item_7_-_deskitem.building_division_plan_check_services — Los Gatos City Council, June 2, 2026

PREPARED BY: Robert Gray, CBO, CASp
Chief Building Official
Reviewed by: Town Manager, Town Attorney, Human Resources, and Community Development Department
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/02/2026
ITEM NO: 7

DESK ITEM
DATE: June 2, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Execute Agreements for Building Division Plan Check Review and Other Support Services with 4LEAF, Inc., O’Brien Code Consulting, Inc., and Urban37, Inc.

Remarks:

This Desk Item clarifies that the proposed agreements with 4LEAF, Inc., O’Brien Code Consulting, Inc., and Urban37, Inc. have been revised to remove “other support services,” including inspection, code compliance, permit technician assistance, and related administrative work. The scope of each agreement (Attachments 4, 5, and 6) will be limited solely to building division plan check review services to accurately reflect the Town’s current operational needs.

Additionally, a correction was made to O’Brien Code Consulting, Inc.’s agreement to state that it is an S-Corporation rather than a C-Corporation.

Town staff and TEA representatives met late Friday afternoon, May 29, 2026, to discuss the proposed agreements pursuant to the requirements of AB 339. During this meeting, TEA representatives expressed concerns regarding the inclusion of broader support services within the consultant agreements. In response, the agreements have been updated to reflect only building division plan check review services. This modification does not change the selection process or staff’s recommendations for building division plan check review services.

Attachments Previously Received with the May 28, 2026 Staff Report:

1. Draft Agreement for Consultant Services for 4LEAF, with Exhibit A, Consultant Proposal for 4LEAF

2. Draft Agreement for Consultant Services for O’Brien Code Consulting, with Exhibit A, Consultant Proposal for O’Brien Code Consulting

3. Draft Agreement for Consultant Services for Urban37, with Exhibit A, Consultant Proposal for Urban37
PAGE 2 OF 2
SUBJECT: Building Division Plan Check Review
DATE: June 2, 2026
Attachments Received with this Desk item:

4. Revised Draft Agreement for Consultant Services for 4LEAF, with Exhibit A, Revised Scope of Services

5. Revised Draft Agreement for Consultant Services for Urban37, with Exhibit A, Revised Scope of Services

6. Revised Draft Agreement for Consultant Services for O’Brien Code Consulting

AGREEMENT FOR PROFESSIONAL SERVICES

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Agreement for Professional Services
4Leaf, Inc.
4Leaf, Inc. Agreement

PREAMBLE
THIS AGREEMENT is by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and 4Leaf, Inc. (“Consultant”), a C-Corp, whose address is 2126 Rheem Dr., Pleasanton, CA 94588. This Agreement is made with reference to the following facts.

I. RECITALS
A. Town desires to engage Consultant to provide building division plan review.

B. Consultant represents and affirms that it is willing to perform the desired work pursuant to this Agreement.

C. Consultant warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Consultant acknowledges Town has relied upon these warranties to retain the Consultant.

II. AGREEMENT
A. Scope of Services. Consultant shall provide services as described in the Scope of Services, which is hereby incorporated by reference and attached as Exhibit A.

B. Term. The term of this Agreement shall be from July 1, 2026, to June 30, 2031.

C. Compliance with Laws. The Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state, and local laws. Consultant represents and warrants to Town that it has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for the Consultant to practice its profession. Consultant shall maintain a Town of Los Gatos business license as required in Chapter 14 of the Code of the Town of Los Gatos.

D. Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.

E. Information/Report Handling. All documents furnished to Consultant by the Town and all reports and supportive data prepared by the Consultant under this Agreement are the Town’s property and shall be delivered to the Town upon the completion of services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Consultant shall not make any of these documents or information available to any individual or organization not employed by the Consultant or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and Town's use of the information contained in the reports prepared by the Consultant in connection with other projects shall be solely at Town's risk, unless the Consultant expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant.

ATTACHMENT 4

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Agreement for Professional Services
4Leaf, Inc.

F. Compensation. Compensation for Consultant's professional services shall not exceed the rates set forth in Exhibit A, which is attached and incorporated by reference. Payment shall be based upon Town approval of each task.

G. Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the service and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents, or other pertinent materials shall be submitted for Town review, even if only in partial or draft form.

Payment shall be net thirty (30) days. All invoices and statements to the Town shall be addressed as follows:

Invoices:

Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
Email (preferred): [email protected]
H. Availability of Records. Consultant shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the Town at the Consultant offices during business hours upon written request of the Town.

I. Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Consultant. No portion of these services shall be assigned or subcontracted without the written consent of the Town.

J. Independent Contractor. It is understood that the Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the Town. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, the Consultant may perform some obligations under this Agreement by subcontracting but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing.

K. Conflict of Interest. Consultant understands that its professional responsibilities are solely to the Town. The Consultant has and shall not obtain any holding or interest within the Town of Los Gatos. Consultant has no business holdings or agreements with any individual member of the Staff or management of the Town or its representatives, nor shall it enter into any such holdings or agreements. In addition, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the Town in the subject of this Agreement, and it shall immediately disassociate itself from such an interest, should it discover it has done so and shall, at the Town's sole discretion, divest itself of such interest. Consultant shall not knowingly

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Agreement for Professional Services
4Leaf, Inc.
and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant shall promptly notify Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship.

L. Non-Discrimination. Consultant warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act.

III. INSURANCE AND INDEMNIFICATION
A. Minimum Scope of Insurance.

1. Consultant agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: two million dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage.

2. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage.

3. Consultant shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Service Provider agrees that all certificates and endorsements are to be received and approved by the Town before work commences.

4. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than one million dollars ($1,000,000) which is sufficient to insure Consultant for professional errors or omissions in the performance of the particular scope of work under this agreement.

B. General Liability.

1. The Town, its elected and appointed officials, employees, and agents are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of Consultant; and premises owned or used by the Consultant.

2. The Consultant's insurance coverage shall be primary insurance as respects the Town, its elected and appointed officials, employees, and agents. Any insurance or self-insurances maintained by the Town, its officers, officials, employees, or agents shall be excess of the Consultant's insurance and shall not contribute with it.

3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees, or agents.

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Agreement for Professional Services
4Leaf, Inc.

4. Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability.

C. All Coverages. Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the Town Clerk.

As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than one million dollars ($1,000,000) per accident for bodily injury or disease.

E. Indemnification. The Consultant shall indemnify the Town its elected and appointed officials, employees and agents from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by any act or omissions of the Consultant, or any of the Consultant's officers, employees, agents, or any subconsultant. Consultant shall defend the Town against any such claims.

IV. GENERAL TERMS
A. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement.

B. Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Santa Clara.

C. Mediation. Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation.

The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties. In the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a blind draw. The cost of mediation shall be borne equally by the parties.

Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

D. Termination of Agreement. The Town and the Consultant shall have the right to terminate this agreement with or without cause by giving not less than fifteen days (15) written notice of termination. In the event of termination, the Consultant shall deliver to the Town all plans, files, documents, and reports performed to date by the Service Provider. In the event of such termination, Town shall pay Consultant an amount that bears the

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Agreement for Professional Services
4Leaf, Inc.
same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.

E. Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Consultant.

F. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to:

Town of Los Gatos
Attn: Town Clerk
110 E. Main Street, Los Gatos, CA 95030
4Leaf, Inc.
2126 Rheem Drive
Pleasanton, CA 94588
or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.

G. Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect of the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.

H. Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Consultant. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party.

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Agreement for Professional Services
4Leaf, Inc.

IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement.

TOWN OF LOS GATOS: CONSULTANT: Enter name of Consultant **signature_94577**

SIGNATURE
Chris Constantin

FULL NAME
Town Manager
TITLE
**date_signed_94577**

DATE SIGNED
**signature_94578**

SIGNATURE
Kevin J. Duggan

ENTER CONSULTANT SIGNATORY'S NAME
President

ENTER CONSULTANT SIGNATORY'S TITLE
**date_signed_94578**

DATE SIGNED
Approved as to form:
**signature_94579**

SIGNATURE
Gabrielle Whelan

FULL NAME
Town Attorney
TITLE
**date_signed_94579**

DATE SIGNED
Attest:
**signature_94579**

SIGNATURE
Wendy Wood

FULL NAME
CMC, Town Clerk
TITLE
**date_signed_94579**

DATE SIGNED
The execution date is the date on which the last party has signed.

Town of Los Gatos Page 1
Scope of Services June 1, 2026

SCOPE OF WORK
Plan Review Services
4LEAF will provide Plan Review for any and all types of structures to ensure compliance with all adopted codes, local ordinances (including Tier 1 of Cal Green, if required) and State and federal laws that pertain to Building and Safety, and for compliance with the adopted International Code Council (ICC) Building, Plumbing, Electrical, Mechanical, National Fire Protection codes and standards, and the Accessibility and Noise and Energy Conservation requirements as mandated by the State of California Title 24, State of California Water Efficient Landscape Ordinance, the State of California Certified Access Specialist (CASp) compliance, and all other applicable ordinances. We provide these services for project types including Single-Family Dwellings, large MultiFamily Mixed-Use Dwelling Units, Commercial, and Industrial.

Delivery Models
• On-Site Review: 4LEAF can deploy Registered Professional Engineers to your facility to perform structural and non-structural reviews. This provides the Town with immediate access to expertise in lifesafety, accessibility, and MEP (Mechanical, Electrical, Plumbing) compliance. • Off-Site & Electronic Review: We utilize a "Green Line" approach to deliver cost-effective, environmentally friendly digital reviews. This model provides the Town and stakeholders with a secure online portal for real-time status tracking and seamless collaboration.

Approach
We understand that the specific building plan review responsibilities will include, but are not limited to:
• Examining plans, drawings, specifications, computations documents, soils reports, and additional data; • Ascertaining whether projects are in accordance with applicable building and fire codes, and Town ordinances, including but not limited to Title 24 and Title 25; • Performing such reviews as structural, MEP, green building, fire and life safety, grading and drainage; • Reviewing plans to ensure conformity to the required strengths, stresses, strains, loads, and stability as per the applicable laws;
• Reviewing plans to ensure conformity with use and occupancy classification, general building heights and areas, types of construction, fire resistance construction and protection systems, means of egress, accessibility, structural design, soils and foundations; and masonry; • Providing additional plan review services as requested by the Town; • Conducting all plan review at the Town Department or at a site mutually agreed upon in writing and; • Supplying all plan review staff with all code books and other basic professional references. 4LEAF’s EZPlan Review
EZPlan Review is 4LEAF’s in-house tracking software that acts as a communication tool between 4LEAF and the jurisdictions we work with. The use of EZPlan makes communication easy. This web portal allows users visualize project due dates, notes, and status updates so that projects can be followed from start to finish. Additionally, 4LEAF provides electronically stamped and uploaded copies of approved project plans, a value which saves clients time and resources. With the use of EZPlan, 4LEAF hopes to provide a level of ease and transparency during the off-site plan review process.

EXHIBIT A
Town of Los Gatos Page 2
Scope of Services June 1, 2026
QA/QC Review Process
Task 1 – Project Tracking Set-up
The first step of our process will be to set up the project in our system to enable 4LEAF and the Town each to track the progress of the review. Our plan tracking procedures are designed to track each submittal throughout the review process and maintain accurate and comprehensive records for each submittal.

Task 2 - Complete Submittal Review
Upon receiving the plans from the Town, 4LEAF will triage (preliminary plan review performed by 4LEAF plan review project lead) the submittal to verify that the submittal received is complete (i.e., all pertinent plans, calculations, reports, and other related documents) in order that we can begin our review. If the submitted package is incomplete, we will communicate with the Town to discuss the deficient documents needed to proceed with our review.

Task 3 - Plan Review Assignment
After the triage process is performed and a complete package is verified, the project will be assigned to the most qualified Plans Examiner, and a turnaround time will be established. We will log each application into our database the same day the plans are received to ensure that they are routed in a timely manner and to allow for daily project tracking.

Task 4 - Plan Review
4LEAF will provide the project contact (Developer, Contractor, Architect, or Engineer) desired by the Town with a list of any items needing correction and clarification to comply with applicable building codes, ordinances, and regulations. A correction list will be created based on the missing codes and ordinances.

Task 5 - Quality Control
Prior to submitting the plan review correction list to the Town, the designated plan review project lead will review the correction list for adherence to applicable codes and ordinances as well as for accuracy and completeness. After completion of our quality control review a correction list will be e-mailed to a designated staff member at the Town or as directed by the Town. The correction list and a 4LEAF transmittal form will include the following information: a description of the work, type of construction, occupancy group, square footage, number of floors, and sprinkler requirements.

Task 6 - Plan Review Rechecks
Plans received for rechecks will be reviewed for conformance. Our goal is to actively work with the designers to resolve all unresolved issues after our second review. If it appears that there are complicated issues that might cause a project to go beyond our second review, we will communicate directly with the designer to resolve these concerns.

Task 7 - Project Approval
Once the final plan reviews are completed and ready for approval, 4LEAF will organize the plans and supporting documents per the Town’s processing requirements and return them to the Town, along with our letter of completion.

Town of Los Gatos Page 3
Scope of Services June 1, 2026
Turn-Around Times
4LEAF has a tremendous reputation for completing projects on-time and under budget. 4LEAF’s plan review team is widely recognized for quick turn-around times and prompt service. Off-site plan reviews are performed at our office, with plans transmitted by personal delivery or overnight service. Our standard turn-around times are within 10 business days for residential plan reviews and within 10 days for commercial/industrial plan reviews; however, these timeframes are negotiable based on your needs. 4LEAF also provides Fire Plan Review services.

Type of
Plans Transportation Initial Review
Resubmittal
Review
Resubmittal
Review #2
Expedited
Review
Expedited
Resubmittal
*Residential < 24 Hours (pick
up & delivery) < 10 Days < 5 Days < 5 Days < 5 Days < 3 Days **MultiFamily< 24 Hours (pick
up & delivery) < 10 Days < 5 Days < 5 Days < 5 Days < 3 Days Commercial < 24 Hours (pick
up & delivery) < 10 Days < 5 Days < 5 Days < 5 Days < 3 Days ***Large
Commercial
> 15,000 s.f.
< 24 Hours (pick
up & delivery) Negotiable Negotiable Negotiable Negotiable Negotiable *Larger complex plan reviews can be negotiated to achieve the best possible pricing. 4LEAF has a proven track record of working with municipalities to provide expedited reviews with special discounted pricing.

Pick-up of all plans will be performed by 4LEAF staff within 24 hours of the Town’s phone call or e-mail. 4LEAF prefers to pick up and deliver the plans in person to communicate information that may be pertinent to the project and maintain consistent communication. At no additional cost, 4LEAF staff will transport the plans to and from the Town upon a phone call to the 4LEAF office or simply e-mail [email protected].

Document Control
When plans and documents are received for review, 4LEAF’s Plan Review Manager and Document Control Technician analyze the project, creates a job number, and completes a Job Setup Sheet. This form highlights both the jurisdiction, applicable contact information, and all project specific design criteria and notes. Jobs are then transmitted through 4LEAF’s easily accessed EZPlan Review Portal which tracks initial and subsequent reviews and is open for view by the client. The Town and their customers can view 4LEAF’s plan review control log through 4LEAF’s EZPlan Review Portal.

Plans then get distributed for review to a 4LEAF team consisting of Plan Review Engineers, Architect (a licensed state professional) and/or an ICC Certified Plans Examiner, as applicable. Our staff then performs his or her function of analyzing the plans and documentation for effective conformance to the state codes, referenced construction standards, and Town amendments. 4LEAF’s code review methodology is “The Effective Use of the Codes” reinforced through proprietary and jurisdictional checklists. When complete, the Plan Review Manager overviews the project for quality control purposes and forwards comments or approvals to the client’s predesignated contacts.

Town of Los Gatos Page 4
Preliminary Fee Schedule June 1, 2026

PRELIMINARY FEE SCHEDULE
FY2026-2027* FEE SCHEDULE & BASIS OF CHARGES

FOR THE TOWN OF LOS GATOS
All Rates are Subject to Basis of Charges
*Annual escalation of 5% unless otherwise noted
Building
Chief Building Official...................................................................................................................................$224/hour Plan Review Services – excludes Fire & Civil (2 rechecks, hourly thereafter) ................................. 70% of permit fee Structural Plan Review Engineer ................................................................................................................ $194/hour Non-Structural Plans Examiner .................................................................................................................. $154/hour Certified Access Specialist (CASp) Inspector .............................................................................................. $247/hour Certified Access Specialist (CASp) Plans Examiner..................................................................................... $247/hour Senior Combination Building Inspector (Building Inspector III) ................................................................. $174/hour Commercial Building Inspector (Building Inspector II)............................................................................... $147/hour Residential Building Inspector (Building Inspector I).................................................................................. $117/hour Permit Counter Manager/Deputy Building Official.................................................................................... $147/hour Senior Permit Technician............................................................................................................................ $127/hour Permit Technician......................................................................................................................................... $97/hour Clerk/Administrator...................................................................................................................................... $84/hour Supervising Inspector of Record................................................................................................................. $247/hour Inspector of Record .................................................................................................................................... $177/hour HCAI/DSA Required Inspector.................................................................................................................... $247/hour Firestopping Inspector................................................................................................................................ $217/hour Code Enforcement
Code Enforcement Director........................................................................................................................ $197/hour Code Enforcement Manager ...................................................................................................................... $164/hour Senior Code Enforcement Officer............................................................................................................... $144/hour Code Enforcement Officer II....................................................................................................................... $124/hour Code Enforcement Officer I........................................................................................................................ $107/hour Code Enforcement Technician...................................................................................................................... $94/hour Housing Inspector....................................................................................................................................... $104/hour Remote Hearing Officer.............................................................................................................................. $297/hour Onsite Hearing Officer................................................................................................................................ $397/hour General
Principal-in-Charge ..................................................................................................................................... $347/hour 4LEAF Project Manager .............................................................................................................................. $247/hour Vehicle required for project - 4-wheel drive (monthly) ........................................................................ $2500/month Vehicle required for project - 4-wheel drive (daily)..................................................................................... $165/day Vehicle required for project - 2-wheel drive (monthly) ........................................................................ $1500/month Vehicle required for project - 2-wheel drive (daily)..................................................................................... $125/day Town of Los Gatos Page 5
Preliminary Fee Schedule June 1, 2026
Project site transport, where required (gator)...................................................................................... $1800/month Field Representative requiring special enhancement................................................................................ $274/hour Prevailing Wage filing ................................................................................................................................. $274/filing Project Administration specialized billing .................................................................................................. $144/hour elas/GoFormz....................................................................................................................................$50/user/month

BASIS OF CHARGES
• Rates are inclusive of “tools of the trade” such as forms, telephones, and consumables, basic PPE (project specific PPE will be charged at cost plus 20%).
• All invoices will be submitted monthly.
• All invoices will be charged a 5% administrative fee. • Approved expenses such as flights/ferry/hotels/etc. as well as subconsultants will be charged at cost plus 20% • Staff Augmentation work (excluding plan review) is subject to 4-hour minimum charges unless stated otherwise. Services billed in 4-hour increments.
• Inspection services canceled less than 24 hours of requested time of service will be subject to a two (2) hour minimum charge.
• Expedited reviews will be billed at 1.5x the plan review fee listed in the fee schedule. Return time will be within seven (7) days of receipt of the plans from the Jurisdiction. • Most plan reviews will be reviewed in 10 business days or less and 5 business days or less for re-checks.

