand Management Measures Task 3.3 Assumptions: Updates to the Water Shortage Contingency Plan will be minimal CMWD will provide updated numbers for the programs included in the Demand Management Measures as part of the data request (Task 2). Comments on Draft Chapters 8 and 9 will be addressed in the Administrative Draft UWMP (Task 4.1) Task 4: UWMP Report Preparation and Submittal Subtask 4.1: Administrative Draft UWMP Woodard & Curran assumes that each of the above chapters in Task 3 will be completed and PSA26-3913UTIL Exhibit "A" Docusign Envelope ID: ACA3024A-25F9-40D2-8BDD-3DF09A2C246D Carlsbad Municipal Water District 6 Woodard & Curran, Inc. 2025 Urban Water Management Plan July 15, 2025 reviewed independently as data become available from CMWD. Following the completion of deliverables from Task 3, we will produce a complete Administrative Draft 2025 UWMP for CMWD review that incorporates comments received on the draft chapters under Subtasks 3.1 through 3.3, above. Additionally, Woodard & Curran will prepare a Draft Executive Summary, and Draft Chapters 1, 2, and 10 (Introduction and Overview, Plan Preparation, and Plan Adoption, Submittal and Implementation) for inclusion in the Administrative Draft UWMP. All requirements for a 2025 UWMP will be identified on DWR-approved checklists, for CMWD review. Woodard & Curran will submit the Administrative Draft in electronic (MS Word) format for CMWD review, along with the completed data tables required for submittal to DWR in electronic (MS Excel) format. This scope assumes CMWD comments will be provided within 2 weeks. The compiled Administrative Draft will include all UWMP sections and associated appendices required by the 2025 Guidebook. Should DWR delay the release of the Final 2025 Guidebook until after the Administrative Draft is due to CMWD, the Administrative Draft UWMP will be consistent with the requirements of the Draft 2025 Guidebook. Task 4.1 Deliverables: Administrative Draft UWMP, including appendices, DWR Tables, DWR checklists Task 4.1 Assumptions: CMWD will provide comments on the Administrative Draft UWMP within 2 weeks. Comments on the Administrative Draft UWMP will be addressed in the Second Administrative Draft UWMP (Task 4.2) The Administrative Draft will reflect the requirements of whichever version of DWR’s 2025 UWMP Guidebook is available at the time the Administrative Draft is prepared (either the Draft 2025 Guidebook or Final 2025 Guidebook) Subtask 4.2: Second Administrative Draft UWMP Following CMWD review, Woodard & Curran will conduct one conference call with CMWD staff to discuss CMWD comments on the Administrative Draft. Woodard & Curran will revise the draft UWMP, appendices, tables, and checklists incorporating CMWD comments and provide CMWD with a Second Administrative Draft UWMP. Task 4.2 Deliverables: Second Administrative Draft UWMP Task 4.2 Assumptions: One 1-hour call to review comments on the Administrative Draft will be held virtually using MS Teams. CMWD will provide comments on the Second Administrative Draft UWMP within 2 weeks. PSA26-3913UTIL Exhibit "A" Docusign Envelope ID: ACA3024A-25F9-40D2-8BDD-3DF09A2C246D Carlsbad Municipal Water District 7 Woodard & Curran, Inc. 2025 Urban Water Management Plan July 15, 2025 Comments on the Second Administrative Draft UWMP will be addressed in the Public Review Draft UWMP (Task 4.3) Subtask 4.3: Public Review Draft UWMP Following CMWD review, Woodard & Curran will conduct one conference call with CMWD staff to discuss CMWD comments on the Second Administrative Draft. Woodard & Curran will incorporate CMWD comments and produce a complete Public Review Draft 2025 UWMP. Woodard & Curran will submit the Public Draft to CMWD in PDF format for public review, along with the completed data tables required for submittal to DWR. Woodard & Curran recommends that the public review period is at least 30 days and that the public hearing be scheduled during this time. Task 4.3 Deliverables: Public Review Draft UWMP Task 4.3 Assumptions: One 1-hour call to review comments on the Second Administrative Draft will be held virtually using MS Teams. CMWD will be responsible for notifying applicable stakeholders of the availability of the Public Review Draft UWMP The public review period will be 30 days Subtask 4.4: Final UWMP Following public review on the Public Review Draft 2025 UWMP, Woodard & Curran will incorporate comments and produce a Final 2025 UWMP. One conference call will be held with CMWD to discuss proposed responses to comments. Woodard & Curran will submit the Final UWMP to CMWD in PDF and Word format, with DWR tables in Excel format. Woodard & Curran will submit the Final UWMP and supporting materials to DWR electronically through the Water Use Efficiency (WUE) database (or as required by the Final 2025 Guidebook), no later than July 1, 2026. Task 4.4 Deliverables: Final UWMP DWR Submittal Task 4.4 Assumptions: One 1-hour call to review comments on the Public Review Draft and responses to comments will be held virtually using MS Teams. OPTIONAL Task 5: Presentations and Noticing If authorized, Woodard & Curran will support CMWD with agency coordination and public PSA26-3913UTIL Exhibit "A" Docusign Envelope ID: ACA3024A-25F9-40D2-8BDD-3DF09A2C246D Carlsbad Municipal Water District 8 Woodard & Curran, Inc. 2025 Urban Water Management Plan July 15, 2025 participation required for the 2025 UWMP process. The Urban Water Management Planning Act requires CMWD to coordinate the preparation of its plan with agencies in the area, including other water suppliers that share a common source, water management agencies, and relevant public agencies. Woodard & Curran will prepare a draft and final letter that CMWD would distribute to agencies notifying them no later than 60 days prior to the update of the UWMP. To encourage public participation in the UWMP update, CMWD will hold a public hearing. Woodard & Curran will assist CMWD with the public hearing by preparing materials that CMWD staff will present. Woodard & Curran will also prepare materials that CMWD staff will present at the meeting to adopt the UWMP. If requested, Woodard & Curran staff will attend the public hearing and Board meeting. Optional Task 5 Deliverables: Draft and Final 60-day Notice of UWMP Update Draft and Final notice of public hearing to coordinating agencies Draft and Final public hearing presentation Draft and Final CMWD Board presentation materials Draft CMWD Board resolution Optional Task 5 Assumptions: If Task 5 is not authorized, CMWD will be responsible for all deliverables in this task CMWD would be responsible for customer mailings, coordinating agency mailings, and posting on CMWD website CMWD would be responsible for all newspaper notices and fees Woodard & Curran staff would attend the public hearing and Board of Directors meeting; however, CMWD staff would be responsible for presenting Schedule Woodard & Curran proposes to complete this scope of work according to the following schedule. Because CMWD uses a calendar year timeframe for its UWMP, some final 2025 demand and supply data may not be available until the end of January 2026. UWMP Chapters – January-February 2026 Administrative UWMP - February 2026 Second Administrative UWMP - March 2026 Public Review Draft