HomeMy WebLinkAboutItem 20 - Approve an Amendment with Sedaru, formerly known as ID Modeling, Inc. Public Works Agency
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Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 19, 2024
TOPIC: Water System Modeling Software
AGENDA TITLE
Approve an Amendment with Sedaru, formerly known as ID Modeling, Inc., for Water
System Computer Modeling and Engineering Services (Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute a third amendment to the agreement with
Sedaru, formerly known as ID Modeling, Inc., for Water System Computer Modeling and
Engineering Services, to extend the existing term through December 31, 2024, with no
supplementary expenses to the previously executed amount (Agreement No. A-2024-
XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
On December 4, 2018, at the conclusion of a competitive bidding process, the City
Council awarded a three-year agreement, with the provision for one two-year extension
option, to Sedaru to provide the Public Works Agency’s Water Resources Division
(Division) with water system hydraulic modeling software (Exhibit 1). The software is
utilized to better ensure overall water system reliability and develop current and future
water system operational needs.
In Fall 2023, the Division was informed that the Sedaru software platform would no
longer be supported beyond the end of Fiscal Year 2023-24, and a new agreement was
not an option once the agreement expired on December 3, 2023. Originally, Sedaru
offered an opportunity to provide short-term support until June 30, 2024 (Exhibit 2).
However, they have now offered to extend the support timeline until December 31,
2024. This additional time will allow staff to procure another option prior to the expiration
of the agreement.
Staff recommends approving this agreement amendment to extend the term until
December 31, 2024 to allow time to finish existing projects, download data and
information stored on the platform, and transition to another software platform (Exhibit
3).
Water System Modeling Software
March 19, 2024
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4
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FISCAL IMPACT
Funds for the previously executed amount are budgeted and available for expenditure in
the current FY 2023-24. Any remaining balances not expended at the end of the current
fiscal year will presented to the City Council for approval to carry forward to FY 2024-25.
EXHIBIT(S)
1. Agreement A-2018-275
2. Second Amendment with Sedaru
3. Third Amendment with Sedaru
Submitted By: Nabil Saba, Executive Director of Public Works
Approved By: Tom Hatch, Interim City Manager
INSURANCE NOT ON FILE
A-2018-275
WORK MAY NOT PROCEED
CLERK OF COUNCIL
DATE: JAN 14 2019
I AGREEMENT TO PROVIDE WATER SYSTEM COMPUTER
cta a > e MODELING AND ENGINEERING SERVICES
THIS AGREEMENT is made and entered into this 4th day of December, 2018 by and between
Sedaru, formerly known as ID Modeling, Inc. ("Contractor"), and the City of Santa Ana, a charter
city and municipal corporation organized and existing under the Constitution and laws of the State
of California ("City").
RECITALS
A. The City has previously purchased hydraulic modeling and engineering services
from Contractor, including the design and creation of a water system computer
model.
13. The City desires to purchase from Contractor additional services, including model
updates and software maintenance and support,
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably
be expected from a professional contracting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
I, SCOPE OF SERVICES
Contractor shall perform during the term of this Agreement the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work required to fully
and adequately complete the services described and set forth in Scope of Services - Exhibit A,
attached hereto and incorporated by reference.
2. COMPENSATION
a, City agrees to pay, and Contractor agrees to accept as total payment for its services
under this Agreement, the rates and charges identified in Exhibit A. The total
annual sum to be expended under the term of this Agreement, including any
extension periods, shall not exceed $150,000.
b. Payment by City shall be made within forty-five (45) days following receipt of
proper invoice evidencing work performed, subject to City accounting procedures.
Payment need not be made for work which fails to meet the standards of
performance set forth in the Recitals and Scope of Work, which may reasonably be
expected by City.
