12-011 Consultant Services Agreement, O'Brien Code Consulting , Inc. \° f CONSULTANT SERVICES AGREEMENT
CPBETWEEN THE CITY AND O'BRIEN CODE CONSULTING, INC.
wyt.rvrm
CUPERTINO
THIS AGREEMENT, dated Feb. 1 12012_, is entered into by and between the City of
Cupertino, a municipal Corporation("City"), and O'Brien Code Consulting, Inc. ("Consultant").
RECITALS
A. The City desires to contract for the provision of professional services for Plan Review
Services.
B. Consultant's qualifications have been reviewed and accepted by the City. Consultant desires
to perform such professional services under agreement with the City.
NOW, THEREFORE, in consideration of the terms and conditions contained herein, the City and
Consultant agree as follows:
AGREEMENT
1. Services. Subject to the terms and conditions set forth in this Agreement("Agreement"),
Consultant shall provide the professional services as described in the attached Exhibit A
2. Payment.
(a) Payment for Professional Services. Payments shall be made upon receipt of invoices.
Invoices shall contain details regarding dates of work performed and shall be for amounts in
accord with those set forth in the attached Exhibit B
(b) Additional Services. Any additional services required beyond those set forth in this
Agreement shall be performed only if mutually agreed to in writing by the City and Consultant.
3. Responsible Personnel. The professional services described in this Agreement shall be
performed by or under the supervision of a registered civil or structural engineer or licensed architect.
Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the
event that the City, in its sole discretion, at any time during the term of this Agreement, desires the
removal of any person or persons assigned by Consultant to perform services pursuant to this
Agreement, Consultant shall remove any such person immediately upon receiving notice thereof from
the City.
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4. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all facilities
and equipment that may be required for furnishing services pursuant to the Agreement.
5. Subcontracting. Consultant shall not be permitted to subcontract any portion of this
Agreement without the express written consent of the City.
6. Independent Contractor. Both parties understand that Consultant, its agents, employees and
independent contractors are and shall at all times remain as to the City wholly independent contractors.
Neither the City nor any of its officers or employees shall have any control over the manner by which
the Consultant performs this Agreement and shall only dictate the results of the performance. Consultant
shall not represent that Consultant or its agents, employees or independent contractors are agents or
employees of the City. Except as the City may specify in writing, Consultant shall have no authority,
express or implied, to act on behalf of the City in any Capacity whatsoever as an agent. Consultant shall
have no authority, express or implied, pursuant to this Agreement, to bind the City to any obligation
whatsoever.
7. Accounting Records. The Consultant agrees to maintain all records and other evidence
pertaining to cost incurred and work performed hereunder, and shall make them available at the
Consultant's office during the Agreement period and thereafter for period of three years from the date of
receipt of final payment.
8. Ownership of Data. All data, maps, photographs, scanned documents, and other material
collected or prepared under the Agreement shall become the property of the City.
9. Termination. City may terminate this Agreement at any time for any reason upon fourteen
(14) days written notice to the Consultant. Upon receipt of such notice and if requested to do so by the
City, Consultant shall stop work at the stage directed by City and shall deliver all transmitted documents
to the City. Consultant shall accept as full payment for services rendered to the date of termination a pro
rata share of the total Agreement payment based on the portion of work actually performed.
10. Amendment. It is mutually understood and agreed that no alteration or variation of the terms
of this Agreement, or any subcontract requiring the approval of the City shall be valid unless made in
writing, signed by the parties hereto.
11. Non—Solicitation Clause. The Consultant warrants that he/she has not employed or retained
any company or persons, other that a bona fide employees working solely for the consultant, or paid any
fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or
resulting from the award or making of this Agreement. For breach or violation of this warranty, the City
Shall have the right to annul this Agreement without liability, or, in its discretion to deduct from the
Agreement price or consideration, or otherwise recover, the full amount of such fee, commission,
percentage, brokerage free, gift, or contingent fee.
12. Indemnification. Consultant shall indemnify, defend, and hold harmless the City and its
officers, officials, agents, employees and volunteers against any and all liability, claims, actions, causes
Page 2 of 8
of action or demands whatsoever against any of them, including an injury death of any persons or
damage to property or other liability of any nature, to the extent arising out of or in any way connected
with the negligent performance of this Agreement.
