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Woodard & Curran Inc; 2024-08-01; PSA24-3459UTIL
PSA24-3459UTIL General Counsel Approved Version 5/22/2024 Page 1 AGREEMENT FOR LONG-RANGE POPULATION AND WATER DEMAND FORECASTING SERVICES WOODARD & CURRAN, INC. THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 2024, by and between the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, California, ("CMWD"), and Woodard & Curran, Inc., a Maine corporation ("Contractor"). RECITALS A. CMWD requires the professional services of a consultant that is experienced in updating long-range population and water demand forecasting. B. Contractor has the necessary experience in providing professional services and advice related to updating long-range population and water demand forecasting. C. Contractor has submitted a proposal to CMWD and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The Executive Manager may amend the Agreement to extend it for two (2) additional year (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, CMWD needs, and appropriation of funds by the CMWD Board of Directors. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed forty-four thousand eight hundred dollars ($44,800). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If CMWD elects to extend the Agreement, the amount shall not exceed forty-four thousand eight hundred dollars ($44,800) per Agreement year. CMWD reserves the right to withhold a ten percent (10%) retention until CMWD has accepted the work and/or Services specified in Exhibit "A". Docusign Envelope ID: 055A820D-0311-4332-9B09-0B97CF3488AA August 1st PSA24-3459UTIL General Counsel Approved Version 5/22/2024 Page 2 Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification- subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of CMWD. Contractor will be under control of CMWD only as to the result to be accomplished but will consult with CMWD as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CMWD for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify CMWD and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At CMWD’s election, CMWD may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD for the acts and Docusign Envelope ID: 055A820D-0311-4332-9B09-0B97CF3488AA PSA24-3459UTIL General Counsel Approved Version 5/22/2024 Page 3 omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and CMWD. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by CMWD. 9. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to defend (with counsel approved by CMWD), indemnify and hold harmless CMWD and the City of Carlsbad and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code Section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault. The parties expressly agree that any payment, attorney’s fee, costs or expense CMWD or the City of Carlsbad incurs or makes to or on behalf of an injured employee under CMWD’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. Notwithstanding any other provision to the contrary, neither party shall be responsible or liable to the other for special, indirect, or consequential damages. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or Executive Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification Docusign Envelope ID: 055A820D-0311-4332-9B09-0B97CF3488AA PSA24-3459UTIL General Counsel Approved Version 5/22/2024 Page 4 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. 11.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $3,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 11.1.2 Automobile Liability (If the use of an automobile is involved for Contractor's work for CMWD). $2,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to CMWD's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 11.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 CMWD will be named as an additional insured on Commercial General Liability which shall provide primary coverage to CMWD. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then CMWD will have the option to declare Contractor in breach. 11.5 Submission of Insurance Policies. CMWD reserves the right to require, at anytime, redacted copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. Docusign Envelope ID: 055A820D-0311-4332-9B09-0B97CF3488AA PSA24-3459UTIL General Counsel Approved Version 5/22/2024 Page 5 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of CMWD during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of CMWD. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to CMWD. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD. 16. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement. For CMWD For Contractor Name Mariel Cairns Name Haley Johnson Title Management Analyst Title Carlsbad Municipal Water District Address 9665 Chesapeake Drive, Suite 320 Address 5950 El Camino Real San Diego, CA 92123 Carlsbad, CA 92008 Phone 858-875-7407 Phone 760-473-6112 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. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the CMWD Conflict of Interest Code. The Contractor shall report investments or interests as required in the CMWD Conflict of Interest Code. Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Docusign Envelope ID: 055A820D-0311-4332-9B09-0B97CF3488AA PSA24-3459UTIL General Counsel Approved Version 5/22/2024 Page 6 Name Email Phone Number 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 19. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 20. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 21. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or CMWD will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the Executive Manager. The Executive Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the Executive Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 22. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CMWD may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If CMWD decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, CMWD may terminate this Agreement upon written notice to Contractor. Upon Docusign Envelope ID: 055A820D-0311-4332-9B09-0B97CF3488AA PSA24-3459UTIL General Counsel Approved Version 5/22/2024 Page 7 notification of termination, Contractor has five (5) business days to deliver any documents owned by CMWD and all work in progress to CMWD address contained in this Agreement. CMWD will make a determination of fact based upon the work product delivered to CMWD and of the percentage of work that Contractor has performed which is usable and of worth to CMWD in having the Agreement completed. Based upon that finding CMWD will determine the final payment of the Agreement. CMWD may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to CMWD. In the event of termination of this Agreement by either party and upon request of CMWD, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to CMWD. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. CMWD will make the final determination as to the portions of tasks completed and the compensation to be made. 23. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, CMWD will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 24. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD must be asserted as part of the agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to CMWD, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If CMWD seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for CMWD to terminate this Agreement. 25. JURISDICTION AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California. 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. Docusign Envelope ID: 055A820D-0311-4332-9B09-0B97CF3488AA PSA24-3459UTIL General Counsel Approved Version 5/22/2024 Page 8 26. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon CMWD and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of CMWD, which shall not be unreasonably withheld. 27. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than the CMWD and Contractor. 28. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may be executed in counterparts. 29. LIMITATION OF LIABILITY The total aggregate liability of the Contractor CMWD for any and all claims whatsoever arising out of this Agreement shall not exceed the total applicable insurance proceeds paid to Contractor by its insurers. 30. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. [signatures on following page] Docusign Envelope ID: 055A820D-0311-4332-9B09-0B97CF3488AA PSA24-3459UTIL General Counsel Approved Version 5/22/2024 Page 9 Executed by Contractor this___________ day of _______________________, 2024. CONTRACTOR CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad WOODARD & CURRAN, INC., a Maine corporation By: By: (sign here) AMANDA L. FLESSE, General Manager, as authorized by the Executive Manager Elisha Back,Vice-President (print name/title) By: ATTEST: SHERRY FREISINGER, Secretary (sign here) By: (print name/title) Deputy Secretary If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, General Counsel By: _____________________________ Assistant General Counsel Docusign Envelope ID: 055A820D-0311-4332-9B09-0B97CF3488AA 26th July PSA24-3459UTIL General Counsel Approved Version 5/22/2024 Page 10 EXHIBIT A SCOPE OF SERVICES AND FEE Docusign Envelope ID: 055A820D-0311-4332-9B09-0B97CF3488AA 9665 Chesapeake Drive | Suite 320 San Diego, California 92123 www.woodardcurran.com T 800.426.4262 T 858.875.7400 Via Electronic Mail 5/23/2024 Mariel Cairns, Management Analyst - Utilities Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, CA 92008 RE: Proposal for Long-Range Population and Demand Forecasting Dear Ms. Cairns: Woodard & Curran appreciates the opportunity to submit this letter proposal to provide Carlsbad Municipal Water District (CMWD) support in long-range population and demand projections though 2050. The long-range forecasts would be used in the 2025 Urban Water Management Plan (UWMP). In November 2020, we prepared a population projections technical memorandum for CMWD that evaluated forecasts out to 2045. In addition, we supported CMWD in the development of its 2015 and 2020 UWMPs and we have been working with monthly historical water demand data to assist CMWD in compliance with Water Use Efficiency and Annual Water Supply & Demand Assessment regulations, including development of a Seasonal Tourism Population Variance Technical Memorandum in December 2023. Our understanding of population projection methodologies and our familiarity with anticipated available regional data will provide efficiencies for the project. A proposed scope and fee are described below. PROJECT UNDERSTANDING The 2025 UWMP will describe CMWD’s actual and projected water demands and supplies through 2050, and must be submitted to the State by July 1, 2026. The Department of Water Resources (DWR) plans to release the draft UWMP guidebook in November 2024, with the final guidebook planned to be released by July 2025. Prior to the release of the draft UWMP guidebook, Woodard & Curran proposes to provide assistance on developing population and water demand forecasts that would be used in the 2025 UWMP. Woodard & Curran will also