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Woodard and Curran; 2020-07-30; PSA21-1194UTIL
PSA21-1194UTIL General Counsel Approved Version 6/12/18 1 AGREEMENT FOR 2020 URBAN WATER MANAGEMENT PLAN SERVICES WOODARD & CURRAN THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 2020, by and between the CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, ("CMWD"), and WOODARD & CURRAN INC., a Maine corporation, ("Contractor"). RECITALS A. CMWD requires the professional services of a consultant that is experienced in water management planning services. B. Contractor has the necessary experience in providing professional services and advice related to water management planning services. C. Contractor has submitted a proposal to CMWD and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. 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 thirty four thousand nine hundred ninety five dollars ($34,995). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. 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. 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 DocuSign Envelope ID: 272D649E-0FFC-413D-90CA-5E8F8E0E1D68 July 30th PSA21-1194UTIL General Counsel Approved Version 6/12/18 2 as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CMWD for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify CMWD and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At CMWD’s election, CMWD may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and CMWD. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by CMWD. 8. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless CMWD and the City of Carlsbad, their officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense CMWD or the City of Carlsbad incurs or makes to or on behalf of an injured employee under their self- administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance 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. DocuSign Envelope ID: 272D649E-0FFC-413D-90CA-5E8F8E0E1D68 PSA21-1194UTIL General Counsel Approved Version 6/12/18 3 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or Executive Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. CMWD, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to CMWD as an additional insured. 10.1.1 Commercial General Liability (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. 10.1.2 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. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to CMWD's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 CMWD will be named as an additional insured on Commercial General Liability which shall provide primary coverage to CMWD. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then CMWD will have the option to declare Contractor in breach or may purchase replacement insurance or pay the premiums that are due on existing policies in order to 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. DocuSign Envelope ID: 272D649E-0FFC-413D-90CA-5E8F8E0E1D68 PSA21-1194UTIL General Counsel Approved Version 6/12/18 4 10.5 Submission of Insurance Policies. CMWD reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of CMWD during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of CMWD. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to CMWD. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement. For CMWD For Contractor Name Stephen Kash Name Rosalyn Prickett Title Senior Engineer Title Senior Water Resource Planner Carlsbad Municipal Water District Address 9655 Chesapeake Drive, Suite 320 Address 5950 El Camino Real San Diego, CA 92123 Carlsbad, CA 92008 Phone 858-875-7420 Phone 760-603-7350 E-mail rprickett@woodardcurran.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes ☒ No ☐ DocuSign Envelope ID: 272D649E-0FFC-413D-90CA-5E8F8E0E1D68 PSA21-1194UTIL General Counsel Approved Version 6/12/18 5 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or CMWD will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the Executive Manager. The Executive Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the Executive Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CMWD may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If CMWD decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, CMWD may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by CMWD and all work in progress to CMWD address contained in this Agreement. CMWD will make a determination of fact based upon the work product delivered to CMWD and of the percentage of work that Contractor has performed which is usable and of worth to CMWD in having the Agreement completed. Based upon that finding CMWD will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of CMWD, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to CMWD. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. CMWD will make the final determination as to the portions of tasks completed and the compensation to be made. DocuSign Envelope ID: 272D649E-0FFC-413D-90CA-5E8F8E0E1D68 PSA21-1194UTIL General Counsel Approved Version 6/12/18 6 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, CMWD will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD must be asserted as part of the agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to CMWD, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If CMWD seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for CMWD to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon CMWD and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of CMWD, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. /// /// /// /// DocuSign Envelope ID: 272D649E-0FFC-413D-90CA-5E8F8E0E1D68 PSA21-1194UTIL General Counsel Approved Version 6/12/18 7 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR 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, a Maine corporation By: By: (sign here) Vicki V. Quiram, General Manager, as authorized by the Executive Manager Doug McKeown, Chairman (print name/title) By: (sign here) Bruce Nicholson, 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: CELIA A. BREWER, General Counsel By: _____________________________ Assistant General Counsel DocuSign Envelope ID: 272D649E-0FFC-413D-90CA-5E8F8E0E1D68 PSA21-1194UTIL General Counsel Approved Version 6/12/18 8 EXHIBIT “A” SCOPE OF SERVICES DocuSign Envelope ID: 272D649E-0FFC-413D-90CA-5E8F8E0E1D68 9655 Chesapeake Drive | Suite 320 San Diego, California 92123 www.woodardcurran.com T 800.426.4262 T 858.875.7400 Via Electronic Mail July 1, 2020 Stephen Kash Senior Engineer City of Carlsbad Public Works 5950 El Camino Real Carlsbad, CA 92008 Stephen.Kash@carlsbadca.gov Re: Proposal for Carlsbad Municipal Water District’s 2020 Urban Water Management Plan Dear Mr. Kash: Thank you for the opportunity to submit this letter proposal to Carlsbad Municipal Water District (CMWD) to prepare CMWD’s 2020 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 5 years. The 2020 UMWP will provide information about CMWD’s actual and projected water demands and supplies through 2045. Woodard & Curran has an extensive resume of developing UWMPs that meet State requirements for agencies throughout California. Locally, our team has been involved with preparation of seven UWMPs during the previous 2015 UWMP cycle, including for CMWD. Recently, Woodard & Curran was awarded a contract with San Diego County Water Authority (Water Authority), the region’s wholesaler, to support their 2020 UWMP. As part of this role, our team will be involved with coordination with the Water Authority’s staff in developing regional demand and supply projections, and will have a deep understanding of the regional water reliability context. Our experience preparing UWMPs, including CMWD’s 2015 UWMP, along with our support role for the Water Authority’s 2020 UWMP, gives us the knowledge and expertise to successfully support CMWD in the 2020 cycle. SCOPE OF WORK Woodard & Curran will work with CMWD staff to prepare a 2020 UWMP that meets all requirements established in DWR’s 2020 UWMP Guidebook (yet unreleased). Although not confirmed, we understand the State is planning to release the Draft Guidebook in August 2020 and the Final Guidebook in November 2020. This Scope of Work assumes a Draft Guidebook will be available in mid-August 2020. We also assume the project will kick off before the 2020 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. To the extent practicable, Woodard & Curran will strive to adjust 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, CMWD staff may be required to support development of some sections. This Scope of Work assumes that CMWD will provide updated UWMP tables and supporting data, along with a redlined 2015 UWMP with updates, as a starting point for the 2020 update. Tables that require data developed during the analyses described in this Scope of Work will be completed by Woodard & Curran. DocuSign Envelope ID: 272D649E-0FFC-413D-90CA-5E8F8E0E1D68 Carlsbad Municipal Water District 2 Woodard & Curran, Inc. 2020 UWMP Proposal July 1, 2020 Task 1: Background Review and Kickoff Woodard & Curran will review pertinent documents and prepare a data request for the 2020 UWMP and provide the 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 