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HomeMy WebLinkAboutLea & Braze Engineering, Inc. (3)CONSULTING SERVICES AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND LEA & BRAZE ENGINEERING, INC. THIS AGREEMENT for consulting services is made by and between the Town of Los Altos Hills ("Town") and Lea & Braze Engineering, Inc, ("Consultant") (together sometimes referred to as the "Parties") as of August 2, 2021 (the "Effective Date"). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to Town the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on December 17, 2021, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the Town's right to terminate the Agreement, as referenced in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that Town, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from Town of such desire of Town, reassign such person or persons, 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder. 1.5 Public Works Requirements. Because the services described in Exhibit A include "work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work," the services constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. As a result, Consultant is required to comply with the provisions of the Labor Code applicable to public works, to the extent set forth in Exhibit C. Section 2. COMPENSATION. Town hereby agrees to pay Consultant a sum not to exceed $30,550, notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. Town shall pay Consultant for services rendered pursuant to this Agreement at Consulting Services Agreement between August 2, 2021 Town of Los Altos Hills and Lea & Braze Engineering, Inc, Page 1 of 14 the time and in the manner set forth herein, The payments specified below shall be the only payments from Town to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to Town in the manner specified herein, Except as specifically authorized by Town in writing, Consultant shall not bill Town for duplicate services performed by more than one person. Consultant and Town acknowledge and agree that compensation paid by Town to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. Town therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information; ■ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; ■ The beginning and ending dates of the billing period; ■ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; ■ At Town's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; ■ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder; ■ The Consultant's signature; ■ Consultant shall give separate notice to the Town when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12 -month period under this Agreement and any other agreement between Consultant and Town. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and Town, if applicable. 2.2 Monthly Payment. Town shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. Town shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Final Payment. Town shall pay the last 5% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to Town of a final invoice, if all services required have been satisfactorily performed. Consulting Services Agreement between August 2, 2021 Town of Los Altos Hills and Lea & Braze Engineering, Inc. Page 2 of 14 2.4 Total Payment. Town shall pay for the services to be rendered by Consultant pursuant to this Agreement. Town shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. Town shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B. 2.6 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not exceed $1,450. Expenses not listed below are not chargeable to Town. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the Town or Consultant terminates this Agreement pursuant to Section 8, the Town shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Consulting Services Agreement between August 2, 2021 Town of Los Altos Hills and Lea & Braze Engineering, Inc. Page 3 of 14 ,,. .. �... ...IN Consulting Services Agreement between August 2, 2021 Town of Los Altos Hills and Lea & Braze Engineering, Inc. Page 3 of 14 Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to Town of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the Town. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to Town. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the Town and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than 1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non -owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an "occurrence" basis. Automobile coverage shall be at least as broad as Insurance Consulting Services Agreement between August 2, 2021 Town of Los Altos Hills and Lea & Braze Engineering, Inc. Page 4 of 14 Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy. The Insurance shall cover on an occurrence or an accident basis, and not on a claims -made basis. b. Town, its officers, officials, employees, and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant For any claims related to this Agreement or the work hereunder, the Consultant's insurance covered shall be primary insurance as respects the Town, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the Town. 4.3 Professional Liability Insurance. 