13. Insurance. Consultant shall procure and maintain at its sole cost for the duration of this
Agreement the following insurance:
(a) Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage ("occurrence"
form CG 0001).
(2) Insurance Services Office form number CA 0001 covering Automobile Liability,
code 1 (any auto).
(3) Workers' Compensation insurance as required by the Labor Code of the State of
California and Employers Liability insurance
(4) Errors and Omissions liability insurance appropriate to Consultant's profession.
(b) Minimum Limits of Insurance. Consultant shall maintain policy limits of no less than:
(1) General Liability: $1,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit shall
apply separately to this project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage.
(3) Worker's Compensation and Employers Liability: Worker's Compensation limits
as required by the Labor Code and Employers Liability limits of$1,000,000 per accident.
(4) Errors and Omissions Liability: $1,000,000 per claim and annual aggregate
(c) Deductibles and Self-Insured Retention. Any deductibles or self insured retention must
be declared to and approved by the City. At the option of the City, either: the insurer shall reduce
or eliminate such deductibles or self-insured retention as respects the City, its officer, officials,
employees and volunteers; or Consultant shall procure a bond guaranteeing payment of losses and
related investigation, claim administration and defense expenses.
(d) Other Insurance Provisions. The policies shall contain, or be endorsed to contain, the
following provisions:
(1) General Liability and Automobile Liability Coverage.
a. The City, its officers, officials, employees, agents and volunteers are to be
covered as insured as respects: liability arising out of activities performed by or on
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behalf of Consultant; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or automobiles hired or borrowed by
Consultant. The coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers, officials, employees, agents or volunteers.
b. Consultant's insurance coverage shall be primary insurance as respects the
City, its officers, officials, employees and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees, agents or
volunteers shall be excess of Consultant's insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its officers, officials, employees, agents or
volunteers.
d. Consultant's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
(2) Worker's Compensation and Employers Liability Coverage. The insurer shall
agree to waive all rights of subrogation against the City, its officer, officials, employees and
volunteers for losses arising from work perfDrmed by Consultant for the City.
(3) All Coverage. Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be canceled by either party except after thirty (3) days' prior
written notice by mail has been given to the city.
(e) Acceptability of Insurers. Insurance is to be placed with insurers with a Best's rating of
no less than A:VII
(f) Verification of Coverage. Consultant shall furnish the City with certificates of
insurance and with original endorsements effecting coverage required by thissection. The
certificates and endorsements for each insurance policy are to be signed by a person authorized by
that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and
approved by the City before work commences. The City reserves the right to require complete
certified copies of all required insurance policies, at any time.
14. Safety and Accidents. Consultant shall comply with all laws and industrial safety standards.
If a death, serious personal injury or substantial property damage occurs in connection with the
performance of this Agreement, Consultant shall immediately notify the City's Risk Manager by
telephone.
15. Ownership of Documents. All documents of any type developed or obtained by Consultant
in the performance of this Agreement shall be deemed-to be the property of the City
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16. Notice. Any notice to be given under this Agreement shall be given by enclosing the same in
a sealed envelope, first-class postage prepaid and depositing the same in the United States mail,
addressed to the party at the following address:
CITY: City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Attention: Atbe-r 4- Scao dor
CONSULTANT: O'Brien Code Consulting, Inc.
P.O. Box 112346
Campbell, CA 95011-2346
(408) 370-1585
17. Assignment. This Agreement contemplates the personal services of Consultant and its
employees and it is understood by both parties that a substantial inducement to City for entering into this
Agreement was, and is, the professional reputation and competence of Consultant. Consultant shall not
assign or otherwise transfer this Agreement or the rights or obligations hereunder without the prior
written consent of the City.
18. Qualifications. Consultant represents that it and its employees are fully qualified to perform
the services under this Agreement. Consultant represents and warrants to the City that Consultant has,
and at all times during the performance of this Agreement shall maintain all licenses, permits,
qualifications and approvals of any nature which are required for Consultant to practice Consultant's
profession.
