HomeMy WebLinkAboutLea & Braze Engineering, IncAGREEMENT
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THIS AGREEMENT is made and entered into on the day of , 2022 by and
between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and
Lea & Braze Engineering, Inc. (hereinafter referred to as "CONTRACTOR"). In
consideration of their mutual covenants, the parties hereto agree as follows:
1. CONTRACTOR. Shall provide or furnish the following specified services and/or
materials:
Pathway Design Services for Edgerton Road Pathway,
Design a complete Issue For Bid package to contract out for
construction.
2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a
part of this Agreement:
Proposal from CONTRACTOR dated July 1, 2022
3. TERMS. The services and/or materials furnished under this Agreement shall
commence 7/11/22 and shall be completed by 8/12/22 , unless terminated
pursuant to Section 5(f).
4. COMPENSATION. For the full performance of this Agreement:
a. TOWN shall pay CONTRACTOR an amount not to exceed seventeen thousand
seven hundred eighty dollars and zero cents ($17,700.00) within thirty (30) days
following receipt of invoice and completion/delivery of services/goods as detailed
in Sections 1, 2, and 3 of this Agreement and only upon satisfactory
delivery/completion of goods/services in a manner consistent with
professional/industry standards for the area in which CONTRACTOR operates.
TOWN is not responsible for paying for any work done by CONTRACTOR or any
subcontractor above and beyond the not to exceed amount.
b. Town shall not reimburse for any of CONTRACTOR's costs or expenses to
deliver any services/goods. Town shall not be responsible for any interest or late
charges on any payments from Town to CONTRACTOR.
c. CONTRACTOR is responsible for monitoring its own forces/employees/agents/
subcontractors to ensure delivery of goods/services within the terms of this
Agreement. TOWN will not accept or compensate CONTRACTOR for
incomplete goods/services.
Town of Los Altos Hills Page 1 of 4
Short form
Updated 4/23/10
5. GENERAL TERMS AND CONDITIONS.
a. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold
harmless the TOWN, its officers, agents and employees from any and all
demands, claims or liability of personal injury (including death) and property
damage of any nature, caused by or arising out of the performance of
CONTRACTOR under this Agreement. With regard to CONTRACTOR'S work
product, CONTRACTOR agrees to indemnify, defend and hold harmless the
TOWN, its officers, agents and employees from any and all demands, claims or
liability of any nature to the extent caused by the negligent performance of
CONTRACTOR under this Agreement.
b. INSURANCE. CONTRACTOR shall file with the TOWN a certificate of insurance
before commencing any services under this Agreement as follows:
WORKERS COMPENSATION INSURANCE: Minimum statutory
limits.
COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE
INSURANCE: General Liability and Property Damage Combined.
$1,000,000.00 per occurrence including comprehensive form,
personal injury, broad form personal damage, contractual and
premises/operation, all on an occurrence basis. If an aggregate limit
exists, it shall apply separately or be no less than two (2) times the
occurrence limit.
iii. AUTOMOBILE INSURANCE: $1,000,000.00 per occurrence.
iv. ERRORSAND OMISSIONS INSURANCE: $1,000,000.00 aggregate.
v. NOTICE OF CANCELLATION: The City requires 30 days written
notice of cancellation. Additionally, the notice statement on the
certificate should not include the wording "endeavor to" or "but failure
to mail such notice shall impose no obligation or liability of any kind
upon the company, its agents or representatives."
vi. CERTIFICATE OF INSURANCE: Prior to commencement of services,
evidence of insurance coverage must be shown by a properly
executed certificate of insurance and it shall name "The Town of Los
Altos Hills, its elective and appointed officers, employees, and
volunteers" as additional insureds.
vii. To prevent delay and ensure compliance with this Agreement, the
insurance certificates and endorsements must be submitted to:
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Town of Los Altos Hills Page 2 of 4
Short form
Updated 4/23/10
c. NON-DISCRIMINATION. No discrimination shall be made in the employment of
persons under this Agreement because of the race, color, national origin, age,
ancestry, religion or sex of such person.
