HomeMy WebLinkAboutInnovyze Inc; 2020-02-27; PSA20-989UTILPSA20-989UTIL
General Counsel Approved Version 6/12/18
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AGREEMENT FOR WATER MODELING SERVICES
INNOVYZE
THIS AGREEMENT is made and entered into as of the ______________ day of
___________________, 2020, by and between the CARLSBAD MUNICIPAL WATER DISTRICT,
a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of
the City of Carlsbad, ("CMWD"), and INNOVYZE, INC., a Delaware corporation, ("Contractor").
RECITALS
A. CMWD requires the professional services of a consultant that is experienced in
water modeling.
B. Contractor has the necessary experience in providing professional services and
advice related to water modeling.
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. 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 thirty four thousand nine hundred and ninety dollars ($34,990). 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 thirty four
thousand nine hundred and ninety dollars ($34,990) 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".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
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6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of CMWD. Contractor will
be under control of CMWD only as to the result to be accomplished but will consult with CMWD
as necessary. The persons used by Contractor to provide services under this Agreement will not
be considered employees of CMWD for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. CMWD will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD will not
be required to pay any workers' compensation insurance or unemployment contributions on
behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify CMWD
and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social security,
overtime payment, unemployment payment or workers' compensation payment which CMWD
may be required to make on behalf of Contractor or any agent, employee, or subcontractor of
Contractor for work done under this Agreement. At CMWD’s election, CMWD may deduct the
indemnification amount from any balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of
CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to
CMWD for the acts and omissions of Contractor's subcontractor and of the persons either directly
or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons
directly employed by Contractor. Nothing contained in this Agreement will create any contractual
relationship between any subcontractor of Contractor and CMWD. Contractor will be responsible
for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor
of a subcontractor by the terms of this Agreement applicable to Contractor's work unless
specifically noted to the contrary in the subcontract and approved in writing by CMWD.
8. OTHER CONTRACTORS
CMWD reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless CMWD and the City of Carlsbad, their officers,
officials, employees and volunteers from and against all claims, damages, losses and expenses
including attorney’s fees arising out of the performance of the work described herein caused by
any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone
directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney’s fee, costs or expense CMWD or the
City of Carlsbad incurs or makes to or on behalf of an injured employee under the their self-
administered workers’ compensation is included as a loss, expense or cost for the purposes of
this section, and that this section will survive the expiration or early termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor’s
agents, representatives, employees or subcontractors. The insurance will be obtained from an
insurance carrier admitted and authorized to do business in the State of California. The insurance
carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus
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line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating
in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by
the National Association of Insurance Commissioners (NAIC) latest quarterly listings report.
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below, unless the
Risk Manager or Executive Manager approves a lower amount. These minimum amounts of
coverage will not constitute any limitations or cap on Contractor's indemnification obligations
under this Agreement. CMWD, its officers, agents and employees make no representation that
the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are
adequate to protect Contractor. If Contractor believes that any required insurance coverage is
inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems
adequate, at Contractor's sole expense. The full limits available to the named insured shall also
be available and applicable to CMWD as an additional insured.
10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an
“occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per
occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's
work for CMWD). $2,000,000 combined single-limit per accident for bodily injury and property
damage.
10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation
limits as required by the California Labor Code. Workers' Compensation will not be required if
Contractor has no employees and provides, to CMWD's satisfaction, a declaration stating this.
10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s
profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a
period of five years following the date of completion of the work.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
10.2.1 CMWD will be named as an additional insured on Commercial General
Liability which shall provide primary coverage to CMWD.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability,
which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and any
extensions of it and will not be canceled without thirty (30) days prior written notice to CMWD sent
by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this
Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then CMWD will have the option to declare Contractor in breach or may purchase
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replacement insurance or pay the premiums that are due on existing policies in order to maintain
the required coverages. Contractor is responsible for any payments made by CMWD to obtain or
maintain insurance and CMWD may collect these payments from Contractor or deduct the amount
paid from any sums due Contractor under this Agreement.
10.5 Submission of Insurance Policies. CMWD reserves the right to require, at anytime,
complete and certified copies of any or all required insurance policies and endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of CMWD
during normal business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of CMWD. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to CMWD. Contractor will have the right to make one (1) copy
of the work product for Contractor’s records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in CMWD and
Contractor relinquishes all claims to the copyrights in favor of CMWD.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written notice
on behalf of CMWD and on behalf of Contractor under this Agreement.
For CMWD For Contractor
Name Stephen Kash Name Erin Breen
Title Senior Engineer Title 605 E. Huntington Drive, Suite 205
Carlsbad Municipal Water District Address 605 E. Huntington Drive, Suite 205
Address 5950 El Camino Real Monrovia, CA 91016
Carlsbad, CA 92008 Phone 626-272-2842
Phone 760-603-7350 E-mail erin.breen@innovyze.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.
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16. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all categories.