19. Time of Performance. The time of performance of the services under this Agreement is
important to the City, and all time deadlines indentified in the Project Schedule shall be strictly
construed.
20. Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent practitioner of the
profession in which Consultant is engaged in the geographical area in which Consultant practices his
profession. All products which Consultant delivers to City pursuant to this Agreement shall be prepared
in a substantial, workmanlike manner, and conform to the standards of quality normally observed by a
person practicing in Consultant's profession. The City shall be the sole judge as to whether the product
of the Consultant is satisfactory.
21. Prohibited Interest. No officer or employee of the City shall have any direct financial interest
in this Agreement. This Agreement shall be voidable at the option of the City if this provision is
violated.
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22. Governing Law. California law shall govern this Agreement. Any action to enforce or
interpret this Agreement shall be brought in a court of competent jurisdiction in Santa Clara County,
California.
23. Entire Agreement. This Agreement is the entire Agreement between the parties and
supersedes all prior negotiations, representations, or agreements, whether written or oral. This
Agreement may be amended only by written agreement signed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 8 day
of Febrttai , 2012,,,
CONSI:SAt NT CITY OF C PERTINO
By: � B} : r
\M
Print: 0 , C 'C7rie") Print: Albert Salvador
Title: Title: Buildin. Official
Tax ID: 02(o — ' 7:2 5
APPROVALS EXPENDITURE DISTRIBUTION
DEPARTMENT �G SIGNATURE D2/1)ATE 2.-
Aarti Shrivastava Account Number:
CITY LERK SIGNATURE DATE 110-7502-7014
Page 6 cf 8
EXHIBIT A - Scope of Services
Ms. Susan O'Brien has previous experience working for jurisdictions as well as working for plan
review consulting firms. These services included on-site plan review, as well as review of larger
projects at the previous employers' offices. She understands and adapts to the requirements of the
jurisdiction,while providing the superior customer service expected by the jurisdiction. Since she
will solely provide the review services to the City of Cupertino,the plan reviews will be consistent
and comprehensive. She will work closely with City staff to ensure our review services exceed the
City's expectations. O'Brien Code Consulting offers the following services:
• PLAN REVIEW
o Provide consistent and comprehensive plan reviews of projects submitted to the City in
accordance with the State and Local adopted Codes.
o Incorporate all specific client preferences into each plan review.
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 City Building
Official via FAX, email, or U.S. mail.
o Upon plan review approval, provide approval letter, stamp all documents"Approved"
and return all documents to the City in accordance with their requirements.
o Transport all plans and documents via hand-carry, Fed-Ex, or UPS overnight courier.
• PLAN REVIEW TURNAROUND SCHEDULES
o Most project plan reviews will be completed within ten(10)working days of receipt of
the plans by O'Brien Code Consulting, This includes residential and commercial
projects.
o Reviews for resubmittal and revision projects will be completed within five(5)working
days of receipt of the plans by O'Brien Code Consulting.
o Reviews for unusually large and complex projects may require up to a fifteen(15)
working day turnaround.
o We understand 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.
EXHIBIT B — Fee & Standard Rate Schedule
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 City of Cupertino. The City
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
Codes for architectural, structural, mechanical, electrical, plumbing, accessibility and
energy requirements, as generally found in Title 24 Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and
12, as adopted and amended by the City of Cupertino.
• 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.
Smaller projects that take one or more reviews may also be billed at an hourly rate in accordance
with the Standard Rate Schedule when agreed upon with the City of Cupertino Building Official.
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 City of Cupertino
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.
Standard Rate Schedule
Personnel Description Hourly Billing Rate
Principal $ 100.00
Mileage Reimbursement (only for mileage incurred within the jurisdiction)
— Standard Government Mileage Rate + 15% (Currently $ 0.550 * 1.15 = $ 0.6325 per mile)
Outside Consultants - Cost plus 15%
These rates are effective through December 31, 2012.
Form W-9 Request for Taxpayer Give form to the
(Rev.October 2007) Identification Number and Certification requester. Do not
Department of the Treasury send to the IRS.
Internal Revenue Service
Name as shown on your income tax return
r%5 ac) C:
0' �l C�
m Business name,if different from apove
a c Check appropriate box: ❑ Individual/Sole proprietor Corporation ❑ Partnership
Exempt
4' 111 Limited liability company.Enter the tax classification(D=disregarded entity,C=corporation,P=partnership)► ❑ p a y ee
p
o 2 Oth er(see instructions) O.
Address(number,street,and apt.or suite no.) Requester's name and address(optional)
a q 7r cee_y7-S C6,cirri-
• City,state,and ZIP code
o. C'ar)1p16 cell, L`4 C� 'c;2 ,
List account number(s)here(optional)
in
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on Line 1 to avoid Social security number
backup withholding. For individuals,this is your social security number(SSN). However,for a resident
alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3. For other entities, it is
your employer identification number(EIN). If you do not have a number,see How to get a TIN on page 3. or
Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose Employer identification number
number to enter.
Part II Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me), and
2. I am not subject to backup withholding because: (a)I am exempt from backup withholding,or(b)I have not been notified by the Internal
Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has
notified me that I am no longer subject to backup withholding,and
3. I am a U.S.citizen or other U.S. person(defined below).
Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions,item 2 does not apply.
For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement
arrangement(IRA),and generally,pa ents other than interest and dividends,you are not required to sign the Certification, but you must
provide your correct TIN.See the in t ctions on page
Sign Signature of
Here U.S.person • � �' Date • /<- /c;2;/✓a
General Instructions Definition of a U.S. person. For federal tax purposes, you are
considered a U.S.person if you are:
Section references are to the Internal Revenue Code unless • An individual who is a U.S. citizen or U.S. resident alien,
otherwise noted.
• A partnership, corporation, company, or association created or
Purpose of Form organized in the United States or under the laws of the United
A person who is required to file an information return with the States,
IRS must obtain your correct taxpayer identification number(TIN) • An estate(other than a foreign estate),or
to report,for example, income paid to you, real estate • A domestic trust(as defined in Regulations section
transactions, mortgage interest you paid, acquisition or 301.7701-7).
abandonment of secured property,cancellation of debt, or Special rules for partnerships.Partnerships that conduct a
contributions you made to an IRA. trade or business in the United States are generally required to
Use Form W-9 only if you are a U.S. person(including a pay a withholding tax on any foreign partners' share of income
resident alien),to provide your correct TIN to the person from such business. Further, in certain cases where a Form W-9
requesting it(the requester)and, when applicable,to: has not been received,a partnership is required to presume that
1. Certify that the TIN you are giving is correct(or you are a partner is a foreign person,and pay the withholding tax.
waiting for a number to be issued), Therefore, if you are a U.S. person that is a partner in a
2. Certify that you are not subject to backup withholding, or partnership conducting a trade or business in the United States,
provide Form W-9 to the partnership to establish your U.S.
3. Claim exemption from backup withholding if you are a U.S. status and avoid withholding on your share of partnership
exempt payee. If applicable, you are also certifying that as a income.
U.S. person,your allocable share of any partnership income from The person who gives Form W-9 to the partnership for
a U.S.trade or business is not subject to the withholding tax on purposes of establishing its U.S. status and avoiding withholding
foreign partners' share of effectively connected income. on its allocable share of net income from the partnership
Note. If a requester gives you a form other than Form W-9 to conducting a trade or business in the United States is in the
request your TIN, you must use the requester's form if it is following cases:
substantially similar to this Form W-9. • The U.S. owner of a disregarded entity and not the entity,
Cat.No.10231X Form W-9 (Rev.10-2007)
O'Brien
Code
Consulting, Inc.
Statement of Qualifications
To Provide Plan Review Services
Prepared For:
Mr. Albert Salvador, P.E., C.B.O.
