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Woodard & Curran Inc; 2023-01-03; PSA23-2046UTIL
PSA23-2046UTIL General Counsel Approved Version 8/2/2022 1 AGREEMENT FOR WATER USE EFFICIENCY REGULATORY SUPPORT SERVICES WOODARD & CURRAN, INC. THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 20___, 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 insupport in developing water use efficiency objectives and variances services. B.Contractor has the necessary experience in providing these professional services and advice related to State Water Resources Control Board and California Department of Water Resources efforts to implement AB1668 and SB505. C.Contractor has submitted a proposal to CMWD and has affirmed its willingnessand 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 WORKCMWD 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 PERFORMANCEWhile performing the Services, Contractor will exercise the reasonable professional care and skillcustomarily exercised by reputable members of Contractor's profession practicing in theMetropolitan Southern California Area and will use reasonable diligence and best judgment whileexercising its professional skill and expertise. 3.TERMThe term of this Agreement will be effective for a period of one (1) year from the date first abovewritten. The Executive Manager may amend the Agreement to extend it for one (1) additional one (1)year periods or parts thereof. Extensions will be based upon a satisfactory review ofContractor's performance, CMWD needs, and appropriation of funds by the CMWD Board ofDirectors. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4.TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5.COMPENSATIONThe total fee payable for the Services to be performed during the initial Agreement term will bethirty-nine thousand, nine hundred, seventeen dollars ($39,917). No other compensation for theServices 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 thirty-nine thousand, ninehundred, eighteen dollars ($39,918) per Agreement year. CMWD reserves the right to withholda ten percent (10%) retention until CMWD has accepted the work and/or Services specified inExhibit "A." DocuSign Envelope ID: 211FFF37-5CF5-4B67-A260-4557544EC673 January 23 3rd PSA23-2046UTIL General Counsel Approved Version 8/2/2022 2 Incremental payments, if applicable, should be made as outlined in attached Exhibit "A." 6.STATUS OF CONTRACTORContractor 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 willbe under control of CMWD only as to the result to be accomplished but will consult with CMWDas necessary. The persons used by Contractor to provide services under this Agreement will notbe 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 ofCMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible toCMWD 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 personsdirectly employed by Contractor. Nothing contained in this Agreement will create any contractualrelationship between any subcontractor of Contractor and CMWD. Contractor will be responsiblefor payment of subcontractors. Contractor will bind every subcontractor and every subcontractorof a subcontractor by the terms of this Agreement applicable to Contractor's work unlessspecifically noted to the contrary in the subcontract and approved in writing by CMWD. 8.OTHER CONTRACTORSCMWD 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 expensesincluding attorney’s fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyonedirectly 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 allamendments, insurance against claims for injuries to persons or damage to property which mayarise out of or in connection with performance of the services by Contractor or Contractor’sagents, representatives, employees or subcontractors. The insurance will be obtained from an DocuSign Envelope ID: 211FFF37-5CF5-4B67-A260-4557544EC673 PSA23-2046UTIL General Counsel Approved Version 8/2/2022 3 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. 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. DocuSign Envelope ID: 211FFF37-5CF5-4B67-A260-4557544EC673 PSA23-2046UTIL General Counsel Approved Version 8/2/2022 4 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. 