d. INTEREST OF CONTRACTOR. It is understood and agreed that this Agreement
is not a contract of employment and does not create an employer-employee
relationship between the TOWN and CONTRACTOR. At all times
CONTRACTOR shall be an independent contractor and CONTRACTOR is not
authorized to bind the TOWN to any contracts or other obligations without the
express written consent of the TOWN. In executing this Agreement,
CONTRACTOR certifies that no one who has or will have any financial interest
under this Agreement is an officer or employee of TOWN.
e. CHANGES. This Agreement shall not be assigned or transferred without
advance written consent of the TOWN. No changes or variations of any kind are
authorized without the written consent of the City Manager. This Agreement may
only be amended by a written instrument signed by both parties.
f. TERMINATION. This Agreement may be terminated by TOWN upon seven (7)
days written notice to CONTRACTOR. Monies owed for work satisfactorily
completed shall be paid to CONTRACTOR within 14 days of termination.
g. RECORDS. All reports, data, maps, models, charts, studies, surveys,
calculations, photographs, memoranda, plans, studies, specifications, records,
files, or any other documents or materials, in electronic or any other form, that
are prepared or obtained pursuant to this Agreement and that relate to the
matters covered hereunder shall be the property of the TOWN. CONTRACTOR
hereby agrees to deliver those documents to the TOWN at any time upon
demand of the TOWN. 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. Failure by CONTRACTOR to
deliver these documents to the TOWN within a reasonable time period or as
specified by the TOWN shall be a material breach of this Agreement. TOWN and
CONTRACTOR agree that until final approval by TOWN, all data, plans,
specifications, reports and other documents are preliminary drafts not kept by the
TOWN in the ordinary course of business and will not be disclosed to third
parties without prior written consent of both parties. All work products submitted
to the TOWN pursuant to this Agreement shall be deemed a "work for hire."
Upon submission of any work for hire pursuant to this Agreement, and
acceptance by the TOWN as complete, non-exclusive title to copyright of said
work for hire shall transfer to the TOWN. The compensation recited in Section 4
shall be deemed to be sufficient consideration for said transfer of copyright.
CONTRACTOR retains the right to use any project records, documents and
materials for marketing of their professional services.
Town of Los Altos Hills Page 3 of 4
Short form
Updated 4/23/10
h. ENTIRE AGREEMENT. This Agreement represents the entire agreement
between the Parties. Any ambiguities or disputed terms between this Agreement
and any attached Exhibits shall be interpreted according to the language in this
Agreement and not the Exhibits.
6. INVOICING. Send all invoices to the contract coordinator at the address below.
This Agreement shall become effective upon its approval and execution by TOWN. In
witness whereof, the parties have executed this Agreement the day and year first
written above.
CONTRACT COORDINATOR and
representative for TOWN: CONTRACTOR:
Avery Lai
Assistant Engineer A^G%yul�- 07.07-2022
Town of Los Altos Hills By: petercarlino (Jul 7,2022.12:18PDT)
26379 Fremont Road Signature Date
Los Altos Hills, CA 94022 Peter Carlino, Principal Engineer
Print name, Title
TOWN O S A OS HILLS:
e. M
By. 9 Z
Cit anager Dat
Town of Los Altos Hills Page 4 of 4
Short form
Updated 4/23/10
2495
LEA & BRAZE ENGINEERING, INC. Haywa dusrd, CA A9 Parkway
West
Haywa94545
CIVIL ENGINEERS I LAND SURVEYORS 510-887-4086
July 1, 2022
Project No. 2221243 CI
Quotation for Engineering Services
Town of Los Altos Hills Pathway Project - Edgerton Road — Los Altos Hills, CA
Town of Los Altos Hills
Attn: Daniel Liang, Utility Engineering Manager
26379 Fremont Road
Los Altos Hills, CA, 94022
Ph: (650) 947-2511 ]Email: dliang@losaltoshills.ca.gov
cc: Avery Lai — Assistant Engineer 1Ph: (650) 947-2541 lEmail: alai@losaltoshills.ca.gov
Town of Los Altos Hills
Project Description: Construction of New Roadside pathway segments along Edgerton Road
Edgerton Road, Los Altos Hills, CA 94022
Scope of Services by Lea & Braze Engineering Inc:
Reference the Informal Request for Proposal from Avery Lai of Town of Los Altos Hills to Peter Carlino
of Lea & Braze Engineering, Inc. and email received on Wednesday June 22, 2022; attached Exhibit
entitled "Edgerton Pathway RFP Exhibit", prepared by Avery Lai, dated 6/22/22. The project involves
the construction of approximately 500 l.f. of new roadside pathway within the public Town of Los Altos
Hills Right-of-way that connects from the existing pathway on 27447 Edgerton Road to the Wallace
Stenger Pathway. Refer to Limitations/Assumptions and Notes on Town supplied Exhibit for additional
information and more detailed description as related to the aforementioned services.
