HomeMy WebLinkAbout2025-018 Black Veatch Water Reclamation Facility Design C2020W03
CITY OF ATASCADERO
CONTRACT FOR
PROFESSIONAL SERVICES
WITH
BLACK & VEATCH CORPORATION
FOR
ATASCADERO WATER RECLAMATION FACILITY REPLACEMENT
CITY PROJECT NO. C2020W03
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CONSULTANT SERVICES AGREEMENT
THIS CONTRACT is made and entered into between City of Atascadero, a Municipal Corporation
(“City”), and Black & Veatch Corporation (“Consultant”). City and Consultant agree as follows:
1. SCOPE AND STANDARDS:
A. CONTRACT. Consultant shall do all work, attend all meetings, produce all reports and carry
out all activities necessary to complete the services described in the SCOPE OF WORK AND STANDARDS
FOR SERVICES, attached hereto and incorporated herein by this reference as Exhibit A, as requested by
the City. This Contract and its exhibits shall be known as the “Contract Documents.” Terms set forth in
any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in
full therein.
2. EMPLOYMENT STATUS OF PERSONNEL:
A. INDEPENDENT CONTRACTOR; EMPLOYEES OF CONSULTANT. Consultant enters
into this Contract as, and shall at all times remain as to the City, an independent contractor and not as
an employee of the City. Nothing in this Contract shall be construed to be inconsistent with this
relationship or status. Any persons employed by Consultant for the performance of services pursuant
to this Contract shall remain employees of Consultant, shall at all times be under the direction and
control of Consultant, and shall not be considered employees of City. All persons employed by
Consultant to perform services pursuant to this Contract shall be entitled solely to the right and privileges
afforded to Consultant employees and shall not be entitled, as a result of providing services hereunder,
to any additional rights or privileges that may be afforded to City employees.
B. INDEPENDENT INVESTIGATION. The Consultant agrees and hereby represents it has
satisfied itself by its own investigation and research regarding the conditions affecting the work to be
done and labor and materials needed, and that its decision to execute this Contract is based on such
independent investigation and research.
C. COMPLIANCE WITH EMPLOYMENT LAWS. The Consultant shall keep itself fully
informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations
employed by it or under its control to observe and comply with, applicable federal, state, county and
municipal laws, ordinances, regulations, orders and decrees which in any manner affect those engaged
or employed on the work described by this Contract or the materials used or which in any way affect the
conduct of the work.
D. UNLAWFUL DISCRIMINATION PROHIBITED. Consultant shall not engage in unlawful
employment discrimination. Such unlawful employment discrimination includes, but is not limited to,
employment discrimination based upon a person’s race, religious creed, color, national origin, ancestry,
physical handicap, medical condition, marital status, gender, citizenship or sexual orientation.
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3. TIME OF PERFORMANCE:
The services of Consultant are to commence upon execution of this Contract by City, and shall be
undertaken and completed in a prompt and timely manner, in accordance with the Scope of Work
referenced in Exhibit A. Except as provided in Sections 6 and 19 below, this Contract shall terminate no
later than December 31, 2031 unless extended by the mutual agreement of both parties.
4. COMPENSATION:
A. TERMS. Compensation to the Consultant shall be as set forth in Exhibit B attached hereto
and made a part hereof.
B. NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING. Consultant shall not be
compensated for any services rendered in connection with its performance of this Contract, which are
in addition to those set forth herein or listed in Exhibit A, unless such additional services are authorized
in advance and in writing by the City Manager or the City Manager’s designee (hereinafter “City
Manager” shall include the City Manager’s designee). Consultant shall be compensated for any
additional services in the amounts and in the manner as agreed to by City and Consultant at the time
City’s express written authorization signed by the City Manager is given to Consultant for the
performance of said services.