10.5 Submission of Insurance Policies. CMWD reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11.BUSINESS LICENSEContractor will obtain and maintain a City of Carlsbad Business License for the term of theAgreement, as may be amended from time-to-time. 12.ACCOUNTING RECORDSContractor will maintain complete and accurate records with respect to costs incurred under thisAgreement. All records will be clearly identifiable. Contractor will allow a representative of CMWDduring normal business hours to examine, audit, and make transcripts or copies of records andany 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 DOCUMENTSAll work product produced by Contractor or its agents, employees, and subcontractors pursuantto 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 thisAgreement will be delivered at once to CMWD. Contractor will have the right to make one (1) copyof the work product for Contractor’s records. 14.COPYRIGHTSContractor agrees that all copyrights that arise from the services will be vested in CMWD andContractor relinquishes all claims to the copyrights in favor of CMWD. 15.NOTICESThe name of the persons who are authorized to give written notices or to receive written noticeon behalf of CMWD and on behalf of Contractor under this Agreement. For CMWD For Contractor Name Shoshana Aguilar Name Haley Johnson Title Senior Management Analyst Title 9665 Chesapeake Dr., Ste. 320 Carlsbad Municipal Water District Address 9665 Chesapeake Dr., Ste. 320 Address 5950 El Camino Real San Diego, CA 92123 Carlsbad, CA 92008 Phone 800-426-4262 Phone 760-814-0241 E-mail hjohnson@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. DocuSign Envelope ID: 211FFF37-5CF5-4B67-A260-4557544EC673 PSA23-2046UTIL General Counsel Approved Version 8/2/2022 5 16.CONFLICT OF INTERESTContractor shall file a Conflict of Interest Statement with the City Clerk in accordance with therequirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes ☐ No ☒ 17.GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulationswhich in any manner affect those employed by Contractor, or in any way affect the performanceof 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 serviceswith 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 PROHIBITEDContractor will comply with all applicable local, state and federal laws and regulations prohibitingdiscrimination and harassment. 19.DISPUTE RESOLUTIONIf 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 agreementbetween the parties. Representatives of Contractor or CMWD will reduce such questions, andtheir 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 toboth parties. The representative receiving the letter will reply to the letter along with arecommended 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 theExecutive Manager. The Executive Manager will consider the facts and solutions recommendedby each party and may then opt to direct a solution to the problem. In such cases, the action ofthe Executive Manager will be binding upon the parties involved, although nothing in thisprocedure will prohibit the parties from seeking remedies available to them at law. 20.TERMINATIONIn the event of the Contractor's failure to prosecute, deliver, or perform the Services, City mayterminate this Agreement for nonperformance by notifying Contractor by certified mail of thetermination. If City decides to abandon or indefinitely postpone the work or services contemplatedby this Agreement, City may terminate this Agreement upon written notice to Contractor. Uponnotification of termination, Contractor has five (5) business days to deliver any documents ownedby City and all work in progress to City address contained in this Agreement. City will make adetermination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreementcompleted. Based upon that finding City will determine the final payment of the Agreement. DocuSign Envelope ID: 211FFF37-5CF5-4B67-A260-4557544EC673 PSA23-2046UTIL General Counsel Approved Version 8/2/2022 6 City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering 44897 (44897) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. 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. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, CMWD will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD must be asserted as part of the agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to CMWD, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If CMWD seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for CMWD to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon CMWD and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of CMWD, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. DocuSign Envelope ID: 211FFF37-5CF5-4B67-A260-4557544EC673 PSA23-2046UTIL General Counsel Approved Version 8/2/2022 7 26.AUTHORITYThe 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 authorityto bind Contractor to the terms and conditions of this Agreement. CONTRACTOR WOODARD & CURRAN, INC., a Maine corporation By: CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By: (sign here) Vicki Quiram, General Manager, as authorized by the Executive Manager Elisha Back, Senior Client Manager (print name/title) By: (sign here) (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:_____________________________ General Counsel DocuSign Envelope ID: 211FFF37-5CF5-4B67-A260-4557544EC673 £Lis6 fmi: 9665 Chesapeake Drive Suite 320 San Diego, California 92123 www.woodardcurran.com T 800.426.4262 T 858.875.7400 Via Electronic Mail November 29, 2022 Shoshana Aguilar Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, CA 92008 760-814-0241 Shoshana.Aguilar@carlsbadca.gov Re: Support for Water Use Efficiency Requirements and Variances Dear Ms. Aguilar: Thank you for the opportunity to submit this letter proposal to the Carlsbad Municipal Water District (CMWD) to support in developing water use efficiency (WUE) objectives and variances as established by the State Water Resources Control Board (SWRCB) in coordination with the California Department of Water Resources (DWR). Assembly Bill (AB) 1668 and Senate Bill (SB) 606, passed in 2018, established a new framework for long-term improvements in urban WUE and drought planning to make water conservation a way of life in California. The legislation requires that long-term urban WUE standards be set so that urban retail water suppliers’ urban water use objectives, together with other water uses excluded from the long-term standards, would exceed the statewide 2020 water conservation targets required pursuant to SB X7-7. Woodard & Curran understands and has been closely tracking SWRCB and DWR’s efforts to implement AB 1668 and SB 606 and supporting agencies throughout the state in complying with WUE requirements and variances. Furthermore, Woodard & Curran supported CMWD in developing its Urban Water Management Plan, both in 2016 and 2021, as well as its Annual Water Supply and Demand Assessment in 2022. Our team is therefore well-acquainted with CMWD’s water demand and supply portfolio and is well-positioned to assist CMWD in establishing new water use objectives and variances. Scope of Work Our scope for this effort involves reviewing the established water use objectives with respect to CMWD’s water demand profile and evaluating the proposed standards for efficient water use (urban water use objective) that apply to CMWD, which are comprised of residential indoor water use, residential outdoor water use, commercial, industrial, and institutional (CII) outdoor use, water loss, and variance(s). The scope also includes preparation of the First Annual Report, which includes reporting on progress made in the first year for the CII Performance Measures, in addition the Urban Water Use Objective. Task 1: Data Collection and Project Management Woodard & Curran will conduct a kick-off call with CMWD to confirm goals of the analysis and approach. Woodard & Curran will prepare a data request via email to collect available data to EXHIBIT A DocuSign Envelope ID: 211FFF37-5CF5-4B67-A260-4557544EC673 ~ Woodard &Curran Carlsbad Municipal Water District 2 Woodard & Curran, Inc. Water Use Efficiency Requirements and Variances November 29, 2022 support critically commenting on the WUE regulations (Task 2), and the development of Urban Water Use Objective and variances (Task 3). To meet the deadline, we will incorporate readily available data which has already been collected by CMWD for its 2020 Urban Water Management Plan (UWMP) update or can be otherwise readily obtained, which may include: Population and potable residential water use projections Total number of connections Volume of water supplied by customer class Water demands for recycled water Water loss audits (available publicly from the WUE Data Portal) Water conservation ordinances The data request will, therefore, focus on the following: Landscape area measurements for residential accounts, prepared in support of the comment letter CMWD submitted to DWR on residential landscape area calculations. Calendar year 2022 monthly water supplied by customer class (i.e., water demand data) Timeline of recently implemented water conservation measures One year of hourly water demand data for hotels and all residences (from CMWD’s AMI system), preferably from calendar year 2022 Available data on seasonal tourism numbers Landscape area measurements and/ or estimates for CII and dedicated irrigation accounts currently being analyzed and prepared by NV5/ Eagle Aerial on behalf of CMWD. Calendar year 2022 monthly water demands for dedicated irrigation accounts (specifically for those not measured for landscape area in