2005-069 - Authorizing Town Manager To Enter Into An Agreement With Linhart Petersen And Powers And Associates For Building Permit Plan Check And Inspection Consultant Services.RESOLUTION 2005 - 69
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH LINHART
PETERSEN AND POWERS AND ASSOCIATES FOR BUILDING PERMIT PLAN CHECK
AND INSPECTION CONSULTANT SERVICES.
WHEREAS, Town Council desires to continue to utilize consultant services for Building
Permit Plan Check & Inspection; and
WHEREAS, due to the exceptional service and expert knowledge; qualifications and
experience required to provide these services noted, and the inability of the Town to provide
these services due to lack of professional staff, the Town desires to contract with Linhart Petersen
Powers and Associates to provide Building Permit Plan Check and Inspection Services.
RESOLVED, by Town Council that TOWN OF LOS GATOS enter into an agreement
with Linhart Petersen Powers and Associates to provide Building Permit Plan Check and
Inspection Services. This agreement is titled Agreement for Building Permit Plan Check and
Inspection Consultant Services - Exhibit A; and
FURTHER RESOLVED, by the Town Council that Town Manager is authorized and
directed to execute the attached agreement Building Permit Plan Check and Inspection
Consultant Services in the name and in behalf of TOWN OF LOS GATOS
PASSED AND ADOPTED at a regular meeting of the Town Council /Redevelopment
Agency of the Town of Los Gatos, California, held on the 20 day of June, 2005, by the
following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Barbara Spector,
Mayor Mike Wasserman.
NAYS: None
ABSENT: None
ABSTAIN: None .�� //
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
t yj �
i
CLERK ADMINISTRATOR
OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK DEPARTMENT
AG
AGREEMENT FOR CONSULTANT SERV�
I 5��`l/
ORD
THIS AGREEMENT is entered into this day of June, 96, by amd betweei i the
Town of Los Gatos, State of California, herein called the "Town ", X0 1n1ueDT DCTCDQC
POWERS and ASSOCIATES, engaged in providing BUILDING PERMIT PLAN CHECK AND
INSPECTION services herein called the "Consultant ".
RECITALS
A. The Town desires to continue to utilize the Consultant's services for Building Permit Plan
Check and Inspection.
B. Due to the exceptional service and expert knowledge; qualifications and experience
required to provide these services noted, and the inability of the Town to provide these
services due to lack of professional staff, the Town desires to contract with Linhart
Petersen Powers and Associates to provide Building Permit Plan Check and Inspection
Services.
C. The Consultant represents and affirms that it is qualified and willing to perform the desired
work pursuant to this Agreement.
AGREEMENTS
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
Scope of Services The Consultant shall provide the following services listed in the
Consultant's Scope of Services, attached hereto as Exhibit "A" and by reference
incorporated herein, and the services listed below:
A. As needed by the Town, provide building permit plan checks services,
including, but not limited to:
• Providing initial plan check comments on submitted applications and
plans,
• Providing resubmittal plan check comments on revised plans.
•. Providing written copies of initial and resubmittal plan check
comments.
B. When needed by the Town, conduct investigations, special studies, and
prepare reports regarding building permit plan check issues.
C. As requested by the Town, provide copies of work products of all comments,
reports, and studies prepared for the Town.
D: On an ongoing "as needed basis ", Consultant shall review and comment
plans submitted to the Town of Los Gatos Development Review Committee
(DRC). On an "as needed basis ", Consultant shall attend weekly DRC
meetings and provide written deficiency comments regarding the submittal
DRC applications.
Revised: 11/04/04 Page I Of 7
N:\DEV\Agreements\LP2AContractO5.wpd
Exhibit A
E. Town may from time -to -time have the need for other services not specifically
listed in this document for which Consultant has the necessary experience
and capabil'itie's to provide. Town may authorize Consultant to perform such
selected services on an "as needed basis ".
2. Time of Performance. The services of the Consultant are to commence upon the
execution of this Agreement (July 1, 2005) and end on June 30, 2007. Issuance of a Town
purchase order with the completion date of June 30, 2006 will be issued upon approval of
Agreement. Should the Town not renew the Agreement, the award and authorization of
the Agreement shall automatically expire. The Town shall give the Consultant at least
thirty (30) days notice, prior to the cancellation or expiration of the Agreement
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.
4. Sole Responsibility Consultant shall be responsible for employing or engaging all persons
necessary to perform the services under this Agreement.
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 confirmed
in writing by, Consultant to be a trade secret of Consultant.
6. Compensation Compensation for each task shall not exceed the amount in the
Consultant's Schedule of Fees (attached hereto as Exhibit "B" and incorporated by
reference herein) or as noted in Consultant's Schedule of Rates (attached hereto as
Exhibit "C and incorporated by reference hereto). Payment shall be based upon Town
approval of each task.
7. Billing Billing 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.
Revised: 11/04/04 Page 2 of 7
N:\DEV\Agree.mentsULP2AContractO5.wpd
Payment shall be net thirty (30) days. All invoices and statements to the Town shall
reference the Town's purchase order number and be addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95030
Statements:
Town of Los Gatos
Attn: Finance Department
P.O. Box 655
Los Gatos, CA 95030
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.
9. Project Manager The Project Manager for the Consultant for the work under this
Agreement shall be either Kenneth C. Petersen or Susan O'Brien. The Project Manager
for the Town for the work under this Agreement shall be Anthony Ghiossi.
10. 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.
11. Notices Any notice required to be given shall be deemed to be duly and properly given
if mailed postage prepaid, and addressed to:
To Town: Bud N. Lortz
Director of Community
Development
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95032
To Consultant: Kenneth C. Petersen
Susan O'Brien
Linhart Petersen Powers
and Associates
6088 Sunol Blvd., Ste 100
Pleasanton, CA 94566
Telephone: (408) 354 -6874
FAX: (408) 354 -7593
Telephone: (925) 226 -1320
Toll Free: (800) 340 -4644
FAX: (925) 218 -1970
Email: susane- 1p2a.com
or personally delivered to Consultant to such address or such other address as Consultant
designates in writing to Town.
12. 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
Revised: 11/04/04 Page 3 of 7
N:\DEV\Agreements\LP2AContractO5.wpd
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.
13. Conflict of Interest Consultant understands that its professional responsibilities is 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.
14. 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
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.
15. Insurance
A. 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.
Revised: 11/04/04 Page 4 of 7
N:\DEV\Agreements\LP2AContractO5.wpd
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 t. _)rk
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.
B. 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.
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.
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.
C. 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.
D. 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.
Revised: 11/04/04 Page 5 of 7
N:\DEV\Agreements\LP2AContractO5.wpd
16. Indemnification The Consultant shall save, keep and hold harmless 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.
17. Waiver No failure on the part of either party to exercise any right 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.
18. 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.
19. 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 thirty 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 pursuant to paragraph 6 hereto, unless such
termination is made for cause, in which event, compensation, if any, shall be adjusted in
light of the particular facts and circumstances involved in such termination.
20. 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.
21. Disputes In any dispute over any aspect of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, including costs of appeal.
22. Entire Agreement This Agreement, including Exhibits A, B and C, 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.
Revised: 11/04/04 Page 6 of 7
N:\DEV\Agreements\LP2AContractO5.wpd
IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement as of the date
indicated on page one.
Town of Los Gatos. by:
Linhart Petersen Powers and Associates, by:
Debra J. Figone, Town Manager Signature
Date:
Recommended by:
Print Name
Title
Pamela Jacobs, Assistant Town Manager
Date:
Date:
Approved as to Form:
Orry P. Korb, Town Attorney
Date:
ATTEST:
Town of Los Gatos, Los Gatos, California
Marlyn Rasmussen, Clerk Administrator
Date:
Revised: 11/04/04 Page 7 Of 7
N:\DEV\Agreements\LP2AContractO5.wpd
EXHIBIT A
SCOPE OF SERVICES
PLAN REVIEW SERVICES
Plan Review: LP 2 A will perform plan reviews to check plans for compliance with the California Building
Laws as generally found in Title 24 Parts 2, 3, 4, 5, 6, 8 and 12 including structural, fire /life safety,
disabled access, and energy conservation requirements — as amended by Jurisdiction.
Comment Lists and Plans Delivery. Plan reviews result in typed lists of comments which refer to
specific details and drawings, and reference applicable code sections. LP will transport plans and
comments to Jurisdiction in person, via FAX, and /or reliable overland carrier. Overnight delivery is
available at no additional cost. Depending on the Jurisdiction's preferred process, LP will provide plan
check comments and perform rechecks directly with the (1) Jurisdiction, or (2) the applicant/designer,
returning approved documents to the Jurisdiction after the plan review process is completed.