5. SUPERVISON, LABOR AGREEMENTS AND PERSONNEL:
A. CONSULTANT SUPERVISES PERSONNEL. The Consultant shall have the responsibility
for supervising the services provided under this Contract, hiring of personnel, establishing standards of
performance, assignment of personnel, determining and affecting discipline, determining required
training, maintaining personnel files, and other matters relating to the performance of services and
control of personnel. The City Manager may use any reasonable means to monitor performance and the
Consultant shall comply with the City Manager’s request to monitor performance.
B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS. The City
acknowledges that the Consultant may be obligated to comply with bargaining agreements and/or other
agreements with employees and that the Consultant is legally obligated to comply with these Contracts.
It is expressly the intent of the parties and it is agreed by the parties that the Consultant’s performance
shall not in any manner be subject to any bargaining agreement(s) or any other agreement(s) the
Consultant may have covering and/or with is employees.
C. APPROVAL OF STAFF MEMBERS. Consultant shall make every reasonable effort to
maintain the stability and continuity of Consultant’s staff assigned to perform the services required
under this Contract. Consultant shall notify City of any changes in Consultant’s staff to be assigned to
perform the services required under this Contract and shall obtain the approval of the City Manager of
a list of all proposed staff members who are to be assigned to perform services under this Contract prior
to any such performance.
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6. TERMINATION:
A. 30 DAYS NOTICE. The City, upon thirty (30) days written notice, may terminate this
Contract, without cause, at any time. In the event of such termination, Consultant shall be compensated
for non-disputed fees under the terms of this Contract up to the date of termination.
B. FAILURE TO PERFORM. This Contract may be terminated by either party upon 15 days
written notice in the event of substantial failure by the other party to perform in accordance with the
terms of this Contract. The nonperforming party shall cure or submit a plan for cure acceptable to the
other party prior to the effective date of such notice, and if cured or the plan for cure is acceptable to
the other party, the Contract shall not terminate.
C. OBLIGATIONS SURVIVE TERMINATION. Notwithstanding any termination of this
Contract, Consultant shall not be relieved of liability to the City for damages sustained by the City by
virtue of any breach of this Contract by Consultant, and the City may withhold any payments due to
Consultant until such time as the exact amount of damages, if any, due the City from Consultant is
determined. All of the indemnification, defense and hold harmless obligations in this Contract shall
survive termination.
7. CHANGES:
The City or Consultant may, from time to time, request changes in the scope of the services of
Consultant to be performed hereunder. Such changes, including any increase or decrease in the amount
of Consultant’s compensation and/or changes in the schedule must be authorized in advance by both
Parties in writing. Mutually agreed changes shall be incorporated in written amendments to this
Contract. Any increase in the amount of Consultant’s compensation and/or changes in Exhibit A and or
Exhibit B must be authorized in advance by the City Manager.
8. PROPERTY OF CITY:
A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY. It is mutually agreed that all
materials prepared by the Consultant under this Contract are upon creation and shall be at all times the
exclusive property of the City, and the Consultant shall have no property right therein whatsoever. City
agrees that Consultant shall bear no responsibility for any reuse of the materials prepared by the
Consultant if used for purposes other than those expressly set forth in the Intended Use of Consultant’s
Products and Materials section of this Contract. Consultant shall not disseminate any information or
reports gathered or created pursuant to this Contract without the prior written approval of City including
without limitation information or reports required by government agencies to enable Consultant to
perform its duties under this Contract and as may be required under the California Public Records Act
excepting therefrom as may be provided by court order or except as otherwise required by applicable
law. Consultant will be allowed to retain copies of all deliverables.
B. CONSULTANT TO DELIVER CITY PROPERTY. Immediately upon termination, or upon
the request by the City, the City shall be entitled to, and the Consultant shall deliver to the City, all data,
drawings, specifications, reports, estimates, summaries and other such materials and property of the
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City as may have been prepared or accumulated to date by the Consultant in performing this Contract.
Consultant will be allowed to retain copies of all deliverables to the City.
C. CONSULTANT RETENTION OF RIGHTS. Consultant shall retain its rights in its standard
drawing details, designs, specifications, databases, computer software and any other proprietary
property.