Yes No
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations
which in any manner affect those employed by Contractor, or in any way affect the performance
of the Services by Contractor. Contractor will at all times observe and comply with these laws,
ordinances, and regulations and will be responsible for the compliance of Contractor's services
with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants that the services required
by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not otherwise settled by agreement
between the parties. Representatives of Contractor or CMWD will reduce such questions, and
their respective views, to writing. A copy of such documented dispute will be forwarded to both
parties involved along with recommended methods of resolution, which would be of benefit to
both parties. The representative receiving the letter will reply to the letter along with a
recommended method of resolution within ten (10) business days. If the resolution thus obtained
is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the
Executive Manager. The Executive Manager will consider the facts and solutions recommended
by each party and may then opt to direct a solution to the problem. In such cases, the action of
the Executive Manager will be binding upon the parties involved, although nothing in this
procedure will prohibit the parties from seeking remedies available to them at law.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CMWD may
terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination. If CMWD decides to abandon or indefinitely postpone the work or services
contemplated by this Agreement, CMWD may terminate this Agreement upon written notice to
Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any
documents owned by CMWD and all work in progress to CMWD address contained in this
Agreement. CMWD will make a determination of fact based upon the work product delivered to
CMWD and of the percentage of work that Contractor has performed which is usable and of worth
to CMWD in having the Agreement completed. Based upon that finding CMWD will determine the
final payment of the Agreement.
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Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event and upon request of CMWD, Contractor will assemble the work product
and put it in order for proper filing and closing and deliver it to CMWD. Contractor will be paid for
work performed to the termination date; however, the total will not exceed the lump sum fee
payable under this Agreement. CMWD will make the final determination as to the portions of tasks
completed and the compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or violation
of this warranty, CMWD will have the right to annul this Agreement without liability, or, in its
discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full
amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD must
be asserted as part of the agreement process as set forth in this Agreement and not in anticipation
of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is
submitted to CMWD, it may be considered fraud and Contractor may be subject to criminal
prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.,
the False Claims Act applies to this Agreement and, provides for civil penalties where a person
knowingly submits a false claim to a public entity. These provisions include false claims made
with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
information. If CMWD seeks to recover penalties pursuant to the False Claims Act, it is entitled to
recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a
false claim may subject Contractor to an administrative debarment proceeding as the result of
which Contractor may be prevented to act as a Contractor on any public work or improvement for
a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is
grounds for CMWD to terminate this Agreement.
23. JURISDICTION AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the
County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon CMWD and
Contractor and their respective successors. Neither this Agreement nor any part of it nor any
monies due or to become due under it may be assigned by Contractor without the prior consent
of CMWD, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, along
with the purchase order for this Agreement and its provisions, embody the entire Agreement and
understanding between the parties relating to the subject matter of it. In case of conflict, the terms
of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions
may be amended, modified, waived or discharged except in a writing signed by both parties.
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26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized under
the Municipal Water Act of 1911, and a
Subsidiary District of the City of Carlsbad
INNOVYZE, INC., a Delaware corporation
By: By:
(sign here) Vicki V. Quiram, General Manager
as authorized by the Executive Manager Michael McGuire, Senior Vice President
(print name/title)
By:
(sign here)
Mark Cuny, CFO
(print name/title)
If required by CMWD, proper notarial acknowledgment of execution by contractor must be
attached. If a corporation, Agreement must be signed by one corporate officer from each of the
following two groups.
Group A Group B
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, General Counsel
By: _____________________________
Deputy General Counsel
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EXHIBIT “A”
SCOPE OF SERVICES
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SCOPE OF SERVICES
InfoWater Pro Model Build
The objective of this project is to build an accurate, working up-to-date steady state InfoWater Pro model using GIS pipe and node information, the City’s existing hydraulic model, and other available pump, tank,
well, reservoir, and control valve information.
The following information is assumed to be available and will be used in the development of the new hydraulic model of the City’s water distribution system.
A.Water GIS data in geodatabase format: The water GIS consists of hydraulic infrastructure dataincluding the following layers: pipes, system valves, control valves, fittings, meters, lateralpoints, lateral lines, and hydrants. Other data related to infrastructure facilities that is desired tobe included in the model (i.e. tanks, reservoirs, pumps) shall be flagged as such by the City staff.
Note: All input data used in the InfoWater Pro model will be flagged with its original datasource. Where data is necessary but not available from the GIS, Innovyze will assume values andthey will be flagged as “assumed”. A report of all instances where Innovyze assumed data willbe provided to the City.
B.Existing hydraulic model: The existing model is in InfoWater format.
C.Non-GIS Data: Other non-GIS data is necessary for model construction and will be providedby the City. This includes various SCADA data, detailed drawings of all pumps and pumpstations, detailed facility layouts of tanks, wells, and regulating stations, and possibly additionaldata to be determined.
D.Metered customer consumption data in spreadsheet format.
E.Other GIS Data Layers: This data will be used as reference data to provide a more realistic modeland includes land use polygons, streets, parcels, buildings, waterways, and other data desiredfor inclusion to the model by the City.
At the outset of the project, Innovyze will schedule a kickoff meeting via conference call. The key goals of this meeting are to:
•Introduce the Innovyze project manager and team.
•Review project objectives, scope and schedule.
•Review/exchange updated water system data, GIS data files, available model information, andrelated documentation.
•Identify and clarify current and future uses of the hydraulic models.
To ensure maximum success, City staff members from each engineering department, planning, and
operations & maintenance departments are recommended for attendance. Innovyze will provide meeting minutes summarizing items discussed at the kickoff meeting.
