AGENDA REPORT
Meeting Date: December 11, 2023
Item Number:
To: Honorable Mayor & City Council
From: Robert Welch, P.E., Utilities General Manager
Vince Damasse, P.E., Water Resources and Operations Manager Melissa Gomez, Management Analyst
Subject: AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND CIVILTEC ENGINEERING, INC. FOR ON-CALL PLANNING AND
DEVELOPMENT, WATER MODELING, AND AS-NEEDED STAFF
SUPPORT; AND
APPROVAL OF A PURCHASE ORDER IN THE NOT-TO-EXCEED
AMOUNT OF $197,514
Attachments: 1. Agreement
RECOMMENDATION
Staff recommends that City Council approve:
1. An agreement between the City of Beverly Hills and Civiltec Engineering, Inc. for on-call planning and development, water modeling, and as-needed staff support; and
2. A purchase order in the not-to-exceed amount of $197,514.
INTRODUCTION
The City currently utilizes consultant Civiltec Engineering, Inc. (Civiltec) to assist with Development and Capital Improvement Program (CIP) planning and engineering support. Development support entails processing, analyzing, and determining development conditions of approvals via the City’s Water Will-Serve process. Civiltec has been providing on-call development support services along with as-needed CIP planning and design engineering support for a variety of CIP projects. Civiltec’s contract expires in December 2023, and staff recommends a new one-year contract to continue utilizing Civiltec’s support services.
Meeting Date: December 11, 2023
DISCUSSION
The City of Beverly Hills and the City of West Hollywood (West Hollywood) are experiencing significant development growth. Historically – for the previous two years – both cities combined have had over 200 development projects in various phases of planning, building and safety permitting and construction within the City’s water service area. Additionally, the City’s 2015 Urban Water Management Plan (UWMP) forecasted high development growth in the West Hollywood portion of the City’s water service area in the next several years. West Hollywood planning staff corroborated the anticipated high development growth in their General Plan update.
The City currently utilizes Civiltec to support Public Works staff with development water service request analysis, hydraulic modeling, plan checking and design review of developer water improvement plans. This is part of the City’s Water Will-Serve process, whereby developers requesting water services are required to submit information such as site plans, demand calculations, fire flow data and relevant information regarding their water services request to enable the City to determine the feasibility of providing the project water services and the potential impact to the City’s water system.
In addition, Civiltec maintains and updates the City’s hydraulic model on an ongoing basis. The model is used to analyze developer water demands, including domestic, irrigation and required fire flows, to determine off-site infrastructure impacts that a developer would be conditioned to mitigate. Additionally, the model is used to assist with the design of CIP and other related infrastructure. Hydraulic modeling has been used in lieu of fire flow testing, preliminary sizing of pipelines for the City’s ongoing water main replacement program, determining storage capacity of future reservoirs, evaluating localized fire flow and water quality parameters and other related tasks.
The current Civiltec agreement will end on December 31, 2023, and staff recommends the City execute a new one-year on-call agreement for calendar year 2024. Staff recommends continuing to utilize Civiltec due to their skillset, institutional knowledge of the City’s water system and past performance. Civiltec was previously pre-qualified and shortlisted by the City with other firms to provide on-call professional services via a Request for Proposal (RFP) and Statement of Qualifications (SOQ) selection process.
Therefore, staff requests City Council approval to exercise the professional services exception to the bidding requirements in the Beverly Hills Municipal Code (Section 3-3- 112-G). Furthermore, upon recruitment of the Water Resource Engineer, Civiltec’s oncall services contract will be reduced. Civiltec will continue to provide specialized services such as hydraulic modeling, hydraulic model updates, and other as-needed services upon request by the City.
The City has experienced a high volume of water service requests from development projects within its service area, including both the City of Beverly Hills and a portion of West Hollywood. In the past several years, approximately $70,000 of planning and design level deposits utilized for hydraulic modeling analyses and plan checking and approximately $40,000 of processing fees have been collected for development services. As a result, there is a continuous need for as-needed development support, planning support and water modeling support. Other support services included in the agreement are CIP staff support for water-related infrastructure projects. Fees to provide the professional services described above for one year are provided in the table below.