assist CMWD in responding to data requests from the San Diego County Water Authority (SDCWA) about population and demand forecasts. In March 2024, SDCWA distributed a data request to its member agencies, including CMWD, about population projections and long- range demand forecasts. SDCWA requested that its member agencies submit their own long- range population and demand forecasts by early 2025. The SDCWA is expected to provide its own water demand projections for its member agencies, including CMWD, during development of SDCWA’s 2025 UWMP, similar to information provided by SDCWA during past UWMP cycles. Woodard & Curran will complete the following Scope of Services to assist CMWD in updating its population and demand projections through 2050. Docusign Envelope ID: 055A820D-0311-4332-9B09-0B97CF3488AA ~ Woodard &Curran Carlsbad Municipal Water District 2 Woodard & Curran, Inc. CMWD Pop and Demand Projection 2050 May 23, 2024 SCOPE OF SERVICES Task 1: Background Review and Kickoff Woodard & Curran will review pertinent documents and prepare a data request for the long- range population and demand projections, 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: Additional planned development that may not be captured by San Diego Association of Governments (SANDAG), provided by the City of Carlsbad (e.g., location, number of housing units, application approval date, and anticipated building permit date) Monthly customer use data for 2023 and 2024 (to date), by customer class, for both potable and recycled water. Number of customer accounts by customer type. GIS shapefiles of CMWD’s service area (if different from 2020 UWMP) and potable, recycled, and wastewater systems. Expected future recycled water deliveries to new customers. A Kick-off meeting will be held via Teams conference call to review the project schedule, outline, and data needs. Task 1 Deliverables: Data request Agenda and Notes for Kickoff Meeting Task 2: Development of Population Projections Woodard & Curran will update the long-range CMWD population projections technical memorandum prepared in November 2020. The November 2020 memorandum, which compared population forecasts through 2045, relied on the following data: San Diego Association of Governments (SANDAG) Interim Series 14 Regional Growth Forecasts, which were approved for use in May 2018 and were used by the SDCWA for its 2020 UWMP demand projection model. US Census Bureau American Community Survey multi-year population estimates at the Block Group level between 2014 and 2018. CMWD’s 2015 UWMP population projections. City-provided additional planned development data from November 2017 through May 2020. Docusign Envelope ID: 055A820D-0311-4332-9B09-0B97CF3488AA ~ Woodard &Curran Carlsbad Municipal Water District 3 Woodard & Curran, Inc. CMWD Pop and Demand Projection 2050 May 23, 2024 This scope of work anticipates updating the November 2020 population projection technical memo with the following data: SANDAG Series 15 forecast. According to SANDAG’s website, the draft Series 15 forecast was completed as of March 2024 and the Series 15 forecast is expected to be available from SANDAG in Spring 2024.1 US Census Bureau American Community Survey multi-year population estimates between 2018 and 2022. 2023 data is not scheduled to be released until December 2024, according to the US Census Bureau website.2 CMWD’s 2020 UWMP population projections. Additional planned development provided by the City of Carlsbad. The number of identified units with seasonal population and their occupancy rate, from the December 2023 Seasonal Tourism Variance Analysis. Woodard & Curran will prepare an update to the Technical Memorandum (TM) to document the results. It is assumed that CMWD will have two (2) weeks to review the Draft TM. A Final TM will be prepared and submitted to CMWD. In addition, Woodard & Curran will support CMWD staff in responding to requests for information about population and demand forecasts from the SDCWA as it begins its 2025 UWMP process. CMWD would format information provided by Woodard & Curran into a response letter. Task 2 Deliverables: Annual population projections through 2050 Draft and Final Population Projection TM Support responses to up to two SDCWA requests for information (bullet point format) Task 3: System Demands Description The DWR 2025 UWMP Guidebook has not yet been released. However, we assume it will be similar to previous UWMP cycles, and will require a description of system water demand through 2050. Using the information developed in Task 2, Woodard & Curran will update CMWD’s 2020 UWMP sections on Population & Demographics, Existing & Future Development, Existing Water Use by Sector, and Projected Water Demands. Projected Water Demands will be based on the most recent 10-year gallons per capita per day (gpcd) factors. Non-potable demands will be based on contracted deliveries provided by CMWD. 1 Source: https://opendata.sandag.org/stories/s/Census-Estimates-and-Forecasts-Resources/haru-cy2h/ 2 Source: https://www.census.gov/programs-surveys/acs/news/data-releases/2023/release- schedule.html Docusign Envelope ID: 055A820D-0311-4332-9B09-0B97CF3488AA ~ Woodard &Curran Carlsbad Municipal Water District 4 Woodard & Curran, Inc. CMWD Pop and Demand Projection 2050 May 23, 2024 Woodard & Curran will the updated sections. It is assumed that CMWD will have two (2) weeks to review the Draft sections. Final sections will be prepared and submitted to CMWD. Task 3 Deliverables: Draft and Final System Demands UWMP section Task 4: Project Management