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Staff Report O'Brien Code Consulting PREPARED BY: JOEL PAULSON Director of Community Development Reviewed by: _______Assistant Town Manager _______Town Attorney ________Finance N:\SHARE\COUNCIL REPORTS\2016\09-20-16\06 O'Brien Code Consulting\Staff Report FINAL.doc Reformatted: 5/30/02 Revised: 9/15/16 10:42 AM MEETING DATE: 09/20/16 ITEM NO: 6 COUNCIL AGENDA REPORT DATE: SEPTEMBER 14, 2016 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: AUTHORIZE THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH O’BRIEN CODE CONSULTING, INC. FOR BUILDING DIVISION PLAN CHECK CONSULTANT SERVICES. RECOMMENDATION: Authorize 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 19 years. The Town needs to retain code and structural engineering consultant plan check services because the Town does not have a Plan Check Engineer position. 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 a Request for Qualifications (RFQ) to learn the quality and costs of services available in the marketplace. Staff sent out RFQs to six plan check consultant firms, and proposals were received from the following firms:  O’Brien Code Consulting, Inc.  Interwest Consulting Group  4LEAF, Inc. PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: AUTHORIZE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH O’BRIEN CODE CONSULTING, INC. FOR BUILDING DIVISION PLAN CHECK CONSULTANT SERVICES SEPTEMBER 14, 2016 DISCUSSION (Continued): Staff carefully reviewed and evaluated the proposals and all the proposals were very competitive. However, O’Brien Code Consulting, Inc. (OCC) was determined to be the most qualified firm based on their staff experience and competitive pricing (see Exhibits A and B to Attachment 1). Typical tasks of the Plan Check consultant are:  Plan Review services of complex projects  On-site Plan Review of less complex projects - two days per week  Technical support  Miscellaneous support, expedited services, emergency response  Pick-up/delivery of plans and comment letters The Principal for OCC has provided plan check services to the Town for over 25 years (seven years as OCC) and is familiar with Town and Building Division procedures. She has a demonstrated record in meeting the expected turnaround times and providing exemplary service to the Town. OCC has the following qualifications:  Licensed Civil Engineer  International Code Council Certified Plans Examiner  Leadership in Energy and Environmental Design Accredited Professional Certified  California Accessibility Specialist Program Certified  California Emergency Management Agency Safety Assessment Program OCC also provides similar services to the City of Mountain View, City of Cam pbell, City of Menlo Park, and City of Saratoga. CONCLUSION: Based on the responses to the RFQ, OCC is the most qualified and experienced plan check services firm to provide Plan Check consultant services to the Town. The Principal is a very knowledgeable building code professional and provides outstanding customer service. Staff recommends that Council authorize the Town Manager to enter into an agreement with O’Brien Code Consulting, Inc. for Building Division Plan Check Consultant Services. FISCAL IMPACT: All costs for Plan Check Consultant contracts are borne by applicants and no costs to the Town are incurred. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: AUTHORIZE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH O’BRIEN CODE CONSULTING, INC. FOR BUILDING DIVISION PLAN CHECK CONSULTANT SERVICES SEPTEMBER 14, 2016 Attachments: 1. Consulting Plan Check Agreement with O’Brien Code Consulting, Inc., including Exhibits A and B (32 pages) Distribution: O’Brien Code Consulting, Inc., P.O. Box 112346, Campbell, CA 95011-2346 Page 1 of 7 AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT is made and entered into on this 1st day of October, 2016, 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 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 Town needs to undertake activities to supplement its ability to review building plan checks and enhance customer service, efficiency, and legal requirements. 1.2 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 Town on July 7, 2016 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, 2016 to June 30, 2021. 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 meetings with Town staff, public officials, community leaders, developers, contractors and the general public. (Maximum of 4 additional meetings per month.) ATTACHMENT 1 Page 2 of 7 e. Provide On-site Plan Review services for approximately ten (10) hours per week for Plan check of minor residential and commercial projects. 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. g. Provide services as needed by the Town per Scope of Services – Exhibit A. 2.3 Compliance with Laws. 