HomeMy WebLinkAboutC-4437 - PSA for Hydraulic Modeling Services, Inc.AMENDMENT NO. TWO TO
N PROFESSIONAL SERVICES AGREEMENT WITH
T ID MODELING, INC. FOR
HYDRAULIC MODELING SERVICES, INC.
THIS AMENDMENT NO. TWO TO PROFESSIONAL SER IC S AGREEMENT,
( "Amendment No. Two ") is entered into as of this � day of 2010,
by and between the CITY OF NEWPORT BEACH, a California Muni al Corporation
( "CITY "), and ID MODELING, INC., a California Corporation whose address is 300
North Lake Avenue, Suite 230, Pasadena, California 91101 ( "CONSULTANT'), and is
made with reference to the following:
RECITALS:
A. On November 20, 2008, City and Consultant entered into a Professional Services
Agreement ( "Agreement ") to perform hydraulic modeling services for the City's
existing water system ( "Project ").
B. On January 6, 2010, City and Consultant entered into an amendment to the
Agreement to extend the term to December 31, 2011 ( "Amendment No. One ").
C. City desires to enter into this Amendment No. Two to reflect additional services
not included in the Agreement or prior Amendments, to increase the total
compensation and update insurance requirements.
D. City and Consultant mutually desire to amend the Agreement as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. SERVICES TO BE PERFORMED
Section 2 of the Agreement shall be be supplemented to include the Scope of
Services dated April 2, 2010 which is attached hereto as Exhibit 'A' and
incorporated herein by reference. The City may elect to delete certain tasks of
the Scope of Services at its sole discretion.
2. COMPENSATION
The introductory pargraph to Section 4 of the Agreement and Setion 2 to
Amendment No. One shall be amended hereby and the following is substituted in
its entirety: City shall pay Consultant for the services on a time and expense not-
to- exceed basis in accordance with the provisions of this Section and the
Schedule of Billing Rates attached to the Agreement. Consultant's total amended
compensation for all work performed in accordance with this Agreement, and all
prior amendments, including all reimbursable items and subconsultant fees, shall
not exceed Forty-Five Thousand, Nine Hundred Fifteen Dollars and no1100
($45,915.00) without prior written authorization from City ( "Total Amended
Compensation ").
3.1 The total amended compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with
this Amendment No. Two, including all reimbursable items and
subconsultant fees, in an amount not to exceed Fifteen Thousand, Nine
Hundred Fifteen Dollars and no /100 ($15,915.00), without prior written
authorization from City.
3. INSURANCE
Section 14 of the Agreement shall be amended hereby and the following terms
are substituted in their entirity: Without limiting Consultant's indemnification of
City, and prior to commencement of work, Consultant shall obtain, provide and
maintain at its own expense during the term of this Agreement, policies of
insurance of the type and amounts described below and in a form satisfactory to
City.
A. Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Consultant shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work
hereunder by Consultant, his agents, representatives, employees or
subconsultants. The cost of such insurance shall be included in
Consultant's bid.
B. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A- (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
C. Coverage Requirements
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and
Employer's Liability Insurance (with limits of at least $1,000,000) for
Consultant's employees in accordance with the laws of the State of
California, Section 3700 of the Labor Code In addition, Consultant
shall require each subconsultant to similarly maintain Workers'
2
Compensation Insurance and Employer's Liability Insurance in
accordance with the laws of the State of California, Section 3700
for all of the subconsultant's employees.
Any notice of cancellation or non - renewal of all Workers'
Compensation policies must be received by City at least thirty (30)
calendar days (10 calendar days written notice of non - payment of
premium) prior to such change.
Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than $1,000,000
per occurrence for bodily injury, personal injury, and property
damage, including without limitation, blanket contractual liability.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than $1,000,000 combined single limit for each accident.
iv. Professional Liability (Errors & Omissions) Coverage. Consultant
shall maintain professional liability insurance that covers the
services to be performed in connection with this Agreement, in the
minimum amount of $1,000,000 limit per claim and in the
aggregate.
