PROFESSIONAL ENGINEERING SERVICES FOR EL CAMINO REAL/SELBY LANE INTERSECTION IMPROVEMENTS PROJECT
| Location: | California |
|---|---|
| Posted: | Jun 9, 2026 |
| Due: | Jul 20, 2026 |
| Agency: | Town of Atherton |
| Type of Government: | State & Local |
| Category: |
|
| Solicitation No: | 56096 |
| Publication URL: | To access bid details, please log in. |
| Bid Number: |
56096
|
| Bid Title: |
PROFESSIONAL ENGINEERING SERVICES FOR EL CAMINO REAL/SELBY LANE INTERSECTION IMPROVEMENTS PROJECT
|
| Category: | Public Works Department |
| Status: | Open |
Attachment Preview
CONTRACT FOR SERVICES
THIS CONTRACT is made on __________________, 20__, by and between the TOWN
OF ATHERTON (“City”), and _______________________ (“Consultant”).
WITNESSETH:
WHEREAS, the City desires _____________________________________
____________________________________________________________________________;
WHEREAS, the Consultant has presented a proposal for such services to the City,
dated___________, 20__, (attached hereto as Exhibit A) and is duly licensed, qualified and
experienced to perform those services;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF SERVICES:
A. Consultant shall do all work, attend all meetings, produce all reports and carry out
all activities necessary to completion of the services described in Exhibit A. 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. In the
event of conflict between terms contained in these Contract Documents, the more specific term
shall control. If any portion of the Contract Documents shall be in conflict with any other portion,
provisions contained in the Contract shall govern over conflicting provisions contained in the
exhibits to the Contract.
B. Consultant enters into this Contract as an independent contractor and not as an
employee of the City. The Consultant shall have no power or authority by this Contract to bind
the City in any respect. Nothing in this Contract shall be construed to be inconsistent with this
relationship or status. All employees, agents, contractors or subcontractors hired or retained by
the Consultant are employees, agents, contractors or subcontractors of the Consultant and not of
the City. The City shall not be obligated in any way to pay any wage claims or other claims made
against Consultant by any such employees, agents, contractors or subcontractors, or any other
person resulting from performance of this Contract.
C. The Consultant agrees 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.
2. TERM OF CONTRACT
A. The services of Consultant are to commence upon full execution of this Contract,
and shall be undertaken and completed in accordance with the Schedule of Performance attached
hereto and incorporated herein by this reference as Exhibit B.
B. Consultant’s failure to complete work in accordance with the Schedule of
Performance may result in delayed compensation as described in Section 3.
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C. The City Manager or his or her designee may, by written instrument signed by the
Parties, extend the duration of this Contract in the manner provided in Section 5, provided that
the extension does not require the payment of compensation in excess of the maximum
compensation set forth in Section 3, Compensation.
3. COMPENSATION:
A. The Consultant shall be paid monthly for the actual fees and costs of services, but
in no event shall total compensation exceed _____________________________
($____________), without City’s prior written approval. Consultant's fees shall be as specified in
the Schedule of Fees, which is attached hereto an incorporated herein as Exhibit C.
B. Said amount shall be paid upon submittal of periodic billings showing completion
of the tasks that month. Consultant shall furnish City with invoices for all expenses as well as for
all materials authorized by this Contract. The invoices shall be submitted with the monthly billings.
If Consultant’s performance is not in conformity with the Schedule of Performance, payments may
be delayed or denied, unless the Consultant’s failure to perform in conformity with the Schedule
of Performance is a documented result of the City’s failure to conform with the Schedule of
Performance, or if the Schedule of Performance is extended pursuant to Section 5.
C. If the work is halted at the request of the City, compensation shall be based upon
the proportion that the work performed bears to the total work required by this Contract, subject
to Section 4.
4. TERMINATION:
A. This Contract may be terminated by either party, provided that the other party is
given not less than thirty (30) calendar days’ written notice (delivered by registered mail) of intent
to terminate.
B. The City may temporarily suspend this Contract, at no additional cost to City,
provided that the Consultant is given written notice (delivered by certified mail, return receipt
requested) of temporary suspension. If City gives such notice of temporary suspension,
Consultant shall immediately suspend its activities under this Contract.
C. Notwithstanding any provisions 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.
D. In the event of termination, the Consultant shall be compensated as provided for
in this Contract, except as provided in Section 4C. Upon termination, the City shall be entitled to
all work, including but not limited to, appraisals, inventories, studies, analyses, drawings and data
estimates performed to that date in accordance with Section 7 hereof.
5. AMENDMENTS, CHANGES OR MODIFICATIONS:
Amendments, changes or modifications in the terms of this Contract may be made at any
time by mutual written agreement between the parties hereto and shall be signed by the persons
authorized to bind the parties hereto.
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6. EXTENSIONS OF TIME:
A. Consultant may, for good cause, request extensions of time to perform the services
required hereunder. Such extensions shall be authorized in advance by the City in writing and
shall be incorporated in written amendments to this Contract or the attached Work Program in the
manner provided in Section 5.
B. Delay. The Consultant shall at all times employ such force, plant, materials, and
tools as will be sufficient, in the opinion of the City Engineer, to prosecute the Work at not less
than the rates fixed under the terms of the Contract and to complete the Work thereof within the
time limits fixed therein. If the Consultant refuses or fails to prosecute the Work, or any separable
part thereof, with such diligence as will ensure the completion within the time specified in the
Contract, or any extension thereof, or fails to complete said work within such time, City may
exercise the termination provisions set forth herein.