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 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 Town and all reports and supportive data prepared by Consultant under this Agreement are Town’s property and shall be delivered to Town upon the completion of Consultant's services or at 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 Town to the public, and Consultant shall not make any of the these documents or information available to any individual or organization not employed by Consultant or Town without the written consent of Town before such release. Town acknowledges that the reports to be prepared by 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 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. 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 B 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. Page 3 of 7 Payment shall be net thirty (30) days. All invoices and statements to Town shall be addressed as follows: 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 Town at the Consultant's offices during business hours upon written request of 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 Town. 2.10 Independent Contractor. It is understood that 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 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, 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. Consultant has and shall not obtain any holding or interest within Town of Los Gatos. Consultant has no business holdings or agreements with any individual member of Staff or management of 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 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 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 Town's sole discretion, sever any such employment relationship. Page 4 of 7 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 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: i. 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 Town all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all certificates and endorsements are to be received and approved by 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: i. 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 Consultant; products and completed operations of Consultant, premises owned or used by Consultant. This requirement does not apply to the professional liability insurance required for professional errors and omissions. ii. 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 Town, its officers, officials, employees or volunteers shall be excess of Consultant's insurance and shall not contribute with it. Page 5 of 7 iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to Town, its officers, officials, employees or volunteers. iv. 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 Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with 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. Consultant shall save, keep, hold harmless and indemnify and defend 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 Consultant, or any of 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 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. 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. Town and 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, Consultant shall deliver to Town all plans, files, documents, reports, performed to date by 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 Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if Page 6 of 7 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 Town and Consultant. 4.5 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. 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 personall y 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 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 7 of 7 IN WITNESS WHEREOF, Town and Consultant have executed this Agreement. Town of Los Gatos by Laurel Prevetti, Town Manager Recommended by: Michael Machado, Building Official Approved as to Form: Robert Schultz, Town Attorney N:\SHARE\COUNCIL REPORTS\2016\09-20-16\06 O'Brien Code Consulting\Attachment 1 - Consulting Plan Check Agreement with O'Brien Code Consulting.doc Consultant, by: Susan O’Brien, P.E, LEED AP, CASp Principal Statement of Qualifications to Provide Building Division Plan Check Review Services Prepared for : Mr. Michael M. Machado, CBO Building Official Town of Los Gatos Community Development Department -Building Di vis ion 110 E. Main Street O'Brien Code Consulting, Inc. P.O . Box 112346 Los Gatos, CA 95030 July 7, 2016 Contact: Campbell, CA 95011-2346 Phone/Fax: (408) 370-1585 obriencode@gmail.com 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, 11 , 12, 13, 14, 15, & 16 Plan Review Fees . . . .. . . . . . . . . . . . . . . .. .. . .. . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . .. ............. 