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HomeMy WebLinkAboutINTERGRATED WATER RESOURCES INC - 2001-05-21n1 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CALIFOR N]A 92648 LETTER OF TRANSINUTTAL OF ITEM APPROVED BY THE CITY COUNCELII REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: May 23 2001 TO: ATTENTION: Norman N. Brown Name P.O. Box 2610 DEPARTMENT: Street _ Santa Barbara, CA 93120-2610 REGARDING: Professional Services City, State, zip - - Contract See Attached Action Agenda Item E-11 Date of Approval 5-21-01 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Broc",ay City Clerk Attachments: Action Agenda Page x Agreement x RCA CC: R. Beardsley DPW x Namer Department RCA Name Depa ent RCA Bonds _ Insurance x Deed Other x x Agreement Insurance Other Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA C. Mendoza x Risk Management Dept. Agreement Insurance Other x Insurance I Talaphone. 71 A-536.62271 • � 23 yC.. �/1vilQs �� � CITY OF HUNTINGTON BEACH MEETING DATE: May 21, 2001 DEPARTMENT ID NUMBER: CA 01-06 Council/Agency Meeting Held:__'a� Deferred/Continued to: SA Approved ZI Conditionally Approved ❑ Denied 0. r1 it Clerk's Si ture Council Meeting Date: May 21, 2001 Department ID Number: CA 01-06 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION ^c SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS`= SUBMITTED BY: RAY SILVER, City AdministratorGV� b--� z C-) PREPARED BY: ROBERT BEARDSLEY, Public Works Director n� GAIL HUTTON, City Attorney o c� SUBJECT: Approve contract with Integrated Water Resources, Inc. Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the City Council approve a contract with Integrated Water Resources, Inc? Funding Source: Water Fund, Other Professional Services, Account No 50685201.69365. Not to exceed $60,000 for the period November 1, 2000-October 31, 2001 (with the City of Fountain Valley to pay 113 of the bills), Recommended Action: Approve the Professional Services Contract between the City of Huntington Beach and Integrated Water Resources, Inc., and authorize the Mayor and the City Clerk to execute. Alternative „Action(s): Do not approve the Contract. Analysis: Underlying the northern half of Orange County is the Orange County Groundwater Basin. It provides up to 75% of the water the City uses. The Orange County Water District (OCWD) manages the Basin. In order to better manage the Basin, OCWD drafted its Master Plan. The Master Plan was intended to identify demands on the Groundwater Basin through the year 2020 and the means to meet those demands, inclilding accommodating annexation of territory from the Irvine Ranch Water District, the Yorba Linda Water District and the City of Anaheim. 01-06 IWR -2- 5/10101 5:16 PM •QUEST FOR COUNCIL ACT MEETING DATE: May 21, 2001 DEPARTMENT ID NUMBER: CA 01-06 The City first hired the consulting firm of Integrated Water Resources, Inc. (IWR) pursuant to a request for proposal. Initially IWR was used to identify the environmental consequences of the 2020 Master Plan. When OCWD failed to prepare an EIR for the Master Plan, the Cities of Huntington Beach and Fountain Valley filed suit: City of Huntington Beach, City of Fountain Valley v. OCWD, Orange County Superior Court Case Nos. 815921 and 818852, respectively. (That case was tried on February 6, 2001. The Court took the case under submission, and the parties are currently awaiting a decision.) One critical aspect of the Master Plan is developing a computer model of the Basin that can accurately predict the availability of water based upon different supply strategies, variable levels of groundwater pumping and the impact of drought. OCWD created the Groundwater Model Advisory Panel to advise it on preparation of the model. Based upon the technical nature of this work, the Cities of Huntington Beach and Fountain Valley have continued to employ IWR to represent the Cities at meetings of the Advisory Panel. Because the Model will ultimately predict whether OCWD can continue to expand water supply to meet demand both within the existing OCWD territory and any annexed areas, it is recommended that the City Council approve the consulting contract with IWR (Attachment 1). It should be noted that this contract has an indefinite term and no fixed dollar amount. Instead, the Public Works