and Coordination Woodard & Curran will complete monthly project tracking, invoicing, and progress reporting for six (6) months. Woodard & Curran will also prepare for and facilitate two (2) 30-minute progress meetings. It is assumed that all meetings will be held as conference calls. Task 3 Deliverables: Monthly invoices and progress reports (6 months) Two (2) progress meetings SCHEDULE Woodard & Curran will begin compiling and processing available population projection data following the Notice to Proceed (NTP) and pending release of SANDAG Series 15, which is expected in mid-June 2024. Submittal of both the population projections and the TM is anticipated to occur in the fourth quarter of 2024, for a total project length of six (6) months. BUDGET The proposed budget for completion of the work described herein is summarized in Attachment A. Woodard & Curran proposes to provide CMWD with population and water demand projections support for a fee not to exceed $44,800 per year, to be billed on a time and materials basis according to our standard rate sheet for a fee. CLOSING We greatly appreciate this opportunity to offer our water resources planning services. Please feel free to contact Haley Johnson at (858)875-7407 or hjohnson@woodardcurran.com if you have any questions regarding this proposal or require any further information. Sincerely, WOODARD & CURRAN, INC. Elisha Back Haley Johnson Senior Client Manager Water Resources Planner Docusign Envelope ID: 055A820D-0311-4332-9B09-0B97CF3488AA ~ Woodard &Curran Attachment A Carlsbad Municipal Water District Proposed Fee Estimate Population and Demand 2050 Projections May 23, 2024 Tasks Elisha Back Sally Johnson Haley Johnson Melissa Stine Arthella Vallarta Jen Sindermann Principal-in- Charge Technical Review Project Manager Data Analyst Project Planner Projet Assistant $355 $315 $315 $280 $265 $140 Data Support for 2025 Urban Water Management Plan Task 1: Background Review and Kickoff 1.1 Data Needs Request 1221 6$1,770 $0 $1,770 2.2 Kickoff meeting 1212 6$1,755 $0 $1,755 Subtotal Task 1:02433012$3,525 $0 $0 $3,525 Task 2: Development of Population Projections 2.1 Data Collection 4 24 28 $7,980 $0 $7,980 2.2 Population Projection Calibration 1 2 10 13 $3,745 $0 $3,745 2.3 Draft Population Projection TM 4 4 16 24 $7,000 $0 $7,000 2.4 Final Population Projection TM 2 8 10 $2,870 $0 $2,870 2.5 SDCWA Response Support 2 4 6 12 $3,570 $0 $3,570 Subtotal Task 2:0 7 16 64 0 0 87 $25,165 $0 $0 $25,165 Task 3: System Demand Description 3.1 Draft Existing and Projected System Demands 1 2 14 17 $4,655 $0 $4,655 3.2 Final Existing and Projected System Demands 1 6 8 15 $4,325 $0 $4,325 Subtotal Task 3:028022032$8,980 $0 $0 $8,980 Task 4: Project Management and Coordination 4.1 Progress meetings with CMWD 22222 10$3,060 $0 $3,060 4.2 Project Management and Coordination 2 2 6 6 16 $4,070 $0 $4,070 Subtotal Task 4:44822626$7,130 $0 $0 $7,130 TOTAL 4 15 36 69 27 6 157 $44,800 $0 $0 $44,800 1. 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% 4. Additional Woodard & Curran staff may perform work on the project, based on our standard billing rate schedule currently in effect. Labor Total Fee 3. 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 Total Hours Total Labor Costs (1)ODCs Total ODCs (2) Docusign Envelope ID: 055A820D-0311-4332-9B09-0B97CF3488AA ~ Woodard&Curran SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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 THISCERTIFICATE 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 3/13/2024 Greyling Ins. Brokerage/EPIC3780 Mansell Road, Suite 370Alpharetta GA 30022 Sharon Brubaker 770.756.6599 770.756.6599 greylingcerts@greyling.com Continental Casualty Company 20443 The Continental Insurance Company 35289Woodard & Curran, Inc.2175 N. California Blvd., Suite 315Walnut Creek, CA 94596-0000 National Union Fire Insurance Company 19445 996505246 C X 2,000,000 X 500,000 25,000 2,000,000 4,000,000 X X GL3960965 4/1/2024 4/1/2025 4,000,000 C 2,000,000 X X X CA4629109 4/1/2024 4/1/2025 B X X 5,000,000 X 7063893898 2/23/2024 4/1/2025 5,000,000 X 10,000 CC X N WC38240185 (AOS)WC38240184 (CA)4/1/20244/1/2024 4/1/20254/1/2025 2,000,000 2,000,000 2,000,000 A Professional Liabilityincl. Pollution AEH114135520 2/23/2024 2/23/2025 Per ClaimAggregate 1,000,0001,000,000 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 30Day Notice of Cancellation is provided in accordance with the policy terms and conditions. Professional Liability Retro-Active Date: Full Prior Acts. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance Services;P.O. Box 947Murrieta CA 92564-0000 Docusign Envelope ID: 055A820D-0311-4332-9B09-0B97CF3488AA -~ □ ~ - R □ □ ~ ~ ~ -- ~ ~ -H I I I I I □ Docusign Envelope ID: 055A820D-0311-4332-9B09-0B97CF3488AA POLICY NUMBER: GL3960965 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or OrQanization(s) Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 □ Docusign Envelope ID: 055A820D-0311-4332-9B09-0B97CF3488AA A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 Docusign Envelope ID: 055A820D-0311-4332-9B09-0B97CF3488AA POLICY NUMBER: GL3960965 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 04/01/2024 forms a part of Policy No. WC WC38240184 Issued to Woodard & Curran, Inc. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be 2. 00 % of the total estimated workers compensation premium for this policy. WC 04 03 61 (Ed. 11/90) Countersigned by _ Authorized Representative Docusign Envelope ID: 055A820D-0311-4332-9B09-0B97CF3488AA rb.~ _________________ !/:_' _______ _