bullet above) Task 1 Deliverables: Data request and tracking system Notes from kick-off call Task 1 Assumptions: CMWD will provide available data within 2 weeks of request. Task 2: Tracking WUE Standards and Regulations The SWRCB, in coordination with DWR, has been in the process of implementing AB 1668 and SB 606. As of October 28, 2022, DWR has transmitted to SWRCB recommendations for all urban DocuSign Envelope ID: 211FFF37-5CF5-4B67-A260-4557544EC673 ~ Woodard &Curran Carlsbad Municipal Water District 3 Woodard & Curran, Inc. Water Use Efficiency Requirements and Variances November 29, 2022 water use objective categories, including variances, as well as CII performance measures.1 The first annual report to DWR on urban water use objectives, actual urban water use, implementation of CII water use performance measures, and progress towards meeting the urban water use objective by January 1, 2027, is due to DWR January 1, 2024.2 The supplement to CMWD’s 2020 UWMP on implementation of demand management measures to achieve the urban water use objective is due to DWR by the same date, January 1, 2024.3 Woodard & Curran will track and review the State rulemaking process on behalf of CMWD, and provide recommendations on steps CMWD needs to take to comply with the rules and anticipate future deadlines. Woodard & Curran will focus on State guidance on applicable allowances for water loss, and seasonal population variances, which are relevant to CMWD. Work may include attending workshops hosted by DWR, SWRCB, or other state agencies; and conducting data review and analysis, such as projections of estimated water use objectives. Woodard & Curran will develop a roadmap that summarizes CMWD’s water use objective components and compliance schedule. As SWRCB and DWR continue the WUE-related rulemaking process, Woodard & Curran will provide CMWD with summaries in bullet-point format regarding the implications for CMWD of the regulations, which CMWD can use to prepare comment letters for submittal to SWRCB and DWR. Bullet-point format summaries may include supporting calculations to request changes to default values in the SWRCB and DWR models, such as the SWRCB Economic Model for water loss. Task 2 Deliverables: WUE Compliance Roadmap (MS Project and PDF format) Quarterly to monthly (as appropriate, in pace with workshops and updates as they are released from State agencies) bullet-point format summary of proposed WUE standards and regulations with timeline to plan for future WUE-related enforcement deadlines (MS Word or PDF format, estimated at approximately 6 summaries) Attendance at six (6) meeting(s) to discuss WUE regulations (assumed one hour each) Task 2 Assumptions: CMWD will prepare and submit the comment letters to the state agencies 1 See: https://water.ca.gov/Programs/Water-Use-And-Efficiency/2018-Water-Conservation- Legislation/Urban-Water-Use-Efficiency-Standards-Variances-and-Performance-Measures 2 See: https://water.ca.gov/-/media/DWR-Website/Web-Pages/Programs/Water-Use-And- Efficiency/2018-Water-Conservation-Legislation/Performance- Measures/UWUE_STD_VAR_PM_REPORT_WUES-DWR-2021-01A_COMPLETE.pdf 3 See: www.waterboards.ca.gov/water_issues/programs/conservation_portal/california_statutes DocuSign Envelope ID: 211FFF37-5CF5-4B67-A260-4557544EC673 ~ Woodard &Curran Carlsbad Municipal Water District 4 Woodard & Curran, Inc. Water Use Efficiency Requirements and Variances November 29, 2022 Task 3: Calculate Water Use Objective To determine CMWD’s urban water use objective, the residential indoor, residential outdoor, CII outdoor, water loss, and variance standards must be calculated and added together. Woodard & Curran acknowledges that, although the water use objective calculation includes a bonus incentive for potable water reuse, this does not apply to CMWD. To date, SWRCB and DWR released the recommended residential indoor standards in November 2021, the draft recommended residential outdoor standards in November 2021, and recommended water loss standards in August 2022. DWR transmitted a full set of reports detailing all recommendations for calculating Urban Water Use Objectives to the SWRCB on October 28, 20224 and are awaiting SWRCB approval. Woodard & Curran understands that CMWD requires minimal assistance with its residential indoor and outdoor standards, as well as its water loss standard. 