EXHIBIT A
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Task 1: Existing Systems Review
Following the kickoff meeting, Innovyze will perform a thorough review of the City’s GIS and other
available data, focusing on connectivity, attributes, and suitability of bringing the existing pipe and node data into InfoWater Pro. To achieve a sustainable, repeatable GIS-to-model connection, the City’s GIS data may require revisions to support hydraulic modeling. Task 1 will result in the identification of any
revisions that may be needed and allow an opportunity for the City to address those revisions.
The review will consider the various facilities in the GIS including mains, valves, and hydrants. The review will also examine the existence of unique IDs for features in the model. Existing data fields in the GIS will
be reviewed and a list of fields to be imported to the new model plus any additional fields that are recommended for future use will be generated.
The Task 1 review will include the following:
•Unique IDs. Unique identifiers are mandatory for a hydraulic model and should be a non-changingand non-indexed field.
•Connectivity. The GIS data will be evaluated against strict hydraulic modeling requirements. Thisstep is crucial in the development of a sustainable GIS-model connection. Connectivity issues
typically include: pipes that cross but do not connect, tees that do not break perpendicular lines,parallel and potentially duplicate pipes and nodes, orphan nodes (no connecting pipes), orphanpipes (no connecting nodes), and partial connectivity (each pipe must have one upstream and one
downstream “connected” node).
•Element Definitions. For example, check valves are typically stored in GIS as a node where in amodel they are stored as an attribute of a pipe.
•Pipe Directionality. When connecting to pumps or control valves, each element must have at leastone pipe in and one pipe out, and they must be in the proper direction.
A web presentation and conference call will be held with City staff to establish specifically what level of detail will be imported into the model. The following are example discussion topics that will be discussed
and decided. Innovyze will provide pros and cons to assist the City’s decision.
•Isolation valves: Should they be included or not?
•Fire Hydrants: Include in the model with laterals, at hydrant tees, or at the closest model nodes?
•Other informational attributes desired – pressure zone, year of installation, description, etc.
A technical memorandum (TM1) will be provided summarizing any issues found in the GIS data and recommendations to address those issues. One or more shapefiles showing the exact location of connectivity problem areas will be created by Innovyze and provided to the City to simplify the review
process.
The City will modify/revise their GIS information and resubmit the data to Innovyze for a second data review. Two reviews and two City checks are anticipated, but not necessarily required, and a minimum of
one conference call will be held to enhance understanding of the City’s modeling needs with respect to the GIS data. A second report (TM2) will be provided to document any remaining issues and actions that will be taken to resolve problems.
Note – Connectivity issues discovered after the second data review will be corrected in the new model by Innovyze, and included in the documentation. During the final training workshop these remaining issues
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will be highlighted and discussed, and Innovyze will provide guidance on addressing similar issues in the future.
Once the final GIS data set is provided, as agreed upon by both Innovyze and the City, Task 1 will be considered finished and Task 2 will begin.
Task 2: InfoWater Pro Network Build
Using the data reviewed in Task 1, a new InfoWater Pro model will be created based upon current GIS lines and points. The InfoWater Pro GIS Gateway feature will be utilized to set up GIS Exchange Clusters to import pertinent GIS data to the model database. Any outstanding connectivity issues discovered after Task
1 are typically minor, and will be fixed or addressed in the new model and documented as part of the final report.
Figure 1 – InfoWater Pro GIS Gateway Feature Example
Figure 2 – GIS Exchange Cluster Example
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Elevations will be assigned to the model junctions using the InfoWater Pro Elevation Extractor and will be based on data provided by the City. Consultation will be provided regarding recommended data format and
level of accuracy.
Demands will be assigned based on actual historical usage information. It is anticipated that Innovyze will utilize the meter feature class (MeterGeocoded) already provided by the City joined with the billing database. This layer will be used along with the InfoWater Pro Demand Allocator module to allocate demands to the model nodes. The closest pipe method, or similar acceptable method, will be employed to allocate the demands in a spatially-accurate manner. The top ten major water users will be individually reviewed to ensure proper demand allocation.
Sources of data in the new InfoWater Pro model will be noted for tracking purposes. For example, new junctions where no existing feature exists in the GIS or old model will be noted as “New Junction” in the InfoWater Pro database so the City will know the information was not in the original GIS.
The necessary connections to GIS layers will be part of the delivered model file to support future automated
model updates. Task 2 will be considered complete once all GIS data, elevations, and demands have been included in the new model.
Task 3: Model Development and Validation
The City’s legacy model will be provided has provided multiple existing hydraulic models in InfoWater Pro format. This “legacy” model will be overlaid with the new model for various merging purposes.
The new model will be populated with non-GIS data from the legacy model. Items to be populated include: pumps, tanks, pump controls and curves, initial status, and other items as needed to achieve a running model. All simulation options and report options will be transferred to the new model to allow continuity to the extent possible.
The legacy model will also be referenced to help address connectivity issues around boundary elements including pump stations, control valves, and tanks and reservoirs. Generally, these elements are simplified in the GIS for cartographic purposes and additional detail is required to properly model their behavior.
Resolving these differences typically involves Innovyze manually digitizing suction and discharge pipes in the model, and marking them as “non-updateable” from the GIS so 1 to 1 connectivity can be maintained for all other elements.