D. Other Insurance Provisions or Requirements.
The policies are to contain, or be endorsed to contain, the following provisions:
i. Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents,
officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a
loss. Consultant hereby waives its own right of recovery against
City, and shall require similar written express waivers and
insurance clauses from each of its subConsultants.
ii. Enforcement of Contract Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of the City to
inform Consultant of non - compliance with any requirement imposes
no additional obligations on the City nor does it waive any rights
hereunder.
3
iii. Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a
limitation on coverage, limits or other requirements, or a waiver of
any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party
or insured to be all inclusive, or to the exclusion of other coverage,
or a waiver of any type.
iv. Notice of Cancellation. Consultant agrees to oblige its insurance
agent or broker and insurers to provide to City with 30 days notice
of cancellation (except for nonpayment for which 10 days notice is
required) or nonrenewal of coverage for each required coverage.
E. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suts instituted that arise out of or result from
Consultant's performance under this Agreement.
F. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement and Amendment No. One shall remain unchanged and
shall be in full force and effect.
11
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO.
TWO on the date first above written.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
OFFICE OF THE CITY ATTORNEY A California Municipal Corporation
By: ' By:
�Ivly et D. iBea champ, Da 'd A. Kiff,
Ass'stant Cit ttorney City Manager
ATTEST: ID MODELING, INC.:
Leilani I. Brown, C�
� � � Paul Hauffen,
City Clerk' :' < Chief Executive and Financial Officer
Attachment: Exhibit A — Additional Services to be Performed
5
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Task Order
Apra 212010
Mr. Michael J. Sinacori, P.L.
Assistant City Engineer
City of Newport Reach
3300 Newport 1110
Newport Reach, CA 92663
Subject: task Order for Hydraulic Analysis of Supply Alternatives from Poseidon
Dear Mr. Sinacori.
IDModeling. Inc. (IDM) is pleased to submit this Task Order Vor the analysis of supply
alternatives from the proposed desalination facility by Poseidon. 'I he services described
below provide our understanding of the proposed scope of work for this task order and
includes our estimated level of effort for such work.
Services: IDM proposes to provide the following services for the modeling analysis
outlined below:
Project Management and Coordination
a. Provide Project Management for this task order.
b. Prepare for and attend three (3) meetings.
c. Provide QA /QC for the project.
Estimated level of effort: 28 hours
2. Field Testing and Model Update and Calibration
a. Assist in developing the field testing procedures. Provide recommended
locations for pressure recorders and flow rates from the I6 's Street Pumping
Station
b. Attend part of the field testing to observe and provide recommendations to
improve the tests as appropriate.
c. Compile the recorded information from the field testing into a spreadsheet
that will be used to calibrate the model. The spreadsheet will be used to
compare field results to model results.
d. Update the model using record drawings provided by Newport Reach.
e. Calibrate the model based on the field results.
Estimated level of effort: 28 hours + $75 ODC
lily of �:cNcpnII Reach MAIDModeling
Proposal
Supply Analysis
a. Create scenarios and data sets in the computer model to analyze the various
supply alternatives.
b. Run the simulations and analyze the results to determine the required
facilities necessary to accommodate the flows for each scenario. Six
scenarios are proposed:
i. Maximum flow using only planned 15'h Street pipeline improvement.
ii. Maximum Flow using only planned McArthur pipeline improvement.
iii_ Maximum flow using only pump station improvements.
iv. Maximum flow using pump station improvements and planned 15'h
Street pipeline improvement.
v. Maximum flow using pump station improvements and planned
McArthur pipeline improvement.
vi. One additional scenario based on the City's request.
Estimated level of effort: 24 hours
4. 'technical Memorandum
a. the results of this study will he summarized in a technical memorandum
(TM). A draft TM will be submitted for the Citv's review.
b. The final TM will address the City's comments on the draft TM.
Estimated level of effort: 16 hours
IDM proposes use of Principal Technologist at a rate of $185 /hr and Project Manger at a
rate of $I 55/hr.
Deliverables:
Updated hydraulic computer model of the City's water system and a TM that
summarizes the results of this study.
Assumptions:
We have assumed that the effort required to update and calibrate the computer model
is limited to the vicinity of the transmission facilities. If the effort will exceed our
estimated level of effort, then we will contact the City to discuss before proceeding.