Director controls the scope of work and the budget by approving a work plan and a budget. The current work plan and budget are attached and estimate a total cost of $55,000 (Attachment 2). This amount cannot be exceeded without the Director approving a new work plan and budget. Environmental Status: NIA Attachment(s): List attachment(s) below. Start Numbering 2 3 RCA Author: Scott Field Professional Services Contract — Integrated Water Resources, Inc. Work Plan and Budget Insurance Certificates 01-06 IWR -3- 5111/01 7:44 AM • 0 ATTACHMENT #1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND INTEGRATED WATER RESOURCES, INC. FOR SERVICES REGARDING THE ORANGE COUNTY WATER DISTRICT (OCWD) GROUNDWATER MODEL ADVISORY PANEL Table of Contents Scope of Services DesignatedContacts.................................................................................................2 Time of Performance...............................................................................................2 Compensation..........................................................................................................2 Disposition of Plans, Estimates and Other Documents...........................................4 HoldHarmless.........................................................................................................4 Workers' Compensation Insurance............................................................................4 General Liability Insurance........................................................................................5 Professional Liability Insurance................................................................................6 Certificates of Insurance..........................................................................................7 Independent Contractor.............................................................................................7 Termination of Agreement.......................................................................................8 Assignment and Subcontracting...............................................................................8 Copyrights/Patents....................................................................................................8 City Employees and Officials..................................................................................8 Notices.....................................................................................................................9 Modification.............................................................................................................9 Captions...................................................................................................................9 SectionHeadings.....................................................................................................9 Interpretation of Agreement.....................................................................................10 DuplicateOriginal....................................................................................................10 Immigration..............................................................................................................11 Legal Services Subcontracting.................................................................................I I Attorney's Fees......................................................................................................... I I Entirety.....................................................................................................................12 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND INTEGRATED WATER RESOURCES, INC. FOR SERVICES REGARDING THE ORANGE COUNTY WATER DISTRICT (OCWD) GROUNDWATER MODEL ADVISORY PANEL i�t� May , THIS AGREEMENT is made and entered into this day of 2001, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and INTEGRATED WATER RESOURCES, INC., a Delaware corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to represent it at meetings of the Orange County Water District (OCWD) Groundwater Model Advisory Panel and similar matters regarding groundwater; and The provisions of the Huntington Beach Municipal Code, Chapter 3.03. relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform said services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: SCOPA OF SERVICES CONSULTANT will perform the following services: ■ Attend meetings of the Advisory Panel and provide comments to the Panel pursuant to IWR discussion with, and agreement by, CITY; ■ Provide written summaries of meeting discussions and developments; ■ Provide continued technical input to the Advisory Panel and modeling effort concerning: SF-2001 Agree: Integrated hater ReiOUrces 4;] 1.01 ■ model calibration, ■ integration of regional and local (seawater barrier) models, ■ appropriate use of the model(s), ■ development of model run scenarios, and a interpretation of model run results; • Discuss model -related issues with the CITY in the context of legal actions taken by the CITY; and ■ Provide analysis of OCWD modeling efforts and associated groundwater management plans and project development, pursuant to coastal groundwater resources. CONSULTANT shall perform no work without obtaining approval of the Public Works Director to a work plan and budget. All services performed and invoices submitted shall be consistent with the approved work plan and budget. 2. DESIGNATED CONTACTS CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. CONSULTANT hereby designates Norman N. Brown, Ph.D., who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 3. TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement. 2 SF-2001 Agree: Integrated water Resources 4/1 POI 4. COMPENSATION CONSULTANT's fee for such services shall be as follows: Dr. Norm Brown $185/hour Dr. Steve Bachman $185/hour CONSULTANT shall prepare a monthly statement which will set forth the nature of the services provided during the preceding period, the names and hours of each individual providing services, and the total number of hours and amount of fees attributable to providing such services. In addition, CONSULTANT shall be entitled to monthly reimbursement from CITY for out-of-pocket expenses incurred in connection with the provisions of said legal services, such as court costs, deposition fees, investigation fees, expert witness fees, and charges for travel time outside of the Southern California area at the direction of special counsel. All communications - related costs, such as facsimile charges, telephone and mobile phone charges, courier services, copier charges and document reproduction charges will be billed in a monthly lump sum, calculated at one percent (1%) of the total labor charge for that invoice period. Said monthly statement shall include the total amount of such expenses incurred during the preceding period. Automobile expenses are limited to 34.5 cents per mile. All other travel expenses shall be approved in advance. Requests for approval shall be submitted at least 14 days in advance, to allow for reduced transportation fares, so long as CITY request for services requiring such travel is made at least 15 days in advance of the travel date. Meals are not billable to the CITY, without prior arrangement. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the case. SF-2001 Agree: Integrated Water Resources 4/1 U01 There shall be no charge for secretarial time, secretarial overtime, or word processing charges. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS Upon written request by CITY, CONSULTANT agrees that all materials prepared hereunder, including all original drawings, designs, reports, both field and office notices, calculations, maps, memoranda, letters and other documents, shall be turned over to CITY. In the event this Agreement is terminated, said materials may be used by CITY in the completion of the PROJECT or as it otherwise sees fit. Title to said materials shall pass to CITY upon payment of fees determined to be earned by CONSULTANT to the point of termination or completion of the PROJECT, whichever is applicable. CONSULTANT shall be entitled to retain copies of all data prepared hereunder. 6. HOLD HARMLESS CONSULTANT shall protect, defend, indemnify and save hold harmless CITY, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out of or in connection with CONSULTANT's performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. 7. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, CONSULTANT acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured 5P-2001 Agree: lntcgrated Water Resources 4'11.101 against liability for workers' compensation; CONSULTANT covenants that it will comply with such provisions prior to commencing performance of the work hereunder; and shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suit, actions, proceedings, and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CITY, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by CONSULTANT under this Agreement. CONSULTANT shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars (5250,000) bodily injury by disease, policy Iimit. CONSULTANT shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONSULTANT shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONSULTANT shall similarly require all subcontractors to waive subrogation. GENERAL LIABILITY INSURANCE In addition to the workers' compensation insurance and CONSULTANT's covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. The policy shall indemnify CONSULTANT, its officers, agents and employees, while acting within the scope of their duties, against -any and all claims arising out -of or -in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket Sr-2001 Agree: Integrated Water Resources 4/ 1 1 /01 • contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form that includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000 for this PROJECT. The policy shall name CITY, its agents, its officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONSULTANT's insurance shall be primary. Under no circumstances shall the above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage in excess of $1,000 per occurrence for general liability policy and $10,000 per occurrence for professional Iiability insurance. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall furnish a professional liability insurance policy covering the work performed by it hereunder. Said policy shall provide coverage for CONSULTANT's professional liability in an amount not less than 51,000,000 per occurrence and in the aggregate. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT will make every effort to -maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insureds. b SF-2001 Agree: Integrated Water Resources 4/1 1:-"01 C. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. D. The reporting of circumstances or incidents that might give rise to future claims. 10. CERTIFICATES OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. promise that such policies shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONSULTANT under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. SF-2001 Agree: Integrated water RCSOLD- es 4�`11:01 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of the CITY. CONSULTANT shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT -and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished -documents, exhibits, report, and evidence shall, at the option of the CITY, become its property and shall be delivered to it by CONSULTANT. 13. ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONSULTANT to any other person or entity without the express written consent of CITY. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. SF-2001 Agree: Integrated Water Resources 4:1 l;`Ol 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONSULTANT's agent (as designated in Section I hereinabove) or to the City Attorney as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed as follows: TO CITY: City Attorney City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 17. MODIFICATION TO CONSULTANT: Norman N. Brown Integrated Water Resources, Inc. P.O. Box 2610 Santa Barbara, CA 93120-2610 No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 18. CAPTIONS. Captions of the sections of this Agreement -are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement 9 SF-2001 ,agree_ Integrated eater Re50Urces 4111:01 19. SECTION HEADINGS. The titles, captions, section, paragraph, subject headings and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20, INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 10 SF-2001 Agree: Integrated water Resources 411 1101 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each of the parties hereto shall retain an originally signed copy hereof. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTrNTG PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. Balance of page intentionally left blank. SF-2001 Agree: Integrated Water Resources V1 U01 25. ENTIRETY The Agreement contains the entire agreement between the parties respecting the subject matter of this Agreement and supercedes all prior understanding and agreements whether oral or in writing. The foregoing sets forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONSULTANT INTEGRATED WATER RESOURCES, INC., a Del ware corporation By: print name ITS: (circle one) Chairmani Pros idenice Areside AND -Y'-�� . 0 11 L k --�- print name IT nej Se ry;Chicf Financta st. Secretary — Trcasur REVIEWED AND APPROVED: G-ey' Administrator SF-2001 :Agree: Integrated Water Resources 4 ] 1.01 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor pro Tem ATTEST:- L y�rc�G'i4s[/ City'. Clerk 6 23—al APPROVED AS TO FORM: City Attorney cfl2 l°I INITIATED AND APPROVED: City Attorney S�_ 12 s • ATTACHMENT #2 APR-1B-2001 10:55 IWR, Inc. • i INTEGRATED WATER RESOURCES, INC. ?4Dl Apo 18 pi 11, 32 November 2, 2000 P , d' t D CITY ATToumEY ,, U Mr. Scott Field, City of Huntington Bea chFdiIPdGTQ�i BE,, c" Mr. Dennis Maclain, City of Huntington Beach Mr. Bill Ault, City of Fountain Valley Mr. Alan Bums, City of Fountain Valley Dear Mssr's Field, Maclain, Ault and Burns: B05 966 7757 P.02iO3 via facsimile JW •w 11 + Zo tz� Zi. To follow up our previous conversation, IWR proposes to continue its work on behalf of the Cities of Huntington Beach and Fountain Valley, for the purpose of representing the Cities at meetings of the Orange County Water District (OCWD) Groundwater Model Advisory Panel. The proposed work includes: Attend meetings of the Advisory Panel and provide comments to the Panel pursuant to IWR discussion with, and agreement by, the Cities; Provide written summaries of meeting discussions and developments; Provide continued technical input to the Advisory Panel and modeling effort concerning: • model calibration, • integration of regional and local (seawater barrier) models, • appropriate use of the model(s), • development of model run scenarios, and • interpretation of model run results; Discuss model -related issues with the Cities in the context of legal actions taken by the Cities; and Provide analysis of OCWD modeling efforts and associated groundwater management plans and project development, pursuant to coastal groundwater resources. IWR proposes a 12-month budget of $55,750 to conduct this technical review, analysis, participation and guidance of OCWD modeling activities. Technical work will be conducted by Dr. Norm Brown, R.G., and Dr. Steve Bachman, R,G. The budget assumes that there will be one Model Advisory Panel meeting per month from November 2000 through March 2001, and one meeting per month and MAILING ADORES&: POST OFFICE Box 2810, SAWA BARBARA, CALIFORMA 93120-2810 • TELEPHONE (805) 986-7757 COURIER: 18 ANACAPA STREET, SANTA BARBARA, CALIFORNIA 93101 • FACSImu (805) 9W7887 W 0 R K P L A N A N D B U D G E T APR-1B-2001 10:45 805 966 7757 99% P - 02 RPR-18-2001 10:56 IWR, Inc. 805 966 7757 P.03/03 a half from April 2001 through October 2001. Any change to this assumed meeting frequency would result a corresponding and proportional change in budget. IWR's scope of work and budget are comprehensive with respect to the Model Advisory Panel work, and include significant related tasks such as time to help develop and discuss criteria for the groundwater model scenarios. However, work additional to the tasks listed, such as other types of technical support for litigation activities, would require separate budget. IWR has enjoyed representing the Cities of Huntington Beach and Fountain Valley at the OCWD Model Advisory Panel Meetings. We believe strongly that our efforts on the Cities' behalf have produced meaningful, beneficial change to QCWD's modeling effort, particularly with respect to evaluating potential impacts to coastal groundwater producers. Please call me at your convenience to discuss this proposed scope of work and budget. The next Model Advisory Panel meeting is Friday, November I7, for which meeting attendance by IWR can be covered as necessary under the existing purchase order balance. Sincerely, �G+'1n��av✓L�_ Norman N. Brown, Ph.D. Vice President — Chief Science Officer cc: Martha Lennihan Integrated Water ttes=ces, Inc. p. 2 November 2, 2000 TOTAL P.03 APR-18-2001 10:45 805 966 7757 99% P.03 ATTACHMENT #3 Nashville 4/23/01 4:34 PACE 4/5 RightFAX TO:Anya.King COMPANY: ; . 