Meeting Date: December 11, 2023
Task Description Amount
Task 1 Development Support – Will-Serve Analysis $64,500 Task 2 Development Support – Processing $208,688
Task 3 Capital Improvement Project (CIP) Staff Support $98,556 Task 4 Water Modeling Support $23,284
Total $395,028
FISCAL IMPACT
Funding for this agreement is available in the water enterprise budget. Given that the contract will be used in two different fiscal years, staff plans to encumber half of the total amount in the current fiscal year, and the other half will be encumbered at a later time for FY24/25. Based on anticipated development activity, staff anticipates a revenue offset of approximately $70,000 in development planning deposits and $40,000 in collected processing fees to offset expenses for development support services (Tasks 1 and 2 above).
Shana Epstein,
Director of Public Works
Approved By
Attachment 1
B0785-0001\2886047v2.doc
AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
CIVILTEC ENGINEERING, INC. FOR ON-CALL PLANNING AND
DEVELOPMENT, WATER MODELING, AND AS-NEEDED
STAFF SUPPORT
NAME OF CONSULTANT: Civiltec Engineering, Inc.
RESPONSIBLE PRINCIPAL OF CONSULTANT: W. David Byrum, P.E.
President
CONSULTANT’S ADDRESS: 605 E. Huntington Drive, Suite 205 Monrovia, CA 91016
Attention: W. David Byrum, PE, President
CONSULTANT’S E.I.N./TAX I.D. NO.: 95-4043476
CITY’S ADDRESS: City of Beverly Hills
345 Foothill Road
Beverly Hills, CA 90210
Attention: Director of Public Works
COMMENCEMENT DATE: January 1, 2024
TERMINATION DATE: December 31, 2024, unless extended
pursuant to Section 2 of this Agreement
CONSIDERATION: Not to exceed $395,028.00, as more
particularly described in Exhibit B
DocuSign Envelope ID: E80EF2B2-717A-4776-86D4-AFE512D6C60A B0785-0001\2886047v2.doc
2 AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
CIVILTEC ENGINEERING, INC. FOR ON-CALL PLANNING AND
DEVELOPMENT, WATER MODELING, AND AS-NEEDED
STAFF SUPPORT
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “CITY”) and Civiltec Engineering, Inc. (hereinafter called “CONSULTANT”).
RECITALS
A. CITY desires to have certain services and/or goods provided as set forth in Exhibit A (the “Scope of Work”), attached hereto and incorporated herein.
B. CONSULTANT represents that it is qualified and able to perform the Scope of Work.
NOW, THEREFORE, the parties agree as follows:
Section 1. Scope of Work.
CONSULTANT shall perform the Scope of Work described in Exhibit A in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. CITY shall have the right to order, in writing, changes in the Scope of Work. Any changes in the Scope of Work by CONSULTANT must be made in writing and approved by both parties. The cost of any change in the Scope of Work must be agreed to by both parties in writing.
Section 2. Time of Performance.
CONSULTANT shall commence its services under this Agreement upon the Commencement Date on the cover page or upon a written receipt of a notice to proceed from CITY. CONSULTANT shall complete the performance of services by the Termination Date set forth on the cover page.
The City Manager or her designee may extend the time of performance in writing for two additional one-year terms or such other term not to exceed two years from the date of termination pursuant to the same terms and conditions of this Agreement.
Section 3. Compensation.
(a) Compensation
CITY agrees to compensate CONSULTANT for the services and/or goods provided under this Agreement, and CONSULTANT agrees to accept in full satisfaction for such services, a sum not to exceed the Consideration set forth above and more particularly described in Exhibit B, attached hereto and incorporated herein, based on the rates set forth in Exhibit B.
DocuSign Envelope ID: E80EF2B2-717A-4776-86D4-AFE512D6C60A B0785-0001\2886047v2.doc
3 (b) Expenses
The amount set forth in paragraph (a) shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including, but not limited to, all labor, materials, delivery, tax, assembly, and installation, as applicable). There shall be no claims for additional compensation for reimbursable expenses. (c) Additional Services. CITY may from time to time require CONSULTANT to perform additional services not included in the Scope of Work. Such requests for additional services shall be made by CITY in writing and agreed upon by both parties in writing.