Estimated Costs:
See Exhibit A (attached).
ca, „f '4e,VFK„ r ucaci �IDModeling
Pace 2 of 4 JO..
Proposal
Thank you very much for your consideration. IDModeling, Inc. looks forward to adding
value to your organization and keeping your water models alive and applied!
Kind Regards,
II)MODELING, rNC.
Brian Powell, P.1:.
Technical Services Director
lingineering & Asset Planning
AUTHORIZATION: CI IY OI; NI:WPORT BEACII
By. — -. (Sign Name)
— (Print Name)
Title:
Date:
City of Newport nvac'' R� IDModeling
Paec 3 of 4 �� ..............
Proposal
Exhibit A
Labor !burs d Budget Estimate
Hydraulic Analysis of Desalinated Supplies to Newport Beach R� IDModeling
City of Newport Beach
IDModaling
Teak or
Sabta4K
project Task or Subtask Description
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PROJECT MANAGEMENT 6 QAIQC
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14
28
4
$4.760
$751
$4,835
1 I
Profth:l Management b Cmdnalav,
2
21
4
0.8
$680
3660
1 2
13
Meeings !3) mduding Pteparal,on II Follow up
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12
20
2.3
$3.340
$75
$3 415
4
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4
0.5
3740
3740
2
Field Testing and Model Update 6 Calibration
10
18
2s
3.8
$4.640
s0
31,640
21
A935I In dewlopag field 10$409 approach
2
0
2
0.3
$370
$370
22
Observe and document FRO lesi09
A
0
4
0.5
$740
$740
23
Comple Nonnabon from field teNng results
0
4
4
0.8
$620
$620
2 4
Updae model eased on rncar0 Mavrings
2
6
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1.0
$1.300
31300
2 5
Calibale model based on 5eld tesWg resulls
2
a
10
1.3
$1.610
$1.610
3
So"Analysla
1
20
21
3
$3.540
s0
$3.640
31
Add Scenanas & Conbol Sets tot Supply Scenarios
0
4
0.8
Semi
$620
32
Analyze system for 6 ahetnalwes
Al
16
201
2.61
$3.2201
63.220
4
TECHMCAL MEMORANDUM
4
12
16
2
$2,600
30
$7,600
4.1
Prepare Draft TM Summanzn9 Analysis Results
2
8
.10
1A
$1.610
$1,610
4.2
Finasze TM based on Commeols Received
21
4
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$990
$990
total VDM labor.
321
64
"1
13
$15,640
$76
$16,916
TMI Other Direct Coal:
I
1 $16
TOTAL IOAf SERVICES: $15,915
(.'in. of Newport (teach
Pa--,c 4 of 4
01 IDModeling
, 6c 1 d CERTIFICATE OF LIABILITY INSURANCE
PRODUCER (714)905 -1923 FAX: (710)905 -1910
Hayward Tilton 6 Rolapp Insurance Associates,
CA Dept. of Ins. Lic. #0614365
BBB S. Disneyland Dr., Ste 400
Anaheim CA 92802 -1846
IN6UR[D —
ID Modeling, Inc.
55 E Huntington Suite 130
Arcadia CA 91106
rriny- F.THiy
INSURERS AFFORDING COVERAGE
'IN,SVHI HA Hartford Casualty Insurance
INSURER B Prop S Caau Ina Co of
IHSURERc Hartford Ina Co of the
•INSVRERDHiscox USA Underwriters at
DATE (IIMIODA'YY'r)
5/12/2010
NAIC •
29474
30496
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 DESCRIBFD HFREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS
OFSUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
3300 Newport Boulevard
a OSE NO OBUGATIOH ON LIABILITY of ANY KIND UPON THE INSURER. ITS AGENTS OR
Newport Beach, CA 92663
INSR AOD'L POLILI'111/weEA POLICYEFFECTNE POLICYEXPIAATION
TYPE Of INSURAA�E
UNITS
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OESCM"tI WOPERAnON51LOCATIONSIWE U ESIEXCLUSEONSADDEDBYENDORSEMENTt SPECIALPAORSIOHS
The City, its elected or appointed officers, officials, awployees, agents and volunteers
are included
as Additoml
Insureds and Primary /Non - Contributory wording applies as respects General Liability
per Fora, SS 00 OB
0405
attached.