4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 covering the licensed professionals' errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 Claims -made limitations. The following provisions shall apply if the professional liability coverage is written on a claims -made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. If coverage is canceled or not renewed and it is not replaced with another claims -made policy form with a retroactive date that precedes the date of Consulting Services Agreement between August 2, 2021 Town of Los Altos Hills and Lea & Braze Engineering, Inc, Page 5 of 14 this Agreement, Consultant shall purchase an extended period coverage for a minimum of five years after completion of work under this Agreement. d. A copy of the claim reporting requirements must be submitted to the Town for review prior to the commencement of any work under this Agreement. 4.3.3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish Town with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the Town does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant's obligation to provide them. The Town reserves the right to require complete copies of all required insurance policies at any time. 4.4.3 Deductibles and Self -Insured Retentions. Consultant shall disclose to and obtain the written approval of Town for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the Town, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Town, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the Town guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting" policy limit (i.e. limit that is eroded by the cost of defense). 4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors. Consulting Services Agreement between August 2, 2021 Town of Los Altos Hills and Lea & Braze Engineering, Inc. Page 6 of 14 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor, All coverages for subcontractors shall be subject to all of the requirements stated herein, 4.5 Remedies. In addition to any other remedies Town may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, Town may, at its sole option exercise any of the following remedies, which are alternatives to other remedies Town may have and are not the exclusive remedy for Consultant's breach: ■ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; ■ Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or ■ Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall, to the fullest extent allowed by law, with respect to all Services performed in connection with this Agreement, defend with counsel acceptable to Town, indemnify, and hold Town, its officers, employees, agents, and volunteers, harmless from and against any and all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, ("Claims"). Consultant will bear all losses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to such Claims, whether directly or indirectly ("Liability"). Such obligations to defend, hold harmless and indemnify the Town shall not apply to the extent that such Liabilities are caused by the sole negligence, active negligence, or willful misconduct of the Town. With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type of express or implied indemnity against the Indemnitees. Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code section 2783, as may be amended from time to time, such duties of Consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782, Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of Town. Town shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise Town shall not have the right to control the means by which Consulting Services Agreement between August 2, 2021 Town of Los Altos Hills and Lea & Braze Engineering, Inc. Page 7 of 14 Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other Town, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by Town, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of Town and entitlement to any contribution to be paid by Town for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant Not an Agent. Except as Town may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of Town in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind Town to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant's Failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which Town is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to Town that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to Town that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from Town. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, Consulting Services Agreement between August 2, 2021 Town of Los Altos Hills and Lea & Braze Engineering, Inc. Page 8 of 14 policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. Town may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon 30 days' written notice to Town and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; Town, however, may condition payment of such compensation upon Consultant delivering to Town any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the Town in connection with this Agreement. 8.2 Extension. Town may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if Town grants such an extension, Town shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, Town shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. Town and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to Town for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. Consulting Services Agreement between August 2, 2021 Town of Los Altos Hills and Lea & Braze Engineering, Inc. Page 9 of 14 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between Town and Consultant shall survive the termination of this Agreement, 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, Town's remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that Town would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the Town. Consultant hereby agrees to deliver those documents to the Town upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the Town and are not necessarily suitable for any future or other use. Town and Consultant agree that, until final approval by Town, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the Town under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the Town. Under California Government Code Section 8546,7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be Consulting Services Agreement between August 2, 2021 Town of Los Altos Hills and Lea & Braze Engineering, Inc. Page 10 of 14 subject to the examination and audit of the State Auditor, at the request of Town or as part of any audit of the Town, for a period of 3 years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Santa Clara or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of Town or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any Town official in the work performed pursuant to this Agreement. No officer or employee of Town shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the Town. If Consultant was an employee, agent, appointee, or official of the Town in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consulting Services Agreement between August 2, 2021 Town of Los Altos Hills and Lea & Braze Engineering, Inc. Page 11 of 14 Consultant understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the Town for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by John Chau ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 1 Notices. Any written notice to Consultant shall be sent to: Peter Carlino, P.E. 2495 Industrial Parkway West Hayward, CA 94545 Any written notice to Town shall be sent to: John Chau 26379 Fremont Road Los Altos Hills, CA 94022 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example, Seal and Signature of Registered Professional with report/design responsibility. 10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, and C represents the entire and integrated agreement between Town and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. Consulting Services Agreement between August 2, 2021 Town of Los Altos Hills and Lea & Braze Engineering, Inc. Page 12 of 14 Exhibit A Scope of Services Exhibit B Payment Schedule Exhibit C Public Works Requirements 10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement, [SIGNATURES ON FOLLOWING PAGE] Consulting Services Agreement between August 2, 2021 Town of Los Altos Hills and Lea & Braze Engineering, Inc. Page 13 of 14 The Parties have executed this Agreement as of the Effective Date. TOWN OF LOS ALTOS HILLS c 0 npp zakkl-�� — Carl Cahill, City Manager R1• . WRITER Approved •Form: 7] Steven T, Mattas, City Attorney 1071914.1 CONSULTANT Peter Carlino, Principal Engineer Consulting Services Agreement between August 2, 2021 Town of Los Altos Hills and Lea & Braze Engineering, Inc. Page 14 of 14 EXHIBIT A SCOPE OF SERVICES Consulting Services Agreement between August 2, 2021 Town of Los Altos Hills and Lea & Braze Engineering, Inc. --Exhibit A Page 1 of 1 LLEA &BRAZE ENGINEERING, INC. 2495 Industrial Parkway West Hayward, CA 94545 'A, CIVIL ENGINEERS ( LAND SURVEYORS 510-887-4086 July 1, 2021 Town of Los Altos