9. CONFLICTS OF INTEREST:
A. CONSULTANT covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City
or which would in any way hinder Consultant’s performance of services under this Contract. Consultant
further covenants that in the performance of this Contract, Consultant shall take reasonable care to
ensure that no person having any such interest shall be employed by it as an officer, employee, agent or
subcontractor without the express written consent of the City Manager. Consultant agrees to at all times
avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the
performance of this Contract. Consultant agrees to include language similar to this Section 9(A) in all
contracts with subcontractors and agents for the work contemplated herein.
10. CONFIDENTIAL INFORMATION:
A. ALL INFORMATION KEPT IN CONFIDENCE. All materials prepared or assembled by
Consultant pursuant to performance of this Contract are confidential and Consultant agrees that they
shall not be made available to any individual or organization without the prior written approval of the
City, except by court order.
B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE. If Consultant or any of its officers,
employees, or subcontractors does voluntarily provide information in violation of this Contract, the City
has the right to reimbursement and indemnity from party releasing such information for any damages
caused by the releasing party’s, including the non-releasing party’s attorney’s fees and disbursements,
including without limitation expert’s fees and disbursements.
C. COOPERATION. City and Consultant shall promptly notify the other party should
Consultant or City, its officers, employees, agents, or subcontractors be served with any summons,
complaint, subpoena, notice of deposition, request for documents, interrogatories, request for
admissions or other discovery request, court order or subpoena from any party regarding this Contract
and the work performed thereunder or with respect to any project or property located within the City.
City and Consultant each retains the right, but has no obligation, to represent the other party and/or be
present at any deposition, hearing or similar proceeding. Consultant and City agree to cooperate fully
with the other party and to provide the other party with the opportunity to review any response to
discovery requests provided by Consultant or City. However, City and Consultant’s right to review any
such response does not imply or mean the right by the other party to control, direct, or rewrite said
response.
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11. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES:
A. CONSULTANT PROPERTY. Consultant shall furnish all necessary labor, supervision,
equipment, communications facilities, and supplies necessary to perform the services required by this
Contract. City acknowledges that all equipment and other tangible assets used by Consultant in providing
these services are the property of Consultant and shall remain the property of Consultant upon
termination of this Contract.
B. SPECIAL SUPPLIES. City shall be responsible for supplying any special supplies,
stationary, notices, forms or similar items that it requires to be issued with a City logo. All such items
shall be approved by the City Manager and shall be provided at City’s sole cost and expense.
12. COMPLIANCE WITH LAW:
A. COMPLIANCE REQUIRED. Consultant shall keep itself informed of applicable local, state,
and federal laws and regulations which may affect those employed by it or in any way affect the
performance of its services pursuant to this Contract. Consultant shall observe and comply with all
applicable laws, ordinances, regulations and codes of federal, state and local governments, and shall
commit no trespass on any public or private property in performing any of the work authorized by this
Contract. Consultant shall at all times hold a valid contractor’s license if performing any function or
activity for which a license is required pursuant to Chapter 9 (commencing with section 7000) of Division
3 of the California Business and Professions Code, and Consultant shall provide a copy of the license(s)
upon the request of the City. The City, its officials, officers, elected officials, appointed officials and
employees shall not be liable at law or in equity as a result of any failure of consultant to comply with
this section. Notwithstanding the above, if a change in any law or regulation increases the cost of
Consultant’s work or services, then Consultant will be entitled to negotiate an equitable adjustment to
its schedule and compensation with the City.
B. PREVAILING WAGES. In the event it is determined that the Consultant is required to pay
prevailing wages for the work performed under this Agreement, the Consultant shall pay all penalties
and wages as required by applicable law.
13. SUBCONTRACTING:
None of the services covered by this Contract shall be subcontracted without the prior written
consent of the City Manager. Consultant shall be as fully responsible to the City for the negligent acts
and omissions of its contractors and subcontractors, and of persons either directly or indirectly
employed by them, as it is for the negligent acts and omissions of persons directly employed by
Consultant.