3a. Seasonal Tourism Variance Of concern to CMWD is applying for the water use objective variance for CMWD’s seasonal tourism use. Woodard & Curran will prepare a technical memorandum that summarizes the DWR recommendation report on this variance category, and calculates a CMWD seasonal tourism variance. The technical memorandum will be based on information gathered under Task 1. Woodard & Curran will analyze hourly consumption data from CMWD’s AMI system for hotels and residences in order to derive a factor that estimates the change in water use due to seasonal tourism. Climate data, as well as existing spatial (aerial imagery) analysis of irrigated area served by each meter, will be used to control for the effects of irrigation on hourly water use through the year. Using the same method as DWR’s indoor residential water use study, Woodard & Curran will disaggregate indoor from outdoor use for residential meters. The changes in the indoor component for both hotels and residences will be used to estimate the number of occupants and number of days with occupants. Woodard & Curran will also screen for potential leaks in the hourly demand dataset in an attempt to control for the impact of leak volumes on the analysis. To corroborate the technical analysis of seasonal water use at residential rentals (i.e., Airbnbs, VRBOs), historical data on registered rentals, tourism taxes, and vacancy rates would be requested from the Carlsbad Visitors Center. 3b. Urban Water Use Objective Woodard & Curran will calculate CMWD’s urban water use objective, in conjunction with tracking the recommendation-making process under Task 2. This is anticipated to include the following calculations for each of the water use objective categories, as described in more detail by DWR’s guidance recommendations: Residential Indoor: Multiply CMWD baseline population served by 55 gpcd. In addition, compare using potential future 2025 requirement of 47 gpcd. 4 See: https://water.ca.gov/Programs/Water-Use-And-Efficiency/2018-Water-Conservation- Legislation/Urban-Water-Use-Efficiency-Standards-Variances-and-Performance-Measures. DocuSign Envelope ID: 211FFF37-5CF5-4B67-A260-4557544EC673 ~ Woodard &Curran Carlsbad Municipal Water District 5 Woodard & Curran, Inc. Water Use Efficiency Requirements and Variances November 29, 2022 Residential Outdoor: Enter square feet of irrigable landscape areas (provided by DWR Landscape Area Measurement program or other data source provided by CMWD [see Task 1]) into the recommended formula provided by DWR, referencing appropriate local climate factors. CII Outdoor: Enter square feet of irrigable landscape areas (provided by CMWD via NV5/Eagle Aerial as available) into the recommended formula provided by DWR, referencing appropriate local climate factors. Add in actual water consumption for remaining dedicated irrigation accounts not yet measured for landscape area. Water Loss: Multiply number of service connections by CMWD’s water loss standard (provided by CMWD from historical AWWA water loss audits). Significant Fluctuations in Seasonal Populations Variance (from Task 3a): Multiply Number of Identified Units with Seasonal Population by the Occupancy Rate and 55 gpcd (also will be compared using potential future 2025 requirement of 47 gpcd). Task 3 Deliverables: Seasonal tourism variance TM CMWD’s urban water use objective (Excel format) Task 3 Assumptions: CMWD to provide calendar year 2022 hourly water consumption data (from AMI) for meters serving hotels and residences (see Task 1) CMWD (likely via NV5/Eagle Aerial) to provide an estimate of irrigated area (sq feet) associated with each CII and residential meter, including CII dedicated irrigation meters (see Task 1) The method to screen for potential leaks in the hotel AMI dataset analysis will be based on recent CII leak notification work performed for San Francisco Public Utilities Commission. Vacancy rates at residences rented through Airbnb and VRBO can be obtained from the Carlsbad tourism bureau For CII Outdoor water use objective, CMWD will identify acreage of special landscape areas (SLA),5 if applicable. CMWD will, if applicable, also provide the aggregate maximum applied water allowance for new and rehabilitated CII landscapes from 2020 and onward, which are 5 SLAs are defined by DWR in the draft WUE regulations as: "An area of the landscape dedicated solely to edible plants, areas irrigated with recycled water, water features using recycled water and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface, as defined in California Code of Regulations, Title 23, Section 491(iii)”. Categorizing some CII outdoor landscape square footage as SLAs provides a higher water use allowance in calculation of the objective. DocuSign Envelope ID: 211FFF37-5CF5-4B67-A260-4557544EC673 ~ Woodard &Curran Carlsbad Municipal Water District 6 Woodard & Curran, Inc. Water Use