City of Cupertino
Building Division
10300 Torre Avenue
Cupertino, CA 95014-3255
March 12, 2010
Contact:
Susan C. O'Brien, P.E., LEED AP
Principal
I1
irLL
O'Brien Code Consulting, Inc. :4
P.O. Box 112346 '' ' 4
Campbell, CA 95011-2346
Phone: (408) 370-1585 ,*
obriencode @gmail.com '`` ,rji - = i E
TABLE OF CONTENTS
Company Philosophy 1
Services Overview 2
• Plan Review
• Plan Review Turnaround Schedules
• Miscellaneous Support Services
Qualifications and Project Experience 3 & 4
Contacts and References 5
EXHIBITS:
Exhibit A — Resume
Exhibit B — Fee Schedule
Exhibit C — Standard Rate Schedule
19 O'Brien Code Consulting, Inc. Quality - Service - Value
Company Philosophy Page I of 5
COMPANY PHILOSOPHY
O'Brien Code Consulting was founded in April 2009, by Susan C. O'Brien, P.E. With over
sixteen 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
to jurisdiction building departments during these difficult economic times, to offer high quality
plan review services at very competitive prices. Ms. O'Brien is the sole employee of the
company, and this is what allows us to provide consistent plan reviews, while keeping the cost
to the client at a minimum.
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 offices. Having worked in-house at several jurisdictions, she understands that each
jurisdiction is unique. Her focus on the client's individual needs allows her to effectively
communicate the specific jurisdictional requirements to each applicant.
Our philosophy applied to enforcing the Codes does not only include providing correction lists
with specific Code sections, but understanding and clearly communicating the intent of the
Code. Working with the Building Official and jurisdictional staff, we function as an extension
of the staff and an accessible resource to the client. 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.
We understand the competitive market for services in the industry today. Through continuing
education and attending chapter and committee meetings, we ensure that our clients are
connected to the latest industry information. Since we are a small company, we are able to
provide consistent, prompt, professional service while developing close working relationships
with our clients. We value our clients as individuals and their complete satisfaction is our top
priority.
O'Brien Code Consulting, Inc. Quality — Service - Value
Services Overview Page 2 of 5
SERVICES OVERVIEW
Ms. Susan O'Brien has previous experience working for jurisdictions as well as working for plan
review consulting firms. These services included on-site plan review,as well as review of larger
projects at the previous employers' offices. She understands and adapts to the requirements of the
jurisdiction,while providing the superior customer service expected by the jurisdiction. Since she will
solely provide the review services to the City of Cupertino,the plan reviews will be consistent and
comprehensive. She will work closely with City staff to ensure our review services exceed the City's
expectations. O'Brien Code Consulting offers the following services:
• PLAN REVIEW
o Provide consistent and comprehensive plan reviews of projects submitted to the City in
accordance with the State and Local adopted Codes.
o Incorporate all specific client preferences into each plan review.
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 City Building Official
via FAX, email, or U.S. mail.
o Upon plan review approval, provide approval letter, stamp all documents"Approved"and
return all documents to the City in accordance with their requirements.
o Transport all plans and documents via Fed-Ex or UPS overnight courier.
• PLAN REVIEW TURNAROUND SCHEDULES
o Most project plan reviews will be completed within ten (10)working days of receipt of the
plans by O'Brien Code Consulting. This includes residential and commercial projects.
o Reviews for resubmittal and revision projects will be completed within five(5)working
days of receipt of the plans by O'Brien Code Consulting.
o Reviews for unusually large and complex projects may require up to a fifteen(15)working
day turnaround.
o We understand 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.
O'Brien Code Consulting, Inc. Quality - Service - Value
Qualifications and Project Experience Page 3 of
QUALIFICATIONS AND PROJECT EXPERIENCE
• QUALIFICATIONS
Although O'Brien Code Consulting is a new company, we have over 16 years of
experience providing plan review services to various jurisdictions throughout
California, Arizona, Nevada and Utah. Ms. Susan O'Brien will be providing all plan
review services. We do not intend to hire any employees, or use sub-consultants.
However, should the workload dictate ot4erwise, we are confident in our ability to
recruit highly qualified personnel. Please see Exhibit A for Ms. O'Brien's resume.
• 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.