14. ASSIGNABILITY:
Consultant shall not assign or transfer any interest in this Contract whether by assignment or
notation. However, claims for money due or to become due Consultant from the City under this Contract
may be assigned to a financial institution, but only with prior written consent of the City Manager. Notice
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of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.
The rights and benefits under this agreement are for the sole and exclusive benefit of the City and this
Contract shall not be construed that any third party has an interest in the Contract.
15. LIABILITY OF CONSULTANT:
Consultant shall be responsible for performing the work under this Contract in a manner which
is consistent with the generally accepted standards of Consultant’s profession and shall be liable for its
own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The
City shall have no right of control over the manner in which the work is to be done but only as to its
outcome, and shall not be charged with the responsibility of preventing risk to Consultant or its
employees, agents, contractors or subcontractors.
16. INDEMNIFICATION:
A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. When the law establishes a
professional standard of care for Consultant's Services, to the fullest extent permitted by law,
Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials,
employees and agents ("Indemnified Parties') from and against any and all losses, liabilities, damages,
costs and expenses, including attorneys’ fees and costs to the extent same are caused in whole or in
part by any negligence or wrongful act, error or omission of Consultant, willful misconduct, or
recklessness of its officers, agents, employees or subconsultants (or any entity or individual that
Consultant shall bear the legal liability thereof) in the performance of professional services under this
agreement. Consultant's duty to defend shall consist of reimbursement of defense costs incurred by
City in direct proportion to the Consultant's proportionate percentage of fault. Consultant's percentage
of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss,
liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator
having made a determination of the Consultant's percentage of fault, the parties agree to mediation
with a third party neutral to determine the Consultant's proportionate percentage of fault for purposes
of determining the amount of indemnity and defense cost reimbursement owed to the City. With
respect to the design of public improvements, the Consultant shall not be liable for any injuries or
property damage resulting from the reuse of the design at a location other than that specified in
Exhibit D without the written consent of the Consultant.
The proportionate rule, limiting Consultant’s duty to defend to the City as referenced above, does not
apply where: (1) one or more defendants is unable to pay its share of defense costs due to bankruptcy or
dissolution of the business; (2) a project-specific general liability policy insures all project participants for
general liability exposures on a primary basis and also covers all design professionals for their legal liability
arising out of their professional services on a primary basis; or (3) there is a design professional who is a
party to a written design-build joint venture agreement.
If one or more defendants are unable to pay its share of defense costs due to bankruptcy or dissolution
of the business, then the other the design professionals must meet and confer with other parties
regarding unpaid defense costs and determine their proportion of responsibility.
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B. INDEMNIFICATION FOR OTHER THAN PROFESSIONAL LIABILITY. Other than in the
performance of professional services and to the full extent permitted by law, Consultant shall
indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from
and against any liability (including liability for claims, suits, actions, arbitration proceedings,
administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether
actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs,
and expert witness fees), where the same arise out of, are a consequence of, or are in any way
attributable to, in whole or in part, the performance of this Agreement by Consultant or by any
individual or entity for which consultant is legally liable, including but not limited to officers, agents,
employees or subconsultants of Consultant.
C. GENERAL INDEMNIFICATION PROVISIONS. Consultant agrees to obtain executed
indemnity agreements with provisions identical to those set forth here in this section for each and
every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in
the performance of this agreement. In the event consultant fails to obtain such indemnity obligations
from others as required here, Consultant agrees to be fully responsible according to the terms of this
section. Failure of City to monitor compliance with these requirements imposes no additional
obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to
indemnify and defend City as set forth here is binding on the successor, assigns or heirs of Consultant
and shall survive the termination of this agreement or this section.
D. INDEMNITY PROVISIONS FOR CONTACTS RELATED TO CONSTRUCTION Without
affecting the rights of City under any provision of this agreement, Consultant shall not be required to
indemnify and hold harmless City of liability attributable to the active negligence of City, provided such
active negligence is determined by agreement between the parties or by the findings of a court of
competent jurisdiction. In instances where City is shown to have been actively negligent and where
City’s active negligence accounts for only a percentage of the liability involved, the obligation of
consultant will be for that entire portion or percentage of liability not attributable to the active
negligence of City.