Waiver of Subrogation applies as respects workers Compensation per Form WC 0403 06
attached.
ACANCCLLATION: 10 -days Notice for Non- Payment of Premi,n and /or Non - Reporting of Payroll.
CERTIFICATE HOLDER CAPICFI I ATInN
NL.VKU LD Iauuetul) 'JISaII lOUS AGOKU OOKPOKAIION. All rignts reserve0.
INS025 (0 w-)o• The ACORD name and logo are registered marks of ACORD
SHOULD ANY aF THE ABOVE DESCRIBED POLICIES eE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF. THE ISSUING INSURER YEILL ENDEAVOR TO MAIL 30 DAY$ WR)TTEN
City of Newport Beach
HOME TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 $0 SHALL
3300 Newport Boulevard
a OSE NO OBUGATIOH ON LIABILITY of ANY KIND UPON THE INSURER. ITS AGENTS OR
Newport Beach, CA 92663
REPRESENTATIYES.
AUTHORING REPRESENTATIVE
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NL.VKU LD Iauuetul) 'JISaII lOUS AGOKU OOKPOKAIION. All rignts reserve0.
INS025 (0 w-)o• The ACORD name and logo are registered marks of ACORD
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED. the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer. and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
INS025 Reah•n ni
Insured Name: ID Modeling, Inc
Policy Number: 72SBANU4899
BUSINESS LIABILITY COVERAGE FORM
(6) When You Are Added As An
Wnen this insurance is excess over other
Additional Insured To Other
insurarce. we will pay only our snare of
Insurance
the amount of the loss. it any, that
That is other insurance available to
exceeds the sum of
you cnverinq IiahAiy for damages
(1) the total amount that all such other
arising out of the premises or
irsurance would pay to, the loss .n the
operations, or products and completed
abserce of this insurance: and
operations, for which you have been
(2) The total of all deductible and sell -
adrtnd as an additional insured by Ihal
irsured amounts under all that other
insurance, or
insurance
(7) When You Add Others As An
We will share the remaining oss. A any, with
Additional Insured To This
ary other nsuranco that is not described in
Insurance
this Excess Insurance provision and was not
That is other Insurance available to an
bought specificaly, to apply in excess of the
additional insured-
Limits of Insurance shown in the
However, the following provisans
Declarations of this Coverage Pad
apply to olhe• insurance available to
c. Method Of Sharing
any person or organization who is an
I all the other insurance permils
additional insured under this Coverage
ccniribulion by equal stares, we will follow
Part;
[his metnod also Under this approach,
(a) Primary Insurance When
each insurer contributes equal amounts
Required By Contract
until it nas paid its applicable limit of
This insurance is primary if you
insurance or none of the loss remains,
have agreed in a written contract,
whichever comes first.
written agreement or permit that
ff any of The other insurance does not permit
this insurance be primary. If other
contribution by equal shares, we will
insurance is also primary, we will
contribute by limits Under this method. each
share with all that other insurance
Tnsure's share is based on the ratio of 16
by the method described in c.
applicable limit of insurance to the total
below.
applcable limits of insurance Ball insurers.
(b) Primary And Non - Contributory
8. Transfer Of Rights Of Recovery Against
To Other Insurance When
Others To Us
Required By Contract
e. Transfer Of Rights Of Recovery
If you have agreed in a written
:f the insured has rights to recover all or
ccnlract, written agreement or
Part of any payment, including
permil that this insurance is
Supplomentary Payments. we ^ave made
primary and non - contributory with
under this Coverage Pat, those rights are
the additional insureds own
transferred to us. Tire insured must do
insurance this insurance is
nothing after loss to impair them At our
primary and we will not seek
request, the insured will bring "suit' or
ccntributicn from Thai other
transfer those rights to us and help us
insurance
enforce them- This condit.on does not
Parag-aphs (a) and (b) do not apply to
apply to Medical Expenses Coverage.