Hills Attention: Sandra Meditch, Interim City Engineer 26379 Fremont Road Los Altos Hills, CA, 94022 c/o: John Chan— Town of Los Altos Hills 1Ph: (650) 947-2510 JEmail: jchau@losaltoshills.ca.gov Subject: East Sunset Drive Roadway Widening Project Dear Ms. Meditch Thank you for consideration of having Lea & Braze Engineering, Inc. as part of the project team. We consider ourselves highly qualified for the Town's East Sunset Drive street widening project. Our understanding is that the designs will include two alternative sets of plans for the widening on either the inboard, or outboard, sides of the roadway. Lea & Braze Engineering, Inc. is a full service Land Surveying and Civil Engineering firm headquartered in Hayward, California since 1983, with regional offices in San Jose, Dublin and Roseville (Sacramento region). Our firm has over 85 talented Civil Engineers, Land Surveyors, Support and Administrative Staff. We are large enough to handle a project of this size with multiple staff assigned and small enough to give your project the individual. attention it deserves. All projects are personally overseen by a finn Principal and Partner. Your project will be assigned to our Peter Carlino, RCE as Principal Engineer -of -Record and Gregory Braze, PLS as Principal. Surveyor -of -Record. Each will have dedicated teams assigned to the project in their respective disciplines. We have read the RFP for the East Sunset Drive Roadway Widening Project and confirm our understanding of the scope of services, deliverables, timelines and requirements. We are very familiar with the project site having worked on several nearby projects. Enclosed is our comprehensive Quotation for Engineering Services plus resumes for Gregory Braze and Peter Carlino for your review. With regard to timelines given our current workload and staffing resources, we would anticipate the following as a reasonable estimate for scheduling purposes: Task/ phase Timeline / range ➢ Topographic Survey 4 weeks ➢ Civil engineer's design and issuance of 60% plans 4 weeks ➢ Town Engineer's initial plan review 2 to 4 weeks ➢ 90% plans and Town review 3 weeks ➢ Final plans & documents 2 weeks Subtotal Design Phase 15 to 17 weeks ➢ Town's preparation of complete Bid documents 4 weeks ➢ Bid completion 2 weeks ➢ Bid review and notification 2 weeks Subtotal Bid Phase 10 weeks Total estimated time 25 to 27 weeks Pagc 11 LEA &BRAZE ENGINEERING, INC. 2495 Industrial Parkway West Hayward, CA 94545 CIVIL ENGINEERS I LAND SURVEYORS 510-887-4086 We would anticipate Town staff involvement on an ongoing basis and Town/City Engineering staff of approximately ten (10) hours for the support, review and coordination with our design team. Town/City Engineering staff time for construction administration and inspections will be based upon the contractor's schedule and would need to be determined. Having worked successfully on hundreds of projects in the Town of Los Altos Hills, working with Town staff on the Town Hall expansion project and with great collaboration with Town staff for many years, we are confident that we can provide all the necessary resources and deliverables for the East Sunset Drive Roadway Widening Project. We greatly appreciate your kind consideration and please feel free to give us a call or an email if you need any additional information or assistance. We also invite you to view our website at www.leabraze.com. Sincerely, Peter Carlino, P.E. Principal Engineer Lea & Braze Engineering, Inc. pearl i no(2cleabraze.com Page 12 LEA & BRAZE ENGINEERING, INC. 2495 Industrial Parkway West Hayward, CA 94545 L�LCIVIL ENGINEERS I LAND SURVEYORS 510-887-4086 July 1, 2021 Project No. 2211250 SU / 1251 Cl Quotation for Engineering Services Town of Los Altos Hills — East Sunset Drive — Los Altos Hills, CA Town of Los Altos Hills Attn: Sandra Meditch, Interim City Engineer 26379 Fremont Road Los Altos Hills, CA, 94022 Ph: JEmail: smeditch@losaltoshills.ca.gov c/o: John Chan— Town of Los Altos Hills JPh: (650) 947-2510 JEmail: jchau@losaltoshills.ca.gov Project Description: Street Improvements for the widening of approximately 200 lineal feet of roadway East Sunset Drive, Los Altos Hills, CA 94022 Scope of Services by Lea & Braze Engineering Inc: Reference Request for Proposal from John Chau of Town of Los Altos Hills to Peter Carlino of Lea & Braze Engineering, Inc. and email received on Friday, June 18'h, 2021; attached RFP entitled "Town of Los Altos Hills Request for Proposals for Professional Design Services for East Sunset Drive" and Geotechnical Report by Cotton Shires and Associates, dated June 2021. The project involves the widening approximately 200 lineal foot section of roadway on either the outboard or inboard sides by roughly three feet and installing soldier