Pipe roughness coefficients (C-factors) will be assigned to the new model pipes based on the legacy model data. Roughness from legacy model pipes will be assigned to new model pipes based on spatial relationship. As such, there may be pipes in the new model with no corresponding pipe in the legacy model. For these cases, Innovyze will assign an assumed global roughness factor of 115.55 to indicate no engineering analysis was performed, and serve as a data flag so the City can modify the assumed roughness factors at a
later date.
Innovyze will verify results of the InfoWater Pro model with results from the legacy model. Verification will check that the new InfoWater Pro model results – pressures and flows – reasonably agree with the legacy model or with SCADA data provided by the City. There may be areas where close collaboration with City staff will be necessary to achieve proper model validation. Data to be referenced for this verification effort includes:
•InfoWater Pro model created by Innovyze from the GIS and other data
•Manufacturer pump curves
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•Excel spreadsheets containing tank capacities and elevations
A draft version of the constructed model will be provided to the City for review and comment. Innovyze will arrange a web presentation (if necessary) to illustrate key model points. One set of edits will be completed based on comments from the review. The necessary connections to GIS layers will be part of
the delivered model file to support future automated model updates.
This scope of work does not include calibration, which is a much more intensive effort involving collection and analysis of field data and applied engineering knowledge. Once all data has been assigned to the model, it can simulate with no critical errors, and has a reasonably close agreement with legacy model Task 3 will be considered complete and Task 4 will begin.
Task 4: Documentation and Knowledge Transfer
Once Task 3 has been completed, the draft InfoWater Pro model will be provided to the City for review and comment. Innovyze will arrange a web presentation to illustrate key model points and prepare for the Workshop.
Innovyze will submit a Project Summary Report (TM3) describing all work completed, assumptions made, and recommended steps for future applications and maintenance of the model. The report will be provided prior to the training workshop to allow review time by City staff. One set of edits will be
completed following receipt of comments and a final report will be submitted.
The final report will include information on:
•Datasets used and the fields imported from each dataset.
•Techniques used for importing data from the GIS into the model.
•Areas where data in the model differs from that in the GIS.
•Techniques used to check the data and what kinds of corrections were made.
•List of data queries and query sets created to assist in the model build.
•Demand allocation procedure.
•Missing data that was assumed to achieve a running hydraulic model.
Innovyze will also create a Model Update Manual to enable fast and reliable model updates. The update
procedures will be created by an experienced Innovyze modeling specialist, and checked by a full QA\QC process to ensure clear instructions and successful use. The Model Update Manual will include the following five topics:
1. Preparing the model to be updated.
2. Importing new features from GIS.
3. Updating existing features.
4.Deleting abandoned features.
5. Achieving a running model.
Finally, to ensure successful implementation of the new InfoWater Pro model, one training workshops will be provided – a one-day hands-on model transfer workshop will be held to transfer the new InfoWater Pro model and review the model build process.
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The model transfer workshop will be attended in person by an Innovyze representative, and will be held at the City’s location. During the workshop, Innovyze will guide City staff through the procedures followed
in the first three tasks and will perform testing of the GIS-model connection, and re-mapping required filenames and paths to support future model updates. By the end of the workshop, City staff will have been exposed to the step-by-step process for future model updates. Innovyze will be able to make general recommendations for the City to address any unresolved issues. As part of the model workshop, Innovyze will provide temporary InfoWater Pro licenses as required for up to eight City trainees at no additional cost. The City will be responsible for providing computers and ArcGIS software licenses.
Deliverables:
•GIS Connectivity Reports (TM1 and TM2) and associated shapefile(s).
•Task 1 web presentation agenda and PowerPoint slides.
•InfoWater Pro model & database.
•Project Summary Report (TM3).
•Model Update Manual.
•Workshop agenda & materials.
•Training agenda and materials.
Exclusions:
The following items are not included in this scope of work:
•Development of more than one scenario.
•Extended period simulations.
•Model calibration.
•Field verification of modeling data (such as material, diameter, etc).
•Verification of the accuracy of connections between pipes within the model that have been madeduring the model creation process (no checking as-built plans).
•Provision of computers and ArcGIS software for the Knowledge Transfer Workshop and BasicTraining.
•InfoWater Pro software
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Innovyze | Implementation Services Page 8 of 8
THE DELIVERABLES DEVELOPED HEREUNDER ARE BASED SOLELY ON THE DATA MADE AVAILABLE TO INNOVYZE. INNOVYZE HAS NO LIABILITY OR RESPONSIBILITY FOR ACCURACY, COMPLETENESS, OR CORRECTNESS OF ANY DATA PROVIDED. THE CITY OF CARLSBAD PUBLIC WORKS RECOGNIZES THAT THE ELECTRONIC DATA FILES MAY NOT BE ADEQUATE AND ARE SUSCEPTIBLE TO ERROR AND CORRUPTION.
Acceptance
Pricing
Implementation and Support Fees, by Project Task
InfoWater Pro Water Distribution Model Setup
Task 1 – Existing System Review $ 9,000 Task 2 – InfoWater Pro Network Build $ 5,000 Task 3 – Model Development and Validation $ 10,000
Task 4 – Documentation and Knowledge Transfer $ 10,990 Total $ 34,990
- All work included in this contract and future contracts will be provided as lump sum estimates
-Lump sum costs for specific project phases and daily cost estimates shown above include all applicable
travel and expenses.
