2011062003 - O'Brien Code Consulting - Plan Check Consulting ServicesDATE:
TO:
FROM:
COUNCIL AGENDA REPORT
June 9, 2011
MAYOR AND TOWN COUNCIL
GREG LARSON, TOWN MANAGER
MEETING DATE: 6/20/2011
ITEM NO: 3
SUBJECT: ADOPT RESOLUTION AUTHORIZING TOWN MANAGER TO ENTER
INTO AN AGREEMENT WITH O'BRIEN CODE CONSULTING, INC. FOR
BUILDING DIVISION PLAN CHECK CONSULTANT SERVICES.
RECOMMENDATION:
Adopt the resolution authorizing the Town Manager to enter into an agreement with O'Brien
Code Consulting, Inc. for Building Division plan check consultant services.
BACKGROUND:
The Town has contracted with outside consultants to provide building permit application plan
checking services for more than 14 years. Staff was required to send out Request for Proposals
(RFP) in order to investigate the options as to quality and costs of services available in the
marketplace. The Town needs to retain code consultant plan check and structural engineering
services due to the defunding of the Plan Check Engineer position. The Plan Check Consultant
contracts are unique in that all costs are borne by applicants and no costs to the Town are
incurred.
DISCUSSION:
The Plan Check Consultant provides Building Division plan check services to the Town,
providing both non-structural and structural code review for building permit applications. Staff
sent out RFP's to six plan check consultant films, and five proposals were received. Staff
carefully reviewed and evaluated all the proposals. All proposals were very competitive;
however, O'Brien Code Consulting, Inc. is most able to provide substantial staff experience and
competitive pricing. 'O'Brien Code Consulting, Inc. is very familiar with the Town and Building
Division procedures and extremely efficient in meeting the turnaround times expected.
PREPARED BY: Wendie R. Rooney
Director of Community Development
Reviewed by: Assistant Town Manager
Clerk Administrator Finance
Town Attorney
Community Development
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PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT RESOLUTION AUTHORIZING TOWN MANAGER TO ENTER
INTO AN AGREEMENT WITH O'BRIEN CODE CONSULTING, INC. FOR
BUILDING DIVISION PLAN CHECK CONSULTANT SERVICES
June 10, 2011
CONCLUSION:
Staff has worked with principals of all the firms, but believes that O'Brien Code Consulting, Inc.
will provide the most highly qualified and experienced plan checker with a principal who is a
very knowledgeable code professional and takes pride in providing exemplary customer service.
Staff recommends that the Council adopt the attached resolution authorizing the Town Manager
to enter into an agreement with O'Brien Code Consulting, Inc. for Building Division Plan Check
Consultant Services.
ENVIRONMENTAL ASSESSMENT:
This is not a project as defined under CEQA.
FISCAL IMPACT: None.
Attachments:
1. Draft Resolution
2. Agreement with O'Brien Code Consulting, Inc.
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N:\DEV\MIKE\CouncilReportBuildingPCServices2011 rev. doc
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING TOWN MANAGER TO ENTER INTO AN AGREEMENT
WITH O'BRIEN CODE CONSULTING, INCORPORATED, FOR BUILDING
PERMIT PLAN CHECK CONSULTANT SERVICES
WHEREAS, the Town Council desires to continue to utilize consultant services
for building permit plan check; and
WHEREAS, due to the exceptional service and expert knowledge, qualifications,
and experience required to provide these services noted, the Town desires to contract
with O'Brien Code Consulting, Inc., to provide building permit plan checking.
RESOLVED, by Town Council that Town of Los Gatos enter into an agreement
with O'Brien Code Consulting, Inc., to provide building permit plan checking -services;
and
FURTHER RESOLVED, by Town Council that Town Manager is authorized
and directed to execute the attached agreement for building petiiiit plan check consultant
services in the name and in behalf of Town of Los Gatos,
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 20th day of June, 2011, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
1
Attachment 1
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR
OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\DEV\RESOS\Plan Check Consultant.docx
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into on this 1st day of July, 2011, by and between
TOWN OF LOS GATOS, a California municipal corporation, ("Town") and O'Brien Code
Consulting, Inc. (OCC), engaged in providing Building Plan Check Consulting Services, herein
called ("Consultant"), whose address is P.O. Box 112346, Campbell, CA 95011-2346. This
Agreement is made with reference to the following facts.
I. RECITALS
1.1 The Town desires to engage a Building Plan Check Consultant to provide consulting
services to assist in the processing of plan checks because of Consultant's experience and
qualifications to perform the desired work and the Town needs to undertake activities to
supplement its ability to review building plan checks and enhance customer service,
efficiency and legal requirements.
1.2 The Consultant represents and affirms that it is qualified and willing to perform the desired
work pursuant to this Agreement.
1.3 Consultant warrants it possesses the distinct professional skills, qualifications, experience,
and resources necessary to timely perform the services described in this Agreement.
Consultant acknowledges Town has relied upon these warranties to retain Consultant.
II. AGREEMENTS
2.1 Scope of Services. Consultant shall provide services as described in that certain Proposal to
Provide Building Division Plan Check Review Services sent to the Town on June 7, 2011,
which is hereby incorporated by reference and attached as Exhibit A.