pile piers, retaining walls, guardrail if necessary and landscape replacement. This will be accomplished by either inboard walls supporting cut or outboard walls supporting fill placement. Refer to Limitations/Assumptions and Notes on pages 2 & 3 for additional information and more detailed description as related to the aforementioned services. Surveying Services 1) Topographic Survey to include: a) Topographic survey of the full width of the private street right-of-way along approximately 300 lineal feet East Sunset Drive and extending a minimum of 20 feet beyond the existing roadway and into adjacent properties on both sides of the street. More specifically the survey will include (within limits as stated) roadway, edges of pavement, hardscape including surface type, major landscaping, trees (6"diameter or larger) including drip and/or canopy lines, exterior fencing, visible utilities (including meters, vaults, cleanouts, overhead lines, drainage swales, manholes, inverts and pipe sizes where accessible), street right-of-way, contours and/or spot grades at appropriate intervals. b) Boundary / Right-of-way Survey and Easement of Record Locations: Research and calculations to include property and easement lines on Topographic Survey. All topographic features will be shown in relation to existing property and easement lines. Client Initials Consultant Initials JG Pagel of 6 Fee 1) a) and b) inclusive $6,400 2495 LEA & BRAZE ENGINEERING, INC. Haywa dusrd, CA A 9 ParkwayWest Haywa94545 CIVIL ENGINEERS I LAND SURVEYORS 510-887-4086 July 1, 2021 Project No. 2211250 SU / 1251 Cl Quotation for Engineering Services Town of Los Altos Hills — East Sunset Drive — Los Altos Hills, CA Scone of Services by Lea & Braze Engineering Inc — continued: Civil Engineering 2) Street Improvement Plans to include two (2) sets of alternative designs a) Street Improvement Plan/Profile to include saw cut lines, demolition, new top of curb / berm (TC) & flow line (FL) grades, TC & FL transition grade to match the existing improvements, new and transition A.C. paving grades, full width AC overlay, surface drainage, retaining wall locations & relative grades at top and bottom of walls, retaining wall sub drains, guardrails (if necessary), interim erosion control, utility rim grades, signage (including relocation as needed), striping, pavement marking, typical sections and details (including Town/City Standard Details and specific condition construction details). Assume a limit of one (1) meeting attended by Principal Engineer and Project Manager. b) Engineer's Estimate c) Specifications for technical sections Fee 2) a) through c) inclusive $12,500 3) Site retaining wall designs for one (1) cut/inboard and one (1) fill/outboard 3) $3,500 retaining walls, two (2) sets total of design calculation and wall details. Plans and documents to be issued at 60916, 90% and final sets. 4) To include Engineer's time for project kickoff meeting, meetings /conference 4) $4,200 calls with Town staff during review process, assistance to Town for bid process and response to BFI's. Assume a limit of twenty (20) hours Project Manager's time [or an equivalent thereofj. 5) Record "as -built" plans for Town records 5) $2,500 Subtotal Fee for Services $29,100 Plus direct cost reimbursables per Exhibit B — "Fee Schedule" ��14_ (approx. 5% of fee) Total Fees $30,550 Assumptions /Limitations: 1. Pavement sections shall be as per Geotechnical Engineer's recommendations and City Engineer's direction. 2. It is our understanding this project will not be a Prevailing Wage project and therefore is excluded from this Scope of Services. 3. Exclusions: undergrounding of overhead utilities, illumination, landscape plans, arborist's report, C.3 Stormwater Management Plans & documents, utility relocation, traffic control plans, contractor's staging plans, CA State required SWPPP and construction survey staking services. 4. The realignment or relocation of underground utilities are not anticipated and therefore is excluded from this scope of services. Client Initials Consultant Initials JG Page 2 of 6 LEA &BRACE ENGINEERING, INC. 2495 Industrial Parkway West Hayward, CA 94545 CIVIL ENGINEERS ( LAND SURVEYORS 510-887-4086 July 1, 2021. Project No. 2211250 SU / 1251 Cl Quotation for Engineering Services Town of Los Altos Hills — East Sunset Drive — Los Altos Hills, CA Assumptions /Limitations - continued: 5. Specifications shall be in Town -provided standard format and limited to technical sections only. It is assumed the construction bid and contract documents book will be handled by the Town and therefore is excluded from this Scope of Services. 6. Specifications shall be edited as such, that only materials, procedures and execution specific to the project are included therein. 