Section 4. Method of Payment. CITY shall pay CONSULTANT said Consideration in accordance with the method and schedule of payment set forth in Exhibit B.
Section 5. Independent Contractor. CONSULTANT is and shall at all times remain, as to CITY, a wholly independent contractor. Neither CITY nor any of its agents shall have control over the conduct of CONSULTANT or any of CONSULTANT’s employees, except as herein set forth. CONSULTANT shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.
Section 6. Assignment. This Agreement shall not be assigned in whole or in part, by CONSULTANT without the prior written approval of CITY. Any attempt by CONSULTANT to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.
Section 7. Responsible Principal(s)
(a) CONSULTANT’s Responsible Principal set forth on the cover page shall be principally responsible for CONSULTANT’s obligations under this Agreement and shall serve as principal liaison between CITY and CONSULTANT. Designation of another Responsible Principal by CONSULTANT shall not be made without prior written consent of CITY. (b) CITY’s Responsible Principal shall be the City Manager or her designee set forth above who shall administer the terms of the Agreement on behalf of CITY.
Section 8. Personnel. CONSULTANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSULTANT’s Scope of Work under this Agreement. All personnel engaged in the work shall be qualified to perform such Scope of Work.
Section 9. Permits and Licenses. CONSULTANT shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.
Section 10. Interests of CONSULTANT. CONSULTANT affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Scope of Work contemplated by this Agreement. No person having any such interest shall be employed by or be associated with CONSULTANT.
DocuSign Envelope ID: E80EF2B2-717A-4776-86D4-AFE512D6C60A B0785-0001\2886047v2.doc
4 Section 11. Insurance.
(a) CONSULTANT shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONSULTANT.
(2) A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized by CONSULTANT in performing the Scope of Work required by this Agreement. (3) Workers’ compensation insurance as required by the State of California.
(4) A policy or policies of Professional Liability Insurance (errors and omissions) with minimum limits of Two Million Dollars ($2,000,000) per claim and in the aggregate.
Any deductibles or self-insured retentions attached to such policy or policies must be declared to and be approved by CITY. Further, CONSULTANT agrees to maintain in full force and effect such insurance for one year after performance of work under this Agreement is completed. (b) CONSULTANT shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of this Agreement. (c) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a A+;VII in the latest edition of Best’s Insurance Guide.
(d) CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT’s expense, the premium thereon.
(e) At all times during the term of this Agreement, CONSULTANT shall maintain on file with CITY’s Risk Manager a certificate or certificates of insurance on the form set forth in Exhibit C, attached hereto and incorporated herein, showing that the aforesaid policies are in effect in the required amounts. CONSULTANT shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate or certificates. The general liability insurance shall contain an endorsement naming the CITY as an additional insured. (f) The general liability and vehicle liability policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to CITY, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in the Agreement.
DocuSign Envelope ID: E80EF2B2-717A-4776-86D4-AFE512D6C60A B0785-0001\2886047v2.doc
5 (g) The insurance provided by CONSULTANT shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
(h) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.
(i) The insurance coverage amounts required under the Agreement do not limit CITY’s right to recover against CONSULTANT and its insurance carriers.
Section 12. Indemnification.
(a) CONSULTANT agrees to indemnify, hold harmless and defend CITY, City Council and each member thereof, and every officer, employee and agent of CITY, from any claim, liability or financial loss (including, without limitation, attorney’s fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT or any person employed by CONSULTANT in the performance of this Agreement. (b) All duties of CONSULTANT shall survive termination or expiration of the Agreement.
Section 13. Termination.
(a) CITY shall have the right to terminate this Agreement for any reason or for no reason upon five calendar days’ written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement on or before the effective date of such notice. (b) In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CONSULTANT be entitled to receive more than the amount that would be paid to CONSULTANT for the full performance of the services required by this Agreement. CONSULTANT shall have no other claim against CITY by reason of such termination, including any claim for compensation.
Section 14. CITY’s Responsibility. CITY shall provide CONSULTANT with all pertinent data, documents, and other requested information as is available for the proper performance of CONSULTANT’s Scope of Work.