2.2 Term and Time of Performance. This contract will remain in effect from July 1, 2011 to
July 1, 2014. Consultant shall perform the services described in this agreement as follows:
a. Provide complete Building Permit Plan Check Services, including but not limited to,
Initial Plan Check comments on submitted applications, Resubmittal Plan Check
comments on revised plans, and written copies of Initial and Resubmittal Plan Check
comments.
b.--As requested by -Town,-provide copies of work -products of all comments, reports, and
studies prepared for Town. Consultant shall provide electronic file copies of these
documents.
c. As requested by Town, provide an updated listing/status report of all Building Permit
Plan Checks reviewed for the Town.
d. When needed by Town, Plan Check Consultant and Building Official shall attend staff
level meetings with Town staff, public officials, community leaders, developers,
contractors and the general public. (Maximum of 4 additional meetings per month.)
e. Provide On -site Plan Review services for approximately ten (10) hours per week for
Plan check of minor residential and commercial projects.
Page 1 of 7
Attachment 2
f. Provide Technical Support at pre -design and pre -construction meetings and at field
visits as needed. Provide Technical Support and guidance for field inspection
personnel.
2.3 Compliance with Laws. The Consultant shall comply with all applicable laws, codes,
ordinances, and regulations of governing federal, state and local laws. Consultant
represents and warrants to Town that it has all licenses, permits, qualifications and
approvals of whatsoever nature which are legally required for Consultant to practice its
profession. Consultant shall maintain a Town of Los Gatos business license pursuant to
Chapter 14 of the Code of the Town of Los Gatos.
2.4 Sole Responsibility. Consultant shall be responsible for employing or engaging all persons
necessary to perform the services under this Agreement.
2.5 Information/Report Handling. All documents furnished to Consultant by the Town and all
reports and supportive data prepared by the Consultant under this Agreement are the
Town's property and shall be delivered to the Town upon the completion of Consultant's
services or at the Town's written request. All reports, information, data, and exhibits
prepared or assembled by Consultant in connection with the performance of its services
pursuant to this Agreement are confidential until released by the Town to the public, and the
Consultant shall not make any of the these documents or information available to any
individual or organization not employed by the Consultant or the Town without the written
consent of the Town before such release. The Town acknowledges that the reports to be
prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a
defined project, and Town's use of the information contained. in the reports prepared by the
Consultant in connection with other projects shall be solely at Town's risk, unless
Consultant expressly consents to such use in writing. Town further agrees that it will not
appropriate any methodology or technique of Consultant which is and has been confiutiied
in writing by Consultant to be a trade secret of Consultant.
2.6 Compensation. Compensation for Consultant's professional services shall be based upon
Town's pre -approval of each task as noted in the Scope of Services Compensation for each
task and shall not exceed the amount per task noted in the Consultant's Schedule of Fees
attached hereto as part of Exhibit A and incorporated by reference herein. Fees will be
reviewed on an annual basis.
2.7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the
service and shall be accompanied by a detailed explanation of the work performed by
whom, at what rate and on what date. Also, plans, specifications, documents or other
pertinent materials shall be submitted for Town review, even if only in partial or draft form.
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be
addressed as follows:
Page 2 of 7
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 949
Los Gatos, CA 95031
2.8 Availability of Records. Consultant shall maintain the records supporting this billing for
not less than three years following completion of the work under this Agreement.
Consultant shall make these records available to authorized personnel of the Town at the
Consultant's offices during business hours upon written request of the Town.
2.9 Assignability and Subcontracting. The services to be performed under this Agreement are
unique and personal to the Consultant. No portion of these services shall be assigned or
subcontracted without the written consent of the Town.
2.10 Independent Contractor. It is understood that the Consultant, in the performance of the
work and services agreed to be performed, shall act as and be an independent contractor and
not an agent or employee of the Town. As an independent contractor he/she shall not obtain
any rights to retirement benefits or other benefits which accrue to Town employee(s). With
prior written consent, the Consultant may perform some obligations under this •Agreement
by subcontracting, but may not delegate ultimate responsibility for performance or assign or
transfer interests under this Agreement. Consultant agrees to testify in any litigation brought
regarding the subject of the work to be performed under this Agreement. Consultant shall
be compensated for its costs and expenses in preparing for, traveling to, and testifying in
such matters at its then current hourly rates of compensation, unless such litigation is
brought by Consultant or is based on allegations of Consultant's negligent performance or
wrongdoing.
2.11 Conflict of Interest. Consultant understands that its professional responsibilities are solely
to the Town. The Consultant has and shall not obtain any holding or interest within the
Town of Los Gatos. Consultant has no business holdings or agreements with any individual
member of the Staff or management of the Town or its representatives nor shall it enter into
any such holdings or agreements. In addition, Consultant warrants that it does not presently
and shall not acquire any direct or indirect interest adverse to those of the Town in the
subject of this Agreement, and it shall immediately disassociate itself from such an interest,
should it discover it has done so and shall, at the Town's sole discretion, divest itself of such
interest. Consultant shall not knowingly and shall take reasonable steps to ensure that it
does not employ a person having such an interest in this performance of this Agreement. If
after employment of a person, Consultant discovers it has employed a person with a direct
or indirect interest that would conflict with its performance of this Agreement, Consultant
shall promptly notify Town of this employment relationship, and shall, at the Town's sole
discretion, sever any such employment relationship.
2.12 Equal Employment Opportunity. Consultant warrants that it is an equal opportunity
employer and shall comply with applicable regulations governing equal employment
opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate
Page 3 of 7
against persons employed or seeking employment with them on the basis of age, sex, color,
race, marital status, sexual orientation, ancestry, physical or mental disability, national
origin, religion, or medical condition, unless based upon a bona fide occupational
qualification pursuant to the California Fair Employment & Housing Act.
III. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
Consultant agrees to have and maintain, for the duration of the contract,
General Liability insurance policies insuring him/her and his/her firm to an
amount not less than: one million dollars ($1,000,000) combined single limit
per occurrence for bodily injury, personal injury and property damage.
ii. Consultant agrees to have and maintain for the duration of the contract, an
Automobile Liability insurance policy ensuring him/her and his/her staff to
an amount not less than one million dollars ($1,000,000) combined single
limit per accident for bodily injury and property damage.
iii. Consultant shall provide to the Town all certificates of insurance, with
original endorsements effecting coverage. Consultant agrees that all
certificates and endorsements are to be received and approved by the Town
before work commences.
iv. Consultant agrees to have and maintain, for the duration of .the contract,
professional liability insurance in amounts not less than $1,000,000 which is
sufficient to insure Consultant for professional errors or omissions in the
performance of the particular scope of work under this agreement.
General Liability:
The Town, its officers, officials, employees and volunteers are to be covered
as insured as respects: liability arising out of activities performed by or on
behalf of the Consultant; products and completed operations of Consultant,
premises owned or used by the Consultant. This requirement does not apply
to the professional liability_ insurance.. required for professional errors and .-
omissions.
ii. The Consultant's insurance coverage shall be primary insurance as respects
the Town, its officers, officials, employees and volunteers. Any insurance or
self -insurances maintained by the Town, its officers, officials, employees or
volunteers shall be excess of the Consultant's insurance' and shall not
contribute with it.
Page 4 of 7
iii. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the Town, its officers, officials, employees or
volunteers.
iv. The Consultant's insurance shall apply separately to each insured against
whom a claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that
coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except
after thirty (30) days' prior written notice by certified mail, return receipt requested, has
been given to the Town. Current certification of such insurance shall be kept on file at all
times during the term of this agreement with the Town Clerk.
3.3 Workers' Compensation. In addition to these policies, Consultant shall have and maintain
Workers' Compensation insurance as required by California law and shall provide evidence
of such policy to the Town before beginning services under this Agreement. Further,
Consultant shall ensure that all subcontractors employed by Consultant provide the required
Workers' Compensation insurance for their respective employees.
3.4 Indemnification. The Consultant shall save, keep, hold harmless and indemnify and defend
the Town its officers, agent, employees and volunteers from all damages, liabilities,
penalties, costs, or expenses in law or equity that may at any time arise or be set up because
of damages to property or personal injury received by reason of, or in the course of
performing work which may be occasioned by a willful or negligent act or omissions of the
Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant.
IV. GENERAL TERMS
4.1 Waiver. No failure on the part of either party to _exercise_ anyright or .remedy hereunder___
shall operate as a waiver of any other right or remedy that party may have hereunder, nor
does waiver of a breach or default under this Agreement constitute a continuing waiver of a
subsequent breach of the same or any other provision of this Agreement.
4.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and -
construed to the laws of the State of California. Venue for any _action regarding this
Agreement shall be in the Superior Court of the County of Santa Clara.
4.3 Termination of Agreement. The Town and the Consultant shall have the right to terminate
this agreement with or without cause by giving not less than fifteen (15) days written notice
of termination. In the event of termination, the Consultant shall deliver to the Town all
plans, files, documents, reports, performed to date by the Consultant. In the event of such
termination, Town shall pay Consultant an amount that bears the same ratio to the
maximum contract price as the work delivered to the Town bears to completed services
contemplated under this Agreement, unless such termination is made for cause, in which
Page 5 of 7
event, compensation, if any, shall be adjusted in light of the particular facts and
circumstances involved in such termination.
4.4 Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unless made in writing and signed by the Town and the Consultant.
4.5 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall
entitled to reasonable.attorney's fees, including costs of appeal.
4.6 Notices. Any notice required to be given shall be deemed to be duly and properly given if
mailed postage prepaid, and addressed to:
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
O'Brien Code Consulting, Inc.
Attn: Susan O'Brien
475 Queens Court
Campbell, CA 95008
or personally delivered to Consultant to such address or such other address as
Consultant designates in writing to Town.
4.7 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the
terms and conditions of this Agreement in respect of the Products or Services and any
attachments to this Agreement, then the terms and conditions of this Agreement shall
prevail over attachments or other writings.
4.8 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and
exclusive statement of the Agreement between the Town and Consultant. No terms,
conditions, understandings or agreements purporting to modify or vary this Agreement,
unless hereafter made in writing and signed by the party to be bound, shall be binding on
either party.
Page 6 of 7
IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement.
Town of Los Gatos by: Consultant, by:
Greg Larson, Town Manager
Recommended by:
Department Head Title
Approved as to Form:
Judith J. Propp, Town Attorney
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Proposal to Provide
Building Division Plan Check Review Services
Prepared For:
Mr. Michael M. Machado, CB°
Building Official
Town of Los Gatos
Community Development Department - Building Division
110 E. Main Street
Los Gatos, CA 95030
June 7,2011
O'Brien Code Consulting, Inc.
P.O. Box 112346
Campbell, CA 95011-2346
Phone/Fax: (408) 370-1585
obriencode@gmail.com
Contact:
Susan C. O'Brien, P.E.,
LEED AP, CASp
Principal
EXHIBIT A
TABLE OF CONTENTS
Signed Letter of Intent
General Qualifications................................................. 2, 3, & 4
• Company Profile
• Organizational Structure
• Staff Profile, Qualifications, and Experience
• Location
Services Overview 5, 6, 7 & 8
• Plan Review Services
• On -Site Plan Review Services
• Plan Review Turnaround Schedules
----Technical- Support__
• Miscellaneous Support
• Pick-up/Delivery of Plans and Comment Letters
Project Experience 9, 10, 1 1, 12, 13 & 14
Plan Review Fees 15
Standard Rate Schedule -..
