AGENDA REPORT
Meeting Date: October 28, 2025
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, Senior Management Analyst
Subject: AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND CIVILTEC ENGINEERING, INC. FOR CAPITAL IMPROVEMENT
PROGRAM SUPPORT AND DEVELOPMENT SUPPORT; AND
APPROVAL OF A PURCHASE ORDER IN THE AMOUNT OF
$280,000
Attachments: 1. Agreement
RECOMMENDATION
Staff recommends that City Council approve:
1. An agreement between the City of Beverly Hills and Civiltec Engineering, Inc. (Civiltec) for Capital Improvement Program Support and Development Support; and
2. A purchase order in the amount of $280,000.
INTRODUCTION
The City currently utilizes Civiltec (consultant) 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 water projects. Civiltec’s current contract is expiring in December 2025, and staff is recommending a new two-year contract to continue utilizing their support services.
BEVERL
HILLS
Meeting Date: October 28, 2025
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 an average of 80 development projects annually in various phases of planning, building and safety permitting and construction within the City’s water service area. Additionally, the City’s 2020 Integrated Water Resources Master Plan (IWRMP) 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 also corroborated the anticipated high development growth in their General Plan update. These anticipated projects are in various phases of development with approximately one-third of the anticipated developments already built or in construction.
As part of the City’s Water Will-Serve process, developers are required to submit information such as site plans, demand calculations, fire flow data and relevant information regarding their water services to enable the City to determine the feasibility and the potential impacts to the City’s water system. The City typically conducts these analyses in-house for smaller developments. For developments, including, but not limited to, larger commercial and mixed-used projects, the City utilizes Civiltec to support Public Works staff with hydraulic modeling, plan checking and design review of developer’s water improvement plans. Civiltec also provides construction support for these complex development projects through review of submittals and requests for information (RFIs) during the installation and construction of required infrastructure as required by the City.
In addition, Civiltec maintains and updates the City’s hydraulic model on an ongoing basis. The model is used to assist with design of capital improvement projects (CIP) and other water infrastructure improvements. 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. Civiltec also provides on-call design services for non-programmed water main repairs and/or replacements. These replacements, separate from the City’s planned water main replacement program, are typically more time-sensitive and shorter in project duration.
The current Civiltec agreement will end on December 31, 2025, and staff recommends the City execute a new two-year on-call agreement for calendar years 2026 and 2027.
Staff recommends continuing to utilize Civiltec due to their skill set, 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 staff augmentation 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 bid clause of the procurement regulations, BHMC § 3-3-112 (G).
To recover direct costs associated with Civiltec’s services, the City requires larger, more complex developments requesting new or upgraded water meter installations to submit a deposit. This deposit covers Civiltec’s time to process the request, which includes performing the necessary hydraulic analyses and design review when infrastructure improvements are determined. The deposit amount is determined by the size and complexity of the project and corresponding water demands. Over the past several Meeting Date: October 28, 2025
years, the City has collected approximately $600,000 in deposits for developmentrelated services, which has offset contract expenditures.
FISCAL IMPACT
Funding for this agreement is available in the Water Enterprise Fund. Because the contract will span two years, staff proposes to encumber $280,000 of the total contract amount in the current fiscal year (“FY”) to cover anticipated work in Calendar Year 2026 with the remaining balance to be encumbered in FY 2026/27. Based on projected development activity, staff estimates a revenue offset of approximately $190,000 in development deposits, which will help offset the costs of providing development support services.
Shana Epstein,
Director of Public Works
Approved By
Attachment 1
B0785-0001\3164047v1.doc
AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
CIVILTEC ENGINEERING, INC. FOR CAPITAL IMPROVEMENT
PROGRAM SUPPORT AND DEVELOPMENT SUPPORT
NAME OF CONSULTANT: Civiltec Engineering, Inc.
RESPONSIBLE PRINCIPAL OF CONSULTANT: W. David Byrum, P.E.
President/CEO
CONSULTANT’S ADDRESS: 605 E. Huntington Drive, Suite 205 Monrovia, CA 91016
Attention: W. David Byrum, P.E.,
President/CEO
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, 2026
TERMINATION DATE: December 31, 2027, unless extended
pursuant to Section 2
CONSIDERATION: Professional fees not to exceed
$480,000.00; Contingency not to exceed
$48,000.00
Total Not to Exceed $528,000.00, as
described in Exhibit B
Docusign Envelope ID: DCE8E87B-D1A8-49E6-B3DC-4BB4D8D839F9
B0785-0001\3164047v1.doc
2 AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
CIVILTEC ENGINEERING, INC. FOR CAPITAL IMPROVEMENT
PROGRAM SUPPORT AND DEVELOPMENT 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 one additional one-year terms or such other term not to exceed one year 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: DCE8E87B-D1A8-49E6-B3DC-4BB4D8D839F9
B0785-0001\3164047v1.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.
(d) Prevailing Wage.
This Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code. Therefore, as to those services that are “public works”, CONSULTANT shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated herein.
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 the City Manager. 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.
Docusign Envelope ID: DCE8E87B-D1A8-49E6-B3DC-4BB4D8D839F9
B0785-0001\3164047v1.doc
4 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.
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) Professional Liability Insurance
A policy or policies of Professional Liability Insurance (errors and omissions) with minimum limits of Five Million Dollars ($5,000,000) 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 the CITY Risk Manager a certificate or certificates of insurance on the form set forth in Exhibit D, 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 the CITY Risk Manager such certificate or certificates. The general liability insurance shall contain an endorsement naming the CITY as an additional insured.
Docusign Envelope ID: DCE8E87B-D1A8-49E6-B3DC-4BB4D8D839F9
B0785-0001\3164047v1.doc
5 (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.
(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) Indemnity for Design Professional Services. To the fullest extent permitted by law, CONSULTANT shall, at its sole cost and expense, protect, indemnify, and hold harmless CITY and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those CITY agents serving as independent contractors in the role of CITY officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, and reimbursement of attorney’s fees and costs of defense (collectively “Liabilities”), whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of CONSULTANT, its officers, agents, servants, employees, subcontractors, material men, contractors or their officers, agents, servants or employees (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code Section 2782.8(c)(2). In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT’s proportionate share of fault. (b) Other Indemnities. Other than in the performance of design professional services, and to the fullest extent permitted by law, CONSULTANT shall, at its sole cost and expense, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Claims”), in law or equity, to the extent caused by the negligence or willful misconduct of CONSULTANT, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of this Agreement, as determined by judicial decision or by the agreement of the Parties. CONSULTANT shall defend the Indemnitees in any action or actions filed in connection with any Claim with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such Docusign Envelope ID: DCE8E87B-D1A8-49E6-B3DC-4BB4D8D839F9
B0785-0001\3164047v1.doc
6 defense. CONSULTANT shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. (c) All duties of CONSULTANT under this section 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 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 Docusign Envelope ID: DCE8E87B-D1A8-49E6-B3DC-4BB4D8D839F9
B0785-0001\3164047v1.doc
7 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 discrepancy between the express or implied subject matters 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.
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. [Signatures Follow]
Docusign Envelope ID: DCE8E87B-D1A8-49E6-B3DC-4BB4D8D839F9
B0785-0001\3164047v1.doc
8 EXECUTED the day of 20___, at Beverly Hills, California.
CITY OF BEVERLY HILLS
A Municipal Corporation
SHARONA R. NAZARIAN, PsyD
Mayor of the City of Beverly Hills
ATTEST:
______________________(SEAL)
HUMA AHMED
City Clerk
CONSULTANT: Civiltec Engineering, Inc.
W. DAVID BYRUM, PE
President/CEO
DIANA OCCHIPINTI
Corporate Secretary
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
SHANA E. EPSTEIN
Director of Public Works
ROBERT WELCH
Utilities General Manager
SHARON L’HEUREUX DRESSEL
Risk Manager
ANTHONY RODSTEIN
Purchasing Services Manager
Docusign Envelope ID: DCE8E87B-D1A8-49E6-B3DC-4BB4D8D839F9 9 B0785-0001\3164047v1.doc
EXHIBIT A
SCOPE OF WORK
I. SCOPE OF WORK
CONSULTANT shall perform the following services on an as-needed basis as requested by the Director of Public Works or her designee:
Task 1. 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 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 2. Development Support - Will Serve Analysis
CITY may request as-needed engineering support to review the potential impact on the water system by new developments. The tasks necessary to complete the work will include, but are not limited to the following: meeting with developers, reviewing and approving water demand calculations provided by developer’s 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 support.
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 the Department of Drinking Water (DDW) and CITY goals are accomplished.
CONSULTANT will also assist CITY with encroachment permit processes with the City of West Hollywood. CONSULTANT will prepare traffic control plans as required by the City of West Hollywood for water infrastructure work performed by CITY crews within the City of West Hollywood street rights-of-way. CITY has developed a fee for these plans which will be paid by the developer.
Docusign Envelope ID: DCE8E87B-D1A8-49E6-B3DC-4BB4D8D839F9
B0785-0001\3164047v1.doc
10 CONSULTANT has supported the development workload for CITY since 2016, completing more than 40 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.
Water Modeling Support
CITY has developed a water model based on CITY’s extensive Geographic Information System (GIS) database. The model has been calibrated by CONSULTANT and can be used to simulate different scenarios within 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 needs and impacts, required by CITY for all developers. This task will also include maintaining CITY’s water model by adding any newly constructed infrastructure.
Authorized Responsible Engineers
CONSULTANT shall assign W. David Byrum, P.E., Principal Engineer, as CONSULTANT’s representative and overall Project Manager. He will be responsible for the CONSULTANT’s timely response and quality completion of all assignments. Mr. Byrum is the President of CONSULTANT and has complete authority to handle all contractual matters, commit CONSULTANT’s resources as necessary and take all actions necessary to meet CITY requests. Mr. Byrum will be assisted by Gretel Ochoa, P.E., Project Manager/Engineer, Tim Kwan, P.E., Project Engineer, and David Song, P.E., Principal Engineer.
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: DCE8E87B-D1A8-49E6-B3DC-4BB4D8D839F9
B0785-0001\3164047v1.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 Four Hundred Eighty Thousand Dollars ($480,000.00), including all labor, taxes, and expenses at the rates set forth in Attachment 1 to Exhibit B.
Contingency in an amount not to exceed Forty-Eight Thousand Dollars ($48,000.00) for additional, unforeseen, and unanticipated work outside the Scope of Work described in Exhibit A, shall not be undertaken without the express direction by CITY in writing. Compensation for said additional work shall be mutually agreed upon by CITY and CONSULTANT in writing.
In no event shall this Agreement total exceed Five Hundred Twenty-Eight Thousand Dollars ($528,000.00).
BUDGET
The budgets for the services for calendar years 2026 (Year 1) and 2027 (Year 2) are provided below. The services will be billed on a time-and-materials not-to-exceed basis as summarized below.
Year 1 Year 2
Task 1: CIP Staff Support ........................................ $130,000.00 .......... $100,000.00 Task 2: Development Support ................................. $150,000.00 .......... $100,000.00 Sub-Totals ............................................................... $280,000.00 .......... $200,000.00 10% Contingency……………………………….……….$28,000.00…..……$20,000.00 Total Not to Exceed…………………………………………………………$528,000.00
CONSULTANT may submit new billing rates for City’s review annually, which are subject to the written approval of CITY, to take effect no sooner than December 31, 2027.
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 thirty (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: DCE8E87B-D1A8-49E6-B3DC-4BB4D8D839F9 12 B0785-0001\3164047v1.doc
ATTACHMENT 1 TO EXHIBT B
Docusign Envelope ID: DCE8E87B-D1A8-49E6-B3DC-4BB4D8D839F9 engineering inc.
Civil, Water, Wastewater, Drainage, Transportation and
Electrical/Controls Engineering • Construction Management • Surveying Califomia • Arizona
RATE SCHEDULE
EFFECTIVE UNTIL DECEMBER 31, 2026
Principal Engineer (PE) $290.00
Senior Engineer (PE) $274.00
Senior Project Manager. $263.00
Principal Electrical Engineer(PE) $245.00
Project Manager $252.00
Senior Project Engineer (PE) $246.00
Project Engineer (PE) $229.00
Senior Designer. $214.00
Senior Staff Engineer (EIT) $198.00
Staff Engineer (EIT) $180.00
Designer $170.00
Designer/CAD Operator $153.00
Planning Technician $148.00
Construction Observer $165.00
CAD Operator $138.00
Junior Engineer (lnte111) $94.00
Project Assistant $94.00
Two Person Survey Party $292.00
Survey Manager (PLS) $214.00
Staff Land Surveyor (PLS) $182.00
Survey Technician $151.00
Subcontracted Services.................................................................................... Cost plus I5% Mileage $0.70/mile
NOTE: All rates are effective until December 31, 2026. Any increases in rates after that date will be limited to 5% maximum.
All rates are non-prevailing wage rates.
WA\Documents\Corporate Rate Schedules\Beverly Hills, City of\Beverly Hills 2026 Rate Schedule.docx 605 E. Huntington Dr., Suite 205, Monrovia, CA 91016 JP: 626.357.0588 1440 N. Harbor Blvd., Suite 721, Fullerton, CA 92835 IP: 714.459.7957 440 N. Mountain Ave, Suite 210, Upland, CA 917861 P 626.357.0588
B0785-0001\3164047v1.doc
13 Docusign Envelope ID: DCE8E87B-D1A8-49E6-B3DC-4BB4D8D839F9 engineering inc.
Civil, Water, Wastewater, Drainage, Transportation and
Electrical/Controls Engineering • Construction Management • Surveying Califomia • Arizona
RATE SCHEDULE
EFFECTIVE UNTIL DECEMBER 31, 2027
Principal Engineer (PE) $302.00
Senior Engineer (PE) $285.00
Senior Project Manager $274.00
Principal Electrical Engineer (PE) $255.00
Project Manager $263.00
Senior Project Engineer (PE) $256.00
Project Engineer (PE) $239.00
Senior Designer $223.00
Senior Staff Engineer (EIT) $206.00
Staff Engineer (EIT) $188.00
Designer $177.00
Designer/CAD Operator $160.00
Planning Technician $154.00
Construction Observer $172.00
CAD Operator $144.00
Junior Engineer (lntem) $98.00
Project Assistant $98.00
Two Person Survey Party $304.00
Survey Manager (PLS) $223.00
Staff Land Surveyor (PLS) $190.00
Survey Technician $158.00
Subcontracted Services Cost plus 15%
Mileage $0.72/mile
NOTE: All rates are effective until December 31, 2027. Any increases in rates after that date will be limited to 5% maximum.
All rates are non-prevailing wage rates.
WA\Documents\Corporate\Rate Schedules\Beverly Hits, City of\Beverly Hills 2027 Rate Schedule.docx 605 E. Huntington Dr., Suite 205, Monrovia, CA 910161 P: 626.357.0588 1440 N. Harbor Blvd., Suite 721, Fullerton, CA 92835 IP: 714.459.7957 440 N. Mountain Ave, Suite 210, Upland, CA 917861 P 626.357.0588 14 B0785-0001\3164047v1.doc
EXHIBIT C
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS For purposes of this Exhibit, Contractor shall mean CONSULTANT.
1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Contractor acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City.
4. Pursuant to Labor Code Section 1771.4, Contractor’s Services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.
Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.
6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.
Docusign Envelope ID: DCE8E87B-D1A8-49E6-B3DC-4BB4D8D839F9
B0785-0001\3164047v1.doc
15 8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
9. The Contractor shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. The Contractor and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If the Contractor or any subcontractor becomes debarred or suspended during the duration of the project, the Contractor shall immediately notify City.
10. Contractor acknowledges that eight hours labor constitutes a legal day’s work.
Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.
11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
12. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure.
Docusign Envelope ID: DCE8E87B-D1A8-49E6-B3DC-4BB4D8D839F9
B0785-0001\3164047v1.doc
16 13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement.
Docusign Envelope ID: DCE8E87B-D1A8-49E6-B3DC-4BB4D8D839F9
B0785-0001\3164047v1.doc
17 EXHIBIT D
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: DCE8E87B-D1A8-49E6-B3DC-4BB4D8D839F9 Certificate Of Completion
Envelope Id: DCE8E87B-D1A8-49E6-B3DC-4BB4D8D839F9 Status: Sent Subject: Complete with Docusign: Civiltec Engineering, Inc. - CIP Support and Development Support Source Envelope:
Document Pages: 17 Signatures: 7 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
9/30/2025 4:00:15 PM
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: 9/30/2025 4:19:16 PM
Viewed: 10/1/2025 5:35:21 AM
Signed: 10/1/2025 5:35:55 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: 76.53.151.98
Sent: 9/30/2025 4:19:17 PM
Viewed: 10/1/2025 3:54:40 PM
Signed: 10/1/2025 3:55:55 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: 2a02:26f7:b36b:4000:e000::46
Signed using mobile
Sent: 10/1/2025 3:55:58 PM
Viewed: 10/1/2025 4:49:49 PM
Signed: 10/1/2025 4:50:05 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Anthony Rodstein
[email protected]
Purchasing Services Manager
City of Beverly Hills (Finance Department)
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.181
Sent: 10/1/2025 4:50:07 PM
Resent: 10/3/2025 7:36:49 AM
Viewed: 10/3/2025 10:44:38 AM
Signed: 10/3/2025 10:44:43 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
? docusign
Signer Events Signature Timestamp
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: 10/3/2025 10:44:45 AM
Viewed: 10/3/2025 11:28:23 AM
Signed: 10/3/2025 11:28:32 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Robert Welch
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.177
Sent: 10/3/2025 11:28:35 AM
Viewed: 10/3/2025 11:29:44 AM
Signed: 10/3/2025 11:32:33 AM
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: 10/3/2025 11:32:35 AM
Resent: 10/6/2025 7:53:46 AM
Resent: 10/7/2025 2:29:40 PM
Viewed: 10/7/2025 2:32:50 PM
Signed: 10/7/2025 2:33:27 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Anthony Rodstein
[email protected]
Purchasing Services Manager
City of Beverly Hills (Finance Department)
Security Level: Email, Account Authentication
(None)
Sent: 10/7/2025 2:33:29 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
Sharona R. Nazarian
[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
Jessika Vasquez
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Keith Sterling
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Jackie Galeas
[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 9/30/2025 4:19:17 PM
Payment Events Status Timestamps