17 Standard Rate Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 18 Contacts and References ............................................................ 19 EXHIBITS: Exhibit A -Resume ~ O 'Brien Code Consulting. Inc. Quality -Service -Value July 7, 2016 Mr. Michael M. Machado, CBO Bui lding Official Town o f Los G atos 11 O East Main Street Lo s Gatos, CA 95030 Re: Letter of Intent to Provide Building Division Plan Check Review Services Dear Mr. Mac hado: Thank you for the opportunity to present this statemen t o f qualifications to p rovide Bu ildin g Division plan check review services fo r the Town of Los Gatos. O'Brien Code Consu lti ng, In c. has provided complete plan c heck revi ew serv ices, including on-site plan review, t o th e Town for over the past seven years. Prior to that, Ms. Susan O'B rien , OCC Principal, has provided p lan check review services to th e Town for over 25 years with o th er consulting firms , and originally as an employee o f th e Town. This vast historical kn owledge of the Town's projects and procedures, cou pled with the c lose workin g re lationships developed over the years with Town staff and local desig n professional s, makes OCC the b es t consultant t o serve th e Town's n eeds. OCC inte nds to continue serv in g th e To wn as it has done in th e past, by providing comple t e, thorough, a nd timely plan reviews for both on-site and larger projects reviewed at our office. We will contin ue t o provide support serv ices to th e Town a t pre-sub mittal meetings and assist th e Bu ilding In spection staff wi th field issues and site v isits. C urre ntly , we provide on-site plan review serv ices to the Town on Tuesdays and Thursdays from 7:30 AM to 1 PM. We inte nd t o continu e this sc hedule unless modified by the Town Bu il ding O fficial. We appreciate th e opportun ity to a ttend pre-submittal meetings and to p rovide feedback on projects, prior to permit submittal. This helps t o reduce the overall plan review t im e necessary for larg er projec ts. We also appreciate th e in c lu sion a t staff meetin gs and th e opportunity to provide staff trainin g. We intend to continu e th ese serv ices on an as-needed basis . Please contact m e at (408 ) 540-93 15 sh o uld you have any questi ons. I am very excited to presen t our qualificati o ns and hope to have t he opportunity to continue working for th e Town Bui lding Division and Community Develo pme nt Departme nt. Sin cerely, Susan O'B ri e n, P.E., LEED AP, CAS p Principal O'Bri e n Code Consu lting, Inc. ~ O'Brie n Code C onsu ltin g, 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 twenty-five 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 the recession, to offer high quality plan review services at very competitive prices . Ms . 0' 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. We treat our clients the way they e xpect to be treated . This means we are very responsive to the client's needs while provi ding exemplary customer service . When an appli cant calls or emails our office, all technical questions are answered promptly by M s. O 'Brien . Since she performs all plan reviews, the caller can rest assured that they are talking to the plan review engineer who actually reviewed their project and issued the comments . Our responsibility is to provi de 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 w ith quick t urn-around ti mes. 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 jurisdiction that the Building Official and Building Division staff can rely on to provide the best service possible . We present ourse lves 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, Inc. Q ualit y -Service -Value GENERAL QUALIFICATIONS (continued) • COMPANY PROFILE (continued) 0' 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. 0' 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 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. ~ O'Brie n Code Consulting. Inc. Quality -Service -Value GENERAL QUALIFICATIONS Ccontinuedl • STAFF PROFILE, QUALIFICATIONS, AND EXPERIENCE (continued) As a certified LEED AP, Ms . O'Brien has knowledge of green building principles that extend beyond the 2013 California Green Building Standards Code. This allows her to provide added value and insight to the jurisdiction and design professionals regarding green building 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 0' Brien Code Consulting is located in Campbell, CA, w ithin a l 0-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 p lan 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. Should it ever be necessary to provide multip le pick-ups and deliveries in one workday, we are able to provide same-day service with notification prior to 30 minutes of close of business that day. ~ O'Brien Code Consulting. Inc. 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 M s. 