Page I of 8
3. TERM
This Agreement shall commence on the date first written above and terminate on December
3, 2021, unless terminated earlier in accordance with Section 17, below. The term of this
Agreement may be extended for one 2-year period upon a writing executed by the City Manager
and City Attorney,
4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq,,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
performance of other requirements on "public works" and "maintenance" projects, If the services
being performed are part of an applicable "public works" or "maintenance" project, as defined by
the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to
fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the
City, its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws,
5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer -employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Contractor
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Contractor shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Contractor shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Contractor under this Agreement ("Documents & Data"), Contractor
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Contractor represents and warrants that Contractor has the legal right to license any and all
Documents & Data. Contractor makes no such representation and warranty in regard to
Documents & Data which were provided to Contractor by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
Page 2 of 8
INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Contractor shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not be
limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any act
or occurrence arising out of Contractor's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts of
insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property
damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
volunteers and representatives as additional insured(s); (b) be primary with respect
to insurance or self-insurance programs maintained by the City; and (c) contain
standard separation of insureds provisions,
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the California Labor Code,
Contractor, if Contractor has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to
commencing the performance of the work under this Agreement, Contractor agrees
to obtain and maintain any employer's liability insurance with limits not less than
1,000,000 per accident.
d. If Contractor is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
C. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
i) Contractor shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved by the City,
iii) Certificates and policies shall state that the policies shall not be cancelled
or reduced in coverage or changed in any other material aspect, by
Contractor, without thirty (30) days prior written notice to the City.
Page 3 of 8
iv) Contractor shall supply City with a fully executed additional insured
endorsement.
if Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has
been procured and is in force and paid for, the City shall have the right, at the City's
election, to forthwith terminate this Agreement. Such termination shall not affect
Contractor's right to be paid for its time and materials expended prior to notification
of termination. Contractor waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the
City.
S. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, consultants, special counsel, and representatives from liability; (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Contractor or its subcontractors, agents, employees, or other persons
acting on their behalf which relates to the services described in section 1 of this Agreement; and
2) from any claim that personal injury, damages, just compensation, restitution, judicial or
equitable relief is due by reason of the terms of or effects arising from this Agreement. This
indemnity and hold harmless agreement applies to all claims for damages, just compensation,
restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the
events referred to in this Section or by reason of the terns of, or effects, arising from this
Agreement, The Contractor further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected by the City,
regarding any action by a third party challenging the validity of this Agreement, or asserting that
personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal
or property rights arises by reason of the terns of, or effects arising from this Agreement, City
may make all reasonable decisions with respect to its representation in any legal proceeding,
Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code
Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section
2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Contractor.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend, indemnify and hold harmless the City, its officers, agents,
representatives, and employees against any and all liability, including costs, and attorney's fees,
for infringement of any United States' letters patent, trademark, or copyright contained in the work
product or documents provided by Contractor to the City pursuant to this Agreement.
Page 4 of 8
10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed
under this Agreement. Contractor shall maintain complete and accurate records with respect to
the costs incurred, under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Contractor under this Agreement. All such records and
invoices shall be clearly identifiable. Contractor shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours, Contractor shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
3) years from the date of final payment to Contractor under this Agreement.
11. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information, Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Contractor without reference to information disclosed by the
City.
12. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interest and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
13. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City: Cleric of the City Council
City of Santa Ana
20 Civic Center Plaza (NI-30)
Page 5 of 8
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax 714-647-6956
Copy to: Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
Fax 714-647-5635
To Contractor: Sedaw
168 E. Arrow Hwy, #101
San Dimas, CA 91773
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address, If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
timeframes, weekends, federal, state, County or City holidays shall be excluded.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral
or written, between the parties. In the event of a conflict between the terms of this Agreement and
any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be
modified except by written instrument signed by the City and by an authorized representative of
Contractor. The parties agree that any terms or conditions of anypurchase order or other instrument
that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or
obligate Contractor or the City. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made by any
party, or anyone acting on behalf of any party, which are not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other contractors retained by City.
Page 6 of 8
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17, TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor
compensation for all services performed by Contractor prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to
deliver to the City all work product completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Contractor consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
18. NON-DISCRIMINATION
Contractor shall not discriminate because ofrace, color, creed, relation, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities or in connection with any activities under this Agreement.
Contractor affirms that it is an equal opportunity employer and shall comply with all applicable
federal, state and local laws and regulations.
19. JURISDICTION -VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California, Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
20. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Page 7 of 8
Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
MAlRIA"D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
By:
J n M. Funk
Assistant City Attorney
FOIL)IPPROVAL
Fuad S. Sweissl PLS
Executive Dire for
Public Works Alaenev
CITY OF SANTA ANA
P AAUL GODINEZ I1
City Manager
CONTRACTOR
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me: - 'AAW-fe 0
Title:
R Sicer.T I N0
Page 8 of 8
Sedaru Proposal for
City of Santa Ana
On -going Water System Computer Model Solutions
121
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5
SedarU
168 E Arrow Hwy, Suite 101
San Dimas, CA 91773 sedaru.com
Office: 626.244.0700 info@sedaru.com
September 14, 2018
Mr. Rudy Rosas, P.E.
Senior Civil Engineer
City of Santa Ana
220 S. Daisy Ave. M-85
Santa Ana, CA 92703
Subject: Proposal to Provide Ongoing Water System Computer Model Solutions,
3-year Initial term, with optional renewal for 2 years
Dear Mr. Rosas,
Sedaru, Inc. (Sedaru) is pleased to submit this proposal to the City of Santa Ana (City) to provide
software and services to the City's water engineering department. This proposal serves as a
continuation of services provided under Sedaru's Water System Computer Model Solutions
contract from 2015-2018, wherein Sedaru delivered solutions from hydraulic modeling, to
engineering analysis and applications designed to maximize the input, output, and
recommendations from the City's calibrated water system computer model.
Background: Sedaru has provided engineering solutions for the City since 2015, incorporating:
the City's institutional knowledge, while gaining a unique and valuable understanding of the
City's water system hydraulic challenges, performance characteristics, infrastructure condition
and opportunities for efficiency.
Unique, City -specific Experience: Sedaru has delivered a comprehensive range of engineering
and operations related solutions, as summarized below.
Built and calibrated the City's water system hydraulic model,
Supported hydraulic simulations for the City's 2016 Water System Master Plan, including:
o System -wide fire flow analysis to understand and plan -for system redundancy and
adequate minimum fire flow protection,
o Criticality analysis to Identify the City's most vulnerable corridors & related system
valves
o Energy management analysis to assist with efficient use of existing system capacity,
o Water quality analysis to identify areas of system stagnancy across the system, where
high disinfectant bi-products may form.
Analyzed multiple water quality and operational related analyses to ensure acceptable
minimum water age under varying demand conditions,
Delivered analysis, results, and a Technical Memorandum with recommendations for the
County Administrative Block hydraulic Feasibility Study,
Completion of a water system flushing program,
Delivery of the Hydraulic Model and GIS-based solution "Sedaru" to City Engineering &
Operations staff to support ongoing, in-house:
o Hydraulic Simulations (Sedaru Modeling) for utility -focused analysis such as fire flows,
o SCADA trending & alarms (Sedaru OMNI), integrated in the same Model interface,
o Facility Inspections from an app, w/automated production reporting (Sedaru Fieldforce)
o Identification of optimal pipeline replacement strategies for the City's high return on its
capital investment (Sedaru CIP). Services to implement this tool included:
Integration of multiple system hydraulic and infrastructure condition assessment
criteria such as fire flows, leaks, valve criticality, pipeline age, material, and more.
The above represents a significant collection of institutional knowledge gained by our staff to
develop the City's first -ever hydraulic model, with the application of that mode[ to the City's
Water System Master Plan, and deployment of upgraded technology to support a more
integrated, dynamic, and informed decision making process for engineering.
Proposed Scope and Terms for Ongoing Solutions: By approval of this proposal and subsequent
contracting of this proposed scope, the City authorizes Sedaru to provide maintenance and
support for engineering software for a 3-year initial term, with an optional renewal for 2 years..
Annualized support includes 2 categories of solutions: 1) ongoing software maintenance and
support for the solutions authorized within the 2015-2018 Water System Computer Model
Solutions contract, and 2) continued engineering related services to provide similar services to
those described herein, including updates to the City's current water model, These solutions
have been summarized below:
1. $75,000 per year for maintenance and support of the Sedaru engineering software, Inc.:
a. Sedaru Modeling: Run fire -flow analysis, size pipelines, evaluate pumps out of service.
b. Sedaru OMNI & SCADA Connect: Track, trend, monitor, and report -on system
performance, Including notifications and alarms of facilities running out of range.
c. Sedaru Fieldforce & Auto -Reporting: Collect condition and performance data on key
facilities in real-time, to automatically generate production reports.
d. Sedaru CIP: Access condition and performance data from GIS, Hydraulic Model, Street
Paving. Rank, weight, quantify & prioritize pipeline replacement projects with high. ROL
e. Sedaru ops: Predict operations to determine water age, and trace water supply to and
from any point in the system to reduce the need for future water quality sampling.
2. $75,000 per year for ongoing engineering consulting services, delivered on an as -needed
basis, utilizing the rate schedule included herein as Exhibit A. Consulting services may
include and not be limited to:
a. Updates to the City's water system hydraulic model, and related calibration efforts, to
ensure reasonable water model results as compared to field or SCADA measurements.
b. Updates may also include water quality parameters to support the City's annual flushing
program to maintain acceptable levels of water quality.
c. Ongoing fire flow capacity analysis for developer requests, deficiency analysis to ensure
high value return -on -investment on pipeline replacement projects, and simulations of
water system operations Including pump controls, water quality, and more.
d. Hydraulic model updates and related model results will provide the City's Sedaru
software with the latest information on City infrastructure and operations to support
optimal software performance over time.
Total annual value of the contract is $150,000, and software maintenance is to be billed and
paidin advance of each contract year. Consulting services billed on a percent complete basis.
Proposed Project Team: Sedaru proposes a Project Team with a collective 100+years of
experience in delivering water system planning, operations, and technical software solutions, in
addition to nearly 2 decades of experience with City -specific projects. Please see resumes
included for the City's consideration in Exhibit B.
We look forward to a continuing to deliver valued engineering and water system computer
model solutions to the City's Engineering Department, Please do not hesitate to contact me
with any questions at all, at any time.
Sincerely,
Paul Hauffen,
City of Santa. Ana
Customer Service Manager
Sediaru, Inc..
Phone:(626)354-7003
Email: naulhauffen@sedaru.com
Exhibit A oo
4
Rates: Sedaru proposes the following rates for services rendered from July 1, 2018 through June 30,
2019. Rates will increase 3%annually per year,
Classification
Principal......................................................................................
Technical Advisor/QA-QC............................................................
Senior Project Manager/GIS Systems Integrator/Developer......
Not to Exceed Hourly Rate
ProjectManager............................................................................................
Senior Project Engineer/Modeler/Senior GIS Technician— ...........................
Project Engineer/Modeler/GIS Technician....................................................
ProjectAccountant........................................................................................
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150
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A-2023-204
fg$jgnA Nr rlQpbToW, Irr3-9C38-47FD-9E6A-6DOA05493B55
WORK MAY NOT PROCEED
CITY CLERK
DATE: DEC 1 1 2023
p.4wFtm
THIS SECOND AMENDMENT to the above -referenced agreement is entered into on
November 21, 2023, by and between Sedaru, formerly known as ID Modeling, Inc.
Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and
existing under the Constitution and laws of the State of California ("City").
RECITALS
A. The parties entered into Agreement No. A-2018-275 ("Agreement") dated December 4,
2018, to retain a qualified contractor to provide water system computer modeling and
engineering services, including the design and creation of a water system computer model.
B. On November 4, 2021, the parties executed the sole two (2) year extension. Therefore, the
Agreement is in full force and effect through December 3, 2023.
C. On April 4, 2023, the Parties entered into a First Amendment to the Agreement (A-2023-
052) to increase the compensation under the Agreement due to an unanticipated increase in
volume of development plan submittals.
D. On September 21, 2023, the City's Public Works Agency ("PWA") received a written
notice from Contractor informing PWA the Sedaru software platform contemplated by the
Agreement would no longer be supported after June 30, 2024.
E. The Parties now wish to amend the Agreement to extend the term of the Agreement to
allow PWA to finish existing projects, download data and information, and transition to
another software platform.
The Parties therefore agree:
1. Section 3, Term, shall be amended to extend the term of the Agreement through June 30,
2024.
2. Except as modified by this Second Amendment, all terms and conditions of the Agreement
shall remain in full force and effect.
signature page follows)
Page 1 of 2
DocuSign Envelope ID: C7ABOA53-9C38-47FD-9E6A-6DOA05493B55
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the
Agreement on the date and year first written above.
Jermifer L. 1
APPROVED AS TO FORM
SONIA R. CARVALHO, City Attorney
By:
B on Salvafierra
Deputy City Attorney
RECOMMENDED FOR APPROVAL
tL
Nabil Saba
Executive Director
Public Works Agency
Tom Hatch
Interim City Manager
CONSULTANT
Do siaoeeInyI:,
uty lNv clw.
Name: ony ri ch
Title: senior sales manager, North American Account Ma
Page 2 of 2
Page 1 of 2
THIRD AMENDMENT TO AGREEMENT WITH SEDARU, FORMERLY KNOWN AS ID MODELING, INC., TO PROVIDE WATER SYSTEM COMPUTER MODELING AND ENGINEERING SERVICES
THIS THIRD AMENDMENT to the above-referenced agreement is entered into on March 19,
2024, by and between Sedaru, formerly known as ID Modeling, Inc. (“Contractor”), and the City
of Santa Ana, a charter cit y and municipal corporation organized and existing under the
Constitution and laws of the State of California (“City”).
RECITALS
A. The parties entered into Agreement No. A-2018-275 (“Agreement”) dated December 4, 2018,
to retain a qualified contractor to provide water system computer modeling and engineering
services, including the design and creation of a water system computer model.
B. On November 4, 2021, the parties executed the sole two (2) year extension (#A-2018-275-
01) through December 3, 2023.
C. On April 4, 2023, the Parties entered into a First Amendment to the Agreement (A-2023-
052) to increase the compensation under the Agreement due to an unanticipated increase in
volume of development plan submittals.
D. On September 21, 2023, the City’s Public Works Agency (“PWA”) received a written notice
from Contractor informing PWA the Sedaru software platform contemplated by the
Agreement would no longer be supported after June 30, 2024. The Parties entered into a
Second Amendment to the Agreement (#A-2023-204) to extend the term of the Agreement
to allow PWA to finish existing projects, download data and information, and transition to
another software platform
E. PWA received another notice from Contractor informing PWA the Sedaru software platform
contemplated by the Agreement would allow extensions through December 31, 2024.
F. The Parties now wish to further amend the Agreement to extend the term of the Agreement
another six (6) months to allow PWA to finish existing projects, download data and
information, and transition to another software platform.
The Parties therefore agree:
1. Section 3 , Term, shall be amended to extend the term of the Agreement through December
31, 2024.
2. Except as modified by this Third Amendment, all terms and conditions of the Agreement shall
remain in full force and effect.
DocuSign Envelope ID: A3AF99A3-03D5-4E47-8E9F-CE4CE1EA2FC0
Page 2 of 2
SIGNATURE PAGE FOR THIRD AMENDMENT TO AGREEMENT WITH SEDARU,
FORMERLY KNOWN AS ID MODELING, INC., TO PROVIDE WATER SYSTEM
COMPUTER MODELING AND ENGINEERING SERVICES
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the
Agreement on the date and year first written above.
Jennifer L. Hall Thomas R. Hatch
City Clerk Interim City Manager
APPROVED AS TO FORM CONSULTANT
SONIA R. CARVALHO, City Attorney
By:____________________________
Brandon Salvatierra Name:
Deputy City Attorney Title:
RECOMMENDED FOR APPROVAL
______________________________
Nabil Saba
Executive Director
Public Works Agency
DocuSign Envelope ID: A3AF99A3-03D5-4E47-8E9F-CE4CE1EA2FC0
Sales Manager, North American Account Management Team
David Rutowski