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Policy Number: COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BROAD FORM GENERAL LIABILITY ENDORSEMENT
TECHNOLOGY COMPANIES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
This endorsement extends certain coverages. The following listing and the headers in this endorsement are only for
convenience. Provisions in this endorsement might be modified by other endorsements. Read the entire policy
carefully to determine rights, duties and what is and is not covered.
A. Section I Coverages
1. Expected or Intended Injury
(Property Damage)
2. Non-Owned Aircraft and
Watercraft Under 55 Feet
3. Broadened Property Damage
Rented Premises, Borrowed Equipment and
Use of Elevators
4. Personal and Advertising Injury Exclusions
a. Insureds in Media and
Internet Type Businesses
b. Electronic Chatrooms or Bulletin Boards
5. Medical Payments
Increased Limits and Time Period
6. Product Recall Expense Coverage
7. Supplementary Payments
Cost of Bail Bonds and Loss of Earnings
B. Section II Who is an Insured
1. Broadened Named Insured
2. Additional Insured Broad Form Vendor
3. Additional Insured Written Contract,
Agreement, Permit or Authorization
4. Incidental Malpractice by Employed
Physicians, Nurses, EMTs and Paramedics
5. User of Covered Watercraft
6. Newly Acquired or Formed Organizations
C. Section III Limits of Insurance
Aggregate Limit Per Location
D. Section IV Commercial General
Liability Conditions
1. Duties in Event of Occurrence, Offense,
Claim or Suit
2. Waiver of Subrogation When Required by
Written Contract or Agreement
E. Section V Definitions
1. Bodily Injury Includes Mental Anguish
2. Coverage Territory Worldwide
3. Mobile Equipment Self-Propelled Snow
Removal, Road Maintenance and Street
Cleaning Equipment Less than 1,000 Pounds
Gross Vehicle Weight
A. Section I Coverages
1. Expected or Intended Injury (Property Damage)
The following is added to Exclusion 2.a. Expected Or Intended Injury of Section I Coverages
Coverage A Bodily Injury and Property Damage Liability:
This exclusion does not apply to property damage resulting from the use of reasonable force to protect
persons or property.
2. Non-Owned Aircraft and Watercraft Under 55 Feet
a. The following is added to Exclusion 2.g. Aircraft, Auto or Watercraft of Section I Coverages
Coverage A Bodily Injury and Property Damage Liability:
This exclusion does not apply to an aircraft that is:
(a) Hired, chartered or loaned with a paid crew; and
(b) Not owned by any insured.
b. The following replaces Exclusion 2.g.(2)(a) of Section I Coverages Coverage A Bodily
Injury and Property Damage Liability:
(a) Less than 55 feet long; and
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E-INSURED
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c. The following is added to Paragraph b.(1) in Paragraph 4. Other Insurance of Section IV
Commercial General Liability Conditions:
This insurance is excess over any of the other valid and collectible insurance available to the
insured that provides coverage for aircraft or watercraft not owned by any insured, whether such
insurance is primary, excess, contingent or on any other basis.
3. Broadened Property Damage Rented Premises, Borrowed Equipment and Use of Elevators
a. The following is added to Exclusion 2.j. Damage To Property of Section I Coverages
Coverage A Bodily Injury and Property Damage Liability:
Paragraph (1) of this exclusion does not apply to rent or
temporarily occupy with permission of the owner.
Paragraph (4) of this exclusion does not apply to property damage to equipment you borrow while
at a job site if the equipment is not being used by anyone to perform work or operations at the time
of loss.
Paragraphs (3), (4) and (6) of this exclusion do not apply to property damage arising out of the use
of elevators at premises you own, rent, lease or occupy.
b. The following replaces Paragraph 6. of Section III Limits Of Insurance:
6. Subject to Paragraph 5. above, the Damage to Premises Rented to You Limit shown in the
Declarations is the most we will pay under Coverage A
any one premises while rented to you or occupied by you with permission of the
owner. If a Damage to Premises Rented to You Limit is not shown in the Declarations, that Limit
will be $500,000.
c. The following is added to Paragraph b.(1) of Paragraph 4. Other Insurance of Section IV
Commercial General Liability Conditions:
This insurance is excess over any of the other valid and collectible insurance available to the
insured that provides coverage for real property you rent or temporarily occupy with the permission
of the owner, borrowed equipment or use of elevators, whether such insurance is primary, excess,
contingent or on any other basis.
4. Personal and Advertising Injury Exclusions
a. Insureds in Media and Internet Type Businesses
The following replaces Exclusion 2.j. Insureds In Media And Internet Type Businesses of
Section I Coverages Coverage B Personal and Advertising Injury Liability:
(1) Advertising, broadcasting, publishing or telecasting; or
(2) Designing or determining content of web sites for others.
However, this exclusion does not apply to Paragraphs 14.a., b. and c. of "personal and advertising
injury" under the Definitions section.
For the purposes of this exclusion, the placing of frames, borders or links, or advertising for you, is not
by itself considered the business of advertising, broadcasting, publishing or telecasting.
b. Electronic Chatrooms or Bulletin Boards
The following replaces Exclusion 2.k. Electronic Chatrooms Or Bulletin Boards of Section I
Coverages Coverage B Personal and Advertising Injury Liability:
"Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured
hosts, owns or maintains for others.
5. Medical Payments Increased Limits and Time Period
The following provisions are modified only if Coverage C is not otherwise excluded by the provisions of
this Coverage Part or any endorsement.
a. The following replaces Paragraph a.(3)(b) in Paragraph 1. Insuring Agreement of Section I
Coverage C Medical Payments:
(b) The expenses are incurred and reported to us within three years of the date of the accident; and
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b. The following is added to Paragraph 7. of Section III Limits Of Insurance:
The Medical Expenses Limit for Coverage C is the greater of $15,000 per person or the amount
shown in the Declarations.
6. Product Recall Expense Coverage
a. The following is added to Section I Coverages:
Product Recall Expense Schedule
Product Recall Aggregate Limit $ 50,000
Each Product Recall Limit $ 25,000
Each Product Recall Deductible $1,000
The limits and deductible in this Schedule apply to
Product Recall Expense Coverage unless other
amounts are shown in the Declarations.
PRODUCT RECALL EXPENSE COVERAGE
We will pay product recall expense incurred by you or on your behalf for a covered recall to
which this insurance applies. This insurance applies to product recall expense for a covered
recall that takes place in the coverage territory and during the policy period. The amount we will
pay for product recall expense is limited as described in Section III Limits Of Insurance.
We will only pay the amount of product recall expense in excess of the Each Product Recall
Deductible shown in the Schedule above. You must pay the Each Product Recall Deductible for
each covered recall that is initiated.
b. The following is added to Section III Limits Of Insurance:
The Product Recall Aggregate Limit shown in the Schedule above is the most we will pay for the
sum of all product recall expense incurred for all covered recalls initiated during the policy period.
Subject to the Product Recall Aggregate Limit, the Each Product Recall Limit shown in the Schedule
above is the most we will pay for all product recall expenses arising out of any one covered recall
for the same defect or deficiency.
c. The following is added Section IV Commercial General Liability Conditions:
Duties In The Event Of Covered Recall
1. You must report a covered recall to us as soon as practicable and no later than 30 days after
you discover or are made aware of such recall.
2. ake a payment, assume any
obligation, or incur any expense, other than for first aid, without our consent.
3. You must see to it that the following are done as soon as practicable after an actual or
anticipated covered recall that may result in product recall expense :
(a) Give us notice of any discovery or notification that your product must be withdrawn or
recalled, including a description of your product and the reason for the withdrawal or
recall;
(b) Cease any further release, shipment, consignment or any other method of distribution of
such product, as well as any similar products, until it has been determined that all such
products are free from defects that could result in product recall expense ;
(c) As often as may be reasonably required, permit us to:
(1) Inspect your product and take damaged and undamaged samples of your products
for inspection, testing and analysis; and
(2) Examine and make copies from your books and records;
(d) Within 60 days of our request and providing you the necessary forms, send us a signed,
sworn proof of loss containing the information we request to settle the claim; and
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(e) Permit us to examine any insured under oath, while not in the presence of any other
insured, at such times as may reasonably be required, about any matter relating to this
the examination must be signed.
d. The following are added to Section V Definitions:
Covered recall means a recall of your product made necessary because the insured or a
government entity has determined that a known or suspected defect, deficiency, inadequacy or
dangerous condition in your product has resulted in, or will result in, bodily injury or property
damage .
Product recall expense :
a. Means the following necessary and reasonable extra expenses incurred by you or on your
behalf exclusively for the purpose of recalling your product :
(1) Expenses for communications, including broadcast announcements or printed
advertisements and associated stationery, envelopes and postage;
(2) Expenses for shipping the recalled products from any purchaser, distributor or user to the
place or places designated by you;
(3) Expenses for overtime paid to your regular non-salaried employees ;
(4) Expenses for hiring temporary workers ;
(5) Expenses incurred by employees , including transportation and accommodations;
(6) Expenses to rent additional warehouse or storage space; or
(7) Expenses for proper disposal of your product if the disposal is necessary to avoid bodily
injury or property damage and is other than regularly used to discard, trash or dispose of
your product .
b. Does not include the following:
(1) Damages, fines or penalties;
(2) Defense expenses;
(3) The cost of regaining your market share, goodwill, revenue or profit; or
(4) Any expenses resulting from:
(a) Failure of any product to accomplish its intended purpose;
(b) Breach of warranties of fitness, quality, durability or performance;
(c) Loss of customer approval, or any cost incurred to regain customer approval;
(d) Redistribution or replacement of your product that was recalled with like products or
substitutes;
(e)
(f) A condition any insured knew, or had reason to know, of at the inception of this
insurance that was likely to cause loss; or
(g) Recall of your products that have no known or suspected defect solely because a
known or suspected defect in another of your products has been found.
7. Supplementary Payments Cost of Bail Bonds and Loss of Earnings
The following replaces Paragraphs 1.b. and 1.d. of Supplementary Payments Coverages A and B
in Section I Coverages:
b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out
of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to
furnish these bonds.
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or
defense of the claim or "suit", including actual loss of earnings up to $250 a day because of time off
from work.