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 l, 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 M s. O'Brien is CASp c ertified and will provid e 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 with all of the applicable local Ordinance s, policies and procedures and will implement all applicable items on a project-by-project basis. o Provide comment letters which are consist e nt and comprehensive, grouped together by discipline, and refer to specific plans sheets and Cod e 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 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 'Bri e n Code Consulting, Inc. Qua lit y -Servic e -Value SERVICES OVERVIEW (continued) • PLAN REVIEW SERVICES C continued) 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, i ncluding 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 the timeframe assigned by the jurisdiction (typically 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 . However, building Code change cycle and incomplete plan submittals may require extended plan review times to be defined by the jurisdiction. o Subsequent project plan reviews will be completed within the timeframe assigned by the jurisdiction (typically five (5) business days from the date of the receipt of plans in our office from the Town). However, building Code change cycle and incomplete plan submittals may require extended subsequent plan review times to be defined by the jurisdiction. ~ O 'Brien Code Consulting. Inc. Quality -Service -Value SERVICES OVERVIEW (continued) • PLAN REVIEW TURNAROUND SCHEDULES (continued) 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 complex projects 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 . 0' 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 sc heduled 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 0' Brien Code Consulting understands the staffing challenges faced by local Building Departm e nts. We are ready and willing to adapt to the changing 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 se rvices. In accordance with the policies of the Town of Lo s Gatos, 0' Brien Code Consulting would be available to provide expedited ~ O'Brien Code Consulting. Inc. Quality-Service -Value SERVICES OVERVIEW (continued) • MISCELLANEOUS SUPPORT 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 -0' Brien Code Consulting is committed to evolving with the ever-changing Code requirements. Through attendance at semi nars 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 services provided to the Town Build ing Division on a day that Ms . 0' 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 of all plans and documents 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 PROJECT EXPERIENCE O 'Brien Code Consulting, Inc. Pr incipal, 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, c hurches, complex custom homes, fire stations, gas stations, high rises, hotels , libraries, movie th eaters, multi-family residential podium structures, office and retail buildings, OSHPD-3 health care centers and medical office buildings, parking stru ctures, police stations , private schools , and shopping centers. The following projects were reviewed by Ms. 0 ' Brien, as the principal of 0' 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 1,000 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 th e Wildland Urban Interface Area with complex retaining walls and pier and grade beam foundations. Some of the more significant projects are described below: ~ O 'Brien Code Consulting, In c. CNl Netflix Campus Reviewed under the 2010 and 2013 California Codes, this project consisted of four shell office buildings and subsequent tenant improvements and a parking garage. The office buildings contain Group B and A-3 occupancies, including a theater in one building. During the project, bridges were added to connect all office buildings. The office buildings vary from Type 11-B and Type 111-B Construction. Total site floor area is approximately 485 ,000 SF. Quality -Service -Va lue PROJECT EXPERIENCE (Continued) TOWN OF LOS GATOS (continued) Los Gatos Theatre Reviewed under the 2010 California Codes , this project consisted of an addition and remodel to a historical building . Complex exiting , accessibility, and property line fire separation issues were the highlights of this project. Group A-l occupancy of Type V-A Construction . Approximate ly 9,000 SF, two-story structure. The Terraces -Building C Addition Reviewed under the 2010 California Codes, this project consisted of an addition to a Group R-2. l assisted living facility. Complex special requirements for R-2. l occupancies, as well as exiting issues were the highlights of this project. Type V-A Construction. Approximately 21,000 SF addition to an existing two- story structure. Riviera Terrace