Turn - Around Schedules: Plan reviews will generally be completed / returned to Jurisdiction within
approximately ten (10) working days of the date the plans are received by LP Other turnaround
schedules will be accommodated at request of Jurisdiction. Large, unusually complex plan reviews may
require up to a fifteen (15) day turn - around.
Technical Support: When mutually agreed between the Jurisdiction and LP as vital to project
success, LP staff will attend pre- construction or pre- design meetings, field visits upon request, and
provide support for field inspection personnel on an as- needed basis.
INSPECTION SERVICES
LP will provide building inspector(s) as requested by the City. The scope of inspection services to be
provided will be defined listed below or as defined uniquely for each project or as determined by LP and
the Jurisdiction. Inspector(s) will report directly to the City Building Official or other person designated by
the City for all project - related work.
In general, the inspection services to be provided may include, but are not limited to, field observation of
all construction activity, preparation of daily reports, review of submittals and other duties as assigned.
MASTER PLAN CHECK/INSPECTION,DOC
REVISED 4105
. EXHIBIT B
SCHEDULE OF FEES
Building Plan Review Fees
Fees for comprehensive plan reviews, performed at LP offices, will be equal to time - and - materials
basis at the rates set forth in Exhibit C, attached hereto; or an amount for each project plan check
equal to eighty percent (80 %) of the 1997 UBC plan check fee using valuation based on the most
recent valuations published by ICC for normal, full building plan checks.
The above fee covers all services associated with the typical plan review, including:
• Delivery of design documents to the jurisdiction.
• First, second, and third quick reviews, if necessary, to approve projects
• Pre - application, pre- construction, or additional meeting attendance that is necessary for
unusual or complex projects.
Partial Plan Reviews Building Departments
Structural -only plan review fees will be fifty percent (50 %) of the plan review fees as calculated per the
jurisdiction. Special project fees (e.g., plumbing / mechanical / electrical -only, URM) can be based on a
percentage of the plan review fee, hourly rate or other fee methods mutually agreeable to both parties.
Other Potential Fee Types for Building Departments
For projects where percentage fees are not applicable, or for plan review projects requiring services far
exceeding the normal expectations, the attached hourly rate listed in LP Schedule of Rates will be
used.
Inspection Fees for Building Departments
On -site field inspection related support services are performed on an hourly fee basis as listed in the
attached Personnel Charges. Overtime hours are assessed at an additional twenty -five percent (25 %)
of the hourly rate. When requested by the jurisdiction, LP will provide transportation for inspection
services per current IRS rate per mile within the jurisdiction.
MASTER PLAN CHECK/INSPECTION.DOC
REVISED 4105
EXHIBIT C
SCHEDULE OF RATES
Personnel Charges — Plan Review and Inspection Services
Personnel Description Hourly Billina Rate
Principal $150
Supervising Plan Review Engineer /Associate $125
Senior Plan Review Engineer /Architect $115
Plan Review Engineer /Architect $95
Senior Plans Examiner $85
Plans Examiner $75
Permit Technician $55
Code Enforcement Officer $75
Clerical Support $50
Supervising Inspector $110
Senior Inspector /Project Manager $95
Inspector II $85
Inspector 1 $75
Travel and Mileage (for client requested meetings) T & M
Overtime Services 25% of Above Rates Shown
These rates are effective from July 1, 2005 through June 30, 2006. Overtime will be charged at 1.25% of
the standard hourly rates. No overtime will be charged without prior authorization by client.
Reimbursable Expenses
Reimbursable expenses shall include, but not be limited to, the following:
Mileage
- Domestic Travel Per Diem
Outside Consultants
Other Direct Project Expenses
(Per current IRS rate)
($50 /day plus lodging)
(at cost plus 15 %)
(at cost plus 15 %) including:
• Public transportation, charter, or rental
• Printing, graphics, photography, and reproduction
• Rental or purchase of special equipment and materials
• Long distance telephone and special shipping
** Hours for inspections in excess of 8 hours (per day) will also be billed as overtime at the rate shown above.
When inspection overtime is requested (on days when inspector has not already performed inspections on the site), inspection
overtime services will be provided in 4 -hour minimum segments. When the inspection overtime services (on days when
inspector has not previously performed inspection on the site) are in excess of 4 hours they will be billed as an eight hour day.
MASTER PLAN CHECKIINSPECTION.DOC
REVISED 4175 •