Scope of Services by Lea & Braze Engineering Inc
Civil Engineering
1) Pathway Improvement plans for review and approval through Town of Los
Altos Hills
a) Pathway Improvement Plan/Profile to include limit of demolition, new
top of curb / berm (TC) & flow line (FL) grades, 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, typical sections and
details (including Town/County Standard Details and specific condition
construction details).(90% set of plans, 100% set of plans and Final
Contractor bid documents).
b) Engineer's Estimate
c) Specifications for technical sections (back end of section documents,
The Town of Los altos Hills to supply formal documents for contractor
use).
Fee
1) a) through c) inclusive
$8,800
2) To include Engineer's time for project kickoff meeting, meetings 2) $2,100
/conference calls with Town staff during design process, Assume a limit of
ten (10) hours Project Manager's time [or an equivalent thereof].
Client Initials OA Consultant Initials .IG
Page 1 of 6
LEA &BRAZE ENGINEERING, INC. 2495 Industrial Parkway West
Hayward, CA 94545
CIVIL ENGINEERS I LAND SURVEYORS 510-887-4086
July 1, 2022
Project No. 2221243 Cl
Quotation for Engineering Services
Town of Los Altos Hills Pathway Project — Edgerton Road — Los Altos Hills, CA
Scope of Services by Lea & Braze Engineering Inc — continued: Fee
3) Site retaining wall for one (1) cut/inboard and one (1) fill/outboard retaining 3) Included
walls, Max 2ft retained soil, for a total two wall conditions. It is assumed
that the wall detail specified on Town Standard detail #22 can be utilized for
a wood wall design. It is not anticipated that a new detail will be required.
4) To include Engineer's time for project, meetings /conference calls with 4) $1,680
Town staff during review process and Bidding / contractor selection process
period, Assume a limit of eight (8) hours Project Manager's time [or an
equivalent thereof].
5) Construction Supports services to answer RFI's and review and contractor 5) $2,100
supplied shop drawings for proposed modification). Assume a limit of ten
(10) hours Project Manager's time [or an equivalent thereof].
6) Record "as -built" plans for Town records [based on visual inspection (no 6) $2,500
field survey data proposed to document as -built condition)]
Subtotal Fee for Services $17,180
Plus direct cost reimbursables per Exhibit B — `Fee Schedule" $ 520 (approx. 3% of fee)
Total Fees $17,700
Assumptions /Limitations:
1. Pathway details and technical design criteria shall be based upon Town approved standards. The Town has
not issued a soil report as part of the project, so any assumptions for structural elements will be based on
conservative assumptions.
2. It is assumed that the preparation of plans or documents for the street crossing to the existing Wallace
Stenger Pathway will not necessitate the need for any sight distance exhibits, electronic warnings or
signalized crossing. However if required then those services will be done either by separate agreement
(with Lea & Braze Engineering or by others) as may be needed.
3. It is our understanding that the work proposed would only need technical review / Permitting by the Town
of Los Altos Hills. Applications to the County of Santa Clara, Valley Water District, Department of Fish
and Game, Army Corp or any other agencies not listed in the base scope of work are not anticipated; and
therefore are excluded from the Scope of Services.
4. It is assumed that the proposed pathway project would not trigger the need for any hydrology assessment,
storm water treatment and or the need to storm water retention as part of the permitting process with the
Town of Los Altos Hills; and therefore are excluded from the Scope of Services.
5. It is our understanding this project will not be a Prevailing Wage project; and therefore is excluded from
this Scope of Services.
6. Exclusions: underground utility locating services, utility potholing; undergrounding of overhead utilities,
illumination, landscape plans, arborist's report, C.3 Stormwater Management Plans & documents, utility
relocation, traffic engineering, signalization, traffic control plans, contractor's staging plans, CA State
required SWPPP and construction survey staking services.
Client Initials OA Consultant Initials JG
Page 2 d6
LEA &BRAZE ENGINEERING, INC. 2495 Industria) Parkway West
Hayward, CA 94545
CIVIL ENGINEERS I LAND SURVEYORS 510-887-4086
July 1, 2022
Project No. 2221243 Cl
Quotation for Engineering Services
Town of Los Altos Hills Pathway Project — Edgerton Road — Los Altos Hills, CA
Assumptions /Limitations - continued:
7. The realignment or relocation of underground utilities are not anticipated; and therefore are excluded from
the Scope of Services.
8. 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.
9. Specifications shall be edited as such, that only materials, procedures and execution specific to the project
are included therein.
10. It is our understanding the Construction Administration Services will be by separate agreement and
therefore are excluded from this Scope of Services.
11. It is assumed that the Town/County Engineer and Town's Geotechnical Consultant will perform
construction oversight and inspections as needed for compaction and observation of installation.
12. 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.
13. It is assumed that any correspondence / notification with property owners where the proposed
improvements would be done will be handled by Town staff as it related to proposed demolition, tree
removal or construction of the pathway that may affect existing improvements.
14. It is assumed that all existing drainage culverts at driveways, drainage structures and existing utilities are to
remain and no upgrade is required as part of the proposed construction project.
Notes:
✓ Plans shall be based upon Topographic Survey provided by the Town, said survey needs to be field walked
to check for accuracy and documentation of current site conditions. If survey is found to be missing
information, or additional information is needed, the subject proposal above would need to be evaluated on
compliance to the requested scope of work. Additional scope of work may be needed based on site
conditions.
✓ 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 Fee
7) Additional Services to be done only if required and with Client's prior 7) Fees to be
authorization. To include the following: determined as
• Client's, Architect's, Landscape Architect's or Contractor's revisions; Value required
Engineering revisions; field related revisions; or revisions due to either
incomplete or inaccurate base information provided by others.
• Other Additional Services such as; surveying services, preparation of other
exhibits, plans or documents (not included in the above scope items); plans
for major off-site improvements and inspections.
Client Initials OA Consultant Initials JG
Page 3 of 6
LEA & BRAZE ENGINEERING, INC. 2495 Hayward,
Parkway West
Haywward,,CA 94545
CIVIL ENGINEERS I LAND SURVEYORS 510-887-4086
July 1, 2022
Project No. 2221243 CI
Quotation for Engineering Services
Town of Los Altos Hills Pathway Project — Edgerton Road — 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.leabi•aze.com, over the phone at (510) 887-4086, or via
mail to our Corporate office.
For Lea and Braze Engineering, Inc:
Gonzales
Jerry Gonzales — Civil Projects Manager
Client Approval: Oscar Anti I[on (Al 17, 2022 10:52 PDT)
Date
Please print name and title: Oscar Arltllon, Public Works Director
Attachments: "Exhibit A " - 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 --
Client Initials Consultant Initials JG
Page 4 of 6
LEA & BRAZE ENGINEERING, INC. 2495 Industrial Parkway West
Hayward, CA 94545
CIVIL ENGINEERS I LAND SURVEYORS 510-887-4086
ENGINEERING SERVICES - EXHIBIT "B"
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 and County of Santa Clara 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
Edgerton Road Roadside Pathway — Edgerton Road — Los Altos Hills, CA
July 1, 2022 Project No. 2221243 CI
Client Initials Consultant Initials JG
Page 6 of 6
Fee Schedule
Civil Principal
$275/hr
Survey Principal
$275/hr
Senior Project Manager / Sr. Engineer
$250/hr
Associate Surveyor
$210/hr
Project Manager / Engineer
$210/hr
Survey Calculations
$175/hr
Design Engineer
$190/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 and County of Santa Clara 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
Edgerton Road Roadside Pathway — Edgerton Road — Los Altos Hills, CA
July 1, 2022 Project No. 2221243 CI
Client Initials Consultant Initials JG
Page 6 of 6