0 0 j:5 DA'rE "'IDDly'o ACORD PW.19L:-RTIFICNTE!:!OF.�.!LIABILI, NCE -2001 U RA 11MIN - RAGE11 OF; ;-TZ-!' -APR PRODUCER 97569 Willis Service Center 26 Century BoUlevaird --thd wwT THIS CERTIFICATE 15 155ULD AS A MAT -TER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TFqS CERTIFICATE DOES NOT AMEND, EXTEND OR 0 111 f Nashville TN 37214 cz� U11 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW LT R: (877) 945-7378 L� Any'COMPANIES AFFORDING COVERAGE 2z3b7.1JBI ­wFARY Hartford Accident and Indemnity Company A INSURED 26387-001 (CFARI COYPANYStmadfast Insurance Company B COMPANY C Integrated Water Resources, Inc. 18 Ana capa Stre at COMPANY Santa Barbara CA 93101 D .0aVERAGES:-!: I i.i:i;: I Tiii:: THIS 16 TO CERTIFY THAT TIRE POLICIEr, OF: INSURANCE LISTED BELOW HAVE BEEN ISSUED To THE INSURED NAMED ABOVE FOTI THE PCLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WfJICH THIS CERTIFICATE MAY BE LSSLIED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS &jRjECr TO ALL THt_ TERMS. EXCLU&CINS AlqD CONDITIONS OF SUCH POLICIES. UNITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM& CO LTII TYPE CW INSURANCE POLICY NUMBER POLICY E FFECTI VE DATE IIIJIMIDD)VY) POLICY EXPIRATION DATE (LIMJDDIVY) LIMITS A IMINERAL LIABILITY 22UUVDD5066 16-DEC-2000 16-DEC-2001 LENE9AL AGGREGATE S 2.000,000 -ROLYjC1SCOA`IPfDPAGO S 2.000.000 C01MME-IlUIALUENER&LIABNOTY CLAIMS MADE Ln-j OCCUR PERSIN84A A3VINJUPY 3 1,ODD, 000 EACH OCCL-PqENCE $ 1.000,000 OWNERS&CONTAACTOP'SOROT 9`1E 3AMAGE!Any ana I re, S 300,000 Y=-u =�xl rAnv ansDarswIl $ 1(1,000 A AUTOMOBILE LIAMLITY ANY AUTO ?-2UUVDD5066 APPROVED AS TO FDRY: 1 8-DEC-2000 16-DEC-200 I COMBINED S.YGLE VMIT 3 1.000,000 BOO:LYINJ'-qY (F-w pw�) ALL OWNED Adlas RCFE71JL�D AUTOS X HIRED AUTOS X NON-13W%FED A.Trr. GAIL HUTTON M CITY ATTOR NEY B1 J 74 -t"�azaPOLL I AA-j-eL- I LYINAJ�IY !I&.- &-a(lanl) $ R y C4 LRA ­ PFIC)P-wHTY TAN AGE S GARAGE LIABILITY A-JOOVLY - EAACC�:.'�NT S (YIER THAN AUTDONLY. ANY AUTO• ADLYL- HT A IED =AL-,i ACCIDENT AG G-4 R G AT;-: T A EXCESSLIABILITY 2XHVBG7725 16-DEC-2000 16-DEC-2001 EACH OCCUqAENCE $ 1,000.000 $ 1 0011, (10 0 UL40RELLA FfJA1A IAGGREGATE $ nf,Fn THA,.j jM2I"ELLA1Cn1,1l WO1111KEFISCOMPENSAT)ON AND TIGIAY L E-I E- EAC." ACODE.NT FMPLOIYERT UABLITy THE -ROPRIE'Tugi PARTNJERSIEXEcurivE 1� INGL -E-MUC, ASE -PCL.CY LIMIT Is OFrtGE RS ARE— EXCL -E-D:-VASE-EAEV'I­OY13U 11 CTNER EEC364B59504 1 G-DEC-2000 16-DEC-2001 $1.000,000 Rauh Claim Ofessional Liability $2,000,000 AggragaLa DESCRIPTION OF OPFRATIONSi.00ATIONSfVEHICLESISPECIALINUS SEE ATTACHED ... ....... . . 1 CANCELLATION 01- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE The City of Huntington Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR 10 MAL Aftnz Torn Flulla 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Prime Engin ear BUT FAILURE 70 MAIL SUCH NOTICE SMALL IMPOSE NO OBLIGATION OR LIABILITY 2000 Main Stratirt AN ANY KIND UPON THE COMPANYWIS AGENTS OR REPRESENTATIVES. Huntington Bch CA 92640 TH nIZED PFIESENTr -i-i;.1:JD BCEjjTS !;. &R'D MPORATION'19RA-'' rrA Nashville 4/23/01 4:34 PAGE 5/5 RightFAX TO:Anya King COMPANY: 0 .. ....... ............. ISSUE DATE :NAVIDDI", Wil CERTIFIC Wt.` is P. n 13-APR-2001 ..... ..... !pF:!:-i1N.SU AGE"!:10F 7HIS CERTIMCATE isT9900—A-3—A MAIT-90 OF: INFORMATION ONLY AND CONFERS NO RIGHTS UPON POLICIES HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW- 97569 WSURED PRODUCER Willis Senrice Center 26 century Boulevard V� Nashville TN 37214 Integrated Water Resources, Inc. (8771945-7378 18 Ariacapa Street CA 93101 W 6vo4o Santa Barbara Ad I. ... ........ P.-I! 1. ;,Jill F! 1 1 H! i U IN TMS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN 135JED 10 THE INSURED NAMED ABOVE FOR -IfIE POLICY PEHIO:) INDICATED, NOTWITHSTANDING ANY FIECIAREMENT, TERM 04 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 SURJECT TO ALL THE TETIMS, EXCLUSIONS AND CONDITIONS Or SUCH POLIMEZi LIMITS MAY HAVE BEEN REDUCED BY PAID cLiuma TYPE OF INSURANCE POLICY NUMBER POLICY I EFFECTIVE DATE ik4ujnrVyY)1 POLICY EXPIRATION nATFFuyjoD,-yyI LIMITS I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS It is agreed that the City of Huntington Beach. its Agents. Officers and Employees are included as Additional Insured as respects General Liability but only as coverage pertains to operations of Integrated Water Technologies, Inc. for the Additional Insured. All other policy terms and conditions remain unchainged- A OF BE CANCELL 4EFORE The City of 11untinglan Beach SHOULD ANY THE ABOVE DESCRU ED POLICIES TH IF EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL E114AVOR TO MAR- Attn: Turn Rulla 30 UAYSWRITTE4 NOTICE TO THE CERTIFICATE HOLDER NAMED TOTHELEFT, Prime Enuina— BUT FAILURE 10 MAR- SUCH NOIICE SMALL IMPOSE NO OBLIGATION UN LIABILITY 2000 Main Sheet ANY KIND UPON THE COMPANY, 13 AGENTS OR REPRESENTATIVES-Huntinglon IJTH 11 EMJQVIE 13ch CA 9264E :'.' WILLlB 25WI (WJO SCERTS 95) 4 INTEGRATED WATER RESOURCES, INC. iy 2001 APR 26 All iUnn ' 26 /J R ; r-' E" I F. D April 20, 2001 Ia.tPjT NGT01',EITY ATTOR14EY GH City of Huntington Beach 2000 Main Street PO Box 190 Huntington Beach, CA 92648 Dear Sirs: In regard to "Professional Services Contract between the City of Huntington Beach and Integrated Water Resources, Inc. for Services Regarding the Orange County Water District (OCWD) Groundwater Model Advisory Panel", IWR is providing under separate cover required information concerning IWR's insurance policies and coverages. Such policies shall not be suspended, voided or canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice; or in ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. Sincerely, Norman N. Brown, Ph.D. Vice President — Chief Science Officer P.0- BOX 2610 . SANTA BARBARA, CA 93120 • TEL (805) 966-7757 • FAX (805) 966-7987 SL STATE P.O. BOX 807, SAN FRANCISCO,CA 94101-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE 'POLICY NUMBER: 541-01 UNIT 0000041 ISSUE DATE 05-01-01 CERTIFICATEEXPIRES: 05-01-02 CITY OF HUNTINGTON BEACH BUILDING & SAFETY 2000 MAIN STREET P 0 BOX 190 HUNTINGTON CA 92648 This is to certify that vve have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days' advance written notice to the employer. We will also give you 30 days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter' the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance 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: PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000.00 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS'` NOTICE EFFECTIVE 05/01/01 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. a 0z?ti .:.: _ .. By. p , f4Cy A.ttorne EMPLOYER LEGAL NAME INTEGRATED WATER RESOURCES INC PO BOX 2610 SANTA BARBARA CA 93120 INTEGRATED WATER RESOURCES INC PRINTED: 04-17-01 .0,0. THIS DOCUMENT HAS A BLUE PATTERNED BACKGROUND SCIF 10265 (PEV.2-95) SL STATE P.O. BOX 807, SAN FRANCISCO,CA 94101-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE POLICY NUMBER: 541.-01 UNIT 0000041 ISSUE DATE: 05-01-01 : CERTIFICATE EXPIRES: 05-01-02 CITY OF HUNTINGTON BEACH RISK MANAGEMENT 2000 MAIN STREET P 0 BOX 190 HUNTINGTON CA 92648 This is to certify that we hzve issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 3O days' advance written notice to the employer. We will also give you 30 days' advance notice should this policy be cancelled prior to its normal expiration. This certificateofinsurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance 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. PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1 000,000.00 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 05/01/01 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER LEGAL NAME' INTEGRATED WATER RESOURCES INTEGRATED WATER RESOURCES INC INC PO BOX 2610 SANTA BARBARA CA 93120 PRINTED: 04-17-01 P0409 THIS DOCUMENT HAS A BLUE PATTERNED BACKGROUND RCA ROUTING SHEET INITIATING DEPARTMENT: CITY ATTORNEY SUBJECT: Professional Services Agreement - Integrated Water Resources, Inc COUNCIL MEETING DATE: May 21, 2001 RCA ATTACHMENTS :` ::. STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. Approved as to form by City Attorne) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds if applicable) Not Applicable Staff Re ort If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED -RETURNED FORWARDED Administrative Staff S v Assistant City Administrator Initial City Administrator (Initial) City Clerk ( EXPLANATIONFOR RETURN OF ITEM: RCA Author: