AGENDA REPORT
Meeting Date: May 5, 2026
Item Number:
To: Honorable Mayor & City Council
From: Robert Welch, P.E., Utilities General Manager
Daren Grilley, Assistant Director of Public Works/City Engineer Ara Retchian, Associate Project Manager
Subject: AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND BADGER METER, INC. FOR WATER METER LOCATION
SURVEY SERVICES; AND
APPROVAL OF A CORRESPONDING PURCHASE ORDER IN
THE NOT-TO-EXCEED AMOUNT OF $483,727.35
Attachments: 1. Agreement
RECOMMENDATION
Staff recommends that City Council approve an agreement with Badger Meter, Inc. (Badger) for a comprehensive pre-installation survey of the City’s water meters in support of the Advanced Metering Infrastructure (AMI) upgrade project in an amount not-to-exceed $460,692.75; approve a contingency in the amount of $23,034.60 (5%); and approve a purchase order in the amount of $483,727.35.
INTRODUCTION
The City of Beverly Hills is advancing towards implementation of an Advanced Metering Infrastructure (AMI) system. The updated and improved AMI technology will replace the City’s aging pre-existing AMI water meter infrastructure with advanced smart meters capable of real-time data collection, remote monitoring, and proactive leak detection, delivering enhanced operational efficiency and improved customer service. Modernizing the AMI is a critical investment in long-term reliability, efficiency, and customerresponsiveness. The existing AMI system is reaching the end of its useful service life, and replacement with next-generation smart meters will enable real-time consumption data, remote monitoring, proactive leak detection, and improved water loss accounting capabilities that directly support the City's conservation objectives, revenue integrity, and regulatory reporting obligations. The Integrated Water Resources Master Plan (IWRMP) addresses the importance of water meters and associated metering infrastructure as
BEVERLY
HILLS
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Meeting Date: May 5, 2026
foundational elements of the distribution system, demand management, and water use efficiency framework. The AMI system is an extension of the infrastructure upgrade priorities established in the IWRMP.
Under this agreement, Badger and its field services partner Concord Utility Services (collectively, “Badger/Concord”) will be conducting a comprehensive field survey of all water meter service locations (approximately 11,813 locations) within the City’s service territory.
DISCUSSION
By conducting the pre-installation survey, the City gains a thorough understanding of field conditions, meter sizes and configurations, and the condition of meter boxes — providing the foundation needed to precisely define the scope of work for full deployment.
This proactive approach reduces the likelihood of change orders and schedule disruptions, ensuring a more cost-effective and efficient AMI implementation.
The scope of work includes the deployment of trained field technicians to survey each meter account and collect the following observable data elements at each meter location:
• Address Verification – Confirm physical address matches work order records; • Meter Information – Make, model, size, and transmitter serial number; • Meter Box and Lid Condition – Lid size, material, condition, box integrity, and meter depth for transmitter clearance;
• Visible Plumbing Condition Assessment – Service piping, fittings, valves, nonstandard configurations, and abnormal conditions; • Site Conditions – Surface type (hardscape/softscape), hazards, obstructions, and restricted-access conditions; and
• Survey Validation – GPS coordinate capture and pre-/post-site condition photography.
• For meter boxes that are partially filled with dirt, the survey technician will remove sufficient dirt to gain access and document the endpoint/transmitter serial number, meter model, lay length, and associated couplings/fittings.
A pre-survey workshop will be conducted with City staff to review all scope elements prior to field work commencing. The survey will be conducted in coordination with City utility staff and will not require excessive excavation or removal of meter components beyond standard observational limits.
All field data, including photos, GPS coordinates, and notes, will be accessible to City staff in real-time through Peak Workflow, Badger/Concord’s work-order management platform, throughout the duration of the survey.
Upon survey completion, Badger/Concord will deliver a comprehensive database for all surveyed meters containing all data fields outlined in the scope of work, including photos and GPS data. The dataset will be aggregated into Excel (or similar) format and delivered to the City at regular intervals and at final completion. The survey is expected to be completed within ninety (90) working days from the issuance of Notice to Proceed.
Beverly Hills Municipal Code 3-3-112(G) allows an exception to the bidding requirement when the contract is for professional services such as attorneys, physicians, architects, Meeting Date: May 5, 2026
engineers, consultants, accountants, specialized printers or other individuals or organizations possessing a high degree of professional, unique, specialized or technical skill or expertise. In this case, Badger/Concord will provide specialized professional services, which is an allowed exception to the bidding requirement.
FISCAL IMPACT
Funds for this agreement are available in CIP #00669, Fund 800 – Water Meter Replacements. No additional funding is requested at this time.
Shana Epstein,
Director of Public Works
Approved By
Attachment 1
3227076
AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
BADGER METER, INC. FOR WATER METER LOCATION
SURVEY SERVICES
NAME OF CONSULTANT: Badger Meter, Inc.
RESPONSIBLE PRINCIPAL OF CONSULTANT: Ryan Fenton, Sales Manager – West CONSULTANT’S ADDRESS: 4545 W. Brown Deer Road
Milwaukee, WI 53223
Attention: Legal Department
CONSULTANT’S E.I.N./TAX I.D. NO.: 39-0143280
CITY’S ADDRESS: City of Beverly Hills
345 Foothill Road
Beverly Hills, CA 90210
Attention: Director of Public Works
COMMENCEMENT DATE: May 5, 2026
TERMINATION DATE: June 30, 2027, unless extended pursuant to Section 2 of this Agreement
CONSIDERATION: Total Not to Exceed: $460,692.75 at the
rates set forth in Exhibit B
Docusign Envelope ID: AE65E2FB-F69E-4DE9-BA31-35E828F437B2 2 AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
BADGER METER, INC. FOR WATER METER LOCATION
SURVEY SERVICES
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “CITY”) and Badger Meter, Inc., a Wisconsin corporation (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, CONSULTANT’s proposal, 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 (“Services”). 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 their 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: AE65E2FB-F69E-4DE9-BA31-35E828F437B2 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 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 their 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. Conflicts of Interest. 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: AE65E2FB-F69E-4DE9-BA31-35E828F437B2 4 Acknowledgement and Covenant Regarding Government Code Section 1097.6.
CONSULTANT acknowledges and agrees that it is prohibited from entering into a subsequent contract with the City related to the project herein, if CONSULTANT’s services herein include or included “preparing or assisting the [City] with any portion of the [City’s] preparation of a request for proposals or request for qualifications, or any other soliciation regarding [that] subsequent or additional contract with the [City]”, as that term is used in California Government Code Section 1097.6(a) and (b).
In accordance with Section 1097.6, it shall not be a violation of California Government Code Section 1090, et seq., if (a) a statement identical or substantially similar to the following is included in the initial contract between the CITY and the CONSULTANT:
“CONSULTANT’s duties and services under this agreement shall not include preparing or assisting the CITY with any portion of the CITY’S preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. CONSULTANT’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. CONSULTANT shall cooperate with the CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this agreement.”
and, (b) CONSULTANT is not in breach of the contractual obligations set forth in the foregoing paragraph.
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 One Million Dollars ($1,000,000) 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 Docusign Envelope ID: AE65E2FB-F69E-4DE9-BA31-35E828F437B2 5 and effect such insurance for one year after performance of work under this Agreement is completed. If a “claims made” policy is used, it shall be endorsed to provide an extended reporting period of not less than three (3) years. For the avoidance of doubt, the City will accept the CONSULTANT’s Technology Errors and Omissions coverage under the CONSULTANT’s cybersecurity policy to meet the requirements of this provision. (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 immediately terminate this Agreement. (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 ACORD form, 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.
(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, except for professional liability insurance. (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) To the fullest extent permitted by law, CONSULTANT agrees to indemnify, hold harmless and defend CITY, its 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 the acts and omissions, including any and all intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions, of CONSULTANT or any person employed by CONSULTANT in the performance of this Agreement.
Docusign Envelope ID: AE65E2FB-F69E-4DE9-BA31-35E828F437B2 6 (b) 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 ten (10) 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 for all Work 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 as well as any other obligations for the City described in Exhibit A.
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 are “works made for hire” and , together with all related intellecctual property rights, 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 Populations). CONSULTANT shall not discriminate against any employee, subcontractor, or Docusign Envelope ID: AE65E2FB-F69E-4DE9-BA31-35E828F437B2 7 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. Prevailing Wage. To the extent any of the Services constitute a “public work” as defined in California Labor Code Section 1720, et seq., then as to all such work 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 by this reference.
Section 19. 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 20. 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 21. 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 22. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated by reference in this Agreement. In the event of any discrepancy between the express or implied subject matter of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.
Section 23. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California without regard for conflicts of laws principles. Venue for any legal action arising out of this Agreement shall be the County of Los Angeles, California.
Section 24. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than CONSULTANT.
Section 25. 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.
Docusign Envelope ID: AE65E2FB-F69E-4DE9-BA31-35E828F437B2 8 Secction 26. Time is of the Essence. Time is of the essence in every term of this Agreement.
EXECUTED the day of 2026, at Beverly Hills,
California.
CITY OF BEVERLY HILLS
A Municipal Corporation
CRAIG A. CORMAN
Mayor
ATTEST:
______________________(SEAL)
HUMA AHMED
City Clerk
CONSULTANT: Badger Meter, Inc.
SHAUNA GRIFFIN
Sr. Director – North America, Sales
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
_____________________________
DAREN GRILLEY
Assistant Director of Public Works/
City Engineer
_____________________________
SHARON L’HEUREUX DRESSEL
Risk Manager
_____________________________
ANTHONY RODSTEIN
Purchasing Services Manager
Docusign Envelope ID: AE65E2FB-F69E-4DE9-BA31-35E828F437B2 9 EXHIBIT A
SCOPE OF WORK
(CONSULTANT’S PROPOSAL)
Docusign Envelope ID: AE65E2FB-F69E-4DE9-BA31-35E828F437B2 10 City of Beverly Hills
Pre-Installation Survey Proposal
Prepared: 11/17/2025
Revised: 12/17/2025
Beverly Hills, CA – Water Meter Survey Proposal
Introduction
Badger Meter and Concord Utility Services (“Concord”), at the request of the City of Beverly Hills (the “City”), has prepared the following proposal for a comprehensive Pre-Installation Survey of the City’s water meter service locations to collect data (the “Survey”) in advance of the Advanced Metering Infrastructure (AMI) upgrade project (the “Project”) as contemplated by the REQUEST
FOR PROPOSAL ADVANCED
METERING INFRASTRUCTURE (AMI)
PROJECT RFP 25-350-42 for the City.
A separate contract will be executed if
the City would like to accept this
proposal.
Badger Meter
4545 W Brown Deer Road
Milwaukee, Wisconsin 53223
David Blakeney
Account Manager
909-996-7909
[email protected]
Docusign Envelope ID: AE65E2FB-F69E-4DE9-BA31-35E828F437B2 t;
Badger Meter
11 Survey Scope of Work
The survey will capture information on each account in scope that will provide the City additional intelligence on its service territory and empower more proactive planning of future AMI deployment activities for the Project. Survey activities will be performed in coordination with utility staff. The scope of the survey is to capture observable information at each in-scope account without performing excessive excavation, confined space entry, or removal of meter pit components beyond standard observational limits. A pre-Survey workshop will be conducted with the City to review scope of work being performed in accordance with the below.
Data Collection Elements
The following data points will be collected where safely and reasonably accessible:
1. Address Verification
Confirm physical address matches work order information.
2. Meter Information
Meter make and model (if observable)
Meter size
Transmitter Serial Number– Confirms existing transmitter serial number. It is assumed that the ‘Transmitter Serial Number” will function as the “primary key” for City record location.
3. Meter Box and Lid Condition
Lid size, material, and condition
Box material type and integrity
Verify meter depth for transmitter clearance
4. Visible Plumbing Condition Assessment
Inspect visible service piping, fittings, and valves (if accessible) Identify non-standard configurations or unusual fittings Note any abnormal conditions or plumbing setups
5. Site Conditions
Note surface type (Hardscape / Softscape)
Identify any hazards, obstructions, or restricted access conditions
6. Survey Validation
GPS coordinate capture (Consumer / Cell Phone Grade)
Pre- and post-site condition photos for documentation Docusign Envelope ID: AE65E2FB-F69E-4DE9-BA31-35E828F437B2 12 Staffing and Duration
Five (5) Concord field technicians will perform the Survey, with expected substantial completion in sixty (60) working days for the residential portion of the survey, and a total of ninety (90) working days for the balance of the survey (including intermediate and large meters) from receipt of file with the in-scope accounts from the City and/or Notice to Proceed, whichever is later, assuming normal access and non-adverse weather conditions that would delay the Survey.
Assumptions and Clarifications
1. Utility Escort/Assistance: The utility will provide two (2) city escorts (in total) for meter location assistance and restricted-access sites to ensure efficient and safe Survey completion.
2. Surveyors will spend no more than five (5) minutes at an address attempting to locate a meter.
Accounts that are unable to be located within that timeframe will be designated ‘utility intervention required’ (“UIR”) for assistance with locations.
3. Accounts where construction debris, vehicles, locked gates, landscaping, root intrusion, paving, asphalt, or concrete coverage prevent access to the meter pit will be designated UIR.
4. Accounts where there is a safety concern or unsafe site conditions will be designated UIR
5. If accounts are designated UIR, either due to inability to locate the meter or inability to access the meter, they will be so-designated in Peak Workflow (work-order management system).
The City will have access to Peak Workflow throughout the survey deployment. Any account designated UIR will be resolved by the City within five (5) business days of the designation.
Accounts that cannot be resolved in this period, the account will be designated Return-toUtility (“RTU”) and removed from the Survey scope of work.
6. Substantial excavation (i.e. to locate or access a buried or completely full meter box) and/or dewatering of flooded pits is not included in the scope of work for the Survey. If these conditions are encountered, they will be documented as such in Peak Workflow and may be remediated by the meter installation team during the AMI deployment, if not remediated by the City via the UIR process. If a meter box is locatable, accessible, and partially filled with dirt, the survey technician will clear enough dirt to access and document the endpoint/transmitter serial number, meter model, lay length, and couplings/fittings. Once the data points are captured, removed dirt will be returned to the box.
7. All field data, including photos, GPS coordinates, and notes, will be available for reference in Peak Workflow (work order management system) throughout the Survey.
8. Scope Limitations: Concord scope is limited to field data collection only. i. Analysis, design, or scope development activities are not included in this Survey. ii. Any additional consulting, data interpretation, or project scope development services will be subject to a separate proposal and fee.
9. Badger Meter shall not be responsible for any failure or delay in fulfilling or performing the Survey when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Badger Meter including, without limitation, acts of God, terrorism, governmental action or regulation, or other adverse weather Docusign Envelope ID: AE65E2FB-F69E-4DE9-BA31-35E828F437B2 13 conditions. In the event of any such delay, the date of delivery shall be extended for a period equal to the time lost by reason of the delay.
10. The pricing and scope provided for the Survey assumes that the City and Badger Meter will affirmatively enter into a subsequent contract for the AMI Deployment.
11. Any services not explicitly stated as included in this scope of work are considered excluded from the scope of work for the Survey. Any changes to the scope of work as stated herein would require mutual written agreement between the parties.
Deliverables
The deliverable of the survey will be a complete database for all surveyed meters (including photos and GPS data). This data will be aggregated into an Excel (or similar) format and provided to the City at regular intervals as well as at the conclusion of the Survey. The deliverable shall contain the data fields outlined in the “Data Collection Elements” section, previously.
Docusign Envelope ID: AE65E2FB-F69E-4DE9-BA31-35E828F437B2 14 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 Sixty Thousand, Six Hundred Ninetytwo Dollars and Seventy-Five Cents ($460,692.75), including all labor, materials, taxes, and expenses at the rates set forth in this Exhibit.
Description Quantity Unit Cost Total
Small Meter Location Survey (5/8"-1") 7,735 $28.35 $219,287.25 Intermediate Meter Location Survey (1.5"-2") 3,150 $47.25 $148,837.50 Large Meter Location Survey (3" and above) 628 $99.75 $62,643.00 Unknownsize/additional meters 300 $99.75 $29,925.00
Total $460,692.75
Note – in the most current data available, a total of 84 meters are of indeterminate size.
For budgetary purposes these 300 units are shown at the highest possible price point (for large meters) to account for additional meters not in the inventory and any unknow sizes.
During the course of the survey, the applicable unit rate for the size of meter identified will be billed with appropriate supporting data to confirm size.
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: AE65E2FB-F69E-4DE9-BA31-35E828F437B2 15 EXHIBIT C
CALIFORNIA LABOR CODE COMPLIANCE
Section 1. CONSULTANT acknowledges that certain work required to complete the project, as defined in the Agreement to which this Exhibit is attached and incorporated by reference, is a “public work” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and that this Agreement is subject to (a) all requirements set forth Labor Code Sections 1720 through 1861 (“Chapter 1”), and Sections 2 through 12, below; and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. As to all such work, CONSULTANT shall perform the work as a public work.
CONSULTANT shall comply with and be bound by all the terms, rules and regulations described in Labor Code Sections 1720 through 1861 as though set forth in full herein.
Section 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.
Section 3. CONSULTANT 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. CONSULTANT shall not perform work with any subconsultant that is not registered with DIR pursuant to Section 1725.5. CONSULTANT and subconsultants shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If CONSULTANT or any subconsultant cease to be registered with DIR at any time during the duration of the project, CONSULTANT shall immediately notify CITY.
Section 4. Pursuant to Labor Code Section 1771.4, CONSULTANT’s Services are subject to compliance monitoring and enforcement by DIR. CONSULTANT shall post job site notices, as prescribed by DIR regulations.
Section 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. CONSULTANT acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and CONSULTANT shall post such rates at each job site covered by this Agreement.
Section 6. CONSULTANT 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. CONSULTANT shall, as a penalty to the CITY, forfeit two hundred dollars ($200) 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 CONSULTANT or by any subconsultant.
Section 7. CONSULTANT shall comply with and be bound by the provisions of Labor Code Section 1776, which requires CONSULTANT and each subconsultant to (1) keep and report accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the CITY of the location of the records.
Section 8. CONSULTANT shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, section 200, et seq. concerning the employment of apprentices on public works projects. CONSULTANT shall be responsible for compliance with these aforementioned Sections for all apprenticeable Docusign Envelope ID: AE65E2FB-F69E-4DE9-BA31-35E828F437B2 16 occupations. Prior to commencing work under this Agreement, CONSULTANT 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, CONSULTANT and each of its subconsultants shall submit to the CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.
Section 9. CONSULTANT acknowledges that eight hours labor constitutes a legal day’s work.
CONSULTANT shall comply with and be bound by Labor Code Section 1810. CONSULTANT shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. CONSULTANT shall, as a penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by CONSULTANT or by any subconsultant 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 CONSULTANT 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.
Section 10. 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, CONSULTANT 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.”
Section 11. For every subconsultant who will perform work on the project, CONSULTANT shall be responsible for such subconsultant’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and CONSULTANT shall include in the written contract between it and each subconsultant a copy of those statutory provisions and a requirement that each subconsultant shall comply with those statutory provisions. CONSULTANT shall be required to take all actions necessary to enforce such contractual provisions and ensure subconsultant’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subconsultant and upon becoming aware of the failure of the subconsultant to pay his or her workers the specified prevailing rate of wages. CONSULTANT shall diligently take corrective action to halt or rectify any failure.
Section 12. To the maximum extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend (at CONSULTANT’s expense with counsel reasonably acceptable to the CITY) the 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 failure to comply with any of the Labor Code requirements set forth in this Exhibit C, including any failure to pay prevailing wages, by any person or entity (including CONSULTANT, its subconsultants, 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 CONSULTANT under this Section shall survive termination of the Agreement.
Docusign Envelope ID: AE65E2FB-F69E-4DE9-BA31-35E828F437B2 Certificate Of Completion
Envelope Id: AE65E2FB-F69E-4DE9-BA31-35E828F437B2 Status: Sent Subject: Complete with Docusign: Badger Meter, Inc. - Water Meter Location Survey Source Envelope:
Document Pages: 16 Signatures: 6 Envelope Originator:
Certificate Pages: 3 Initials: 0 Erin Justus
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455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.177
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Status: Original
4/28/2026 3:46:23 PM
Holder: Erin Justus
[email protected]
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Shauna Griffin
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Deborah R. Hakman for
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Anthony Rodstein
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City of Beverly Hills (Finance Department)
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Sharon L'Heureux Dressel
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Sharon Dressel
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Daren Grilley
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Shana E. Epstein
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Director of Public Works
City of Beverly Hills
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Anthony Rodstein
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Purchasing Services Manager
City of Beverly Hills (Finance Department)
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Nancy Hunt-Coffey
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Craig A. Corman
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Huma Ahmed
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Denise Garcia
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Keith Sterling
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