Apartments -CNl Bldgs. Reviewed under the 2010 California Codes, this project consisted of four new R-2 apartment buildings and a new pool house. Eac h apartment building was three stories of Type V-A Construction. Approximately 75,000 SF total project floor area. ~ O 'Brien Code Consulting, Inc. Quality -Service -Value PROJECT EXPERIENCE (Continued) • TOWN OF LOS GATOS (continued) r ~ O'Brien Code Consulting. Inc . Swanson Ford -Two CNl Retail Buildings, Townhomes, and Single Family Homes Reviewed under the 20 l 0 California Codes, this project consisted of two new mixed-use retail/office buildings of Type V- B construction, approximately 20,000 SF total. The townhome portion of the project consisted of nine two-story attached townhome buildings. The residential portion of the project consisted of l 6 detached single-family dwellings. Quality -Service -Value PROJECT EXPERIENCE (Continued) TOWN OF LOS GATOS (continued) (N) Medical Office Building and Dialysis Clinic Reviewed under the 20 l 0 California Codes, this project consisted of a new Type 11-B Construction shell medical office building of approxi mately 13,500 SF . The dialysis center 1-2. l OSHPD3 clinic consisted of approxi mately 8,000 SF and was reviewed under the OSHPD3 requirements. Other Notable Los Gatos Projects: CNl Medical Office Building with Basement Parking Garage and T.I. Reviewed under the 2010 California Codes, this project consisted of a new 40 ,000 SF two-story shell medical office building with 42 ,500 SF basement parking garage. Type 11-B Construction throughout. • The Highlands -Luxury Homes located in the Wild-Land Urban Interface Area • (N) two-story classroom building at St. Mary's Private Sc hool • Los Gatos Luxury Autos -building addition and tenant improvement • (N) 33-Unit Subdivision at Knowles Drive and Capri ~ O 'Brien Code Consulting. Inc. Q uality -Servic e -Value PROJECT EXPERIENCE (Continued) • CITY OF MOUNTAIN VIEW Since establishing O'Brien Code Consulting, Inc. in April of 2009 , Ms. O 'Brien has rev iewed over 650 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: Castro Street -(N) Mixed-Use Building with Basement Parking Garage Reviewed under the 2010 California Codes, this project consisted of a four- story office building and R-2 Apartment building with two-story basement parking garage. Type V-A construction of approximately 90 ,000 SF total. Challenges included shoring for supporting the adjacent existing buildings and public righ.t-of-way, along with complex exiting issues. Manzanita East & Manzanita West Apartments ~ O'Brien Code Consulting, Inc. Reviewed under the 2010 California Codes, this project consisted of two four- story R-2 apartment buildings on a podium with basement parking garage below. Type V-A and I-A construction of approximately 550,000 SF total. Challenges included occupied rooftop deck and interior courtyard complex exiting issues. Quality -Service -Value PROJECT EXPERIENCE (Continued) • CITY OF MOUNTAIN VIEW (continued) San Luis Townhomes Reviewed under the 2013 California Codes, this project consisted of 28 total two-story and three-story townhomes . Challenges included accessibility and fire-separation issues. Other Notable Mountain View Projects: • Orchard Supply Addition & T.I. -2555 Charleston Road • 4-Story Apartment Building -135 Franklin A venue • (N) Safeway Building with Rooftop Parking and several shell retail buildings-San Antonio Shopping Center • Several multistory shell office buildings (2019 Stierlin , 871 W. Evelyn , 100 W. Evelyn, l 005 N. Shoreline Boulevard) • Several large (over 200+ dwelling units for each project) multifamily apartment building podium projects with basement parking garages ( 111 N. Rengstorff Avenue, 865 E. El Camino Real) • City projects including City Library, City sports fie lds, and McKelvey Park ~ O'Brien Code Consulting, Inc. Quality-Service -Value PROJECT EXPERIENCE (Continued) • CITY OF CAMPBELL Since establishing O'Brien Code Consulting, Inc. in April of 2009 , Ms. O'Brien has reviewed over 200 projects for the City of Campbell. Projects reviewed typically consist of Title 24 Energy, CALGreen, and Structural Only plan review. Some of the more si gnificant projects are described below: EMQ -Full Review -Change of Occupancy Palomar Subdivision Reviewed under the 20 10 California Codes, this project consisted of a change of occupancy from a Group B occupa n cy t o a Group 1-3 juvenile lock-down facility. Project also consisted of change of type of construction from V-B to V-A. Reviewed under the 2010 California Codes, thi s project consisted of a new 25-unit subdivision . Reviewed for Title 24 Energy Code, California Green Building Standards Code, and California Building Code -Structural Provisions Only . ~ O'Brien Code Consu lting, In c. Quality -Service -V alue PROJECT EXPERIENCE (Continued) • CITY