7. The plan / profile plan sets will include profiles of pavement / street centerlines and flow lines as needed. The preparation of elevation view plans/profiles for the retaining walls is not anticipated and therefore are excluded from this Scope of Services. 8. It is our understanding the Construction Administration Services will be by separate agreement and therefore are excluded from this Scope of Services. 9. It is assumed that the Town/City Engineer and Town's Geotechincal. Consultant will perform construction oversight and inspections as needed. 10. The preparation of additional documents for Town of Los Altos Hills Green Infrastructure improvements is not anticipated and therefore is excluded from this Scope of Services. Notes: ✓ Plans shall be based upon Topographic Survey by Lea & Braze Engineering [as noted above, Project No.2211250 SU] plus Landscape Architectural site plans, Soils / Geotechnical Report, Arborists Report & Tree Protection. Plans; and a current Title Report — all by others and as provided by the Client. ✓ Client shall be responsible for all submittals and municipal fees. ✓ General Provision, Fee Schedule, and Specific Exclusions: Please refer to attached Exhibit "A" — General Provisions and Exhibit "B" — Fee Schedule and Specific Exclusions, all to be made part of this agreement. Additional Services 6) Additional Services to be done only if required and with Client's prior authorization. To include the following: a) Client's, Architect's, Landscape Architect's or Contractor's revisions; Value Engineering revisions; field related revisions; or revisions due to either incomplete or inaccurate base information provided by others. b) Other Additional. Services such as; Preparation of other exhibits, plans or documents (not included in the above scope items); plans for major off-site improvements and inspections. Client Initials Consultant Initials JG Page 3 of 6 Fee 6) Fees to be determined as required 2495 LEA & BRAZE ENGINEERING, INC. Haywa dusrd, CA A 9 Parkway West Haywa94545 L�LCIVIL ENGINEERS I LAND SURVEYORS 510-887-4086 July 1, 2021. Project No. 2211250 SU / 1251 CI Quotation for Engineering Services Town of Los Altos Hills — East Sunset Drive — Los Altos Hills, CA Please note: All invoices are due upon receipt. Late payments incur a 1.5% penalty per month added to any unpaid balance after 30 days. All accounts unpaid at 45 days past due will receive notification of late payment. All accounts unpaid at 60 days past due will be subject to have the project placed on hold and all work may be stopped until the account is brought up to date. Lea and Braze Engineering follows California standard lien laws. Should you execute this contract, you will receive a Standard California 20 -Day Preliminary Notice. This notice is to inform you that we are providing Civil Engineering and/or Land Surveying services on your referenced property. Note: This will not be a lien request or a request for payment. This is for Information Only. Should these terms be acceptable to you, please return one signed copy (also initial the other pages where indicated) of this proposal. Payments may be made through our website at www.leabraze.com, over the phone at (510) 887-4086, or via mail to our Corporate office. For Lea and Braze Engineering, Inc: Jerry Gonzales Jerry Gonzales — Civil Projects Manager Client Approval.: Date Please print name and title: Attachments: "ExhibitA" - General Provisions and "Exhibit B" - Fee Schedule and Specific Exclusions [please carefully study these Exhibits, initial and return them as part of this agreement]. Thank you. -- Quotation Valid for 45 days -- Gregory F. Braze, PLS 7623 James Toby, PE 63127, PLS 8102 Principal Surveyor - Survey Dept. Principal Engineer - Civil Dept. Page 4 of 6 Peter Carlino, PE 79555 Principal Engineer - Civil Dept. 1�:1:113`i? COMPENSATION SCHEDULE Consulting Services Agreement between August 2, 2021 Town of Los Altos Hills and Lea & Braze Engineering, Inc. --Exhibit B Page 1 of 1 LEA & BRAZE ENGINEERING, INC. 2495 Industrial Parkway West Hayward, CA 94545 CIVIL ENGINEERS I LAND SURVEYORS 510-887-4086 ENGINEERING SERVICES - EXHIBIT "B" Fee Schedule Civi] Principal $275/hr Survey Principal $275/hr Senior Project Manager / Sr. Engineer $250/hr Associate Surveyor $21.0/hr Project Manager / Engineer $210/hr Survey Calculations $175/hr Design Engineer $1.90/hr 1 -Person Survey Crew $230/hr Engineering Technician $175/hr 2 -Person Survey Crew $270/hr Civil CAD Drafter $150/hr Survey CAD Drafter $150/hr Depositions and/or court appearance $500/hr with a 4 hour min. Clerical $100/hr Note: Attendance at meetings and site reviews will be subject to a two (2) hour minimum charge to allow for preparation, travel, and meeting time. Plus direct reimbursable expense