Contacts and References 17
EXHIBITS:
Exhibit A - Resume
16
O'Brien Code Consulting, Inc. Quality -Service - Value
June 7, 2011
Mr. Michael M. Machado, CBO
Building Official
Town of Los Gatos
110 East Main Street
Los Gatos, CA 95030
Re: Letter of Intent to Provide Building Division Plan Check Review Services
Dear Mr. Machado:
Thank you for the opportunity to present this proposal to provide Building Division plan check
review services for the Town of Los Gatos.
O'Brien Code Consulting, Inc. has provided complete plan check review services, including
on -site plan review, to the Town for over the past two years. Prior to that, Ms. Susan O'Brien,
OCC Principal, has provided plan check review services to the Town for over 18 years with
other consulting firms, and originally as an employee of the Town. This vast historical
knowledge of the Town's projects and procedures, coupled with the close working
relationships developed over the years with Town staff and local design professionals, makes
OCC the best consultant to serve the Town's needs.
OCC intends to continue serving the Town as it has done in the past, by providing complete,
thorough, and timely plan reviews for both on -site and larger projects reviewed at our office.
We will continue to provide support services to the Town at pre -submittal meetings and assist
the Building Inspection staff with field issues and site visits. Currently, we provide on -site plan
review services to the Town on Tuesdays and Thursdays from 8AM to 1 PM. We intend to
continue this schedule unless modified by the Town Building Official.
We appreciate the opportunity to attend pre -submittal meetings and to provide feedback
on projects, prior to permit submittal. We also appreciate the inclusion at staff meetings and.
the opportunity to provide staff training. We intend to continue these services on an as -
needed basis.
Please contact me at (408) 540-9315 should you have any questions. I am very excited
about the opportunity to continue working for the Town Building Division and Community
Development Department.
Sincerely,
Susan O'Brien, P.E., LEED AP, CASp.
Principal
O'Brien Code Consulting, Inc.
O'Brien Code Consulting, Inc. Quality -Service =Value
GENERAL QUALIFICATIONS
• COMPANY PROFILE
O'Brien Code Consulting, Inc. was founded in April 2009, by Susan C. O'Brien,
P.E. and Michael S. O'Brien. With over eighteen years of experience working
for jurisdictions and plan review consulting firms, Ms. O'Brien has a unique
understanding of client needs. This company was created as a resource for
jurisdiction building departments during these difficult economic times, to
offer high quality plan review services at very competitive prices. Ms, O'Brien
provides all plan review services and technical support for the company,
while Mr. O'Brien provides all pick-up and delivery services as well as
performing all general office duties. We have no additional employees, and
this is what allows us to provide consistent plan reviews, while keeping the
cost to the client at a minimum. -
Our company philosophy is simple.. Wetreat_ our. clients .the _way _they expect
to be treated. This means we are very responsive to the client's needs while
providing exemplary customer service. When an applicant calls or emails
our office, all technical questions are answered promptly by Ms. O'Brien.
Since she performs all plan reviews, the caller can rest assured that they are
talking to the plan review engineer who reviewed their project and issued
the comments. Our responsibility is to provide concise plan review
correction Lists with specific Code sections, and to clearly communicate the
intent of the Code.
We provide thorough and consistent plan reviews with quick turn -around
times. Typically, projects are returned to the client several days before they
,are due back to the client. Occasionally, due to unforeseen circumstances,
there may be a need for multiple pick-ups and deliveries to the jurisdiction
on the same day. We understand these urgent situations and our role to
help facilitate the process. Ultimately, we become an extension of the
O'Brien Code Consulting,. Inc: Quality -Service-= Value
GENERAL QUALIFICATIONS continued
® COMPANY PROFILE (continued)
jurisdiction that the Building Official and Building Division staff can rely upon
to provide the best service possible. We present ourselves to the client and
the community as a tool to assist them through the building process, not as
an obstacle, which is frequently the public perception.
O'Brien Code Consulting understands the competitive market for services in
the industry today. Through our commitment to continuing education and
participating in chapter and committee meetings, we ensure that our clients
are connected to the latest industry information. Since we are a small
business, we contract with only a select few clients. We provide consistent,
prompt and professional service while developing close working relationships
with our clients. We value our clients as individuals and their complete
satisfaction is our top priority.
® ORGANIZATIONAL STRUCTURE
O'Brien Code Consulting has a very simple organizational structure. All plan
review services, including on -site services, are provided by Ms. Susan C.
O'Brien, P.E. She also attends any meetings required by the jurisdiction and
responds to all technical questions. Mr. Michael S. O'Brien provides all pick-
up and delivery services as well as performing all general office duties.
STAFF PROFILE, QUALIFICATIONS AND EXPERIENCE
As a licensed professional engineer and ICC Certified plans examiner, Ms.
O'Brien has provided plan review services .to over thirty jurisdictions within
California, Arizona, Nevada and Utah.. Her experience has included
everything from small residential projects to high-rise office buildings, multi-
family residential podium structures, movie theaters and OSHPD-3 medical'
O' Brien -Code Consulting; lna. Quality Service _- Value
GENERAL QUALIFICATIONS (continued)
• STAFF PROFILE, QUALIFICATIONS, AN.D EXPERIENCE (continued)
offices. Having worked in-house at several jurisdictions, she understands that
each jurisdiction is unique with their own Code amendments and policies.
Her focus on the client's individual needs allows her to effectively
communicate the Code requirements and the specific jurisdictional
requirements to the applicant.
As a certified LEED AP, Ms. O'Brien has knowledge of green building
principles that extend beyond the new 2010 CAL Green Code. This allows
her to provided added value and insight to the jurisdiction and design
professionals regarding the new Code requirements.
As a California Certified Access Specialist, Ms. O'Brien is able to provide
CASp.services to the jurisdiction, as required by State law. Since Ms. O'Brien
provides CASp services only to jurisdictions and not to the private sector, this
avoids any conflict of interest or perceived conflict of interest.
Please see Exhibit A for Ms. O'Brien's resume.
• LOCATION
O'Brien Code Consulting is located in Campbell, CA, within a 10 minute drive
from the Town of Los Gatos offices. Our close proximity to the Town enables us •
to provide timely pick-ups and deliveries to the Town for any urgent projects, as
well as being able to report to the Town to provide emergency services in the
event of a natural or man-made disaster. Our ability to transport plans in -person
without using courier services provides an added benefit to the jurisdiction. We
use our own plan bags and make pick-ups and deliveries on a daily basis. This
saves valuable Town staff time that would otherwise be spent by bagging and
labeling plans, calling for courier pickups, and tracing missed deliveries.
O'Brien -Code Consulting; lnc: Quality -Service Value
SERVICES OVERVIEW
The Scope of Services for this contract with the Town of Los Gatos is for providing
professional building plan review services. All services will be provided by Ms.
Susan O'Brien, P.E., who will work closely with the Town staff to ensure the review
services exceed the Town's expectations. She will provide consistent and
comprehensive plans reviews, while providing the superior customer service
expected by the jurisdiction. We do not intend to hire any employees, or use sub -
consultants. However, should the workload dictate otherwise, we are confident
in our ability to recruit highly qualified personnel and will obtain prior authorization
from the Town Building Official, prior to the use of any sub -consultants. O'Brien
Code Consulting offers the following services:
® PLAN REVIEW SERVICES
o Provide complete plan review services for compliance with California
Building Laws as generally found in Title 24 Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 9, 10,
11, and 12, including structural, fire/life safety, disabled access, energy
conservation requirements, and green building requirements.
o Ms.. O'Brien is CASp certified and will provide CASp services to the Town.
o Based on Ms. O'Brien's many years of experience working for the Town
Building Division, she is very familiar withall of the applicable local
Ordinances, policies and procedures and will implement all applicable
items on a project -by -project basis.
o Provide comment letters which are consistent and comprehensive,
grouped together by discipline, and refer to specific plans sheets and
Code sections for ease of reference.
o Provide comment letters in a written format and transmit them to the Town
Building Division staff via email, or any other means deemed necessary by
the Building Official.
o Ms. O'Brien will provide her cell phone number to Town staff for their use
only, -.and .will . be -available -on -- the same day .-.to-respond-.to..questions . from_
Town staff.
o Services include the initial review and two iterations of revised plans ("re-
check") at no additional charge to the Town.
O'Brien-Code-Consulting;=I-nc. - -_= Quality :=Service Value
SERVICES OVERVIEW (continued)
• PLAN REVIEW SERVICES (continued)
o Upon plan review approval, "wet" signed and stamped approved plans
and documents will be returned to the Town along with an approval letter.
All documents will be stamped "Approved" in accordance with the Town
of Los Gatos requirements.
o O'Brien Code Consulting will not contact the applicant when plans are
approved. Any inquiries from applicants or design professionals to O'Brien
Code Consulting regarding the status of plans reviews will be directed to
the Town of Los Gatos.
o Pick-up and delivery of all plans and documents in -person by O'Brien Code
Consulting staff. No outside courier services will be used.
• ON -SITE PLAN REVIEW SERVICES
o Provide complete on -site plan review services for compliance with
California Building Laws as generally found in Title 24 Parts 1, 2, 2.5, 3, 4, 5, 6,
8, 9, 10, 11, and 12, including structural, fire/life safety, disabled access,
energy conservation requirements, and green building requirements.
o On -site services will be provided for approximately ten (10) hours per week,
spread over two separate days, to provide plan check of minor residential
and commercial plan reviews and to provide additional services as
required by the Building Official.
o Provide comment letters which are consistent and comprehensive,
grouped together by discipline, and refer to specific plans sheets and
Code sections for ease of reference.
o Provide comment letters in a written format to the Town Building Division
staff .
PLAN REVIEW TURNAROUND SCHEDULES
o First project plan reviews will be completed within ten (10) business days
from the date of the receipt of plans in our office from the Town. This
includes typical residential and commercial projects.
O'Brien -Code -Consulting -,-Inc. - Quality -Service ---Value
SERVICES OVERVIEW (continued)
PLAN REVIEW TURNAROUND SCHEDULES (continued)
o Subsequent project plan reviews will be completed within five (5) business
days from the date of the receipt of plans in our office from the Town.
o Response time for more complex projects as determined by the Town will
typically be completed within fifteen (15) business days from the date of
the receipt of plans in our office from the Town. The turnaround time for
any more complex project is negotiable.
o O'Brien Code Consulting understands that there may be situations that will
require projects to be expedited. We will complete all expedited projects
at the request and under the given time parameters provided by the
Building Official.
® TECHNICAL SUPPORT:
o Attend pre -construction or pre -design meetings as requested by the
Building Official. In the event that a meeting at the Town office is desired
by the Town and/or applicant and design professional on a day when Ms.