other insurance to which the additional
b. Waiver Of Rights Of Recovery (Waiver
insured has been added as an
Of Subrogation)
additional insured
:f the insured has waived any rights of
W
When this insurance is excess, we will
recovery against any person or
have no duly under this Coverage Part to
orgarizalion for all or part cf any payment,
defend the insured against any "suit' A any
including Supplementary Paymerls, we
other insurer has a duty To defend the
have made under this Coverage Part, we
insured against Inat 'soil' If no other
also wa ve that right, provided the insured
Insurer defends, we will undertake to do
waived the. r rights of recovery aga nst
so. but we will be entitled To the insured's
such person or organization in a cortract,
rights against all those other insurers.
agreement or permit that was executed
pre, to the injury or damage.
Form 33 00 08 04 ITS Page 17 of 24
BUSINESS LIABILITY COVERAGE FORM
F. OPTIONAL ADDITIONAL INSURED
COVERAGES
If listed or shown as applicable in the Dedaral:ons,
one o� more of the following Optional Addifonal
Insured Coverages also apply When any of these
Oplioral Additional Insured Coverages apply.
Paragraph 6. (Additional Insureds When Required
by Written Contract, Written Agreement or Permit)
of Section C., Who Is Ar Insured, does not apply
to the person or organization shown in the
Declarations These coverages are subject to the
tP"S and conditions applicable to Business
Liability Coverage in this policy, except as
provided below:
1. Additional Insured - Designated Person Or
Organization
WHO IS AN NSURED under Sector. C. s
amended to ' nclude as an additional insured
the person(s) or organizalion(s) shown in the
DBrlaraIK)ns, but only w-th respect to lab.lity
to' "bodily injury'. "properly damage' c-
"oersonal and advertising injury' caused, in
whole or in part. oy your acts or omissions or
tie acts or omissions of those acting on your
behalf:
a. In the perfor- -ance of your ongoing
operalions' or
b. In ronrectior wiM your premises owned
by or rented to you.
2. Additional Insured . Managers Or Lessors
Of Premises
a. WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the pemon(s) or organizations) shown in the
Declarations as an Additional Insured -
Designated Person Or Organization: but crtly
with respect to liability arising out of the
ownership, mau-tenarce cr use of that part of
the premises leased to you and shown in the
Declarations
b. With respect to t ^e insurance afforded to
these additional insureds, the following
addilioral exclusions apply:
This insurance does not apply to
(1) Any "occurrence" which takes place
aF.er you cease to be a lenart in tnal
Demises; or
(2) Stnrdural alterations, new
construction or demolition operations
performed by or on bwalf of such
Person or organization.
3. Additional Insured - Grantor Of Franchise
WHO IS AN INSURED under Section C. s
amended to include as an add bonal insured
the oerson(s) or organizations) shown in the
Declaratiors as an Additonal Insured -
G'antor (N Frnrch se. but only with respect to
their liability as grantor of franchise to you.
4. Additional Insured - Lessor Of Leased
Equipment
a. WHO IS AN INSURED under Section C. s
amended to include as an additional
nsured the persons) or organizetion(s)
shown in the Declarations as an Additional
Insured - Lessor of Leased Equipment.
out only with respect to liability for'Dodlly
niury'. "property damage' or 'personal
and adve.lisirg inju.y" caused, in whole or
.r part, by your rrairtenence, operation or
use of oquipr.en! leased to you by such
Darr. n(s)o-organizatioc(s).
b. With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to any *occurrence" which
takes place after you cease to lease that
equipment.
S. Additional Insured - Owners Or Other
Interests From Whom Land Has Been
Leased
a. WHO IS AN INSURED under Section C. is
amerded to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured — Owners Or Other nterests From
Whom Land Has Been Leased, but only
with respect to liability ans ng out of the
ownership, maintenance or use of that part
of the land leased to you and showr 'ri the
Declarations.
b. With respect to the irsurance afforded to
these additional insureds, the following
additional exclusions apply:
This insurance does not apply to:
tt) Any -occurrence" that takes Dlace
alter you cease to lease that land: or
(2) Str *jctural alterations, new
corstmction or demolition ope-eliors
performed by or or behalf of such
person or organization.
6. Additional Insured - State Or Political
Subdivision - Permits
a. WHO IS AN INSURED under Section C. s
amended to include as an additional
.r.sured the stale o. political subdivision
shown !n the Declarations as ar Additional
Page 18 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
Insured — State Or Political Subdivison -
(a) Any failure to make such
Permits, but only with respect to
ins Decfons. adjushnen1s, tests or
operations performed by you or on ym,
servicing as Me vendor has agreed
behalf 1nr which the state or political
to make or normally undertakes to
subdivision has issued a permit.
make in the usual course of
b. With respect to the insurance afforded In
busness, in oonnedon wth the
these additional insureds, the fellcwing
dishbct.,on or sale oft he products;
add tioral exclusions apply:
(f) Demorstralion. installation,
This insurance does not apply lo:
servicing o• repair operations,
except such operations performed
(1) 'Bodily ir•jury', "property damage' c'
at the vendor's premises in
'pe'sonal and advertising injury'
cornect:on with the sale of the
a�sing out of operations performed for
produrt
the state or municipality; or
(g) Products which, alts• distribution
(2) 'Bodily injury' or "property damage"
or sale you, navy been IaDeled
`rcluded in the "product- completed
or relabeled used a
b
operations" hazard.
r i of
conlainer, part or ingredient ct any
7. Additional Insured —Vendors
other thing or substance by or for
a. WHO IS AN INSURED under Section C. is
the vendor, or
amended to ndude as an additional
(h) "Bodily injury' or "property
insured the persons) or organizatior(s)
damage" arising oul of the sole
(referred to below as vendo,) shown n 11w
negligence of the venclor for its
Declarations as an Add tonal Insured -
awn acts or omissions or those of
Vendor, but only w1h respect to "bodily
its employees or anyone else
injury" or 'property damage" arising out of
acting on its behalf. However. !h-s.
"your products' whlcn a,e d slributed or
exdus on does not apply to:
sold in the reguillar course of the vendors
111 The exceptions wol(f)ed in
business and only if this Coverage Part
Subparagraphs (d) or (f); o'
provkles coverage to, 'Dodlly injury" c'
'property damage" included within the
(it) Such inspections,
'products- completed operations hazard'.
adjustments. tests or servicing
as the vendor has agreed to
b. T"e insurance afforded to the vendor is
make or nornally underta <es
subject !o the following additional exdus ons:
to make in the usual course of
(1) T"is insurance does not apply lo:
business, in connection with
(a) 'Bodily injury' or " property
the distribul'on or sale of the
damage for which the vendor is
poducts.
obligated In pay damages by
(2) This insurance does not apply to any
reason of the assumDlior of
irsured person or organization from
liability in a contract or agreemer!.
whom you have acquired such
This exclusion does not apply to
produrs, o- any ingredient, part or
liability for damages that the
container, ertering into.
vendor would have in the abserce
accompanying or rontaining such
of the contract o• agreement;
products.
(b) Any express warranty
8. Additional Insured — Controlling Interest
unauthorized by you;
WHO IS AN INSURFD under Section C. is
(e) Any physical or chemical change
amended to include as an additional insured
in the prortirt made intentionally
the person(s) or organization(s) shown in the
by the vendor;
Declarations as an Additional Insured —
(d) Repackaging, unless unpacked
Controlling Interest, but only with respect to
sclay for the purpose of inspection,
their liability arising out of:
demonstration, testing, nr the
a. I heir financial control of you: or
substhdion of parts under
b. Premises they own. maintain or control
instructicxos from the nanufaclure,,
while you lease or occupy these premises.
and Inert repackaged in the original
container,
Form SS 00 08 04 05 Page 19 of 24
BUSINESS LIABILITY COVERAGE FORM
This insurance does not apply to structural
altaratcns, new construction and demolition
operations oerfcrmed by or for that person cr
organization.
