HomeMy WebLinkAboutLea & Braze Engineering, Inc. 09.22.26AGREEMENT
THIS AGREEMENT is made and entered into on the day of September 2026 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:
CONTRACTOR. Shall provide or furnish the following specified services and/or
materials:
Donated consultant services for conceptual site improvement design
for the Parks & Recreation Building Replacement Project.
2. EXHIBITS. The following exhibits are hereby incorporated into and made a part of
this Agreement:
Task Items #1 and #3 in the Proposal from CONTRACTOR dated
September 11, 2026.
3. TERMS. The services and/or materials furnished under this Agreement shall
commence September 21, 2026, and shall be completed by June 30, 2027, 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 One Thousand dollars
and Zero cents ($1,000.00) for reimbursable items 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.
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.
ii. 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. ERRORS AND 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
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 the
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.
h. CONTRACT ADMINISTRATION. The TOWN hereby designates WooJae Kim,
the Public Works Director, and the City Manager as Contract Administrator for this
agreement. The CONTRACTOR shall only take direction regarding the services
provided under this Agreement from the Contract Administrator. Furthermore,
CONTRACTOR agrees that the Contract Administrator shall be included any
meeting, teleconference, or written communication between any Town
representative, including Committee members, and the CONTRACTOR. The
TOWN may modify the Contract Administrator at any time upon providing written
notice to the CONTRACTOR.
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 on the day and year first
written above.
CONTRACT COORDINATOR and
representative for TOWN: CONTRACTOR:
WooJae Kim
Public Works Director
Town of Los Altos Hills By:
26379 Fremont Road
Los Altos Hills, CA 94022
Signature
9-21-26
Date
Peter Carlino, Principal Engineer
Print name, Title
TOWN OF LOS ALTOS HIL
By:
Cody Einfalt Date
City Manager
LCA & BRAZE ENGINEERING, INC,
CIVIL ENGINEERS I LAND SURVEYORS
Pleasanton Office
7011 Koll Center Pkwy., Suite 160
Pleasanton, CA 94566
Ph: 510.887.4-086
September 17, 2026
Project No. 2261867 CI
Quotation for Engineering Services
Town of Los Altos Hills — 26379 Fremont Road — Los Altos Hills
Client Contact Information for BillinklInvoicing Purposes:
Town of Los Altos Hills
Attn: Melissa Elian
26379 Fremont Road
Los Altos Hills, CA 94022
Ph: (650) 947-2517 Email: carrillonlosaltoshills.ca.gov
Project Description: Town Hall Recreation Building replacement with Modular Building
26379 Fremont Road, Los Altos Hills, CA 94022
APN: 175-56-003
Scope of Services by Lea & Braze Engineering Inc:
Preliminary Engineering / Planning for Project Scope
1) Preliminary plans, sketches and supporting documents for Planning
Design Review / Planning Commission Study sessions and approval.
• Preliminary Site Development / Grading & Drainage Plans —
including estimated earthworks, updated MDA/MFA
worksheet No. 2 [based upon floor areas provided by the
Architect], and site details as needed
2) Final plans, sketches and supporting documents for Engineering
Review sessions and approval.
• Final Site Development / Grading & Drainage Plans —
including estimated earthworks, updated MDA/MFA
worksheet No. 2 [based upon floor areas provided by the
Architect], and site details as needed
Meetings —
3) Meeting with Town Staff, Project Landscape Architect and Project
Architect. Please note: subject to a two (2) hour minimum for site
reviews and meeting (out of the Lea & Braze premises.
4) Public Meetings and response to questions at the public hearing. .
Please note: subject to a two (2) hour minimum for site reviews and
meeting (out of the Lea & Braze premises.
Fee
1) At No Cost, (Valued at $6,800 on
a Time Basis)
2) Will be done on time basis, as
needed $10,000
Client Initials Consultant Initials JT
Fee
3) At No Cost, (Valued at $3,000 on
a Time Basis)
4) Will be done on a time basis, as
needed (budget $3,000)
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Lh-
LEA & BRAZE ENGINEERING, INC.
CIVIL ENGINEERS I LAND SURVEYORS
Pleasanton Office
7011 Koll Center Pkwy., Sufte 160
Pleasanton, CA 94566
Ph: 510.887.4086
September 17, 2026
Project No. 2261867 CI
Quotation for Engineering Services
Town of Los Altos Hills — 26379 Fremont Road — Los Altos Hills
Assumptions / Limitations:
1. It is our understanding that the Scope of Services provided by Lea & Braze Engineering will be specifically
for Los Altos Hills site grading & drainage per Town Guidelines.
2. The project will be limited to the area adjacent to the town hall for the replacement of the recreation
building. It assumes the parking lot, utilities in place and site will remain unchanged.
3. It is assumed that the structural design for the foundation is designed by others.
4. Design & plans for construction documents / permits, off-site improvements, or utility main extensions are
not anticipated; and therefore are excluded from this Scope of Services.
5. Construction staking services is not covered under this contract
Additional Services
Fee
Additional Services to be done only if required and with client's prior Fees to be determined as required
authorization. To include the following:
• 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. Revisions may also require updates to Plans,
exhibit, supporting calculations and documents.
• Other Additional Services such as: preparation of other exhibits,
plans or documents (not included in the above scope items); CA
State required SWPPP; plans for major off-site improvement; as -
built documentation; and inspections.
Client Initials Consultant Initials JT
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Lh, LEA & BRAZE ENGINEERING, INC.
CIVIL ENGINEERS I LAND SURVEYORS
Pleasanton Office
7011 Koll Center Pkwy., Suite 160
Pleasanton, CA 94566
Ph: 510.887AC186
September 17, 2026
Project No. 2261867 Cl
Quotation for Engineering Services
Town of Los Altos Hills — 26379 Fremont Road — Los Altos Hills
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.
Payments may be made through our website at www.leabraze.com, over the phone at (510) 887-4086, or via
mail to our Pleasanton office.
For Lea and Braze Engineering, Inc:
Client Approval:
Please print name and title:
Jim Toby
Jim Toby, PE, PLS, Principal
Date
Please Note:
• By signing above the signing party agrees that they are the responsible billing party for the project and are
the billing contact for invoices. Client Contact Information listed in proposal will be used for billing and
invoicing purposes unless otherwise directed by Client/ Signer.
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.
Alexander Abaya, PIS 8855
Principal Surveyor - Survey Dept.
-- Quotation Valid for 45 days --
James Toby, PE 63127, PLS 8102 Peter Carlino, PE 79555
Principal Engineer - Civil Dept. Principal Engineer - Civil Dept.
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Pleasanton Office
LEA BRAZE ENGINEERING, INC. Pl asanto ,CA 9Pkwy.,sui , �
CIVIL ENGINEERS I LAND SURVEYORS Ph: 5 1 0.887A086
ENGINEERING SERVICES - EXHIBIT "A"
General Provisions
Client and Consultant agree that the following provisions shall be part of this agreement:
1. Client and Consultant agree to cooperate with each other in order to fulfill their responsibilities and obligations under this
agreement. Both Client and Consultant shall endeavor to maintain good working relationships among members of the project
team.
2. This agreement shall be governed by and construed in accordance with the laws of the State of California.
3. If a required retainer or deposit is not received within 72 hours of the receipt of signed Client approval, services may be
delayed.
4. Client agrees that if Client requests services not specified in the scope of services described in this agreement, Client will pay
for all such additional services as extra services in accordance with Consultant's billing rates utilized for this agreement.
5. Adoptions of Codes and Ordinances by reviewing agencies, including changes in interpretation of such by reviewing
agencies, may require revised or additional services by Consultant which shall be billed at current billing rates. Consultant
shall notify the Client in writing of changes in review process because of changes in application by reviewing agencies or
changes in reviewing agency personnel if additional costs are caused thereby.