Efficiency Requirements and Variances November 29, 2022 subject to different requirements from landscapes built pre-2020. Task 4: First Annual Progress Report By January 1, 2024 urban retail water suppliers, including CMWD, must submit the first annual progress report to DWR, covering the period 1/1/2022-12/31/2022 (calendar year) or 7/1/2022- 6/31/2023 (fiscal year). This scope of work assumes CMWD will be reporting by calendar year. As required by DWR, the first annual report will present: CMWD’s urban water use objective, as calculated under Task 3, including the supporting information necessary for the Significant Fluctuations in Seasonal Populations Variance Its actual urban water demand, which CMWD has been collecting and will provide to Woodard & Curran under Task 1 A description of the progress made towards meeting CMWD’s urban water use objective Documentation of the implementation of CII performance measures for year 1 (2022), which are expected to include: o 20% of CII water users mapped to classification system o Start implementing education & outreach BMPs to all CII water users on new performance measure requirements o 20% of all CII water user parcels reviewed for irrigated landscape area meeting the meter conversion threshold and selecting a compliance option o Complete In-Lieu Technologies Implementation plan (related to bullet above) The validated water loss audit report (to be provided by CMWD) Woodard & Curran understands CMWD’s concerns surrounding the first annual progress report that, although changes are possible with future reports, the first report will largely solidify CMWD’s urban water use objective. For residential demand, CMWD expects the potential future 2025 standard of 47 gpcd to be achievable, but the first progress report will focus on ways to achieve a lower, 42 gpcd objective. The first progress report will closely follow the DWR recommendation reports. Task 4 Deliverables: Draft Annual Progress report Final Annual Progress report Task 4 Assumptions: First Annual Report will cover the period 1/1/2022-12/31/2022 (calendar year, as opposed to fiscal year). CMWD will provide information necessary for Woodard & Curran to include description of CII water user classification system progress in the Annual Progress Report. Woodard & Curran will not be assisting with the actual process to classify CII water users. CMWD is coordinating separately with NV5/Eagle Aerial on identification of irrigable area for CII (non-dedicated irrigation) accounts and will provide necessary information DocuSign Envelope ID: 211FFF37-5CF5-4B67-A260-4557544EC673 ~ Woodard &Curran Carlsbad Municipal Water District 7 Woodard & Curran, Inc. Water Use Efficiency Requirements and Variances November 29, 2022 for Woodard & Curran to include description in the Annual Progress Report of the related meter conversion threshold and in-lieu technologies implementation performance measures. Woodard & Curran will not be assisting with completion of these performance measures. Schedule Assuming notice to proceed on or about December 15, 2022, Woodard & Curran proposes to complete Task 1 of the scope of work in 2 weeks. Tasks 2 and 4 would be conducted between January and December, 2023, as appropriate, in pace with updates as they are released from State agencies. Woodard & Curran proposes to complete the first drafts under Task 3 within 12 weeks after receiving data back from CMWD under Task 1. Because Task 3a relies on AMI data collected in calendar year 2022, this task can start no earlier than 1/1/2023. To enable expedited approval of this proposal, Woodard & Curran has divided the work out by fiscal year as follows. The subtasks correspond to Attachment A: Proposed Fee Estimate. FY 2022/23 FY 2023/24 Task Dec ’22 – Mar ‘23 Mar – Jun 2023 July – Sept 2023 Oct – Dec 2023 Task 1a Task 1b Task 1c Task 2a Task 2b Task 3a Task 3b Task 4a Task 4b Woodard & Curran proposes to start work the day the notice to proceed is received or contract is executed, whichever comes first, with the annual budget running through the end of each fiscal year for which CMWD chooses to extend this contract. Should CMWD choose, Woodard & Curran would start work under the next year contract July 1, 2023, with the annual budget running through June 30, 2024. Should CMWD choose to extend this contract it would end no later than June 30, 2024. DocuSign Envelope ID: 211FFF37-5CF5-4B67-A260-4557544EC673 ~ Woodard &Curran Carlsbad Municipal Water District 8 Woodard & Curran, Inc. Water Use Efficiency Requirements and Variances November 29, 2022 Budget Woodard & Curran proposes to provide CMWD with