Section 15. Information and Documents. All data, information, documents and drawings prepared for CITY and required to be furnished to CITY in connection with this Agreement shall become the property of CITY, and CITY may use all or any portion of the work submitted by CONSULTANT and compensated by CITY pursuant to this Agreement as CITY deems appropriate.
Section 16. Records Retention and Examination. CONSULTANT shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records, with respect to all matters covered under this Agreement for five (5) years after receipt of final payment by CITY under the Agreement. CONSULTANT shall make all such records and documents available for inspection, copying, or other reproductions, and auditing by DocuSign Envelope ID: E80EF2B2-717A-4776-86D4-AFE512D6C60A B0785-0001\2886047v2.doc
6 authorized representatives of CITY, including the City Manager or designee, free of charge.
CONSULTANT shall make available all requested data and records at reasonable locations within the County of Los Angeles at any time during normal business hours, and as often as CITY deems necessary. If records are not made available within the County of Los Angeles, CONSULTANT shall pay CITY’s travel, hotel and meal costs to the location where the records are maintained.
CONSULTANT must include this provision in all subcontracts made in connection with this Agreement. This provision shall survive the termination of the Agreement.
Section 17. Nondiscrimination by CONSULTANT. In the performance of this Agreement, CONSULTANT assures that no person shall, on the basis of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement or under any project, program or activity supported by the Agreement, as required by Title VI of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987, and Federal Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). CONSULTANT shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, and shall take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
Section 18. Notice. Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party’s regular business hours or by facsimile before or during the receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth above, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.
Section 19. Attorney’s Fees. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.
Section 20. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and CONSULTANT, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and CONSULTANT.
Section 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.
Section 22. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.
DocuSign Envelope ID: E80EF2B2-717A-4776-86D4-AFE512D6C60A B0785-0001\2886047v2.doc
7 Section 23. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than CONSULTANT.
Section 24. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.
EXECUTED the day of 20___, at Beverly Hills, California.
CITY OF BEVERLY HILLS
A Municipal Corporation
JULIAN A. GOLD, M.D.
Mayor
ATTEST:
__________________________(SEAL)
HUMA AHMED
City Clerk
CONSULTANT: Civiltec Engineering, Inc.
W. DAVID BYRUM, P.E.
Chief Executive Officer
APPROVED AS TO FORM:
DIANA OCCHIPINTI
Corporate Secretary
APPROVED AS TO CONTENT:
LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
_____________________________
SHANA E. EPSTEIN
Director of Public Works
[Signatures continue]
DocuSign Envelope ID: E80EF2B2-717A-4776-86D4-AFE512D6C60A ~~ 0~
~ R.. ~~ ~
B0785-0001\2886047v2.doc
8 _____________________________
ROBERT WELCH
Utilities General Manager
_____________________________
SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: E80EF2B2-717A-4776-86D4-AFE512D6C60A 9 B0785-0001\2886047v2.doc
EXHIBIT A
SCOPE OF WORK
I. SCOPE OF WORK
CONSULTANT shall perform the following services:
Task 1. Development Support – Will Serve Analysis
CITY is requesting as-needed engineering support to review the potential impact to CITY’s water system by new developments and assist the developers in CITY’s water service area (including the portion in City of West Hollywood) in completing the Will Serve process. The tasks necessary to complete the work will include, but are not limited to: meeting with developers, reviewing and approving water demand calculations provided by developers engineers, performing hydraulic analyses and hydraulic modeling of new developments to determine impacts on the existing water system, coordinating with other CITY departments (such as Planning and Fire), preparing technical memorandums, reviewing drawings, and meeting with CITY staff. During the planning phase of complex projects, a deposit is typically required from a developer to analyze water system impacts and perform hydraulic modeling. This planning phase may lead to a design and construction phase.
Under this Task, CONSULTANT will provide design review of developer construction drawings for offsite improvements and construction support which is reimbursed through design and construction phase deposits by developers. CONSULTANT will assist CITY with the design review process until the plans are approved and accepted by the California Department of Water Resources, Division of Drinking Water (DDW), if a variance is required. CONSULTANT will also assist CITY with Requests For Information (RFIs) and material submittals ahead of construction as well as assist with solving construction problems such that DDW and CITY goals are accomplished.
CONSULTANT has supported the development workload for CITY for the last seven years, completing more than 30 hydraulic analyses over that time as well as several design and construction projects where water system improvements have been constructed. CITY collects planning, design and construction phase deposits from developers to accomplish these tasks.
Task 2. Development Support – Processing
CITY is requesting as-needed engineering support to process Will Serve requests. This will include but is not limited to: educating developers and owners on the development guidelines and the process required to obtain or change water services, as well as receiving and processing Will Serve applications, calculating fees, explaining the fees associated with new services, coordinating with developers, coordinating with the Fire Department and other internal CITY departments, reviewing and approving demand calculations, reviewing improvement drawings, verifying connection sizes, and confirming fees have been paid.
CONSULTANT will also assist CITY with encroachment permit processes with the City of West Hollywood. CONSULTANT will prepare traffic control plans as requested for work performed by CITY crews within the street rights-of-way. CITY is developing a fee for these plans which will be paid by the developer.
DocuSign Envelope ID: E80EF2B2-717A-4776-86D4-AFE512D6C60A B0785-0001\2886047v2.doc
10 CONSULTANT has performed development work for CITY for the last seven years, acting as the point of contact for all new water services, tracking all new or changed water services, and working with developers to process their applications and provide them with a new service connection.
Task 3. Capital Improvement Project (CIP) Staff Support CONSULTANT shall provide as-needed engineering support for planning, design and construction support for CIPs such as water mains, pump stations, pressure regulating valves (PRVs), reservoirs and other infrastructure projects. The work may consist of hydraulic modeling, preparation of Request for Proposals (RFPs), preparation of Plans, Specifications, and Cost Estimates (PS&E), bidding and construction support, or other tasks essential to executing the projects.
CONSULTANT continues to support CITY on an as-needed design of pipeline and other infrastructure, performing tasks such as sizing new pipelines, performing modeling for preliminary design, providing preliminary design reports, working with CITY staff to find solutions to water system issues, designing water main replacement projects, providing contract documents, and providing bidding and construction support.
Task 4. Water Modeling Support
CITY has developed a water model based on its extensive GIS database. The model has been calibrated by CONSULTANT and can be used to model different scenarios in CITY’s water system. Currently, the model is used to analyze the impacts of new developments on CITY’s water system and determine the fire flow capability at each hydrant as requested by developers. This task will also include maintaining CITY’s water model by adding any newly constructed infrastructure, adjusting the settings of valves if they are changed in the field, etc.
II. INFECTIOUS DISEASE
A. CONSULTANT shall be required to know and adhere to the California Occupational Safety and Health Act of 1973 (“CalOSHA”) COVID-19 Prevention Non-Emergency Regulations, the California Department of Public Health orders and all state, federal and local regulations regarding COVID-19 and other infectious diseases that may pose a risk to public health.
B. CONSULTANT shall advise employees who have any symptoms of COVID-19, the common cold, influenza or infectious disease not to report to work.
C. CONSULTANT shall notify their CITY Responsible Principal and the Risk Manager immediately upon learning that an employee who was working onsite at a CITY facility has been diagnosed with COVID-19 or any infectious disease.
For questions, please contact CITY’s Responsible Principal or Risk Management at 310-285- 1073.
DocuSign Envelope ID: E80EF2B2-717A-4776-86D4-AFE512D6C60A B0785-0001\2886047v2.doc
11 EXHIBIT B
SCHEDULE OF PAYMENT AND RATES
CITY shall compensate CONSULTANT for the satisfactory performance of the work described in this Agreement in an amount not to exceed Three Hundred Ninety-Five Thousand Twenty-Eight Dollars ($395,028.00) including all labor, taxes, and expenses at the rates set forth in this Exhibit B.
PAYMENT SCHEDULE
Professional fees for the services will be billed on a time and materials basis, not to exceed the budget summarized below. A breakdown of hours and costs is included as Attachment 1 to Exhibit B.
Task 1: Development Support- Technical Memorandums...........$64,500.00 Task 2: Planning Support – Development Processing ..............$208,688.00 Task 3: CIP Staff Support ...........................................................$98,556.00 Task 4: Water Modeling Support.................................................$23,284.00 Total.........................................................................................$395,028.00
SCHEDULE OF FEES
CITY shall compensate CONSULTANT at the rates set forth in Attachment 2 to Exhibit B.
CONSULTANT may submit new billing rates for review and subject to the written approval of CITY to take effect no sooner than January 1, 2025.
CONSULTANT shall submit to CITY a detailed invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within 30 days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall pay CONSULTANT said Consideration in accordance with the schedule of payment set forth in this Exhibit.
DocuSign Envelope ID: E80EF2B2-717A-4776-86D4-AFE512D6C60A 12 B0785-0001\2886047v2.doc
ATTACHMENT 1 TO EXHIBIT B
DocuSign Envelope ID: E80EF2B2-717A-4776-86D4-AFE512D6C60A City of Beverly Hills
On-Call Engineering Services
Time and Budget Estimate
Date· November 1 2023
Scooe of Work
Task 1 - Develooment Suooort- Tech Memos
Task 2 - Planninn Sunnnrt- Develonmenl Procession
Task 3 - CIP Staff Suooort
Task 4 - Water Modelino Suooort
HOURS
BUDGET
SI\.P!C=S...l'rr,c,palll1p,e..-
SrPM =5r.Projec,:Man•~•
SrPf = Sr. Project Engineer
~;~:~~:Can A,:!min : Admini<tn,.,,..A.:i=~ric•I
PIC =PriN:Jpal Encm« r
M E= PrincipalE!ectricalfnP,« r
PE =Proj«tEn;inttr
D:De,:;"1~
lrf =Junic>tfngcne .. ,
CO: lte<:&nt E"I./Con«. <>i>,;e,..e r
Sl5 : St>ffUndSIINeYO<
S..E=Sm-E~r
PM = P"')c«Man•F.'C'"
S..D= Sr. 0.-:igr,u
OO : De'4"er/Dnfw"
l'T : PlaMingTKMicfan
2MS: Two P.,......,~c,,.....
HOURS BY
PIC
s 278.00
40 200
140
10 390
s 108,420.00
HOURS BY HOURS BY HOURS BY
PM PE SrSE
s 242.00 $ 220.00 s 190.00 s
40 120
24 24
24 80
12 80
100 304 0
s 24,200.00 S 66,880.00 s s
HOURS BY HOURS BY HOURS BY HOURS BY HOURS BY
SE D DD CAD PT REIMB. TOTAL
173.00 s 163.00 s 147.00 s 132.00 s 142.00 EXPENSES COST s 395,028.00
100 s 64 500.00
1000 $ 208 688.00
40 40 60 80 24 s 98 556.00
$ 23 284.00
$
140 40 60 80 1024 2138
24,220.00 s 6,520.00 s 8,820.00 s 10,560.00 s 145,408.00 s s 395,028.00 13 B0785-0001\2886047v2.doc
ATTACHMENT 2 TO EXHIBIT B
RATE SCHEDULE
EFFECTIVE THROUGH DECEMBER 31, 2024
Principal Engineer (PE)...................................................................................... $278.00 Senior Engineer (PE) ......................................................................................... $263.00 Senior Project Manager ..................................................................................... $252.00 Principal Electrical Engineer (PE)....................................................................... $235.00 Project Manager................................................................................................. $242.00 Senior Project Engineer (PE) ............................................................................. $236.00 Project Engineer (PE) ........................................................................................ $220.00 Senior Designer ................................................................................................. $205.00 Senior Staff Engineer (EIT)................................................................................ $190.00 Staff Engineer (EIT) ........................................................................................... $173.00 Designer ............................................................................................................ $163.00 Designer/CAD Operator..................................................................................... $147.00 Planning Technician........................................................................................... $142.00 Construction Observer ....................................................................................... $158.00 CAD Operator.................................................................................................... $132.00 Junior Engineer (Intern) ....................................................................................... $90.00 Project Assistant .................................................................................................. $90.00 Two Person Survey Party .................................................................................. $280.00 Survey Manager (PLS)....................................................................................... $205.00 Staff Land Surveyor (PLS) ................................................................................. $175.00 Survey Technician ............................................................................................. $145.00 Subcontracted Services ............................................................................Cost plus 15% Mileage ......................................................................................................... $0.655/mile NOTE: All rates are effective through December 31, 2024. Any increases in rates after that date will be limited to 5% maximum. All rates are non-prevailing wage rates.
DocuSign Envelope ID: E80EF2B2-717A-4776-86D4-AFE512D6C60A
EXHIBIT C
B0785-0001\2886047v2.doc
EXHIBIT C
CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy(ies) described below:
NAMED INSURED COMPANIES AFFORDING COVERAGE
A.
B.
ADDRESS C.
COMPANY
(A. B. C.) COVERAGE
POLICY
NUMBER
EXPIRATION
DATE
B.I. LIMITS
P.D.
AGGREGATE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PRODUCTS/COMPLETED
OPERATIONS
BLANKET CONTRACTUAL
CONSULTANT'S PROTECTIVE
PERSONAL INJURY
EXCESS LIABILITY
WORKERS' COMPENSATION
It is hereby understood and agreed that the City of Beverly Hills, its City Council and each member thereof and every officer and employee of the City shall be named as joint and several assureds with respect to claims arising out of the following project or agreement:
It is further agreed that the following indemnity agreement between the City of Beverly Hills and the named insured is covered under the policy: CONSULTANT agrees to indemnify, hold harmless and defend City, its City Council and each member thereof and every officer and employee of City from any and all liability or financial loss resulting from any suits, claims, losses or actions brought against and from all costs and expenses of litigation brought against City, its City Council and each member thereof and any officer or employee of City which results directly or indirectly from the wrongful or negligent actions of CONSULTANT's officers, employees, agents or others employed by CONSULTANT while engaged by CONSULTANT in the (performance of this agreement) construction of this project.
It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right of contribution with insurance which may be available to the City of Beverly Hills.
In the event of cancellation or material change in the above coverage, the company will give 30 days written notice of cancellation or material change to the certificate holder.
Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein.
Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.
DATE: BY:
Authorized Insurance Representative
TITLE:
AGENCY: ADDRESS:
RM02.DOC REVISED 10/14/96.
DocuSign Envelope ID: E80EF2B2-717A-4776-86D4-AFE512D6C60A Certificate Of Completion
Envelope Id: E80EF2B2717A477686D4AFE512D6C60A Status: Sent Subject: Complete with DocuSign: Civiltec Engineering, Inc. - On-Call and As-Needed Source Envelope:
Document Pages: 14 Signatures: 6 Envelope Originator:
Certificate Pages: 3 Initials: 0 Erin Justus
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.169
Record Tracking
Status: Original
11/7/2023 8:26:47 AM
Holder: Erin Justus
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Diana Occhipinti
[email protected]
Corporate Secretary
Civiltec Engineering, Inc.
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 76.53.151.98
Sent: 11/7/2023 8:33:10 AM
Viewed: 11/7/2023 8:48:38 AM
Signed: 11/7/2023 8:49:29 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
W. David Byrum
[email protected]
President
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 98.163.177.210
Sent: 11/7/2023 8:33:11 AM
Viewed: 11/7/2023 12:42:30 PM
Signed: 11/7/2023 12:42:45 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 11/7/2023 12:42:46 PM
Viewed: 11/7/2023 1:43:48 PM
Signed: 11/7/2023 1:44:03 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Deborah R. Hakman for
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 208.87.235.180
Sent: 11/7/2023 1:44:04 PM
Viewed: 11/7/2023 1:47:17 PM
Signed: 11/7/2023 1:47:36 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
DocuSign·
Signer Events Signature Timestamp
Robert Welch
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.169
Sent: 11/7/2023 1:47:38 PM
Viewed: 11/7/2023 1:48:21 PM
Signed: 11/7/2023 1:48:41 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Shana E. Epstein
[email protected]
Director of Public Works
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 192.5.3.140
Signed using mobile
Sent: 11/7/2023 1:48:42 PM
Viewed: 11/7/2023 2:39:46 PM
Signed: 11/7/2023 2:40:10 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Logan Phillippo
[email protected]
Real Property Development Manager
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 11/7/2023 2:40:13 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Nancy Hunt-Coffey
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Julian A. Gold
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Huma Ahmed
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Carbon Copy Events Status Timestamp
Adrianne Tarazon
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Dorina Mohan
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Megan Grilley
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/7/2023 8:33:11 AM
Payment Events Status Timestamps