cost, such as but not limited to: In-house printing for check -prints and prints for issuance, record maps at $10.00 per sheet, documents by outside parties at $8.00 per document, supplemental insurance (i.e. waiver of subrogation, or additional insured), travel expenses and mileage (per Standard IRS mileage rate). Costs for local overnight deliveries will be $30.00 each and $45.00 each for early delivery (Sunrise 8am service), plus an additional minimum of $5.00 for packages weighing over 5lbs. Same day/ Rush deliveries will generally be from $100.00 to $150.00, with cost based on time of day, distance and weight. Required rain gauges $100, Mailbox to house SWPPP $120 (only if required), rain gauge stand $120 (only if required). For percolation testing, should no water service be available on-site, then we will provide a water tender with necessary water supply for a $750 additional charge. Lea & Braze In-house Printing Type - Size Cost Type - Size Cost Bond Black & White -- 24"x 36" $4.00 per sheet Mylar Black & White —18"x 26" $22.00 per sheet Bond Black & White — 30"x 42" $8.00 per sheet Mylar Black & White — 24"x 36" $44.00 per sheet Other media, sizes, or color prints Unit Cost can be provided upon Client request Fees effective as of July 2021 -- Rates are subject to periodic change -- Specific Exclusions Those services not included in the "Scope of Services" are excluded from said scope of services, and include (though not limited to): 1. Structural design, site retaining wall or site structures design, illumination design, acoustical design, traffic engineering, environmental reports (E.I.R. or other.), geologic or geotechnical engineering services; joint trench design (gas and electrical); shoring design; landscape design; tree protection; private water or sewer systems; dewatering plans; off-site or utility main improvements plans; story pole construction; contractor's plans for traffic or dust control and safety; operations and maintenance plans or services; and fire protection systems. 2. Revisions or additional work due to unforeseen changes in local or state requirements, or ordinances effective after the date of preparation of this Quotation for Engineering Services. 3. Revisions resulting from either incomplete or inaccurate base information (by others). 4. Preparation of Plans or Documents for other than Town of Los Altos Hills approval. 5. Preparation of Plans or Documents for review by other Municipal Districts, State, or Federal agencies. 6. Submittals and associated municipal fees or charges. Exhibit B — Fee Schedule Quotation for Engineering Services Town of Los Altos Hills —13204 E Sunset Drive — Los Altos Hills, CA July 1, 2021 Project No. 221.1.250 SU / 1.251 CI Client Initials Consultant Initials JG Page 6 of 6 EXHIBIT C PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ. HOURS OF WORK: A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day's work under this contract. B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to eight hours during any one calendar day, and forty hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of eight hours during any one calendar day and forty hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight hours during any one calendar day and forty hours during any one calendar week at not less than one -and -one-half times the basic rate of pay. C. The Consultant and its subcontractors shall forfeit as a penalty to the Town $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following. WAGES: A. In accordance with California Labor Code Section 1773.2, the Town has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the Town Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A. B. In accordance with Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply with California Labor Code Section 1775, which establishes a penalty of up to $50 per day for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of Consulting Services Agreement between August 2, 2021 Town of Los Altos Hills and Lea & Braze Engineering, Inc. --Exhibit C Page 1 of 3 prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall 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. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements: The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. 2. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor's certified payroll records. 3. Upon becoming aware of a subcontractor's failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A. 4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813. C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: The information contained in the payroll record is true and correct. 