O'Brien is not scheduled to provide in-house services, she will be available
to attend a scheduled meeting with 48 hours prior notice.
o Provide field visits. In the event that a field visit is desired by the Town
and/or applicant and design professional on a day when Ms. O'Brien is not
scheduled to provide in-house services, she will be available to attend a
scheduled field visit with 48 hours prior notice.
o Provide support for field inspection personnel.
o Assist staff on an as -needed basis.
o All Town Building Division staff members will be provided with Ms. O' Brien's
cell phone number to contact with questions on an as -needed basis.
® MISCELLANEOUS SUPPORT
O'Brien Code Consulting understands the staffing challenges faced by local
• Building Departments. We are ready and willing to adapt to the changing
O'Brien Code Consulting,. Inc: Quality Service -:-Value
SERVICES OVERVIEW (continued)
• MISCELLANEOUS SUPPORT.
needs of the jurisdiction. In addition to plan review services, we will provide
the following services at the request of the Town:
o Expedited Services - O'Brien Code Consulting understands that
owners/applicants may desire expedited plan review services. In
accordance with the policies of the Town of Los Gatos, O'Brien Code
Consulting would be available to provide expedited plan review services
at an increased fee based on the required expedited turnaround time. This
would be on a project -by -project basis, as agreed upon with the Town
Building Official.
o On -Site Staff Training - O'Brien Code Consulting is committed to evolving
with the ever -changing Code requirements. Through attendance at
seminars and participation in Chapter and Committee meetings, we stay
current on Code developments. As a consultant to the Town, it is our duty
to ensure we communicate the. pertinent Code development and industry_
issues to the client. Ms. O'Brien will be available to attend staff meetings
and provide on -site staff training on various Code topics to Town personnel.
o CALEMA - Ms. O'Brien holds a current CALEMA card and is available to
assist the jurisdiction in the event of a natural or man-made disaster.
Any Technical and/or Miscellaneous Support servicesprovided to the Town
Building Division on a day that •Ms. O'Brien is not scheduled to provide in-house
plan review services, will billed to the Town of Los Gatos at the hourly rate
shown on the Standard Rate Schedule.
• PICK-UP/DELIVERY OF .PLANS & PLAN CHECK COMMENTS
Pick-up and delivery ofall plans anddocuments_ will be .in -person by O'Brien
Code Consulting staff. No outside courier services will be used.
O'Brien Code Consulting,:Inc.= -_ Quality— Service = Value ---
en
PROJECT EXPERIENCE
O'Brien Code Consulting, Inc. Principal, Ms. Susan O'Brien, has had the pleasure
of providing plan reviews on various types of projects throughout her career. She
has provided comprehensive plan reviews on numerous large and small projects
including: assisted living structures, child care facilities, churches, complex
custom homes, fire stations, gas stations, high rises, hotels, libraries, movie -
theaters, multi -family residential podium structures, office and retail buildings,
OSHPD-3 health care centers and medical office buildings, parking structures,
police stations, private schools, and shopping centers.
The following projects were reviewed by Ms. O'Brien, as the principal of O'Brien
Code Consulting, Inc.
® TOWN OF LOS GATOS
Since establishing O'Brien Code Consulting, Inc. in April of 2009, Ms. O'Brien
has reviewed over 300 projects for the Town of Los Gatos. This does not
include the numerous projects reviewed in-house at the Town offices. Projects
reviewed include several new single-family dwellings located in the Wildland
Urban Interface Area with complex retaining walls and pier and grade beam
foundations. Some of the more significant projects are described below:
(N) Self-Sforaae Buildinct
Reviewed under the 2007 California
Codes, this project consists of a 3-story
plus basement Group S-1 storage -
building with a Group B office and an
R-2 dwelling unit. Type II-B
Construction. Approximately 87,000
O'Brien -Code Consulting, Inc. -
Quality-- Service --Value- J
PROJECT EXPERIENCE (Continued)
• TOWN OF LOS GATOS (continued).
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(N) Bluebird Lane - Subdivision
Reviewed under the 2007 California
Codes, this project consists of 17 new
single family dwellings many with
basements and detached garages
and the addition and remodel of the
historical "Thrash House".
(N) Los Gatos Library
Reviewed under the 2007 California
Codes, this project consists of a 2-story
Group A-3 library, Type V-A
Construction. This 29,240 SF project
uses buckling -restrained -braced -
frames as part of its lateral -force -
resisting -system.
(N) Safeway
Reviewed under the 2007 California
Codes, this project consists of a two-
story Group M occupancy on a
podium with a Group S-2 basement
parking garage. Type II- B
Construction throughout.
O'Brien -Code Consulting;lnc. Quality -Service-- Valve
PROJECT EXPERIENCE Continued)
TOWN OF LOS GATOS (continued)
(N) Medical Office Building
Reviewed under the 2007 California
Codes, this project consists of a new
single story 3,000 SF Group B medical
office building of Type V-B
Construction.
e CITY OF MOUNTAIN VIEW
Since establishing O'Brien Code Consulting, Inc. in April of 2009, Ms. O'Brien
has reviewed over 240 projects for the City of Mountain View. Projects
reviewed include several large and small tenant improvements and multi-
family dwelling projects. Some of the more significant projects are described
below:
(N) Rock Street Villas
Reviewed under the 2007 California
Codes, this project consists of 20 total
dwelling units. Five separate buildings
of row houses were constructed as
three-story R=3/U Occupancies with
required townhouse fire separations.
O'Brien -Code -Consulting; Inc. ___ Quality Service- --Value=-
PROJECT EXPERIENCE (Continued)
• CITY OF MOUNTAIN VIEW (continued)
(N) Lingli School
Reviewed under the 2007 California
Codes, this project consists of a new
single story 4,700 SF Group 1-4 Daycare
building of Type V-B Construction.