OF MENLO PARK Since establishing O'Brien Code Consulting, Inc. in April of 2009 , Ms . O 'Brien is an approved third party plan check firm on the City of Menlo Park 's list . Due to the volume of work from the direct contract clients, a very limited number of third party projects consisting of mainly of small tenant improvements and small single family dwelling projects have been reviewed by Ms. 0' Brien on behalf of the jurisdiction . • CITY OF SARATOGA Our newest client for p lan review services is the City of Saratoga. We started providing plan review services for the City in Summer of 2015. Typical projects reviewed consist of new single family dwellings located in the hillside and Wild-Land Urban Interface area, additions and remodels to existing single-family dwellings, and small tenant improvement projects. ~ O'Brien Code Consulting, Inc. Quality -Service -Value BUILDING PLAN REVIEW FEES: Fees for comprehensive plan reviews , performed at the 0' Brien Code Consulting office, will be equal to sixty percent (603) 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, 2017. The Town will provide O'Brien Code Consulting with jurisdiction plan review fees (project by project) for use in calculating 0 ' 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, 0' 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. Qua lit y -Servic e -Value O'BRIEN CODE CONSULTING STANDARD RATE SCHEDULE-TOWN OF LOS GATOS Personnel Description Hourly Billing Rate Principal $ 120.00 These rates are effective through June 30th, 2017 . This fee is negotiable. Overtime will be charged at 1253 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+ 153 (Currently$ 0.54 * 1.15 = $ 0.62 per mile) Outside Consultants Cost plus 153 ** 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, Inc. Quality -Service -Value REFERENCES O 'Brien Code Consulting was incorporated on April 22 , 2009. We have current contracts with the following jurisdictions: TOWN OF LOS GATOS Mr. Joel Paulson , Community Development Director Mr. Michael M. Machado, CBO , Building Official 110 East Main Street Los Gatos, CA 95032 (408) 354-6879 -Mr. Paulson (408) 354-6815-Mr. Machado CITY OF MOUNTAIN VIEW Mr. Randy Tsuda , Director of Community Development Ms . Shellie Woodworth, Chief Building Official 500 Castro Street Mountain View, CA 94039 (650) 903-6456 -Mr. Tsuda ( 650) 903-6477 -Ms. Woodworth CITY OF SARATOGA Mr. Erwin Ordonez, Community Development Director 13777 Fruitvale A venue Saratoga, CA 95070 ( 408) 868-1231 O'Brien Code Consulting currently provides Third Party Plan Review Services to the following jurisdictions : CITY OF CAMPBELL Mr. Bill Bruckart, Building Official 70 North First Street Campbell, CA 95008 (408) 866-2130 PLACER COUNTY Mr. Tim Wegner, Chief Building Official 3091 County Center Drive Auburn , CA 95603 ( 530) 745-301 0 CITY OF MENLO PARK Mr. Ron Lafrance, Building Official 701 Laurel Street Menlo Park, CA 94025 (650) 330-6704 ~ O'Brien Code Consulting , Inc. Quality -Serv ice -Value 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, 2019 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 I 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 LP 2 A) -Pleasanton, CA Director of Plan Review • Joined LP 2A as a Plan Review Engineer and through numerous promoti ons became the Director of Plan Review in June 2006. (Continued on next page] ~ O'Brien Code Consulting, Inc. Quality -Service -Value Susan C. O'Brien, P.E., LEED 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 p lans, details, calculations for code compliance to fire and life safety, accessibility, energy compliance, mechanical, p lu mbing, 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 p lan reviews for all projects, including new large sing le family dwellings, new commercial buildings, and tenant improvements. • C IP Project Management included Energy Efficient Lighting Retrofit Project Manager; Town Sidewal k Replacement Program administrator; Town Police Department remodel design engineer and project manager; Town CNG Station project manager. (Continued o n n ext page) ~ O 'Bri en Code Consu lting, Inc. Qualit y -Service -Value 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 President, 2012-2013 Term • 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, Inc. Quality -Service -Value O'BRIEN CODE CONSULTING STANDARD RATE SCHEDULE-TOWN OF LOS GATOS Pe rso nne l Description Hourly Billing Ra te Principal $ 120.00 These rates are effective through June 30th , 2017. This fee is negotiable. Overtime will be charged at 1253 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+ 153 (Currently$ 0.54 * 1 .15 = $ 0.62 per mile} Outside Consultants Cost plus 153 ** 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 Co d e Co nsulting , In c . Q ualit y -Se rvice -V alue EXHIBIT B This Page Intentionally Left Blank