9. Additional Insured - Owners, Lessees Or
Contractors - Scheduled Person Or
Organization
a. WHO IS AN INSURED under Section C. is
amended to include as ar± additional
insured the person( %) or organizauor(s)
shown in the Declarations as an Additional
Insured - Owner, Lessees Or Contractors,
but orly with respect to liab;hty for *bodily
injury". "prcpe-ly 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 you:
behalf,
(1) in the performance of your ongoirg
operalions for the addihonnl
insured(s). or
(2) :n connection with "your wc�k"
performed for that additional insured
and included wilnin the "oroducts-
compleled operations hazard -. 'out
only if this Coverage Part provides
coverage for 'bodily inrury' cr
'property damage" included wean Ire
'produclscomplotod operations
hazard'.
b. With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to "bodily injury", "property
damage" or 'personal an advertsing
injury' ae.s.ng out of t.ne rendering of, or
the failure to render, ary professional
architectural. engineering c• surveying
services, induding:
(1) The preoarng, approving. or failure to
prepare o- approve, maps, shop
drawings, opinions. reports. surveys,
field orders, change o"ders, designs or
drawings and specifications; or
(2) Supervisory, inspection, archnectu,al
or engineering activities.
10. Additional Insured - Co-Owner Of Insured
Premises
WHO IS AN INSURED under Sector. C. is
amended to include as an additional insured
the person(s) or O•gonization(s) shown ie tho
Declarations as an Additional Insured - Cc-
Owner Of Irsured Premises. but only wiln
respect to lhe'.., liability as co -owner of the
premises shown '^ the Dedwations
The limas of ' nsurance that apply lc addifnal
insureds are described in Section D. - Limits Of
Insurance.
How tiis insurance applies when other insurance
is ava'lahle to an additional insured is desc ^load in
IhA Other Insurance Conditinn in Section E. -
Liabdily And Medical Expenses General
Ccrdilions
G. LIABILITY AND MEDICAL EXPENSES
DEFINITIONS
1. 'Adve tisemert" means the widespread pubs c
dissemination of irfcrmafon or images that
has the purpose of inducing the sale of goods,
products or services through:
a. (1) Radio:
(2) Televis'.on:
(3) Billboard;
(4) Magaz.ne.
(5) Newsaaper,
b. The Internet, but oily that part of a web
site !hat is about goods, products or
services for the purposes of inducing the
sale of goods, products or services; or
c. Any olrer publication that is given
widespread public distribution.
However. "advertisement" does not include.
a. The design, printed material. information
or images contained in, on or upon the
packaging o' labeling of any goods o"
9roducts: or
It. An interactive oonversalion between or
arang persons through a computer network
2. "Adve-lising ijea' means any idea for an
"advertisement ".
3. 'Asbestos hazard" means an exposure or
threat cf exposure tc Lie actual or alleged
Dro Deflies of asbesk)s and induces the mere
presence of asbestos in any f0-m.
4. 'Auto" means a land motor vehicle, trailer or
semi - trailer designed to" trave on public
roads, 'indicting any attacned machinery or
equipmerl But 'auto" does not 'ndude
"mcoile equipment'
3. "Bodily `n.ury" means physical:
a. In Jury;
It. Sickness:or
e. Oiseasp
sustained by a person and, if arising out of the
above, mental anguish or death at any lime.
8. 'Coverage tenilo"y" reans:
Page 20 of 24 Forth SS 00 08 04 05
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT -CALIFORNIA
Policy Number: 72 WBC NT 5 * 0C Endorsement Number: 04
EHective Date: 01/22/70 Effective hour Is the same as stated on the Inlormalson Page of the policy.
Named Insured and Address: ID NOUELTNC, :NC.
100 N. LAKE AVE. STE 230
PASADENA. CA 9 'c10_
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in
the work described in the Schedule.
The additional premium for this endorsement shall be
premium otherwise due on such remuneration.
Person or Organization
HARRIS 6 ASSOCIATES, INC.
34 EXECUTIVE PARK STEE 150
IRVINE CA 92614 -4705
SOUTH COAST WATER DISTRICT
31592 WEST STRRRT
LAGUNA BEACH, CA 92651
CITY OF NEWPORT R'ArN
3300 NEWPORT BLVD,
NEWPORT BEACH, CA 92663
SCHEDULE
% of the California workers' compensation
Job Description
LOC 01 -04 -04
LOC 0134 -05
Countersigned by
Authorized Representative
Form WC D4 03 06 (1) Printed in U.S.A.