2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by the employer's employees on the public works project. The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be available for inspection by the Owner and its authorized representatives, the Consulting Services Agreement between August 2, 2021 Town of Los Altos Hills and Lea & Braze Engineering, Inc. --Exhibit C Page 2 of 3 Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776. D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts. E. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of.the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non manual workers as such) for which no minimum wage rate has been n determined by the Director of the Department of Industrial Relations, the Contractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. Consulting Services Agreement between August 2, 2021 Town of Los Altos Hills and Lea & Braze Engineering, Inc. --Exhibit C Page 3 of 3 LEA&BRA-01 JMCCORMICK '4 a� CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 7/26/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # OL72977 CONTACT .._N...AME; _ Legacy Risk & Insurance Services PHONE ----- 1850 Mt. Diablo Blvd., Suite 400 _ AIC,_No,.Exq: (925) 482-1000 _ _ (AIC, No):(925) 482-1001 E-MAIL — —._. ._........._ . ..... Walnut Creek, CA 94596 ADDRESS: certificates@legacyrisk.net INSURED INsuRER_s.:_American_Casualty_Company............................._...._......... ..... ............._2042T.-­­ Lea 20427__.Lea & Braze Engineering, Inc. INSURER_C_.:_Continental_Capualtg_Co................________._.____......__.____ 2044. 2495 Industrial Parkway West INSURER State. Comp._ Insurance Fund__ 35076 Hayward, CA 94545-5037 _ INSURER E: .........................__.._._..........._...._...._.......... _t_t_50.._._....__ _.... INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _................._..........._........_...._....__._............_..._....._............._................................_....__........................._......_.._.._.._.............._..........-..---._......_...._......._........._._........ ..........___ .............. _....__.........._............. .. ........................... MIR TYPE OF INSURANCE IVSD SUER POLICY NUMBER POLICY EFF POLICY EXP LTR I SD WVD MM/DDIYYYY1 (MMIDDNYYY1 LIMITS A X COMMERCIAL GENERAL LIABILITY Los Altos Hills, CA 94022 AUTHORIZED REPRESENTATIVE EACHOCCURRENCE. 1000000 CLAIMS -MADE X OCCUR X 6072482937 7/112021 7/1/2022 ---..._$._..._......._ DAMAGE TO RENTED ............._.._'..._...__._'.............._ 100,000 .......................... PREMISES...(Ea._o..ccuuencei.._..... . _$... ............. ................... - ----__......_..._...._....._._........... _... __._—.__. _MED_EXP_(Any one _person)..__.... .._$__._.._......_.........._... -15,000 — ....................._....__.. _PERSONAL_&ADV INJURY ......... ..................... GEN'LAGGREGATE LIMIT APPLIESPER: GENERAL_AGGREGATE .... - 2,000,000 POLICY X PRO- '._._....._ LOC __ _ .... _$._.._............._.._._....._._..........................._ _.._. JECT PRODUCTS__COMP/OPAGG_. $._....._....__........._..2,000,000 - -..__._................ OTHER: $ B AUTOMOBILE ...__...... LIABILITY COMBINED SINGLE LIMIT --........_.—__......_ 1,000,000 $._ X _.... ANY AUTO X 6072482940 7/1/2021 7/1/2022 BODILY INJURY_jPerpersonZ .............__.._._._..._......_....__......_.--- $ OWNED SCHEDULED __ ---- AUTOS ONLY AUTOS BODILY INJURY._(Peraccdent) HIRED NON -OWNED AUTOS ONLY _. AUTO ONLY PDOPERTY DAMAGE (eraccident).. _ $ $ C X UMBRELLA LIAB X I OCCUR EACH OCCURRENCE 5,000,000 ............. EXCESS LIAB CLAIMS -MADE ..............._............._...._.._....._.._................_.._........._.._............ ....._..... 6072482968 7/1/2021 7/1/2022 -"" ._AGGREGATE -$ _.........._.._.__..._..... $ 5,000,000 DED RETENTION$ D AND EMPLOYERS LIABILIIT! X....._STATIITE RH YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ._......N X 93011832021 7/1/2021 7/1/2022 ... .............._ ._.......... 1 0 1. 00 000 KpFICER/MEMBER EXCLUDED? [. Mandatory in Ni - - NIA ._E:L:._EACH_ACCIDENT....____.........._._$........._ ................__......................_.._......._.. 1,000,000 Ifyes,describeunder DESCRIPTION OF OPERATIONS below .._E.L,_.DISEASE..-_EA_EMPLOYEE_$ E.L. DISEASE -POLICY LIMIT $ 1,000,000 E Professional Liab. PAAEP0135800 12131/2020 12/31/2021 Per Claim/Aggregate 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Project numbers 2211250 SU 1251 CI Town, its officers, officials, employees, and volunteers is to be named as additional insureds per written contract; GL and Auto coverage is primary and non-contributory; 30 -day NOC applies CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of Los Altos Hills THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 26379 Fremont Road Los Altos Hills, CA 94022 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD