CC Resolution 12919 - Authorizing the City Manager to approve and execute an amendment to the consultant services agreement with O'Brien Consulting ServicesRESOLUTION NO. 12919
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AUTHORIZING THE CITY MANAGER AMEND THE PROFESSIONAL SERVICES
AGREEMENT WITH O'BRIEN CONSULTING SERVICES, AND DISPENSE WITH
THE BIDDING REQUIREMENTS AS SPECIFIED BY THE CAMPBELL MUNICIPAL
CODE SECTION 3.20.030(8)
WHEREAS, the City of Campbell entered into a Contract Services Agreements with
O'Brien Code Consulting, Inc on January 25, 2022, with a term end date of January 25,
2023-,and
WHEREAS, the City of Campbell desires the specialized expertise in Structural
Engineering and Certified Access Specialist (CASp) review which is currently available
and offered by O'Brien Code Consulting Services, Inc.; and
WHEREAS, O'Brien Code Consulting Services, Inc has an expertise in a specialized
field and certifications not currently acquired by internal Building Inspection Division
staff; and
WHEREAS, the City circulated an RFQ from October 14, 2022 to November 4, 2022 for
the Building Plan Check Services and receive eight (8) proposals; and
WHEREAS, the selection process for Building Plan Check services will not be executed
until February 2023 with the approval of City Council; and
WHEREAS, the current contract with O'Brien Code Consulting Services is near it's end
and there is a pipeline of in -progress projects awaiting Structural Engineering and CASp
review; and
WHEREAS, CMC Section 3.20.030(8) provides that the bidding procedures may be
dispensed with when the City Council determines it is in the best interest of the City.
THEREFORE, BE IT RESOLVED that the City Council hereby dispenses with the
bidding procedures, as set forth in CMC Section 3.20.050, and authorizes the City
Manager to negotiate, award, and execute a contract amendment with O'Brien Code
Consulting Services, Inc for Structural Engineering and CASp review with the Building
Inspections Division; and
BE IT FURTHER RESOLVED that the City Council authorizes a contract amendment
not to exceed $70,000 with a contract term end date of no later than July 25, 2023.
PASSED AND ADOPTED this 6th day of December 2022, by the following roll call vote:
AYES: COUNCILMEMBERS: Gibbons, Lopez, Landry, Bybee, Resnikoff
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
• " ' O]Il"
ATTEST:
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Andrea Sanders, City Clerk
Paul Resnikoff, Mayor
AMENDMENT TO CONTRACT SERVICES AGREEMENT
AMENDMENT #1
CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CA 95008
(408) 866-2140
This Amendment to Contract Services Agreement (hereinafter "Amendment") amends the Consultant
Services Agreement (hereinafter "Agreement") to establish Building Plan Check Services for the City of
Campbell originally entered into on the 25"' day of January 2022, by and between the City of Campbell (a
Municipal Corporation, hereinafter referred to as "City") and O'Brien Code Consulting, Inc. (a California
Corporation, hereinafter referred to as "Consultant").
As provided for under the terms of this Amendment, the City and Consultant agree to amend the following
provisions of the Agreement as follows:
• Compensation. The compensation under Section 3.5 has a maximum contract obligation amount of
$50,000 with a listed contract term of one year. Included as Exhibit 1 is the Consultant Services
Agreement, the maximum contract obligation amount shall be repealed and replaced with a $70,000
max contract obligation and an amended contract term of 18 months from the date entered into
contract as noted in this Amendment.
• Project Scope. The scope of services as set forth in "Exhibit A — Scope of Services" of the
Agreement, shall be amended as set forth in "Exhibit 2 — Scope Amendment" of this Amendment.
All other terms and conditions as set forth in the Agreement shall remain in effect.
Signature Warranty:
The undersigned are authorized to represent and enter into this Amendment on behalf of the Consultant.
This Amendment to the Consultant Services Agreement shall become effective upon its execution by the
City, in witness whereof, the parties have executed this Amendment the day and year first written above.
CONTRACTOR
am
Name: Susan O'Brien
Title: Principal
Date:
Attachments:
Exhibit 1— OCC —Contract Service Agreement
Exhibit 2 — Scope Amendment
CITY OF CAMPBELL
Name: Brian Loventhal
Title: City Manager
Date:
Exhibit I — OCC - Contract Service Agreement
CITY OF CAMPBELL
CONSULTANT SERVICES AGREEMENT
This Agreement is entered into at Campbell, California on the January 25 day of 2022, by and between
the CITY OF CAMPBELL (hereinafter referred to as "City") and O'BRIEN CODE CONSULTING INC.
(hereinafter referred to as "Consultant") (each is referred to individually as a "Party" and collectively, as
the "Parties").
WHEREAS, City desires to obtain consulting services for the purpose of construction plan
review to determine code compliance against City adopted California Building Codes either in -part or in -
entirety;
WHEREAS, Consultant represents that it has the expertise, means, and ability to perform said
such services and has currency with all applicable certifications, licenses, bonding, and insurance;
NOW, THEREFORE, in consideration of each other's mutual promises, Consultant and City
agree as follows:
l . DUTIES OF CONSULTANT
1.1 Consultant agrees to perform services as set forth in Exhibit A - Scope of Services,
attached hereto and incorporated herein by reference, and which shall be interpreted together and
in harmony with this Agreement. In the event of any conflict between Exhibit A and this
Agreement, this Agreement shall govern, control, and take precedence.
1.2 Consultant's project manager will meet with the City's project coordinator prior to
commencement of the project to establish a clear understanding of the working relationships,
authorities, trade standards, and management philosophy of City as it relates to this Agreement.
1.3 1 .3 Consultant, working with the City, will gather available existing information
concerning the project, and shall review documents as necessary for compliance with the project's
objectives.
1.4 In performance of this Agreement by Consultant, time will be of the essence.
Completion deadlines will be so agreed and arranged in advance and in writing. Plan examination
and estimated cost to provide shall include an expected normal first round examination time limit
targeted at 10 working days, with follow up second reviews targeted at 5 working days from
the date of document receival. A third round of plan check and any additional rounds or specifics
or related shop drawing and/or revision review shall be billed on a Time and Materials base, at
the agreed upon hourly rate set forth in Section 3, below. If a specific project is deemed by
Consultant to be beyond normal where these performance limits cannot reasonably be met,
Consultant must obtain City's prior acceptance of the deviation or time extensions in writing.
1.5 Except as expressly stated in Section 1.4, Consultant shall not be responsible for
delay caused by activities or factors beyond Consultant's reasonable control, including delays in
document submittals, product specification, or by reason of strikes, work slow -downs or
stoppages, or acts of God. Each party hereto shall give notice promptly to the other of the nature
and extent of any Force Majeure claimed to delay, hinder or prevent performance of the services
under this Agreement. Each Party will, however, make all reasonable efforts to remove or
eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently
pursue performance of its obligations in this Agreement. In the event either party is prevented or
delayed in the performance of its respective obligation by reason of such Force Majeure, there
may be an equitable adjustment of the schedule and Consultant compensation based on City's sole
discretion.
1.6 Consultant agrees to perform this Agreement in accordance with the highest degree
of skill and expertise exercised by members of Consultant's profession working on similar projects
under similar circumstances.
1.7 Consultant shall perform in good faith with City in all aspects of the performance
of this Agreement.
1.8 In the course of the performance of this Agreement, Consultant shall act in the
City's best interest as it relates to the project.
1.9 In the event, major discrepancies, omissions, or misrepresentations, are discovered
during the activity of this Agreement, Consultant shall stop forward progress and notify the City's
project coordinator in a timely way. When resolved, forward progress shall commence.
1.10 1.10 All activities of Consultant, its employees, subcontractors, and/or agents will
be carried out in compliance with all applicable federal, state, and local laws and regulations.
1.11 1.1 1 The designated project manager for Consultant shall be Susan O'Brien.
Consultant's project manager shall have all the necessary authority to direct technical and
professional work within the scope of the Agreement and shall serve as the principal point of
contact with the City and the City's project coordinator. The authorized principal of Consultant
executing this Agreement for the Consultant shall have authority to make decisions regarding
changes in services, termination and other matters related to the performance of this agreement
on behalf of Consultant.
1.12 The Consultant (and its employees, agents, representatives, and subconsultants),
in the performance of this Agreement, shall act in an independent capacity and not as officers or
employees or agents of the City. The City shall not direct the work and means for accomplishment
of the services and work to be performed hereunder. The City, however, retains the right to require
that work performed by Consultant meet specific standards consistent with the requirements of
this Agreement without regard to the manner and means of accomplishment thereof.
Subcontractors shall assume all rights, obligations, and liabilities, applicable to it as an
independent contractor hereunder. Consultant represents and warrants that it (i) is fully
experienced and properly qualified to perform the class of work and services provided for herein,
(ii) has the financial capability and shall finance its own operations required for the performance
of the work and services and (iii) is properly equipped and organized to perform the work and
services in a competent, timely and proper manner in accordance with the requirements of this
Agreement. Consultant agrees to comply with ABS, codified at Labor Code section 2750.3, and
shall indemnify, defend and hold harmless the City, its officers, officials, directors, agents
representatives, volunteers, and employees against any claim or liability, including attorneys' fees
and costs, arising in any manner related to this Agreement that an employee, agent or others under
Consultant's supervision or control was misclassified.
1.13 This Agreement contains provisions that permit mutually acceptable changes in
the scope, character or complexity of the work if such changes become desirable or necessary as
the work progresses. Adjustments to the basis of payment and to the time for performance of the
work, if any, shall be established by a written contract amendment (approved and executed by the
City) to accommodate the changes in work.
1.14 Consultant warrants that Consultant, its subcontractors, and/or agents (if any)
has/have complied with any and all federal, state, and local licensing requirements and agrees to
provide proof of such requirements at City's request.
2. DUTIES OF CITY
2.1 City shall furnish to Consultant all available and pertinent data and information
requested by Consultant to facilitate the preparation of the documents called for in this Agreement.
Consultant shall be entitled to reasonably rely on the accuracy and completeness of such
information, provided that Consultant shall make any additional investigation reasonably
necessary to confirm such information and provide City prompt written notice of any known or
discovered defects in such data and information.
2.2 City shall provide contract administration services. City shall notifr Consultant of
required administrative procedures and shall name representatives, if any, authorized to act in its
behalf.
2.3 City shall review documents submitted by Consultant and shall render decisions
pertaining thereto as promptly as reasonably possible.
3. 3. COMPENSATION
3.1 For the full performance of the services described herein by Consultant, City agrees to
compensate Consultant for all services and direct costs associated with the performance of the Project in
an amount not to exceed the pre -bid amount or an adjustable pre -accepted Time and Materials amount,
as identified in Exhibit A, and as follows:
a. Once each month, Consultant shall submit for payment by City, an itemized invoice for
services performed during the previous billing period. The invoice shall describe the services rendered and
the title of the item of work and shall list labor hours by personnel classification. Said invoice shall be
based on all labor and direct expense charges made for work performed on the Project. Labor charges shall
be in accordance with the fee schedule found in Exhibit A of this Agreement. City shall pay Consultant
for services rendered and approved by the City within 30 days from the date the itemized invoice is
received by the City, subject to the maximum not to exceed amount specified above and the City's right to
object.
b. Direct costs are those outside costs incurred on or directly for the project and substantiated
with invoices for the charges. Direct expenses include printing, reproduction, and delivery charges.
3.2 If Consultant incurs other costs which are not specifically covered by the terms of this
Agreement, but which are necessary for performance of Consultant's duties, City may approve payment
for said costs if authorized in writing by the City in advance.
3.3 City may order changes in the scope or character of services in writing, including
increasing or decreasing the amount of Consultant's services. In the event that the work is decreased,
Consultant is entitled to full compensation for all services performed and expenses incurred prior to receipt
of notice of change. Under no conditions shall Consultant make any changes to the work, either as additions
or deductions, without the prior written order of the City. In the event that the City determines that a change
to the work or services from that specified in this Agreement is required, the contract time and/or actual
costs reimbursable by the City for the project may be adjusted by contract amendment or change order to
accommodate the changed work. The maximum not to exceed total amount specified in this Article 3
(Compensation) shall not be exceeded, unless authorized by written contract amendment or change order,
approved and executed by the City. Consultant shall obtain prior written approval for a revised fee schedule
from the City before exceeding such fee schedule. Only City's authorized representative(s) is authorized to
approve changes to this Agreement on behalf of City.
3.4 In no event will the Consultant be reimbursed for any costs or expenses at any rates that
exceed the rates for set forth in the fee schedule found in Exhibit A.
3.5 Consultant agrees that the payments to Consultant specified in this Article 3
(Compensation) will constitute full and complete compensation for all obligations assumed by Consultant
under this Agreement. The maximum obligation for this contract is set at $50,000. The term of the contract
is one year and is to be renewed at the start of each new year. Where conflicts regarding compensation may
occur, the provisions of this section apply,
4. SUBCONSULTANTS
4.1 Consultant may not subcontract any services required under this Agreement without the
prior written consent of the City.
4.2 Consultant shall be responsible to City for the performance of any and all subconsultants
who perform work under this contract, and any acts of negligence or misconduct on their part. Consultant
is solely responsible for all payments due to subconsultants.
4.3 Consultant shall require and verify that all subcontractors maintain insurance meeting all
of the requirements stated herein, including naming the City of Campbell, its officers, officials, directors,
agents, representatives, volunteers, and employees as additional insureds. Any modification to the
insurance requirements for subcontractors must be agreed to by the City in writing.
4.4 If at any time, the City determines any subcontractor is incompetent or unqualified.
Consultant will be notified and will be expected to immediately cancel the subcontract.
OWNERSHIP OF DOCUMENTS AND MATERIALS
All original drawings, documents, papers, data, materials, photographs, negatives and other work
products prepared by the Consultant and/or its subconsultants in the performance of the services
encompassed in this Agreement (whether in printed or electronic format) ("project -related documents
and materials) shall be the property of the City and may be used on this project without the consent of
the Consultant or its subcontractors. City acknowledges that such drawings, documents, and other items
are instruments of professional services intended for use only on the subject project. Consultant agrees
that all copyrights which arise from creation of the project -related documents and materials pursuant to
this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other
intellectual property rights in favor of the City. Any project -related documents and materials related to
this Agreement shall be confidential, not to be used by the Consultant on other projects or disclosed to
any third party, except by agreement in writing by the City, or except as otherwise provided herein.
Upon the completion or termination of this Agreement for any reason, the City shall be entitled to
receive, and Consultant shall promptly provide to the City upon request, all finished and unfinished
project -related documents and materials, produced or gathered by or on behalf of Consultant, that are in
Consultant's possession, custody or control. Consultant may retain copies of said documents and
materials for its files. In the event of termination, any dispute regarding compensation or damages shall
not hinder, prevent, or otherwise impact the City's right to promptly receive and use such documents and
materials which are the sole and exclusive property of the City.
Certain information received by Consultant from City may be considered confidential ("Confidential
Information"). Confidential Information shall mean all non-public information or proprietary materials (in
every form and media) disclosed or made available directly or indirectly through any means of
communication, either verbally or in writing, to Consultant in connection with this Agreement. Unless
otherwise required by law, Consultant shall not, without City's written permission, use or disclose City
documentation and/or Confidential Information other than in the performance of the obligations under
this Agreement. As between Consultant and City, all City Confidential Information shall remain the
property of the City. Consultant shall not acquire ownership interest in the City's Confidential
Information.
Consultant shall be responsible for ensuring and maintaining the security and confidentiality of City's
Confidential Information, protect against any anticipated threats or hazards to the security or integrity of
City Data and Confidential Information, protect against unauthorized access to or use of City Data and
Confidential Information that could result in substantial harm or inconvenience to City or any end users;
and ensure the proper return and/or disposal of City Data and Confidential Information upon termination
of this Agreement with notice to the City.
Consultant shall take appropriate action to address any incident of unauthorized access to City's
Confidential Information, including addressing and/or remedying the issue that resulted in such
unauthorized access, notifying City as soon as possible of any incident of unauthorized access to City
Data and Confidential Information, or any other breach in Consultant's security that materially affects
City or end users; and be responsible for ensuring compliance by its officers, employees, agents, and
subcontractors with the confidentiality provisions hereof. Should confidential and/or legally protected
City Data be divulged to unauthorized third parties, Consultant shall comply with all applicable federal
and state laws and regulations, including but not limited to California Civil Code sections 1798.29 and
1798.82 at Consultant's sole expense. Consultant shall not charge City for any expenses associated with
Consultant's compliance with these obligations.
Consultant shall defend, indemnify and hold harmless City, its officials, officers, employees and agents
against any claim, liability, loss, injury or damage (including attorneys' fee and costs) arising out of, or in
connection with, the unauthorized use, access, and/or disclosure of City's Confidential Information by
Consultant and/or its agents, employees or sub -contractors, excepting only loss, injury or damage caused
by the sole negligence or willful misconduct of the City. This provision shall survive the termination or
expiration of this Agreement.
6. TERMINATION
6.1 Notwithstanding any other provision of this Agreement, the City_may terminate this
Agreement at any time, with or without cause, in its sole discretion, by giving notice in writing to
Consultant of such termination. In the event of such termination, Consultant shall have the right and
obligation to immediately assemble the work then in progress for the purpose of completing the work
and turning over all materials and documents to City.
6.2 In the event of such termination, Consultant shall be compensated for all work and services
performed to the point of termination in accordance with the payment provisions set forth in Section
3.1, unless the termination is for cause, in which event Consultant need be compensated only to the
extent required by law.
6.3 Upon notice of termination by City, the Consultant will immediately act to not incur any
additional obligations, costs or expenses, except as may be reasonably necessary to terminate its
activities. All finished or unfinished work or documents procured or produced under the Agreement will
become property of the City upon the termination date. In the event of Consultant's failure to perform
pursuant to the Agreement, the City reserves the right to obtain services elsewhere and Consultant will
be liable for the difference between the prices set forth in the terminated Agreement and the actual cost
to the City. Termination of the Agreement pursuant to this paragraph shall not relieve the Consultant of
any liability to City for additional costs, expenses, or damages sustained by City due to failure of the
Consultant to perform pursuant to the Agreement. City may withhold any payments to Consultant for the
purpose of set off until such time as the exact amount of damages due City from Consultant is
determined. After the effective date of termination, Consultant will have no further claims against the
City under the Agreement. No other compensation will be payable for anticipated profit on unperformed
services.
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Consultant shall permit authorized representatives of City to inspect and audit all data and records
relating to its performance under this Agreement for a period of three years following acceptance of the
final study.
8. EQUAL EMPLOYMENT OPPORTUNITY
Consultant agrees to refrain from discriminatory employment practices on the basis of race,
religious creed, color, sex, national origin, handicap, sexual orientation, marital status, medical
condition, disability, ancestry, organized affiliation, military or veteran status, or any other consideration
made unlawful by local, state or federal law, of any employee of or applicant for employment with, such
Consultant or subcontractor. City requires Consultant to comply with all applicable federal, state, and
local equal employment opportunity laws and regulations.
9. INSURANCE AND INDEMNIFICATION
9.1 With respect to any design professional services provided by Consultant, the Consultant agrees
to indemnify, and hold harmless the City, its officers, and employees to the fullest extent allowed by law
from any and all claims, actions, causes of action, damages, liabilities and losses, that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, except for
any claims, actions, causes of action, losses, damages or liabilities proximately caused by the sole
negligence or willful misconduct of City. City shall not be liable for acts of Consultant in performing
services described herein. Notwithstanding anything in this paragraph to the contrary, any defense costs
charged to the design professional under this paragraph shall not exceed the design professional's
proportionate percentage of fault, except:
a. That in the event one or more defendants is unable to pay its share of defense costs due to
bankruptcy or dissolution of the business, the design professional shall meet and confer with the other
parties regarding unpaid defense costs in good faith effort to agree on the allocation of those costs amongst
the parties; and
b. Where a project -specific general liability policy insures all project participants for general liability
exposures on a primary basis and also covers all design professionals for their legal liability arising out of
their professional services on a primary basis, then there shall be no limitation on the design professional's
duty to provide a defense and cover the City's cost of defense.
With respect to all matters other than those covered by the foregoing paragraph, Consultant agrees to
indemnify, defend (with counsel reasonably satisfactory to the City) and hold harmless the City, its
officers, officials, directors, agents, representatives, volunteers, and employees to the fullest extent
allowed by law from and against any and all claims, actions, causes of action, losses, damages, liabilities
and costs of every nature, including attorneys' fees and costs (collectively "Losses"), including but not
limited to all claims, actions, causes of action, losses, damages, liabilities for property damage, bodily
injury, or death, and all costs of defending any claim, caused by or arising out of, or alleged to have been
caused by or arise out of, in whole or in part, Consultant's performance under this Agreement, except for
any claims, actions, causes of action, losses, damages, costs or liabilities proximately caused by the sole
negligence or willful misconduct of City. City shall not be liable for acts of Consultant in performing
services described herein.
In no event shall this section be construed to require indemnification by the Consultant to a greater
extent than permitted under the public policy of the State of California; and in the event that this
contract is subject to California Civil Code section 2782(b), the foregoing indemnity provisions shall
not apply to any liability for the active negligence of the City.
The defense and indemnity provisions obligations of this Agreement are undertaken in addition to, and
shall not in any way be limited by the insurance obligations contained in this Agreement. The foregoing
indemnity provisions are intended to fully allocate the parties' risk of liability to third -parties; and there
shall be no rights to indemnity or contribution, in law or equity or otherwise between the parties that are
not set forth in this section. Consultant waives all rights to subrogation for any matters covered by the
provisions of this section. Consultant's responsibility for such defense and indemnity obligations as set
forth in this section shall survive the termination or completion of this Agreement for the full period of
time allowed by law.
9.2 Consultant shall maintain insurance conforming to the following specifications to the fullest amount
allowed by law for a minimum of 3 years following the termination or completion of this Agreement.
The City will be issued a Certificate of Insurance (a Memorandum of Understanding will not be
accepted) with the following minimum requirements:
• Certificate(s) will show current policy number(s) and effective dates;
• Coverage and policy limits will meet, or exceed, requirements below;
• The Certificate Holder will be City of Campbell, Risk Manager, 70 North First Street, Campbell,
CA 95008;
• Certificate will be signed by an authorized representative;
An endorsement, if required below, will be provided to show the City, its officers, officials,
employees, and volunteers as additional insureds; and
Coverages must be maintained during the term of the Agreement with the City, unless a longer
duration is required.
A. Required Types of Coverage. Consultant acknowledges that the insurance coverage and policy
limits set forth in this section constitute the minimum amount of coverage required. If Consultant
maintains broader insurance coverage and/or higher limits than the minimums shown below, the City
requires and shall be entitled to the broader insurance coverage and/or higher limits maintained by
Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance
and coverage shall be available to the City.
The policies shall afford the following types of coverage:
1. Commercial General Liability; Ins Services Office (ISO) CGL Form 00 01 1 1 85
3. Workers' Compensation and Employer Liability
4. Professional Liability and/or Errors and Omissions
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
l . General Liability: $1,000,000 combined single limit per occurrence for bodily, 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. Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by
the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident. The
Workers' Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all
work performed by the Consultant and its employees. (Not required if Consultant provides written
verification it has no employees).
3. Professional Liability and/or Errors and Omissions: $1,000,000 per claim and $2,000,000 in the
annual aggregate.
The limits of insurance required in this Agreement may be satisfied by a combination of primary and
umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a
provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of
City (as agreed to in this Agreement) before the City's own insurance or self insurance shall be called
upon to protect it as a named insured.
C. Deductible and Self -Insured Retention
Any deductibles or self -insured retention must be declared to and approved by the City,
and shall not reduce the lim its of liability. At the option of the City, either: the insurer shall
reduce or eliminate such deductibles or self -insured retention as respects the City, its
agents, officers, attorneys, employees, officials and volunteers; or the Consultant shall procure a
bond guaranteeing payment of losses related to investigations, claim administration, and defense
expenses. Policies containing any self -insured retention provision shall provide or be endorsed
to provide that the self -insured retention may be satisfied by either the named insured or the
City.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
General Liability and Automobile Liability Coverage:
a. The City, its agents, officers, attorneys, employees, officials and volunteers are to be
covered as additional insureds as respects: liability arising out of this Agreement
performed by or on behalf of the Consultant, products and completed operations of the
Consultant, premises owned, occupied or used by the Consultant, or automobiles owned,
leased, hired or borrowed by the Consultant. It is a requirement of this Agreement that
any available insurance proceeds broader than or in excess of the specified minimum
insurance coverage requirements and/or limits set forth in this Agreement shall be
available to the City as an additional insured. Furthermore, the requirements for coverage
and limits shall be (1) the minimum coverage limits specified in this Agreement, or (2)
the broader coverage and maximum limits of coverage of any insurance policy or
proceeds available to the named insured, whichever is affords greater coverage.
b. The Consultant's insurance coverage shall be primary insurance as respects the City, its
agents, officers, attorneys, employees, officials and volunteers. Any insurance or self-
insurance maintained by the City, its agents, officers, attorneys, employees, officials and
volunteers shall be excess of the 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 agents, officers, attorneys, employees, officials, and volunteers.
d. The Consultant's insurance shall apply separately to each insured against whom claim is
made or suit is brought with respect to the limits of the insurer's liability.
2. Workers' Compensation and Employer's Liability Coverage: The insurer shall agree to
waive all rights of subrogation against the City, its agents, officers, attorneys, employees,
officials, and volunteers for losses arising from work performed by the Consultant for the
City.
3. All Coverages: Any unintentional failure to comply with reporting provisions of the
policies shall not affect coverage provided to the City; and unless otherwise approved by
the City, each insurance policy required by this clause shall be endorsed to state that
coverage shall not be canceled by either party, except after thirty (30) days prior written
notice by regular mail has been given to the City, or ten (10) days for cancellation for
non-payment of premium.
E. Suspension or Cancellation or Renewal
If any of the coverages required by this Agreement should be suspended, voided, cancelled or
reduced in coverage during the term of this Agreement, Consultant shall immediately notify City and
replace such coverage with another policy meeting the requirements of this Agreement. This contract
shall be capped at the sum of $50,000 but may be renewed upon joint agreement as evidenced by
renewed signature and date.
F. Subcontractors
Consultant agrees that any and all contracts with subcontractors for performance of any matter
under this Agreement shall require the subcontractors to comply with the same indemnity and
insurance requirements set forth in this Agreement to the extent that they apply to the scope of the
subcontractors' work. Subcontractors are to be bound to contractor and to City in the same manner and
to the same extent as the Consultant is bound to City under this Agreement. Subcontractors shall
further agree to include these same provisions with any sub -subcontractor. A copy of this Agreement
will be furnished to the subcontractor on request. The Consultant shall require all subcontractors to
provide a valid certificate of insurance and the required endorsements included in the Agreement prior
to commencing any work, and will provide proof of compliance to the City.
G. Acceptability of Insurers
Without limiting Consultant's indemnification provided hereunder, the policies of insurance listed
in Article 9.2 of this Agreement are to be issued by an issuer with a current A.M. Best Rating of A:V
and who is authorized to transact business in the State of California, unless otherwise approved by the
City.
H. Verification of Coverage
Consultant shall furnish the City with endorsements and certificates of insurance evidencing
coverage required by this clause. The certificates for each insurance policy are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The certificates are to be on forms
acceptable to the City. Where required by statue, forms approved by the Insurance Commissioner are
to be submitted. All certificates are to be received and approved by the City before work commences.
I. Special Risks/Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the
risk, prior experience, insurer, coverage, or other special circumstances and provide notice to
Consultant.
10. MISCELLANEOUS
10.1 This Agreement shall be binding on the heirs, executors, assigns and successors of
Consultant.
10.2 Neither party may assign or alter this Agreement, or any portion hereof, without the prior
written consent of the other.
10.3 This Agreement shall not be construed to alter, affect, or waive any lien or stop notice
rights, which Consultant may have for the performance of services pursuant to this Agreement.
10.4 Neither parry's waiver of any term, condition or covenant, or breach of any term, condition
or covenant shall be construed as the waiver of any other term, condition or covenant or waiver of the
breach of any other term, condition or covenant.
10.5 This Agreement contains the entire Agreement between City and Consultant relating to the
project and the provision of services to the project. Any prior agreements, promises, negotiations, or
representations not expressly set forth in this Agreement are of no force or effect. Subsequent
modifications to this Agreement shall be in writing and signed by both City and Consultant.
10.6 If any term, condition or covenant of this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be
valid and binding on City and Consultant.
10.7 This Agreement shall be governed in accordance with the laws of the State of California.
10.8 This Agreement may be executed in counterparts which shall, in the aggregate, be deemed
an original but all of which, together, shall constitute one and the same instrument. A scanned,
electronic, facsimile or other copy of a parry's signature shall be accepted and valid as an original.
10.9 Changes or amendments to this Agreement must be in writing and approved by all parties.
10.10 The term of this Agreement shall commence upon execution of the Agreement and
terminate upon proper notice from either party, pursuant to Section 6. Any extension of the Agreement
shall be mutually agreed upon in writing and shall require an amendment to the Agreement signed by
both parties.
10.1 1 Consultant owes the City a duty of undivided loyalty in performing the work and services
under this Agreement, including, but not limited to, the obligation to refrain from having economic
interests and/or participating in activities that conflict with the City's interests in respect to the work
and/or services and project. The Consultant shall list current clients who may have a financial interest in
the outcome of this Agreement. The Consultant hereby certifies that it does not now have, nor shall it
acquire any financial or business interest that would conflict with the performance of services under this
agreement. Consultant shall not make or participate in making or in any way attempt to use Consultant's
position to influence a governmental decision in which Consultant knows or has reason to know
Consultant has a direct or indirect financial interest other than the compensation promised by this
Agreement. Consultant will immediately advise the City if Consultant learns of a financial interest of
Consultant's during the term of this Agreement.
10.12 City is a public agency subject to the disclosure requirements of the California Public
Records Act ("CPRA"). If Consultant's proprietary information is contained in documents or information
submitted to City, and Consultant claims that such information falls within one or more CPRA exemptions,
Consultant must clearly mark such information "Confidential and Proprietary," and identify the specific lines
containing the information. In the event of a request for such information, City will make best efforts to
provide notice to Consultant prior to such disclosure. If Consultant contends that any documents are exempt
from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief
or other appropriate remedy from a court of law in Santa Clara County before the City is required to respond
to the CPRA request. If Consultant fails to obtain such remedy within the time the City is required to
respond to the CPRA request, City may disclose the requested information without any liability to
Consultant. Consultant further agrees that it shall defend, indemnify and hold City harmless against any
claim, action or litigation (including but not limited to all judgments, costs, and attorney's fees) that may
result from denial by City of a CPRA request for information arising from any representation, or any action
(or inaction), by the Consultant.
10.13 Neither party hereto shall be considered in default in the performance of its obligation
hereunder to the extent that the performance of any such obligation is prevented or delayed by an act of God,
natural disaster, pandemic, acts of terrorism, war, or other peril, which is beyond the reasonable control of
the affected party and without the negligence of the respective Panies. Each party hereto shall give notice
promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinder or prevent
performance of the services under this Agreement. Each Party will, however, make all reasonable efforts to
remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently
pursue performance of its obligations in this Agreement. In the event either party is prevented or delayed in
the performance of its respective obligation by reason of such Force Majeure, there may be an equitable
adjustment of the schedule and Consultant compensation based on City's sole discretion.
10.14 Except as City may specify in writing, Consultant shall have no authority, express or
implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority,
express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
10.15 Consultant warrants that Consultant, its subcontractors and/or agents (if any) has/have
complied with any and all federal, state, and local licensing requirements
10.16 Each party acknowledges that it has reviewed this Agreement and that the normal rule of
construction to the effect that any ambiguities are to be resolved against the drafting party shall not be
employed in the interpretation of this Agreement.
10.17 The signatories to this Agreement warrant and represent that each is authorized to execute
this Agreement and that their respective signatures serve to legally obligate their respective representatives,
agents, successors and assigns to comply with the provisions of this Agreement.
10.18 This Agreement is entered into, and to be performed in Santa Clara County, California, and
any action arising out of or related to this Agreement shall be maintained in a court of appropriate
jurisdiction in Santa Clara County, California.
11. NOTICES
Notices required under this Agreement may be delivered by first class mail addressed to the
appropriate party at one of the following addresses:
CITY: City of Campbell
Attention: Rob Eastwood
70 North First Street,
Campbell, CA 95008
CONSULTANT: O'Brien Code Consulting Inc.
Attention: Susan O'Brien
475 Queens Court
Campbell, CA 95008
[Signatures on the following page/
Having read and understood the foregoing Agreement, the undersigned parties agree to be bound hereby:
CONSULTANT
O'Br'en Code Consulting Inc.
&AC-L
By:
Title: ��j) -�_�—
Date: OP17 �'�'�'-
Appro as to Fr.�rm
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Exhibit A Scope of Services and Fees
CITY OF CAMPBELL
13�--"-Briar Loventhal
'Cit1e: C� Manager
Date: March 23, 2022
13
SERVICES OVERVIEW
The Scope of Services for this contract with the City of Campbell is for providing
professional building plan review services. All services will be provided by Ms. Susan
O'Brien, P.E., who will work closely with the City staff to ensure the review services exceed
the City'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 City Building Official, prior to the use of any subconsultants. O'Brien
Code Consulting offers the following services:
PLAN REVIEW SERVICES
• Provide complete plan review services for compliance with California Building Laws as
generally found in Title 24 Parts 1 , 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11 , and 12, including
structural, fire/life safety, disabled access, energy conservation requirements, and green
building requirements.
• Ms. O'Brien is CASP certified (CASp-220) and will be available to provide CASP
services to the City.
• Based on Ms. O'Brien's many years of experience working for the City Building Division,
she is very familiar with all of the applicable local Ordinances, policies and procedures
and will implement all applicable items on a project -by -project basis.
• 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.
• Provide comment letters in a written format and transmit them to the City Building
• Division staff via email, or any other means deemed necessary by the Building Official.
o Provide "red -line" mark-ups on the City's PDF plans to supplement written plan
review comment letters.
• Ms. O'Brien will provide her cell phone number to City staff for their use only and will
be available on the same day to respond to questions from City staff.
• Services include the initial review and two iterations of revised plans ("re -check")
at no additional charge to the City.
PLAN REVIEW SERVICES (continued)
Upon plan review approval, "wet" digitally signed and digitally stamped approved
plans and documents will be transmitted electronically in PDF format to the City along
nccO'Brien Code Consulting, Inc_. Quality — Service - Value
with an approval letter. All documents will be stamped "Approved" in accordance with
the City of Campbell requirements.
• 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 City of Campbell Building Division.
• For any paper submittals, pick-up and delivery of all plans and documents in -person by
O'Brien Code Consulting staff. We do not intend to use a courier, but should the need
arise, we have a standing FEDEX account and we will cover the cost of all such courier
services.
• PLAN REVIEW TURNAROUND SCHEDULES o Historically, an expected
turnaround schedule for initial plan review corrections was ten (10) working days and
five (5) working days for any subsequent reviews. However, due to the constantly
increasing Code requirements and regulations, such as more extensive Energy Codes,
new Green Building Codes, and local Reach Codes, that turnaround schedule is
increasingly difficult to achieve.
• OCC is committed to maintaining the City's acceptable plan check timelines. We will
strive to complete all plan reviews earlier than their City assigned due date. However,
that is contingent on the quality and completeness of the submittal.
• OCC is committed to completing all initial plan review corrections within the timeframe
assigned by the jurisdiction (typically ten to fifteen (10-1 5) business days from the date
of the receipt of plans in our office from the City). 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.
• Subsequent project plan reviews will be completed within the timeframe assigned by the
jurisdiction (typically five to ten (5-10) business days from the date of the receipt of plans
in our office from the City). However, building Code change cycle and incomplete plan
submittals may require extended subsequent plan review times to be defined by the
jurisdiction.
• , PLAN REVIEW TURNAROUND SCHEDULES (continued) o Response time for
more complex projects as determined by the City will typically be completed within
fifteen to twenty (1 5-20) business days from the date of the receipt of plans in our
office from the City. The turnaround time for complex projects is negotiable.
• 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.
O'Brien Code Consulting, Inc. Quality — Service - Value l
• , TECHNICAL SUPPORT:
Attend pre -construction or pre -design meetings in person or virtually as requested by the
Building Official. In the event that a meeting at the City office is desired by the City and/or
applicant and design professional, Ms. O'Brien will be available to attend a scheduled
meeting in person or virtually with 48 hours prior notice.
• Provide field visits. In the event that a field visit is desired by the City and/or applicant
and design professional, Ms. O'Brien will be available to attend a scheduled field visit in
person or virtually with 48 hours prior notice. o Provide support for field inspection
personnel. o Assist staff on an as -needed basis.
• All City Building Division staff members will be provided with Ms. O'Brien's cell phone
number to contact with questions on an as -needed basis.
• MISCELLANEOUS SUPPORT
• O'Brien Code Consulting understands the staffing challenges faced by local Building
Departments. We are ready and willing to adapt to the changing needs of the
jurisdiction. In addition to plan review services, we will provide the following services
at the request of the City:
• Expedited Services — O'Brien Code Consulting understands that owners/applicants may
desire expedited plan review services. In accordance with the policies of the Cit of
Campbell, O'Brien Code Consulting would be available to provide expedited plan review
services at an increased fee based on the required expedited turnaround time. This would
be on a project -by -project basis, as agreed upon with the City Building Official.
• MISCELLANEOUS SUPPORT o On -Site Staff Traininq — O'Brien Code Consulting
is committed to evolving with the ever -changing Code requirements. Through
attendance at seminars and participation in Chapter and Committee meetings, we stay
current on Code developments. As a consultant to the City, it is our duty to ensure we
communicate the pertinent Code development and industry iswes to the client. Ms.
O'Brien will be available to attend staff meetings and provide staff training on various
Code topics to City personnel, on -site or virtually, as requested by the City Building
Official.
• CAL OES — Ms. O'Brien holds a current CAL OES card ID #64779 and is available to
assist the jurisdiction in the event of a natural or man-made disaster.
CQC
O'Brien Code Consulting, Inc,
Quality — Service - value
• Any Technical and/or Miscellaneous Support services provided to the City Building
Division will billed to the City of Campbell at the hourly rate shown on the Standard
Rate Schedule
PICK-UP/DELIVERY OF PLANS & PLAN CHECK COMMENTS
Since the COVID-19 pandemic of 2020, all permit submittals have been provided to the
City Building Division in electronic (PDF) format. Currently, the City no longer requires
any paper submittals for review. However, should the need arise for review of paper
plans and documents, we intend the pick-up and delivery of all plans and documents to be
in -person by O'Brien Code Consulting staff.
However, should the need arise for courier services, we have a standing account with
FEDEx for pick-up and delivery of plans and documents and we will cover the cost of all
such courier services.
O'Brien Code Consulting, Inc. Quality — Service - Value
BUILDING PLAN REVIEW FEES:
• Fees for comprehensive plan reviews, performed at the O'Brien Code Consulting office,
will be equal to sixty percent (60%) of the review fees as calculated per the City of
Campbell.
• Fees for Title 24 Accessibility only plan reviews, performed at the O'Brien Code
Consulting office, will be equal to forty percent (40%) of the review fees as calculated
per the City of Campbell.
• Fees for structural only plan reviews, performed at the O'Brien Code Consulting office,
will be equal to thirty-five percent (35%) of the review fees as calculated per the City of
Campbell.
• Fees for Title 24 Energy Only plan reviews, performed at the O'Brien Code Consulting
office, will be equal to five percent (5%) of the review fees as calculated per the City of
Campbell.
• Fee for Design Review Projects preliminary Accessibility Only plan review will be
calculated at the standard hourly billing rate.
• The fees are negotiable. The percentage based rates will be effective until December 31,
2022. 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:
• 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, and all applicable local amendments and ordinances.
• . 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 staff training, on -site or virtually at the request
of the Chief Building Official, will be billed at an hourly rate per the Standard Rate
Schedule.
u
O'Brien Code Consulting, Inc. Quality — Service - Value
O'BRIEN CODE CONSULTING
STANDARD RATE SCHEDULE- CITY OF CAMPBELL
• Personnel Description Hourly Billing Rate
• Principal. ■ 160.00
• These rates are effective through December 31 , 2022. This fee is negotiable.
• Overtime will be charged at 125% of the standard hourly rates. No overtime
will be charged without prior authorization by client.**
• Mileage Reimbursement —
• for any OCC staff travel required by the Building Official, beyond 30 miles
from the City offices) Standard Government Mileage Rate + 15% (Currently
$ 0.56 * 1.15 = $ 0.644 per mile)
• Outside Consultants Cost plus 15%
• Hours for in-house services in excess of 8 hours (per day) will be billed at the
overtime rate shown above. When in-house services or plan review overtime
is requested on weekends or holidays, these overtime services will be
provided in 4-hour minimum segments.
Billing Procedures: At the beginning of each month, O'Brien Code Consulting
will furnish to the City of Campbell 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.
C -_
F------
O'Brien Code Consulting, Inc. Quality — Service - Value
Exhibit 2 — Scope Amendment
SERVICES OVERVIEW
The Scope of Services for this contract with the City of Campbell is for providing professional
building plan review services. OCC provides full plan review services, and has the required
expertise to fulfill the City's specific review requests for CASp accessibility plan reviews
and Structural Engineering plan reviews. All services will be provided by Ms. Susan O'Brien, P.E.,
who will work closely with the City staff to ensure the review services exceed the City'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 City Building
Official, prior to the use of any sub -consultants. O'Brien Code Consulting offers the following
services:
• PLAN REVIEW SERVICES - Certified Access Specialist (CASp)
The State Civil Code Section 55.53(d) requires each Building Department employ or retain a
sufficient number of staff who are certified access specialists (CASp)to conduct permitting and
plan check services to review for compliance with state constructionrelated accessibility standards
by a place of public accommodation with respect to new construction, including, but not limited
to, projects relating to tenant improvements that may impact access.
o Ms. O'Brien is CASp certified (CASp-220) and will be available to act as the required City
staff CASp. She will provide technical assistance and interpretations on accessibility related
issues including complete CASp plan review services for compliance with California Building Laws
as generally found in Title 24 Parts 2 and 2.5.
o Through active participation and membership in CASI (Certified Access Specialist
Institute), accessibility discussion groups, accessibility list -serves, and webinars, Ms. O'Brien
consistently exceeds the minimum continuing education requirements and supplements her
knowledge and expertise of state and federal accessibility laws and regulations to promote
access to facilities for persons with disabilities.
• PLAN REVIEW SERVICES - Structural
o Ms. O'Brien is a licensed Civil Engineer who has performed thousands of structural plan
reviews over her career including anything from small wood -framed dwellings to large steel
frame high rises.
• PLAN REVIEW SERVICES - Structural (continued) o Through active participation
and membership in ASCE and SEI and structural webinars (AWC and CALBO), Ms. O'Brien
consistently exceeds the minimum continuing education requirements to maintain Plan
Check Certification and supplements her structural knowledge and expertise to remain current with
the Code requirements.
• PLAN REVIEW SERVICES - General 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 in a written format and transmit them to the City Building Division staff
via email, or any other means deemed necessary by the Building Official.
o Provide "red -line" mark-ups on the City's PDF plans to supplement written plan review
comment letters.
o Upon plan review approval, "wet" digitally signed and digitally stamped
approved plans and documents will be transmitted electronically in PDF format to the City
along with an approval letter. All documents will be stamped "Approved" in
accordance with the City of Campbell requirements.
o Based on Ms. O' Brien's many years of experience working for the City Building
Division, she is very familiar with all of the applicable local Ordinances, policies and procedures
and will implement all applicable items on a project -by -project basis.
o Services include the initial review and two iterations of revised plans ("re -check")
at no additional charge to the City. 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 City of Campbell Building Division.
o For any paper submittals, pick-up and delivery of all plans and documents will be using our
standing FEDEX account and we will cover the cost of all such courier services.
o Ms. O'Brien will provide her cell phone number to City staff for their use only and will
be available on the same day to respond to questions from City staff.
• PLAN REVIEW TURNAROUND SCHEDULES
o Historically, an expected turnaround schedule for initial plan review corrections was ten (10)
working days and five (5) working days for any subsequent reviews. However, due to the
constantly increasing Code requirements and regulations, such as more extensive Energy Codes,
new Green Building Codes, and local Reach Codes, that turnaround schedule is increasingly
difficult to achieve.
o OCC is committed to maintaining the City's acceptable plan check timelines. We will
strive to complete all plan reviews earlier than their City assigned due date. However, that is
contingent on the quality and completeness of the submittal.
o OCC is committed to completing all initial plan review corrections within the timeframe assigned
by the jurisdiction (typically ten to fifteen (10-15) business days from the date of the receipt of
plans in our office from the City). 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 to ten (5-10) business days from the date of the receipt of plans in our
office from the City). However, building Code change cycle and incomplete plan submittals may
require extended subsequent plan review times to be defined by the jurisdiction.
o Response time for more complex projects as determined by the City will typically be completed
within fifteen to twenty (15-20) business days from the date of the receipt of plans in our office
from the City. 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.
• PICK-UP/DELIVERY OF PLANS & PLAN CHECK
COMMENTS
Since the COVID-19 pandemic of 2020, all permit submittals have been provided to
the City Building Division in electronic (PDF) format. Currently, the City no longer
requires any paper submittals for review. Should the City require review of paper
plans and documents, we will use our standing account with FEDEx for transport of
plans and documents and we will cover the cost of all such courier services.
Lucky O'Brien
O'BRIEN CODE CONSULTING
STANDARD RATE SCHEDULE- CITY OF CAMPBELL
CASP AND STRUCTURAL REVIEW SERVICES
Personnel Description Hourly Billing Rate
Principal $ 160.00
These rates are effective through December 31, 2024. This fee is negotiable.
Overtime will be charged at 125% of the standard hourly rates. No overtime will
be charged without prior authorization by client. **
Mileage Reimbursement —
(for any OCC staff travel required by the Building Official, beyond 30 miles from
the City offices) Standard Government Mileage Rate + 15% (Currently $ 0.625
1.15 = $ 0.719 per mile)
Outside Consultants - Cost plus 15%
** Hours for in-house services in excess of 8 hours (per day) will be billed at
the overtime rate shown above. When in-house services or plan review
overtime is requested on weekends or holidays, these overtime services
will be provided in 4-hour minimum segments.
Billing Procedures:
At the beginning of each month, O'Brien Code Consulting will
furnish to the City of Campbell 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.