6. All fees and other charges due Consultant will be billed upon the completion of work for submittal to reviewing agency (or a
percentage thereof), or at periodic intervals; and shall be due at the time of billing unless specified otherwise in this
agreement. Invoices shall be due upon receipt. Late charges of one and one-half percent (1.51/o) per month are assessed if
payment is not received within thirty (30) days. Termination of services requires written notification. Work stopped in
progress will be billed based on time basis, plus any associated reimbursable expenses. If invoices become past due over sixty
(60) days, from receipt by Client, Lea & Braze Engineering, Inc. shall have the unilateral and unequivocal right to suspend
performance of services without liability for delay or for consequential or other damages which may result from such
suspension.
7. Client agrees that all reports, plans, specifications, field data and other documents, including such in electronic media, which
are prepared by Consultant shall remain the property of the Consultant and may be used by the Consultant. Upon payment of
all outstanding fees Client shall be entitled to use of final plans and specifications unless Client is in default of this agreement.
8. Client agrees to not use or allow to be used by other parties plans and specifications which are not final and which are not
signed and sealed by Consultant, and to not allow other parties to modify plans and specifications prepared by Consultant.
9. Client agrees that if this agreement is terminated prior to completion of final plans Client shall release Consultant from all
liability for services performed.
10. If Consultant is not retained to provide construction -phase services for the project Client assumes all responsibility for
interpretation and construction observation, and Client assumes full responsibility, for any and all claims arising from
modification, clarification, interpretation and changes to the plans except for claims arising from the sole negligence of the
Consultant. Client shall indemnify and hold harmless Consultant from such claims.
11. In no case shall the Consultant be responsible for job site conditions or safety.
12. If Client is not the Owner of the property on which the project is designed,. a Preliminary Lien Notice shall be mailed to the
Owner upon commencement of work by Consultant.
13. Client shall pay for additional or revised insurance or liability by the Client should such be requests be made by Client.
14. Quantity estimates provided by Consultant are estimates only. The Client shall require Contractor and Subcontractors to
independently confirm quantities which may affect their costs or work, and notify Consultant if discrepancies are evident.
15. Client agrees to have Contractor and Subcontractors examine plans and specifications and notify Consultant of field
conditions which require clarification or modification of plans in a timely manner.
16. In the event the parties to this Agreement are unable to reach a settlement of any dispute arising out of this Agreement or
related to the services under this Agreement, then such disputes may, with the consent of both parties, be settled by binding
arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association or such
other arbitration rules as the parties may choose. In any such arbitration, the laws of the State of California shall apply.
17. Client agrees to limit the liability of Consultant, its principals, employees and sub -consultants, to Client and to all contractors
and subcontractors on the project, for any claim or action arising in tort, contract, or strict liability to the sum of $50,000.
Client and Consultant acknowledge that this provision was expressly negotiated and agreed upon
Exhibit A — General Provisions
Quotation for Engineering Services
Town of Los Altos Hills — 26379 Fremont Road — Los Altos Hills
September 17, 2026 Project No. 2261867 CI
Client Initials Consultant Initials JT
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Pleasanton Office
LEA & BRAZE ENGINEERING, INC. 7011 oll Center
entCA 9 Pkwy.,
Suite 160
lk CIVIL ENGINEERS I LAND SURVEYORS Ph: S 10,887 A086
ENGINEERING SERVICES - EXHIBIT "B"
Fee Schedule
Civil Principal
$340/hr
Survey Principal
$340/hr
Senior Project Manager
$305/hr
Senior Surveyor
$305/hr
Project Manager
$255/hr
Associate Surveyor
$255/hr
Senior Design/Project Engineer
$235/hr
1 -Person Survey Crew
$285/hr
Design Engineer
$220/hr
2 -Person Survey Crew
$330/hr
Engineering Technician
$185/hr
Survey Technician
$195/hr
Depositions and/or Court appearance
$600/hr with a 4 -hour min
Clerical
$110/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 51bs. 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, SWPPP QSD Binder $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 for perc
testing.
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 June 111, 2024
-- 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 — 26379 Fremont Road — Los Altos Hills
. September 17, 2026 Project No. 2261867 CI
Client Initials Consultant Initials JT
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