C. Excusable Delay. Excusable delays shall be delays in the controlling operation of
the Consultant's work due to strikes, lockouts by others, fire, earthquake, unusual delay in
transportation, unavoidable casualties, adverse weather conditions which could not have been
reasonably anticipated, epidemic or pandemic, or any other act(s) of God beyond the Consultant's
control, or by delay authorized by the City, or by any cause which City shall decide to justify the
delay. Except as provided below, in the event of an excusable delay, the time of completion shall
be extended for such reasonable time as City may decide. The Consultant’s right to an extension
of time for an excusable delay is expressly subject to Consultant’s giving written notice of such
claim within fifteen (15) days as set forth below following the date the Consultant knew or should
have known of the delay. Such notice shall include all of the following and be made in the following
manner in order to be valid:
1. written documentation as to the asserted cause of the delay, including
identification of parties (individuals, private entities or public entities) asserted to be responsible,
with such parties' contact information and an explanation as to why such party is asserted to be
causing a delay, and any written evidence of the delay asserted to be caused by such party;
2. a detailed description of mitigation efforts undertaken by the Consultant, or
reasons why such mitigation efforts are not practical;
3. an estimate as to the anticipated length of delay and monetary impact
caused by the delay in dollars;
4. if the asserted cause for delay involves government orders, directives or
legal proceedings, a copy of all applicable orders and identification by court case number of any
such legal proceeding with a general description as to why such orders or legal proceedings are
asserted to be causing a delay; and
5. notice must be submitted in writing to the City Engineer at City Hall before
5:00 p.m. on the fifteenth (15th) day following the date the Consultant knew or should have known
of the delay. Failure to give such notice shall be construed as a waiver of such right. It is
understood and agreed that extensions of time shall be the Consultant's sole and exclusive
remedy for excusable delays.
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7. PROPERTY OF CITY:
A. It is mutually agreed that all materials prepared by the Consultant under this
Contract shall become the property of the City, and the Consultant shall have no property right
therein whatsoever. Immediately upon termination, 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 as may have been prepared or accumulated to date by the
Consultant in performing this Contract which is not Consultant’s privileged information, as defined
by law, or Consultant’s personnel information, along with all other property belonging exclusively
to the City which is in the Consultant’s possession.
B. The reuse of any of the materials or documents described in Paragraph 7.A by the
City on any other project without the written permission of the Consultant, shall be at the City's
sole risk and the City agrees to defend, indemnify and hold harmless the Consultant from all
claims, damages and expenses, including attorney's fees, arising out of such unauthorized reuse
by the City or by others acting through the City. The Consultant is not responsible and liability is
waived by the City as against the Consultant for use by the City or any other person of any data,
reports, plans or drawings not signed by the Consultant.
8. COMPLIANCE WITH ALL LAWS:
A. Consultant shall comply with all applicable laws, ordinances, 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. It shall be City’s responsibility to obtain
all rights of way and easements to enable Consultant to perform its services hereunder.
Consultant shall assist City in providing the same.
B. Consultant warrants to the City that it is licensed by all applicable governmental
bodies to perform this Contract and will remain so licensed throughout the progress of the Work,
and that it has, and will have, throughout the progress of the Work, the necessary experience,
skill and financial resources to enable it to perform this Contract.
[KEEP ONLY FOR PROJECTS SUBJECT TO PREVAILING WAGES] C.
The
work contemplated under this Contract is a public work for the purposes of Labor Code section
1720, and is subject to the payment of prevailing wages. Accordingly, Consultant shall separately
sign the "Certificate of Compliance with Labor Code § 3700" which is attached hereto an
incorporated herein as Exhibit D. Consultant shall also comply with the provisions of the "Labor
Compliance Requirements" which are attached hereto an incorporated herein as Exhibit E.
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9. WARRANTIES AND RESPONSIBILITIES - CONSULTANT:
A. Consultant agrees and represents that it is qualified to properly provide the
services set forth in Exhibit A in a manner which is consistent with the generally accepted
standards of Consultant’s profession.
B. Consultant agrees and represents that the work performed under this Contract
shall be in accordance with applicable federal, State and local law in accordance with Section
17A hereof.
C. Consultant shall designate a project manager who at all times shall represent the
Consultant before the City on all matters relating to this Contract. The project manager shall
continue in such capacity unless and until he or she is removed at the request of the City, is no
longer employed by Consultant, or is replaced with the written approval of the City, which
approval shall not be unreasonably withheld.
D. Consultant shall provide corrective services without charge to the City for
services which fail to meet the above professional and legal standards and which are reported
to Consultant in writing within sixty (60) days of discovery. Should Consultant fail or refuse to
perform promptly its obligations, the City may render or undertake performance thereof and the
Consultant shall be liable for any expenses thereby incurred.
10. SUBCONTRACTING:
None of the services covered by this Contract shall be subcontracted without the prior
written consent of the City, which will not be unreasonably withheld. 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.
11. ASSIGNABILITY:
Consultant shall not assign or transfer any interest in this Contract whether by assignment
or novation, without the prior written consent of the City which will not be unreasonably withheld.
However, claims for money due or to become due Consultant from the City under this Contract
may be assigned to a financial institution, or to a trustee in bankruptcy, without such approval.
Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly
to the City.
12. INTEREST IN CONTRACT:
Consultant covenants that neither it, nor any of its employees, agents, contractors,
subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject
of the Contract, nor any other interest which would conflict in any manner or degree with the
performance of its services hereunder. Consultant shall make all disclosures required by the
City’s conflict of interest code in accordance with the category designated by the City, unless the
City Manager determines in writing that Consultant’s duties are more limited in scope than is
warranted by the category designated by the City code and that a narrower disclosure category
should apply. Consultant also agrees to make disclosure in compliance with the City conflict of
interest code if, at any time after the execution of this Contract, City determines and notifies
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