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B. Section II Who is an Insured
1. Broadened Named Insured
Section II Who Is An Insured is amended to include as a Named Insured any legally incorporated
entity in which you maintain ownership of more than 50 percent of the voting stock on the effective date
of this endorsement, but only if there is no other similar insurance available to that organization. This
insurance does not apply to any organization that is an insured under another policy or would be an
insured under such policy but for its termination or the exhaustion of its limits of insurance.
2. Additional Insured Broad Form Vendor
a. Section II Who Is An Insured is amended to include as an additional insured any person or
organization (referred to below as vendor ) with whom you have agreed in a written contract or
agreement to provide insurance, but only with respect to bodily injury or property damage arising
out of your products that are distr But
none of these vendors are an additional insured:
(1) If the products-completed operations hazard is excluded under the Coverage Part or by
endorsement;
(2) If the vendor is a person or organization from whom you have acquired the products, or any
ingredient, part or container entering into, accompanying or containing those products;
(3) odily injury or property damage for which the vendor is obligated to pay damages by
reason of the assumption of liability in a contract or agreement unless that the vendor would
have otherwise been liable for such bodily injury or property damage in the absence of that
contract or agreement; or
(4) odily injury or property damage caused by or arising out of:
(a) Any express warranty not authorized by you;
(b) Any physical or chemical change in the product made intentionally by the vendor;
(c) Repackaging, except when unpacked solely for the purpose of inspection, demonstration,
testing or the substitution of parts under instructions from the manufacturer, and then
repackaged in the original container;
(d) Any failure to make such inspections, adjustments, tests or servicing as the vendor has
agreed to make or normally undertakes to make in the usual course of business, in
connection with the distribution or sale of the products;
(e) Operations to demonstrate, install, service or repair, except those operations performed at
nnection with the sale of the product;
(f) Products which, after distribution or sale by you, have been labeled or relabeled or used as
a container, part or ingredient of any other thing or substance by or for the vendor; or
(g) The sole negligence of the vendor for its own acts or omissions or those of its employees or
anyone else acting on its behalf, unless such act or omission is:
(i) in the original container after unpacking
solely for the purpose of inspection, demonstration, testing or the substitution of parts
under instructions from the manufacturer;
(ii) A demonstration, installation, servicing or repair operation performed
(iii) An inspection, adjustment, test or servicing the vendor has agreed to
make or normally undertakes to make in the usual course of business, in connection
with the distribution or sale of the products.
b. The insurance afforded to such vendor under Paragraph a. above:
(1) Applies only to the extent permitted by law; and
(2) Will not be broader than that which you are required by the contract or agreement to provide to
such vendor.
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c. The following is added to Section III Limits Of Insurance:
The most we will pay on behalf of a vendor that qualifies as an additional insured is the amount of
insurance:
a. Required by the contract or agreement; or
b. Available under the applicable Limits of Insurance shown in the Declarations;
whichever is less. This provision does not increase the applicable Limits of Insurance shown in the
Declarations.
3. Additional Insured Written Contract, Agreement, Permit or Authorization
a. Section II Who Is An Insured is amended to include as an additional insured any person or
organization with whom you have agreed in a written contract, agreement, permit or authorization to
provide insurance but only with respect to liability for injury or damage caused, in whole or in part,
by your acts or omissions or the acts or omissions of those acting on your behalf for:
(1)
ongoing operations, and only until your operations are completed, for such person or
organization at the location designated in the contract, agreement, permit or authorization;
(2)
operation or use of equipment leased to you by such person or organization; or
(3)
premises you own, rent, lease or occupy.
b. The insurance afforded to an additional insured under Paragraph a. above does not apply:
(1) Unless:
(a) The contract or agreement is executed, or the permit or authorization is issued, before the
bodily injury , property damage or personal and advertising injury occurs; and
(b) The contract, agreement, permit or authorization is in effect or becomes effective during the
policy period.
(2) To any:
(a) Person or organization included as an insured under any other provision of this policy,
including this or any other endorsement;
(b) Lessor of equipment after the equipment lease terminates or expires;
(c) Owner or other interests from whom land has been leased;
(d) Manager or lessor of premises if:
(i) The occurrence takes place after you cease to be a tenant in that premises; or
(ii) The bodily injury , property damage or personal and advertising injury arises out of
structural alterations, new construction or demolition operations performed by or on
behalf of the manager or lessor.
((ee)) odily injury , property damage or personal and advertising
injury arising out of the rendering of, or the failure to render, any professional architectural,
engineering or surveying services, including:
(i) The preparing, approving, or failing to prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders, change orders or drawings and specifications;
or
(ii) Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other
wrongdoing in the supervision, hiring, employment, training or monitoring of others by that
insured, if the occurrence which caused the bodily injury or property damage , or the
offense which caused the personal and advertising injury , involved the rendering of or the
failure to render any professional architectural, engineering or surveying services; or
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(f) "Bodily injury" or "property damage" occurring after:
(i) 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
(ii) 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. The insurance afforded to an additional insured under Paragraph a. above:
(1) Applies only to the extent permitted by law; and
(2) Will not be broader than that which you are required by the contract, agreement, permit or
authorization to provide to such additional insured.
d. With respect to the insurance afforded to an additional insured under Paragraph a. above:
(1) The following is added to Paragraph 4. Other Insurance of Section IV Commercial General
Liability Conditions:
Regardless of the provisions of Paragraphs a. and b. above, this insurance is primary to, and
will not seek contribution from, any other insurance available to an additional insured if:
(1) Such additional insured is a Named Insured under that other insurance; and
(2) You have agreed in the contract, agreement, permit or authorization that this insurance
would be primary and would not seek contribution from any other insurance available to
such additional insured.
(2) The following is added to Section III Limits Of Insurance:
The most we will pay on behalf of the additional insured is the amount of insurance:
a. Required by the contract, agreement, permit or authorization; or
b. Available under the applicable Limits of Insurance shown in the Declarations;
whichever is less. This provision does not increase the applicable Limits of Insurance shown in
the Declarations.
4. Incidental Malpractice by Employed Physicians, Nurses, EMTs and Paramedics
a. The following is added to Paragraph 2.a.(1)(d) of Section II Who Is An Insured:
But an employee or volunteer worker employed or volunteering as a physician, dentist, nurse,
emergency medical technician or paramedic is an insured if you are not engaged in the business or
occupation of providing professional health care services.
b. The following is added to Paragraph b.(1) in Paragraph 4. Other Insurance of Section IV
Commercial General Liability Conditions:
This insurance is excess over any of the other valid and collectible insurance available to the
insured for coverage for insured ho is a physician, dentist, nurse,
emergency medical technician or paramedic, whether such insurance is primary, excess, contingent
or on any other basis.
5. User of Covered Watercraft
a. Section II Who Is An Insured is amended to include as an additional insured any person or
organization who uses, or is responsible for the use of, a watercraft covered by this policy if the use
is with your express or implied consent. But no such person or organization is an insured with
respect to:
a. Bodily injury to tha employee ; or
b. Property damage to property:
(1) Owned, occupied or used by; or
(2) In the care, custody or control of, rented to or over which physical control is being exercised
for any purpose by;
that person or organization.
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b. The following is added to Paragraph b.(1) in Paragraph 4. Other Insurance of Section IV
Commercial General Liability Conditions:
This insurance is excess over any of the other valid and collectible insurance available to the
insured for use of, or responsibility for use of, a watercraft covered by this policy, whether such
insurance is primary, excess, contingent or on any other basis.
6. Newly Acquired or Formed Organizations
The following replaces Paragraph 3.a. of Section II Who Is An Insured:
a. Coverage under this provision is afforded only until the end of the policy period;
C. Section III Limits of Insurance Aggregate Limit Per Location
The following is added to Paragraph 2. of Section III Limits Of Insurance:
The General Aggregate Limit applies separately to each of yours. As used in this provision,
ocation means premises you own, rent or lease involving the same or connecting lots, or whose
connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad.
D. Section IV Commercial General Liability Conditions
1. Duties in the Event of Occurrence, Offense, Claim or Suit
The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit
of Section IV Commercial General Liability Conditions:
The requirements that you must notify us of an occurrence , offense, claim or suit , or send us
documents concerning a claim or suit , apply only if the occurrence , offense, claim or suit is known
to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) An executive officer or insurance or risk manager, if you are a corporation; or
(4) A manager, if you are a limited liability company.
The requirement that you must notify us as soon as practicable of an occurrence or an offense that
may result in a claim does not apply if you report the occurrence or offense
compensation insurer and that occurrence or offense later develops into a liability claim for which
coverage is provided by this policy. But as soon as you become aware that an occurrence or offense is
2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV Commercial General
Liability Conditions.
2. Waiver of Subrogation When Required by Written Contract or Agreement
The following is added to Paragraph 8. Transfer of Rights of Recovery Against Others to Us of
Section IV Commercial General Liability Conditions:
We will waive any right of recovery we may have against any person or organization because of
payments we make for injury or damage arising out of your ongoing operations or your work included
within the products-completed operations hazard if the operations or work is done under a written
contract or agreement with that person or organization, but only if the contract or agreement is executed
before the bodily injury or property damage occurs and requires you to waive your rights of recovery.
E. Section V Definitions
1. Bodily Injury Includes Mental Anguish
The following is added to Paragraph 3. of Section V Definitions:
Bodily injury includes mental anguish resulting from bodily injury, sickness, or disease sustained by a
person at any time.
2. Coverage Territory Worldwide
The following replaces Paragraph 4. of Section V Definitions:
4. Coverage territory means anywhere other than a country or jurisdiction that is subject to trade or
other economic sanction or embargo by the United States of America. But
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responsibility to pay damages must be determined in a settlement we agree to or in a suit on the
merits brought within the United States of America (including its territories and possessions), Puerto
Rico or Canada.
3. Mobile Equipment Self-Propelled Snow Removal, Road Maintenance and Street Cleaning
Equipment Less than 1,000 Pounds Gross Vehicle Weight
The following is added after Paragraph 12.f.(1) of Section V Definitions:
But a self-propelled vehicle of less than 1,000 pounds gross vehicle weight that is maintained primarily
for purposes other than transportation of persons or cargo with permanently attached equipment for
snow removal, road maintenance (other than construction or resurfacing) or street cleaning will be
.
OneBeacon Insurance Group LLC