(N) Prometheus Apartments
Reviewed under the 2007 California
Codes, this project consists of two 4-
story R-2 apartment buildings on a
podium with an S-2 parking garage in
the basement. The basement is Type
I -A .construction while the apartment
buildings are V-A construction. Total
floor area reviewed was 373,000 SF.
Orchard Partners - T.I.
Reviewed under the 2007 California
Codes, this project consists of a 2-story
Group B office building exterior
improvements and interior T.I. of
approximately 164,000 SF. Type III-B
Construction
O'Brien Code Consulting, Inc. -- Quality--Service--==Value_
PROJECT EXPERIENCE (Continued)
® CITY OF MOUNTAIN VIEW (continued)
Intuit - T.I.
Reviewed under the 2007 and 2010
California Codes. OCC has provided
numerous plan reviews for Intuit office
T.I. projects throughout their entire
campus,
Google — T.I.
Reviewed under the 2007 and 2010
California Codes. OCC has provided
plan reviews for over two dozen office
T.I. projects throughout their entire
campus.
® CITY OF CAMPBELL
Since establishing O'Brien Code Consulting, Inc. in April of 2009, Ms. O'Brien
has reviewed over 50 projects for the City of Campbell. Projects reviewed
typically consist of Title 24 Energy, CALGreen, and Structural Only plan review.
Some of the more significant projects are described below:
(N) Safeway Gas Station & Kiosk
Reviewed under the 2007 California Codes, this
project consists of structural and Title 24 Energy
only review of the Group M occupancy of
approximately 7,000 SF.
O'Brien Code Consulting, Inc.
'Quality Service - Value
PROJECT EXPERIENCE (Continued)
• CITY OF CAMPBELL (continued)
(N) Retail Shell Building
Reviewed under the 2007 California
Codes, this project consists of
structural and Title 24 Energy only
review of the Group M occupancy of
approximately, 4,600 SF.
(N) Industrial Building
Reviewed under the 2007 California
Codes, this project consists of
structural and Title 24 Energy only
review of the Group S-1 occupancy
of approximately 9,300 SF.
• CITY OF PALO ALTO - THIRD PARTY PLAN REVIEW
Facebook-T.I.
Reviewed under the 2007
California Codes, this project
consists of a two-story Group B
office T.I. of approximately
43,000 SF. Applicant required
expedited service.
O'Brien :Code:Consulting--Inc:.- Quality- Service = Value
BUILDING PLAN REVIEW FEES:
Fees for comprehensive plan reviews, performed at the O'Brien Code Consulting
office, will be equal to sixty percent (60%) of the review fees as calculated per
the Town of Los Gatos. This fee is negotiable. This percentage based rate will be
effective until June 30, 2012. The Town will provide O'Brien Code Consulting with
jurisdiction plan review fees (project by project) for use in calculating O'Brien
Code Consulting fees.
The above fee covers all services associated with the typical plan review,
including:
• The review of plans and related documents for compliance with the California
Building Laws as generally found in Title 24 Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11,
and 12, including structural, fire/life safety, disabled access, energy
conservation requirements, and green building requirements.
• Pick-up and delivery of design documents to the jurisdiction.
• First, second, and quick third reviews, if necessary, to approve projects.
Additional plan reviews (extensive third reviews and beyond) will be charged at
an hourly rate in accordance with the Standard Rate Schedule.
Miscellaneous Support Services Fees:
Miscellaneous technical and support services, including but not limited to,
attending pre -submittal meetings and providing on -site staff training will be billed
at an hourly rate per the. Standard Rate Schedule.
Billing Procedures:
At the beginning of each month, O'Brien Code Consulting will furnish to the
Town of Los Gatos an invoice and a statement of the work performed for
compensation during the preceding month. Such statement will also include a
detailed record of the month's actual reimbursable expenditures.
O'Brien Code Consulting, Inc. Quality - Service - Value::
O'BRIEN CODE CONSULTING
STANDARD RATE SCHEDULE- TOWN OF LOS GATOS
Personnel Description
Principal
Hourly Billing Rate
100.00
These rates are effective through June 30th, 2012. This fee is
negotiable.
Overtime will be charged at 125% of the standard hourly rates. No
overtime will be charged without prior authorization by client. **
Mileage Reimbursement -
(for any OCC staff travel required by the Building Official, beyond 30
miles from the Town offices) Standard Government Mileage Rate +
15% (Currently $ 0.51 * 1.15 = $ 0.59 per mile)
Outside Consultants Cost plus 15%
**
Hours for in-house services in excess of 8 hours (per day) will be
billed at the overtime rate shown above. When in-house services
or. plan review overtime is requested on weekends or holidays,
these overtime -services will -be provided in 4-hour minimum
segments.
O'Brien -Code Consulting;ilnc -. Quality --Service =-Valve
REFERENCES
O'Brien Code Consulting was incorporated on. April 22, 2009. We have current
contracts with the following jurisdictions:
TOWN OF LOS GATOS
Ms. Wendie Rooney, Community Development Director
Mr. Michael M. Machado, CBO, Building Official
110 East Main Street
Los Gatos, CA 95032
(408) 399-5768 - Ms. Rooney
(408) 354-6815 - Mr. Machado
CITY OF MOUNTAIN VIEW
Mr. Randy Tsuda, Director of Community Development
Mr. Anthony Ghiossi, Chief Building Official
500 Castro Street
Mountain View, CA 94039
(650) 903-6456 - Mr. Tsuda
(650) 903-6654 - Mr. Ghiossi
O'Brien Code Consulting currently provides Third Party Plan Review Services to
the following jurisdictions:
CITY OF CAMPBELL CITY OF MENLO PARK
Mr. Bill Bruckart, Building Official Mr. Ron LaFrance, Building Official
70 North First Street 701 Laurel Street
Campbell, CA 95008 Menlo Park, CA 94025
(408) 866-2130 (650) 330-6704
PLACER COUNTY
Mr. Tim Wegner, Chief Building Official
3091 County Center Drive
Auburn, CA 95603
(530) 745-3010
O' Brien -Code -Consulting, inc. Quality- Service = Valve
Susan C. O'Brien, P.E., LEED AP,, CASp
Principal
LICENSES & CERTIFICATIONS:
■ Licensed Civil Engineer, State of California, License Number: C-56658
® ICBO/ICC Certified Plans Examiner, Number 0879129
• LEED AP Certified, June 2009
• CASp Certified, Number CASp-220
• CAL EMA Safety Assessment Program - ID #64779 Expires June 30, 2014
EDUCATION:
■ Bachelor of Science, Civil Engineering - San Jose State University, 1993
WORK EXPERIENCE:
April 2009 - Present - O'Brien Code Consulting, Inc. - Campbell, CA
Principal
Managing Principal performing all plan reviews and building department
services for various Bay Area client jurisdictions.
May 2007- April 2009 - West Coast Code Consultants, Inc. (WC3) - San Ramon, CA
Supervising Plan Check Engineer / Project Manager
Supervising Plan Review Engineer reviewing plans for various Bay Area
jurisdictions. The scope of reviews include the review of residential and
commercial plans for Structural, Life -Safety, Plumbing, Mechanical and
Electrical, T-24 Energy and T-24 Accessibility compliance.
• Major projects include: VMWare gymnasium;. Palo Alto; St. Francis Theater,
Mountain View; Lawson Lane Office Campus, Santa Clara; Marriott 7-Story
Hotel, Campbell; Walker Medical Office Building, Los Gatos.
January 1999 to April 2007 - Bureau Veritas (formerly LP2A) - Pleasanton, CA
Director of Plan Review 0
• . Joined .LP2A as a Plan Review Engineer and through numerous promotions
became the Director of Plan Review in June 2006.
(Continued on next page)
O'Brien-Code-Consulting,:Inc.- = __ Quality-Service=,Value
mu
Susan C. O'Brien, P.E., LEER. AP, CASp
Principal
WORK EXPERIENCE (continued):
January 1999 to April 2007 - Bureau Veritas (formerly LP2A) - Pleasanton, CA
Director of Plan Review
® Provided complete plan reviews of complex projects, including high rise
(Spieker Tower, Emeryville), several garage podium structures with
apartments above (Gateway - Los Gatos, and numerous in Emeryville),
movie theater (Bay Street, Emeryville), and OSHPD3 clinics (Los Gatos).
■ Instrumental in establishing plan review intern program. Trained interns to
understand work -flow process; mentored interns to perform plan review
rechecks and non-structural plan reviews.
■ Provided in-house plan review to multiple jurisdictions, including Los Gatos
and Mountain View
■ Managed staff of approximately 20 individuals consisting of plan review
engineers and support staff. Implemented operations, ensuring high quality
on -time reviews and profitability with emphasis on superior customer
service.
■ Received Employee of the Year Customer Service Award in 2003
■ Received Outstanding Leadership Award in 2007
■ Reviewed plans, details, calculations for code compliance to fire and life.
safety, accessibility, energy compliance, mechanical, plumbing, electrical,
T-24 Energy & structural.
November 1992 - December 1998, Town of Los Gatos Building Department - Los
Gatos, CA..
Senior Plan Review Engineer
■ Joined Los Gatos as an engineering intern and through several promotions
became the Senior Plan Review Engineer
■ Provided complete plan reviews for all projects, including new large single
family dwellings, new commercial buildings, and tenant improvements.
■ CIP Project Management included Energy Efficient Lighting Retrofit Project
Manager; Town Sidewalk Replacement Program administrator; Town Police
Department remodel design engineer and project manager; Town CNG
Station project manager. (Continued on next page)
-O-'Brien Code Consulting, =Inc _ _ - Quality Service ==Value
too tinuec
Susan C. O'Brien, P.E. LEED AP, CASp
Principal
WORK EXPERIENCE (continued):
November 1992 - December 1998, Town of Los Gatos Building Department - Los
Gatos, CA
Senior Plan Review Engineer
■ Developed Town Public Works Department Standard AutoCAD details for
streets and sidewalks and accessibility in the public right-of-way.
■ Received Employee of the Quarter Award in 1997
PROFESSIONAL AFFILIATIONS:
■ Member - International Code Council (ICC)
■ Member - ICC East Bay Chapter, ICC Monterey Bay Chapter, ICC
Peninsula Chapter
■ Member - American Society of Civil Engineers (ASCE)
■ Member - National Association of Professional Women (NAPW)
■ Member - Tri-Chapter Uniform Code Committee
• Member - Tri-Chapter Accessibility Discussion Group
■ Member - Tri-Chapter Code Change Committee -
■ Member - Certified Access Specialist Institute (CASI)
■ ICC Peninsula Chapter Vice President, 2011-2012 Term
• ICC Peninsula Chapter Secretary, 2010-2011 Term
■ ICC Peninsula Chapter Treasurer, 2009-2010 Term
O' Brien-Code=Consulting, lrfc. Quality: -Service = Value