is anticipated to include, but is not limited to: Water production by supply source from 2016-2020; Customer use data for 2016-2020, including monthly demands for 2020, by customer class; Number of customer accounts by customer type; Number of Section 8 households (single family homes, multi-family homes, and number of units); AWWA Water Loss Audits (2016-2019); Description and status of implementation for conservation measures; and GIS shapefiles of CMWD’s service area (if different from 2015 UWMP) and potable, recycled, and wastewater systems. Woodard & Curran will prepare an annotated outline (sections and sub-sections) for the 2020 UWMP identifying anticipated updates from the 2015 UWMP. A Kick-off meeting will be held via conference call to review the project schedule, outline, and data needs. Following the Draft 2020 UWMP Guidebook release (anticipated August 2020), Woodard & Curran will prepare a second table of additional data needs, if necessary. Additional data requests may be made as needed throughout document development. Task 1 Deliverables: Preliminary / secondary data request Annotated UWMP outline Agenda and Notes for Kickoff Meeting Task 2: Demand and Supply Analysis Subtask 2.1 System Description and Demands Woodard & Curran will update the System Description, System Demands, and Baselines and Targets portions of the 2020 UWMP. Woodard & Curran will update CMWD’s system description in terms of its current and projected population, climate, housing density, development, income levels, etc. as required by DWR’s 2020 Guidebook. Woodard & Curran will update the System Water Use chapter to reflect historical water use by sector, including monthly demands for 2020 and water loss. The System Water Use chapter will also include demand projections that incorporate population projections and land use data. We assume that existing demand data will be provided by CMWD, and demand projections will be based on CMWD’s population projections currently being developed by Woodard & Curran under a separate contract (Woodard & Curran Project #0011689.00). The updated demand forecast will reflect water demand (including water losses), in five-year increments, through 2045 with and without additional conservation. Woodard & Curran will verify the projection demands from CMWD with those provided by the Water Authority. SB x7-7 requires an evaluation of baseline per capita water use and compliance with 2020 urban per capita water use targets. Woodard & Curran will confirm CMWD’s per capita water use in gallons per capita per day (GPCD) and demand projections for a 25-year timeframe (2020 through 2045) based on DocuSign Envelope ID: 272D649E-0FFC-413D-90CA-5E8F8E0E1D68 Carlsbad Municipal Water District 3 Woodard & Curran, Inc. 2020 UWMP Proposal July 1, 2020 the refined population values and water use. Woodard & Curran will develop narrative explaining CMWD’s compliance with the 2020 target. Woodard & Curran will provide a draft version of the System Description, System Water Use, and Baselines and Targets Chapters for CMWD review. A revised version that incorporates CMWD comments will be included in the Administrative Draft UWMP under Subtask 3.1, below. Subtask 2.1 Deliverables: Draft System Description Chapter Draft System Water Use Chapter Draft Baselines and Targets Chapter Subtask 2.2 System Supplies Woodard & Curran will update 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 multiple dry years), and a supply and demand assessment for the normal year, single dry year, and 5-year multiple dry years. 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 3.1, below. Subtask 2.2 Deliverables: Draft Water Supplies Chapter Draft Water Supply Reliability Chapter Subtask 2.3: Water Shortage Contingency Planning and Demand Management Measures Woodard & Curran will update the Water Shortage Contingency Planning and Demand Management Measures chapters. Woodard & Curran will work with CMWD to update current programs, changes that were made to conservation tiers based on changes to the California Water Code (under AB 1668 and SB 606) since the 2015 UWMP. Woodard & Curran will prepare the new UWMP section covering Drought Risk Assessment, pursuant to SB 606. The Drought Risk Assessment will examine the water shortage risks for a drought lasting a consecutive five years and its risk to a CMWD supply shortage. Woodard & Curran will work with CMWD to update the CMWD Water Shortage Stages from the existing four levels to a minimum of six (6) Drought Response Stages of Action, as required by SB 606. To characterize the specific prohibitions, consumption reduction actions, and penalties, Woodard & Curran will identify the actions that are being taken to comply with mandatory conservation requirements. For catastrophic interruptions and minimum supply, Woodard & Curran will use information from the Water Authority and the Metropolitan Water District of Southern California. The assessment will address future water supplies which could meet potential shortfalls. DocuSign Envelope ID: 272D649E-0FFC-413D-90CA-5E8F8E0E1D68 Carlsbad Municipal Water District 4 Woodard & Curran, Inc. 2020 UWMP Proposal July 1, 2020 Woodard & Curran will update the description of Demand Management Measures (DMMs) to reflect recent conservation efforts and planned future DMM projects. Woodard & Curran will revise the section to address the requirements of the 2020 Guidebook, which needs to reflect conservation efforts undertaken in the last 5 years and planned for implementation to meet new indoor- and outdoor-water use efficiency standards. Woodard & Curran will work with CMWD to quantify the potential water savings from each DMM and forecast the timing of each DMM savings. Woodard & Curran will provide a draft version of Water Shortage Contingency Planning and Demand Management Measures chapters for CMWD review. A revised version of these chapters that incorporates CMWD comments will be included in the Administrative Draft UWMP under Subtask 3.1, below. Subtask 2.3 Deliverables: Draft Water Shortage Contingency Planning Chapter Draft Demand Management Measures Chapter Subtask 2.4: Climate Change and Water-Energy Woodard & Curran will prepare a Climate Change and Water-Energy chapter for the UWMP. DWR guidance will be used to quantify the impact of climate change and weather normalization on CMWD’s supplies. This Scope assumes that CMWD will provide energy intensity of its conveyance, storage, and distribution systems. Woodard & Curran will provide a draft version of this chapter for CMWD review. A revised version with that incorporated CMWD comments will be included in the Administrative Draft UWMP under Subtask 3.1, below. Subtask 2.4 Deliverables: Draft UWMP Climate Change and Water-Energy Chapter Task 3: Prepare and Submit 2020 UWMP Subtask 3.1: Administrative Draft UWMP Woodard & Curran assumes that each of the above chapters in Task 2 will be completed and reviewed independently as data becomes available from CMWD. Following the completion of deliverables from Task 2, we will produce a complete Administrative Draft 2020 UWMP for CMWD review that incorporates comments received on the draft chapters under Subtasks 2.1 through 2.4, above. All requirements for a 2020 UWMP will be identified on DWR-approved checklists, for CMWD review. Woodard & Curran will submit the Administrative Draft in electronic (MSWord) format for CMWD review, along with the completed data tables required for submittal to DWR in electronic (MSExcel) format. This scope assumes CMWD comments will be provided within 3 weeks. The compiled Administrative Draft will include all UWMP sections and associated appendices required by the 2020 Guidebook. Should DWR delay the release of the Final 2020 Guidebook until after the Administrative Draft is due to CMWD, the Administrative Draft Guidebook will be consistent with the requirements of the Draft 2020 Guidebook. Because CMWD uses a calendar year timeframe for its UWMP, some final 2020 demand and supply data may not be available at the time of the Administrative Draft. Woodard & Curran will work with the available data for the Administrative Draft and note in the document those areas that will be updated pending availability of final data. DocuSign Envelope ID: 272D649E-0FFC-413D-90CA-5E8F8E0E1D68 Carlsbad Municipal Water District 5 Woodard & Curran, Inc. 2020 UWMP Proposal July 1, 2020 Woodard & Curran will provide the Administrative Draft UWMP to CMWD electronically. Following CMWD review, Woodard & Curran will conduct one conference call with CMWD staff to discuss CMWD comments on the Administrative Draft. Subtask 3.1 Deliverables: Administrative Draft UWMP and appendices DWR-approved checklists Completed MSExcel data tables required for submittal to DWR Agenda and Notes for call on Administrative Draft UWMP comments Subtask 3.2: Public Draft UWMP Following CMWD review of the Administrative Draft 2020 UWMP, Woodard & Curran will incorporate CMWD comments and produce a complete Public Draft 2020 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. Woodard & Curran will also support CMWD in presenting the UWMP to the CMWD Board of Directors and public on the contents of the 2020 UWMP. This scope assumes Woodard & Curran will prepare a presentation, along with required notices. This scope assumes that CMWD would be responsible for any newspaper notice fees and presenting to the Board of Directors. At the request of CMWD, Woodard & Curran staff can attend the Board of Directors meeting addressing the UWMP. Subtask 3.2 Deliverables: Public Draft UWMP Completed MSExcel data tables required for submittal to DWR Draft and Final presentation for Board of Directors meeting and public hearing Subtask 3.3: Final UWMP Following public review on the Public Draft 2020 UWMP, Woodard & Curran will incorporate comments and produce a Final 2020 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 2020 Guidebook), no later than July 1, 2021. Subtask 3.3 Deliverables: Agenda and Notes for call on public hearing comments Final 2020 UWMP and supporting documentation (PDF, MSWord, MSExcel) Task 4: Project Management and Coordination Task 4 includes project management and coordination activities for the course of the project. In addition to the Kickoff meeting held under Task 1, above, Woodard & Curran will conduct monthly progress meetings via conference call between our Project Manager and CMWD’s team. Monthly progress meetings will generally address the project schedule, new or outstanding data requests, and questions or comments on the sections under development. DocuSign Envelope ID: 272D649E-0FFC-413D-90CA-5E8F8E0E1D68 Carlsbad Municipal Water District 6 Woodard & Curran, Inc. 2020 UWMP Proposal July 1, 2020 Woodard & Curran will also assist CMWD to coordinate with Water Authority to reconcile projected populations, demands, and supplies, as needed, and to ensure that CMWD’s 2020 UWMP is compatible with the regional planning effort. Woodard & Curran will provide general project management functions, including preparing and maintaining budgets, submitting monthly invoices and progress reports, and conducting quality assurance. Task 4 Deliverables: Agenda and Notes for Monthly progress meetings Invoices and progress reports SCHEDULE Woodard & Curran proposes to complete the 2020 UWMP from July 2020 through July 2021. The anticipated schedule for major activities are included below. Major Activity Anticipated Schedule Kick off, Data Collection and Review July 2020 Draft 2020 UWMP Guidebook available August 2020 Demand and Supply Analysis August - November 2020 Final 2020 UWMP Guidebook available November 2020 (tentative) Administrative Draft UWMP January 2020 SDCWA Draft 2020 UWMP available for review Early January 2021 Public Draft UWMP Late February 2021 Public Review Period April 2021 Final UWMP May 2021 UWMP Adoption June 2021 UWMP due to DWR and CMWD July 1, 2021 (target 6/15/21) BUDGET Woodard & Curran proposed to complete this Task Order for an amount not-to-exceed $34,995 (see Attachment A: Proposed Fee Estimate attached). The cost for Woodard & Curran’s work will be on a time-and-materials basis. We greatly appreciate this opportunity to work with CMWD in achieving your goals. Please feel free to call me at (858) 875-7420 if you have any questions regarding our proposal or require any further information. Sincerely, WOODARD & CURRAN Rosalyn Prickett, AICP Senior Water Resources Planner Principal DocuSign Envelope ID: 272D649E-0FFC-413D-90CA-5E8F8E0E1D68 Proposed Fee EstimateCarlsbad Municipal Water DistrictRevised July 1, 20202020 Urban Water Management Plan TasksLaborTotalRosalyn PrickettSally JohnsonHaley JohnsonNicole PolettoJen SindermannPrincipal QA/QCProject ManagerProject PlannerProjet Assistant$282 $221 $221 $187 $1102020 Urban Water Management PlanTask 1: Background Review and Kickoff1.Background and Kickoff1449 $1,914$0 $1,914Subtotal Task 1:104409 $1,914 $0 $0 $1,914Task 2: Demand and Supply Analysis2.1 System Description and Demands12811 $2,159$0 $2,1592.2 System Supplies161219 $3,791$0 $3,7912.3 Water Shortage Contingency Planning and Demand Mangement Measures161623 $4,539$0 $4,5392.4 Climate Change and Water-Energy1269 $1,785$0 $1,785Subtotal Task 2:041642062 $12,274 $0 $0 $12,274Task 3: Prepare and Submit 2020 UWMP3.1 Administrative Draft UWMP56101839 $8,312$0 $8,3123.2 Public Draft UWMP2261020 $4,202$0 $4,2023.3 Final UWMP114410$2,135 $0$2,135Subtotal Task 3:892032069 $14,649 $0 $0 $14,649Task 4: Project Management and Coordination4.Project Management and Coordination221566.5 31.5 $6,158$0 $6,158Subtotal Task 4:221566.5 31.5 $6,158 $0 $0 $6,158TOTAL 111555846.5 171.5 $34,995 $0 $0 $34,9951.The individual hourly rates include salary, overhead and profit.2.Other direct costs (ODCs) such as reproduction, delivery, mileage (rates will be those allowed by current IRS guidelines), and travel expenses, will be billed at actual cost plus 10%.Total Fee (3)ODCs Total HoursTotal Labor CostsODCsTotal ODCs (2)Attachment ADocuSign Envelope ID: 272D649E-0FFC-413D-90CA-5E8F8E0E1D68 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 2/21/2020 (617) 328-6555 (617) 328-6888 20443 Woodard & Curran, Inc. 2175 N. California Blvd., Suite 315 Walnut Creek, CA 94596 35289 20494 A 1,000,000 X X 6014561812 2/23/2020 2/23/2021 500,000 15,000 1,000,000 2,000,000 2,000,000 1,000,000A 6014561843 2/23/2020 2/23/2021 2,000,000B 6014561826 2/23/2020 2/23/2021 2,000,000 0 C X WC676061276 2/23/2020 2/23/2021 1,000,000 N 1,000,000 1,000,000 A Professional Liab 114135520 2/23/2020 Per Claim/Aggregate 1,000,000 A Pollution Liab 114135520 2/23/2020 2/23/2021 1,000,000 If AI box is checked, GL Endorsement Form# CNA75079XX, Auto Endt Form# SCA23500D to the extent provided therein applies and all coverages are in accordance with the policy terms and conditions. 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 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668- ECM # 35050 New York, NY 10163 WOOD&CU-01 CMURPHY Ames & Gough 859 Willard Street Suite 320 Quincy, MA 02169 boston@amesgough.com Continental Casualty Company (CNA) A, XV Continental Insurance Company A(XV) Transportation Insurance Company A(XV) X 2/23/2021 X X X X X X X X Blanket Additional Insured - Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I.WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are requiredby written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A.in the performance of your ongoing operations subject to such written contract; or B.in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2.this coverage part provides such coverage. II.But if the written contract requires: A.additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the10-01 edition of CG2037; or B.additional insured coverage with "arising out of' language; or C.additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part. but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. Ill. Subject always to the terms and conditions of this policy, including the limits of insurance. the Insurer will not provide such additional insured with: A.coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV.The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1.the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2.supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on anotherendorsement attached to this coverage part. V.Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in thiscoverage part: Primary and Noncontributory Insurance CNA75079XX (10-16) Policy No: Insurance Carrier Writing Company Insured Name: Page 1 of2 Effective Date: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its pem,ission. Blanket Additional Insured -Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1.primary and non-contributing with other insurance available to the additional insured; or 2.primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI.Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERALLIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1.give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2.send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in theinvestigation, defense, or settlement of the claim; and 3.make available any other insurance, and tender the defense and indemnity of any claim to any other insureror self-insurer, whose policy or program applles to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3.does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII.Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B.was executed prior to: 1.the bodily injury or property damage; or 2.the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and exoires concurrentlv with said Policv. CNA75079:XX (10-16) Policy No: Insurance Carrier Writing Company Insured Name: Page 2 of2 Effective Date: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Workers Compensation And Employers Liability Insurance Policy Endorsement BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers’ Compensation Insurance G. Recovery From Others and Part Two - Employers’ Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Endorsement No: 4; Page: 1 of 1 Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 Form No: G-19160-B (11-1997) Endorsement Effective Date: Policy No: WC 6 76061276 Policy Effective Date: 02/23/20 Policy Page: 35 of 55 Endorsement Expiration Date: © Copyright CNA All Rights Reserved.