Fiscal Year 2022/23 WUE support for a fee not to exceed $40,000 per year, with the opportunity for up to one 1-year extension, to be billed on a time and materials basis according to our standard rate sheet for a fee. Woodard & Curran proposes to spend $39,917 in Fiscal Year 2022/23, and $39,918 in Fiscal Year 2023/24 in accordance with the fee estimate provided in Attachment A: Proposed Fee Estimate. We are prepared to begin work on this effort immediately upon your authorization to do so. We greatly appreciate this opportunity to work with CMWD in achieving the WUE objectives. Please feel free to call Haley Johnson at (858) 875-7407 if you have any questions regarding our proposal or require any further information. Sincerely, WOODARD & CURRAN, INC. Elisha Back Haley Johnson Senior Client Manager Water Resources Planner DocuSign Envelope ID: 211FFF37-5CF5-4B67-A260-4557544EC673 ~ Woodard &Curran Attachment A Carlsbad Municipal Water District Water Use Efficiency Requirements Support Tasks Total FY 2022/23 FY 2023/24 Elisha Back Haley Johnson Katie Evans Chris Hewes Arthella Vallarta Kyle Matyac Melissa Stine Jen Sindermann Client Manager Project Manager Quality Assurance Technical Lead Planner AMI Data Processing Data Analysis PA $315 $260 $315 $260 $180 $175 $235 $120 Task 1: Data Collection and Project Management 1a. Data Request and Tracking System 2 4 6 12 $2,640 $2,640 $2,640 1b. Kick-off call 1 1 2 2 6 $1,455 $1,455 $1,455 1c. Monthly invoices, progress reports, and coordination 2 12 8 22 $4,710 $4,710 $2,061 $2,649 Subtotal Task 1:2 15 1 6 8 0 0 8 40 $8,805 $8,805 $6,156 $2,649 Task 2: Tracking WUE Standards and Regulations 2a. WUE Roadmap 4 4 6 12 26 $6,020 $6,020 $6,020 2b. Meetings (6), WUE summaries (6)6 4 12 24 46 $10,260 $10,260 $5,130 $5,130 Subtotal Task 2:0 10 8 18 36 0 0 0 72 $16,280 $16,280 $11,150 $5,130 Task 3: Develop Urban Water Use Target 3a. Seasonal tourism variance TM 8 7 16 22 32 85 $19,815 $19,815 $19,815 3b. Urban water use objective (Excel format)6 2 10 20 38 $8,390 $8,390 $2,797 $5,593Subtotal Task 3:0 14 9 26 20 22 32 0 123 $28,205 $28,205 $22,612 $5,593 Task 4: First Annual Progress Report 4a. Draft Annual Progress Report 12 8 24 44 88 $19,800 $19,800 $19,800 4b. Final Annual Progress Report 4 3 10 12 29 $6,745 $6,745 $6,745Subtotal Task 4:0 16 11 34 56 0 0 0 117 $26,545 $26,545 $0 $26,545TOTAL2 55 29 84 120 22 32 8 352 $79,835 $79,835 $39,917 $39,918 Additional Notes: 3. Additional Woodard & Curran staff may perform work on the project, based on our standard billing rate schedule currently in effect. FY Fee FY Fee 11/29/2022 Fee Estimate Total Fee 1. The individual hourly rates include salary, overhead and profit. 2. W&C reserves the right to adjust its hourly rate structure and ODC markup at the beginning of the calendar year for all ongoing contracts. Labor Total Hours Total Labor Costs (1) DocuSign Envelope ID: 211FFF37-5CF5-4B67-A260-4557544EC673 ~ Woodard & Curran ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD 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 2/18/2022 (617) 328-6555 (617) 328-6888 20443 Woodard & Curran, Inc. 2175 N. California Blvd., Suite 315 Walnut Creek, CA 94596 35289 20427 A 1,000,000 X X 6014561812 2/23/2022 2/23/2023 500,000 15,000 1,000,000 2,000,000 2,000,000 1,000,000B 6014561843 2/23/2022 2/23/2023 2,000,000B 6014561826 2/23/2022 2/23/2023 2,000,000 0 C X WC712160450 2/23/2022 2/23/2023 1,000,000 N 1,000,000 1,000,000 A Professional Liab 114135520 2/23/2022 Per Clm 1000000 Agg 1,000,000 A Pollution Liab 114135520 2/23/2022 2/23/2023 Per Clm 1000000 Agg 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 947 Murrieta, CA 92564 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) American Casualty Co of Reading, PA A(XV) X 2/23/2023 X X X X X X X X DocuSign Envelope ID: 211FFF37-5CF5-4B67-A260-4557544EC673 ACORD" I ~ I ~ D □ ~ ~ ~ □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I 1 1 I □ 9oa,,-e.d rn.a.xwe.11 I 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. 02/23/2022 6014561812 DocuSign Envelope ID: 211FFF37-5CF5-4B67-A260-4557544EC673 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. 02/23/2022 6014561812 DocuSign Envelope ID: 211FFF37-5CF5-4B67-A260-4557544EC673 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. Policy No: WC712160450 Policy Effective Date: 02/23/22 Policy Page: 35 of 55 Form No: G-19160-B (11-1997) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 4; Page: 1 of 1 Underwriting Company: American Casualty Company of Reading, PA © Copyright CNA All Rights Reserved. CA WCDocuSign Envelope ID: 211FFF37-5CF5-4B67-A260-4557544EC673 CNA II