Ms. O'Brien served as the lead plan review engineer on all of the following projects,
while employed by other agencies:
Netflix Office Buildings &
Subterranean Parking Garage
.,< Los Gatos, California
Reviewed under the 2001 California
'' Codes, this project consisted of two 3-
P , � story Group B office buildings
` connected by an elevated pedestrian
walkway, with three levels of
Fsubterranean Group S-3 parking
garage. Type I-FR and Type III One-
Hour Construction.
O'Brien Code Consulting, Inc. Quality — Service - Value
Qualifications and Project Experience (continued) Page 4 of 5
• PROJECT EXPERIENCE (continued)
VMWare Campus —
Buildings A, B, C, and D
Palo Alto, California
" Reviewed under the 2001 California
' -- -- - . Codes, this project consisted of four 2-
„ ,_ - story Group B office buildings
connected by elevated pedestrian
" walkways. Type II Non-rated
r ^ Construction.
VMWare Campus —
Building F
Palo Alto, California
.,
Reviewed under the 2007 California
Codes, this project consisted of 2-
IT
story Group A-3 fitness building,
including a gymnasium. Type II- B
Construction.
Courtyard Marriott Hotel
Campbell, California
Reviewed under the 2007 California
Codes, this project consisted of a 7-
story hotel with restaurant and
1# , conference facilities. Type I- B
Construction. This project was
completed in late February 2010.
laO'Brien Code Consulting, Inc. Quality - Service - Value
Contacts and References Page 5 of 5
CONTACTS AND REFERENCES
O'Brien Code Consulting is a new company that was incorporated on April 22, 2009. We
have current contracts with the following jurisdictions:
TOWN OF LOS GATOS
Mr. Mike Machado, CBO, Interim Building Official
110 East Main Street
Los Gatos, CA 95032
(408) 354-6815
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
Mr. Bill Bruckart, Building Official
70 North First Street
Campbell - CA 95008
(408) 866-2130
CITY OF PALO ALTO
Mr. Mac Saberi, Assistant Building Official
285 Hamilton Avenue
Palo Alto, CA 94301
(650) 329-2368
EL DORADO COUNTY
Mr. Larry Lohman, CBO, Building Official
2850 Fairlane Court, Building "C"
Placerville, CA 95667
(530) 621-5315
19 O'Brien Code Consulting, Inc. Quality - Service - Value
Exhibit A - Resume
Susan C. O'Brien, P.E., ]LEED AP
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
• 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
• Joined LP2A as a Plan Review Engineer and through numerous promotions became the Director of
Plan Review in June 2006.
• 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.
19 O'Brien Code Consulting, Inc. Quality - Service - Value
Exhibit A — Resume (continued)
Susan C. O'Brien, P.E., BLEED AP
Principal
WORK EXPERIENCE (continued):
January 1999 to April 2007 - Bureau Veritas (formerly LP2A) - Pleasanton, CA
Director of Plan Review
• 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 200'7
• 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.
• 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
• ICC Peninsula Chapter Treasurer, 2009-2010 Term
• ICC Peninsula Chapter Secretary,2010-2011 Term
O'Brien Code Consulting, Inc. Quality - Service - Value
Exhibit B — Fee Schedule
FAAP
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 City of Cupertino. The City
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
Codes for architectural, structural, mechanical, electrical,plumbing, accessibility and
energy requirements, as generally found in Title 24 Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 12,
as adopted and amended by the City of Cupertino.
• 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 (Exhibit C).
Smaller projects that take one or more reviews may also be billed at an hourly rate in accordance
with the Standard Rate Schedule (see Exhibit C) when agreed upon with the City of Cupertino
Building Official.
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 (Exhibit C).
Billing Procedures:
At the beginning of each month, O'Brien Code Consulting will furnish to the City of Cupertino 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
Exhibit C — Standard Rate Schedule
O'Brien Code Consulting Hourly Rate Schedule
City of Cupertino
Personnel Description Hourly Billing Rate
Principal $ 100.00
Mileage Reimbursement (only for mileage incurred within the jurisdiction)
— Standard Government Mileage Rate + 15% (Currently $ 0.550 * 1.15 = $ 0.6325
per mile)
Outside Consultants - Cost plus 15%
These rates are effective through December 31, 2010.
19 O'Brien Code Consulting, Inc. Quality - Service - Value