17. INSURANCE:
Consultant shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Exhibit E attached to and part of this agreement.
18. RECORDS:
Consultant shall maintain complete and accurate records with respect to labor costs, material
expenses, parcels abated or serviced and other such information required by City that relates to the
performance of services under this Contract. Consultant shall maintain adequate records of services
provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in
accordance with generally accepted accounting principles and shall be clearly identified and readily
accessible and in a form acceptable to the City, which the City may specify and change from time to time.
Consultant shall provide free access to the representatives of City or its designees, at reasonable times,
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to such books and records, shall give City the right to examine and audit said books and records, shall
permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data,
documents, proceedings, and activities related to this Contract. Such records, together with supporting
documents, shall be maintained for a period of three (3) years after receipt of final payment.
19. MISCELLANEOUS PROVISIONS:
A. ASSIGNMENT OR SUBSTITUTION. City has a NONDISCRIMINATION / NONPREFERENTIAL
TREATMENT STATEMENT In performing this Contract, the parties shall not discriminate or grant
preferential treatment on the basis of race, sex, color, age, religion, sexual orientation, disability,
ethnicity, or national origin, and shall comply to the fullest extent allowed by law, with all applicable
local, state, and federal laws relating to nondiscrimination.
B. UNAUTHORIZED ALIENS. Consultant hereby promises and agrees to comply with all of
the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101 et seq.), as amended;
and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant
so employ such unauthorized aliens for the performance of work and/or services covered by this
contract, and should the Federal Government impose sanctions against the City for such use of
unauthorized aliens, Consultant hereby agrees to, and shall, reimburse City for the cost of all such
sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by the City in
connection therewith.
C. GOVERNING LAW. The City and Consultant understand and agree that the laws of the
State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Contract
and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take
place in the San Luis Obispo Superior Court, federal diversity jurisdiction being expressly waived.
D. CONTRACT ASSIGNMENT. City has an interest in the qualifications of and capability of
the persons and entities that will fulfill the duties and obligations imposed upon Consultant by this
Contract. In recognition of that interest, neither any complete nor partial assignment of this Contract,
may be made by Consultant nor changed, substituted for, deleted, or added to without the prior written
consent of City which consent shall not be unreasonably withheld. Any attempted assignment or
substitution shall be ineffective, null, and void, and constitute a material breach of this Contract entitling
City to any and all remedies at law or in equity, including summary termination of this Contract.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this
Contract.
E. ENTIRE CONTRACT. This Contract constitutes the entire Contract and understanding
between the parties relative to the services specified herein and there are no understandings,
agreements, conditions, representations, warranties or promises, with respect to this Contract, except
those contained in or referred to in this Contract and this Contract supersedes all prior understandings,
agreements, courses of conduct, prior dealings among the parties and documentation of any kind
without limitation.
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F. AMENDMENTS. This Contract may be modified or amended, or any of its provisions
waived, only by a subsequent written agreement executed by each of the parties. The parties agree that
this requirement for written modifications cannot be waived and any attempted waiver shall be void.
G. CONSTRUCTION AND INTERPRETATION. Consultant and City agree and acknowledge
that the provisions of this Contract have been arrived at through negotiation and that each party has
had a full and fair opportunity revise the provisions of this Contract and to have such provisions reviewed
by legal counsel. Therefore, any ambiguities in construing or interpreting this Contract shall not be
resolved against the drafting party. The titles of the various sections are merely informational and shall
not be construed as a substantive portion of this Contract.
H. WAIVER. The waiver at any time by any party of any of its rights with respect to a default
or other matter arising in connection with this Contract shall not be deemed a wavier with respect to
any subsequent default or other matter.
I. SEVERABILITY. The invalidity, illegality or unenforceability, of any provision of this
Contract shall not render the other provisions invalid, illegal or unenforceable.
J. NOTICES. All invoices, payments, notices, demands, requests, comments, or approvals that
are required to be given by one party to the other under this Contract shall be in writing and shall be
deemed to have been given if delivered personally or enclosed in a properly addressed envelope and
deposited in a United States Post Office for delivery by registered or certified mail addressed to the
parties (deemed to have been received three (3) business days after deposit in the U.S. Mail) at the
following addresses:
City: Nicholas D. DeBar, PE
Director of Public Works/City Engineer
City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
(805) 470-3456
Consultant: Black & Veatch Corporation
Craig W. Lichty, PE
11401 Lamar Avenue
Overland Park, KS 66211
Each party may change the address at which it gives notice by giving ten (10) days advance,
written notice to the other party.
K. AUTHORITY TO EXECUTE. The person or persons executing this Contract on behalf of
Consultant warrant and represent that they have the authority to execute this Contract on behalf of
their agency and further warrant and represent that they have the authority to bind Consultant to the
performance of its obligations hereunder.
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L. DELAYS IN PERFORMANCE. Consultant shall not be in default under this Contract for
delays in performance caused by circumstances beyond its reasonable control. Should such
circumstances occur, Consultant shall, within a reasonable time of being prevented from performing,
give written notice to the City and shall be entitled to negotiate an equitable adjustment in schedule
and compensation.
M. OPINIONS OF COST AND SCHEDULE. Since Consultant has no control over the cost of
labor, materials or equipment furnished by others, or over the resources provided by others to meet
project schedules, Consultant’s opinion of probable costs and of project schedules shall be made on
the basis of experience and qualifications as a professional engineer. Consultant does not guarantee
that proposals, bids, or actual project costs will not vary from Consultant’s cost estimates or that actual
schedules will not vary from Consultant’s projected schedules.
Effective this 13th day of November, 2025 by the parties as follows,
Approved as to form:
____________________________________
Counsel for Consultant (If applicable)
Black & Veatch Corporation
By:__________________________________
Craig W. Lichty, PE
Approved as to form:
By:_________________________________
David Fleishman, City Attorney
City of Atascadero
By:__________________________________
James R. Lewis, City Manager
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CERTIFICATE OF COMPLIANCE
WITH LABOR CODE § 3700
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 have complied or will comply with such provisions before
commencing the performance of the work of this contract. (Cal. Labor C. §§1860, 1861.)
Consultant:
_____________________________
Craig W. Lichty, PE
Black & Veatch Corporation
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CONTRACTOR ACKNOWLEDGEMENT OF LABOR CODE
REQUIREMENTS
Contractor acknowledges that under California Labor Code sections 1810 and following, 8 hours of labor constitutes a legal
day’s work. Contractor will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this
Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work
more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code
section 1810. (Labor Code § 1813.)
Attention is given to the fact that both Federal (Davis-Bacon) and State of California prevailing wage rate requirements apply to this
project. Not less than the greater of the Federal Davis-Bacon wage rates or the general prevailing wage rate of per diem wages and
the Federal prevailing rates for holiday and overtime must be paid on this project. State of California prevailing wage rates are
available online at www.dir.ca.gov/dlsr/pwd/southern.html.
Contractor shall post at the work site, or if there is no regular work site then at its principal office, for the duration of the
Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevailing
rate of per diem wages. (Labor Code § 1773.2.)
Contractor, and any subcontractor engaged by Contractor, shall pay not less than the specified prevailing rate of per diem
wages to all workers employed in the execution of the contract. (labor code § 1774.) Contractor is responsible for compliance
with Labor Code section 1776 relative to the retention and inspection of payroll records.
Contractor shall comply with all provisions of Labor Code section 1775. Under section 1775, Contractor may forfeit as a
penalty to city up to $50.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor
for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be
liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or
portion thereof, for which each worker was paid less than the prevailing wage rate.
Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices in the
execution of the contract. Contractor is responsible for compliance with Labor Code section 1777.5 for all apprenticeable
occupations. This statute requires that contractors and subcontractors must submit contract award information to the
applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than
one hour of apprentice’s work for every five hours of labor performed by a journeyman (unless an exception is granted under
§ 1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council,
and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely
on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code sections
3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on
public works in apprenticeable occupations.
Consultant:
_____________________________
Craig W. Lichty, PE
Black & Veatch Corporation
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EXHIBIT A
SCOPE OF WORK
Services under this contract are summarized below and detailed in the Consultant’s updated Scope of
Services proposal, dated November 4, 2025, on file at the office of the City Engineer. Services are broken
into four phases and require separate authorization by City for Consultant to proceed for each phase.
By phasing the contract in this manner, the City has an opportunity to assess financial constraints on the
project and additional information obtained after each phase, rather than committing to the entire
scope of work at the outset. Consultant and City agree to adjust scope of work when decisions made
during one phase have impacts to work scope of sequential phases. Adjustments to scope of work shall
be documented through contract amendments (change orders).
1.0 PHASE 1: PROCESS SELECTION AND PRELIMINARY COST ESTIMATE
1.1 Project Management
1.2 Review Existing Documentation
1.3 Process Facility Visual Condition Assessment (enhancement to RFP scope)
1.4 Scenario Planning (Assess Current and Future Needs)
1.5 Technology and Process Identification
1.6 Alternative Analysis (Develop Design Criteria, Process Alternatives Evaluation and Life Cycle
Cost Analysis)
1.7 Gap Analysis and Buildings Condition Assessment (Determine existing gaps)
1.8 Building Facilities and Site Planning Analysis
2.0 PHASE 2: PRELIMINARY DESIGN REPORT
2.1 Project Management
2.2 Geotechnical Services
2.3 Baseline Engineering (Carry out Preliminary Design)
2.4 Preliminary Design Report
3.0 PHASE 3: DETAILED DESIGN
3.1 Project Management
3.2 Detailed Design – Construction Contract Documents Level 1 (30%)
3.3 Detailed Design – Construction Documents Level 2 (60%)
Docusign Envelope ID: C78DF955-2A6B-4193-817F-E22705D1D7D4
3.4 Detailed Design – Construction Documents Level 3 (90%)
3.5 Detailed Design – Construction Documents Level 4 (100%)
3.6 Operation & Maintenance Manual and Standard Operating Procedures (SOPs)
4.0 PHASE 4: BID AND CONSTRUCTION PHASE SERVICES
4.1 Project Management
4.2 Pre-Bid Conference
4.3 Interpretation of Bidding Documents
4.4 Pre-Award Services
4.5 As Bid Construction Contract Documents
4.6 Construction Administration Support Services
4.7 Site Inspections
4.8 Commissioning Support
4.9 As-Built Documentation
5.0 OPTIONAL SERVICES
5.1 Supplemental Survey
5.2 Prequalification Services
5.3 Preselection of Equipment
5.4 Architectural Renderings
5.5 Value Engineering
5.6 Hazard and Operability (HAZOP) Workshop
5.7 On-Site Commissioning Support
5.8 Supplemental Geotechnical Services
Docusign Envelope ID: C78DF955-2A6B-4193-817F-E22705D1D7D4
B-1
EXHIBIT B
COMPENSATION AND METHOD OF PAYMENT
TOTAL COST OF CONTRACT NOT TO EXCEED………………………………………………………..………...$ 9,749,491
WITHOUT PRIOR WRITTEN AUTHORIZATION
City shall pay Consultant an amount equal to the cumulative hours charged to the project by each class
of the Consultant’s employees times standard hourly rates for all services performed on the project, plus
reimbursable expenses and subconsultant charges, if any. The total compensation for all services and
reimbursable expenses shall not exceed the amount listed above and is broken into the following phases
described in the Scope of Work (Exhibit A) and estimated fee for each phase:
1.0 Phase 1: Process Selection and Preliminary Cost Estimates $ 520,840
2.0 Phase 2: Preliminary Design Report $ 609,696
3.0 Phase 3: Detailed Design $ 6,532,523
4.0 Phase 4: Engineering Services During Construction $ 2,086,432
5.0 Phase 5: Optional Services $ 0
Total $ 9,749,491
Consultant shall receive separate written authorization from the City prior to initiating work on each
phase of the project, and City reserves the right to terminate this Agreement pursuant to Section 6(A) in
the event it does not grant authorization to proceed to any subsequent phase notwithstanding the
amounts set forth above for each subsequent phase. Work included in future phases but completed
prior to authorization of the phase for which it is appurtenant must be approved in writing by the City in
order to be eligible for payment.
Any additional or modified services authorized by the City of Atascadero, not included in the scope of
services as defined by this contract, must be approved in the form of a City of Atascadero Change
Order prior to performing additional work. All additional work authorized by a City of Atascadero
change order will be compensated at the same cost basis indicated herein unless other terms are
acceptable to City.
Payment will be made within 30 days after receipt and approval of invoice.
Payments to the Consultant in excess of the contract amount listed above will not be made unless
written authorization is executed prior to the date of the additional requested work. Any charges
incurred outside of these contract terms will not be authorized for payment.
Docusign Envelope ID: C78DF955-2A6B-4193-817F-E22705D1D7D4
Consultant:
______________________________
Craig W. Lichty, PE
Black & Veatch Corporation
Docusign Envelope ID: C78DF955-2A6B-4193-817F-E22705D1D7D4
B-3
HOURLY RATES
Docusign Envelope ID: C78DF955-2A6B-4193-817F-E22705D1D7D4
B-4
Docusign Envelope ID: C78DF955-2A6B-4193-817F-E22705D1D7D4
C-1
Docusign Envelope ID: C78DF955-2A6B-4193-817F-E22705D1D7D4
C-1
EXHIBIT C
ITEMS PROVIDED BY CITY
1. Background Documents, record plans, and other reference information as needed.
2. City Project and Program Management
3. Project permitting
4. Coordination with other local agencies, stakeholders and utility providers
Docusign Envelope ID: C78DF955-2A6B-4193-817F-E22705D1D7D4
D-1
EXHIBIT D
LOCATION SCHEDULE
Wastewater Treatment Facility, 8005 Gabarda Road, Atascadero, CA 93422
Docusign Envelope ID: C78DF955-2A6B-4193-817F-E22705D1D7D4
E-2
EXHIBIT E
INSURANCE REQUIREMENTS
The Consultant shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the performance
of the work hereunder by the Consultant, its agents, representatives, employees, or subconsultants.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1
(any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property
damage. If Commercial General Liability or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per claim and in the aggregate. In the event
Consultant maintains coverage on a “claims made” basis, Consultant shall maintain coverage for
a period of three years following the termination of this Agreement.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to
and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its officers, officials, employees and
volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
Docusign Envelope ID: C78DF955-2A6B-4193-817F-E22705D1D7D4
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be
endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as additional
insureds, excluding Worker’s Compensation and Professional Liability policies, as respects:
liability arising out of activities performed by or on behalf of the Consultant; products and
completed operations of the Consultant; premises owned, occupied or used by the Consultant;
or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain
no special limitations on the scope of protection afforded to the City, its officers, official,
employees, agents or volunteers.
Insurance Requirements
2. For any claims related to this project, the Consultant's insurance coverage shall be primary
insurance as respects the City, its officers, officials, employees, agents and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees, agents or
volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. The Consultant's insurance shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not
be canceled or amended by either party, except after thirty (30) days' prior written notice by
certified mail, return receipt requested, has been given to the City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no
less than A:VII.
Additional Insured. The City of Atascadero will to be added to the policy as Additional Insured by
endorsement, adding the City’s name to the Certificate of Insurance is not sufficient and will not be
accepted.
Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing
maintenance of the required insurance coverage. Original endorsements effecting general liability and
automobile liability coverage required by this clause must also be provided. The endorsements are to
be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are
to be received and approved by the City before work commences.
Docusign Envelope ID: C78DF955-2A6B-4193-817F-E22705D1D7D4