UWMP, 30-day Public Review, and Public Hearing - April 2026 Final UWMP, CMWD Adoption - June 2026 Adopted UWMP Submittal to DWR - July 1, 2026 PSA26-3913UTIL Exhibit "A" Docusign Envelope ID: ACA3024A-25F9-40D2-8BDD-3DF09A2C246D Carlsbad Municipal Water District 9 Woodard & Curran, Inc. 2025 Urban Water Management Plan July 15, 2025 Budget Woodard & Curran proposes to provide CMWD with 2025 UWMP support for a fee not to exceed $80,930 ($85,935 with optional tasks), to be billed on a time and materials basis according to our 2025 standard rate sheet (see Attachment A: Proposed Fee Estimate attached). We suggest to begin work on this effort in August 2025 to align with the anticipated release of the 2025 UWMP Guidebook. We greatly appreciate this opportunity to work with CMWD in achieving compliance with UWMP reporting requirements. 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 PSA26-3913UTIL Exhibit "A" Docusign Envelope ID: ACA3024A-25F9-40D2-8BDD-3DF09A2C246D Attachment A Carlsbad Municipal Water District Fee Estimate 2025 Urban Water Management Plan 7/15/2025 Tasks Total Ray Fakhoury Haley Johnson Sally Johnson Chris Hewes Arthella Vallarta Merina Addonigio Jen Sindermann Client Manager Project Manager Technical Advisor Demand & Conservation Planner GIS Analyst Planner 1 PA $370 $320 $320 $320 $265 $190 $160 $145Task 1: Project Management and Administration 1.1 Project schedule 2 2 $640 $0 $640 1.2 Monthly invoicing and progress reports 6 12 18 $3,660 $0 $3,660 1.3 Meeting agendas 2 4 6 $1,700 $0 $1,700 1.4 Meetings (12)12 5 18 35 $10,210 $0 $10,210 Subtotal Task 1:0 22 5 0 22 0 0 12 61 $16,210 $0 $16,210 Task 2: Data Collection and Review 2.1 Data collection and review 3 1 2 4 10 $2,980 $0 $2,980 2.2 Data request(s)2 2 4 $1,170 $0 $1,170 Subtotal Task 2:0 5 1 2 6 0 0 0 14 $4,150 $0 $4,150 Task 3: Demand and Supply Analysis 3.1 System Description 2 2 1 5 $1,360 $0 $1,360 3.2 System Water Use 2 4 4 10 $2,980 $0 $2,980 3.3 Conservation Compliance 6 1 4 6 17 $5,110 $0 $5,110 3.4 Water Supplies 8 1 6 15 $4,470 $0 $4,470 3.5 Water Supply Reliability and Drought Risk Assessment 8 1 4 8 21 $5,220 $0 $5,220 3.6 Water Shortage Contingency Planning 5 1 12 18 $3,840 $0 $3,840 3.7 Demand Management Measures 5 16 21 $4,160 $0 $4,160 Subtotal Task 3:0 36 4 8 22 1 36 0 107 $27,140 $0 $27,140 Task 4: UWMP Report Preparation and Submittal 4.1 Administrative Draft UWMP 14 2 18 24 58 $13,730 $0 $13,730 4.2 Second Administrative 10 8 8 26 $6,600 $0 $6,600 4.3 Final Draft UWMP for Public Review 10 1 10 4 25 $6,810 $220 $7,030 4.4 Adopted UWMP and Submittal 5 6 18 29 $6,070 $0 $6,070 Subtotal Task 4:0 39 3 0 42 0 54 0 138 $33,210 $220 $33,430 SUBTOTAL (TASKS 1 - 4)0 102 13 10 92 1 36 12 320 $80,710 $220 $80,930 OPTIONAL Task 5: Presentations and Noticing Draft and final Notice of UWMP Update 1 1 4 6 $1,225 $0 $1,225 Draft and final public hearing notices 1 1 1 3 6 $1,385 $0 $1,385 Draft and final public hearing and Board presentations 1 2 6 9 $1,810 $0 $1,810 Draft Resolution 1 1 2 $585 $0 $585 Subtotal OPTIONAL Task 5:0 4 1 0 5 0 13 0 23 $5,005 $0 $5,005 TOTAL with OPTIONAL Task 0 106 14 10 97 1 49 12 343 $85,715 $220 $85,935 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 ODCs Total Hours Total Labor Costs (1) Total ODCs (3) PSA26-3913UTIL Exhibit "A" Docusign Envelope ID: ACA3024A-25F9-40D2-8BDD-3DF09A2C246D Docusign Envelope ID: ACA3024A-25F9-40D2-8BDD-3DF09A2C246D Docusign Envelope ID: ACA3024A-25F9-40D2-8BDD-3DF09A2C246D Docusign Envelope ID: ACA3024A-25F9-40D2-8BDD-3DF09A2C246D Docusign Envelope ID: ACA3024A-25F9-40D2-8BDD-3DF09A2C246D Docusign Envelope ID: ACA3024A-25F9-40D2-8BDD-3DF09A2C246D