Process Date: 0- /25/10
Policy Expiration Date: 01/06/11
('r
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT WITH
ID MODELING, INC. FOR
HYDRAULIC MODELING SERVICES, INC.
THIS AMENDMENT O. ONE PROFESSIONAL SERVICES AGREEMENT,
is entered into as of this day of 4MW, 2010, by and between the CITY
OF NEWPORT BEACH, a Municipal Corporatio ("CITY"), and ID MODELING, INC., a
California Corporation whose address is 300 North Lake Avenue, Suite 230, Pasadena
California 91101 ("CONSULTANT"), and is made with reference to the following:
RECITALS:
A. On November 20, 2008, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT," to perform
hydraulic modeling services for the City's existing water system, hereinafter
referred to as "PROJECT."
B. CITY desires to enter into this AMENDMENT NO. ONE to extend the term of the
AGREEMENT to December 31, 2011.
C. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. ONE," as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of the AGREEMENT shall be extended to December 31, 2011.
2. COMPENSATION
City shall pay Consultant for the services on a time and expense not -to -exceed
basis in accordance with the Schedule of Billing Rates attached hereto as Exhibit
A. Consultant's total compensation for all work performed shall remain Thirty
Thousand Dollars and no/100 ($30,000.00).
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO.
ONE on the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
ynett amp,
Assistant City torney
ATTEST:
r
By: "t4—�
Leilani I. Brown,
City Clerk
Attachment:
CITY OF NEWPORT BEACH,
A Municipal Corpoo
ion
Ste �� Badum,
P b orks Director
ID MODELING, INC.:
FoRN�.
y: — (Z--�
,Paul auffen,
President and Chief Financial Officer
Exhibit A — Schedule of Billing Rates
1►
EXHIBIT A
Exhibit A - Fee Schedule
Client/Address: City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
Project Name: As -Needed Hydraulic Model Services
Effective Date: January 1, 2010 — December 31, 2011
Fee Schedule
Personnel Compensation
Classification Hourly Rate
Program Director ........
Principal Technologist
Technical Advisor .......
Project Manager .........
Senior Project Modeler
Project Modeler ..........
Word Processing ........
Project Accountant .....
The above Hourly Rates include normal and incidental costs such as routine communications,
postage and office supplies.
The foregoing Schedule of Hourly Rates may be revised due to labor adjustments. These revisions
may apply at the beginning of each new calendar year following execution of the project contract.
Direct Expenses
Reimbursement for direct expenses, as listed below, incurred in connection with work, will be at
cost plus ten percent for items such as:
a. Maps photographs, reproductions, printing, equipment rental, and special supplies related to
the work.
b. Outside computer processing, computation, and proprietary programs purchased for the
work.
Other in-house charges for prints and reproduction, equipment usage, etc. will be billed at standard
company rates.
Excise and gross receipts taxes, if any, will be added as a direct expense.
O IF
IDModel ing
observe model improve '
w �Y
l "
�— AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT WITH
ID MODELING, INC.
FOR HYDRAULIC MODELING SERVICES, INC.
THIS AMENDMENT_ .,, O PROFESSIONAL SERVICES AGREEMENT,
is entered into as of this ay C+v ,e/ , 2009, by and between the CITY
OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and ID MODELING, INC., a
California Corporation whose address is 300 North Lake Avenue, Suite 230 Pasadena,
California 91101 ( "CONSULTANT'), and is made with reference to the following:
RECITALS:
A. On November 20, 2008, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT," to perform
hydraulic modeling services for the City's existing water system, hereinafter
referred to as "PROJECT."
B. CITY desires to enter into this AMENDMENT NO. ONE to extend the term of the
AGREEMENT.
C. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. ONE," as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of the AGREEMENT shall be extended to December 31, 2011.
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO.
ONE on the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
ynett . Bea0c amp,
Assistahl City Attorney
ATTEST:
By: 1 1'-
Leilani I. Brown,
City Clerk
2
CITY OF NEWPORT BEACH,
A Municipal Corporation
Kphen G. Badum,
ublic Works Director
ID MODELING, INC.
By:
Paul Hau en,
President and Chief Financial Officer