This is not inclusive of holidays or the day of the pick-up of plans. • Plan review of deferred submittals & revisions will be billed at the hourly rates listed. • All plan review services are billed on a percentage basis and includes the initial review and 2 rechecks. - Plan reviews will be billed on an hourly basis only after the initial review and 2 rechecks unless otherwise agreed upon on a case-by-case basis.
- Fire and Civil Reviews are billed on an hourly basis and are not included in our plan review percentage.
• 4LEAF assumes that these rates reflect the FY2026-2027 contract period. There will be a 5% escalation for FY2027-2028, FY2028-2029, etc.
• Overtime and Premium time will be charged as follows:
- Regular time (work begun after 5AM or before 4PM) 1 x hourly rate - Nighttime (work begun after 4PM or before 5AM) 1.125 x hourly rate - Overtime (over 8-hour M-F or Saturdays) 1.5 x hourly rate - Overtime (over 8 hours Sat or 1st 8-hour Sun) 2 x hourly rate - Overtime (over 8 hours Sun or Holidays) 3 x hourly rate • Overtime will only be billed with prior authorization of the client unless required by governing documents.
• All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate. • Mileage driven during the course of project work or assignment will be charged at cost plus 20%. • Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge. • Client shall pay attorneys’ fees, or other costs incurred in collecting delinquent amounts. • Client agrees that 4LEAF’s liability will be limited to the value ofservices provided. • In accordance with California’s Meal Break and Rest Break Law requirements, Client will be billed one (1) Tow of Los Gatos Page 6
Preliminary Fee Schedule June 1, 2026
additional hour per day at the regular rate for each missed meal or rest break due to Client-directed tasks or requirements. Client will allow 4LEAF staff the opportunity to take their entitled rest and meal breaks during each work shift as required by law.

BASIS OF CHARGES – PREVAILING WAGE
• Rates shown assume the projects will require compliance with California Prevailing Wage rate requirements and assumes the Client will be filing a PWC-100 Form to the California Department of Industrial Relations (DIR) for the projects.
• Rates for prevailing wage categories are subject to annual escalations in accordance with the bi-annual wage determinations from the California DIR at cost, plus multiplier, and profit. • Per the new requirements being enforced under SB 854 and because it is assumed that a PWC-100 Form will be filed by the Client to the CA DIR for each project, 4LEAF is required to notify an authorized Apprenticeship Committee through submittal of a DAS-140 form. We are then required to make an official request to an authorized Apprenticeship Committee for an apprentice by submitting a DAS-142 form. We are not assured the apprenticeship committee will be able to provide a suitable / qualified apprentice for the project. Per the apprenticeship requirements, the hours worked by the apprentice must be in a ratio of 1:5 for apprentice to journeyman hours. 4LEAF will not know the labor classification of the Public Works Apprentice until an Apprentice is dispatched to the site; therefore, the rates for the five Periods listed under the California DIR’s Wage determination for Building Construction Inspector.

AGREEMENT FOR PROFESSIONAL SERVICES

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Agreement for Professional Services
Urban37, Inc.

Urban37, Inc.

PREAMBLE
THIS AGREEMENT is by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and Urban37, Inc. (“Consultant”), a C-Corp, whose address is 20212 Redwood Rd. #103C, Castro Valley, CA 94546. This Agreement is made with reference to the following facts.

I. RECITALS
A. Town desires to engage Consultant to provide building division plan review.

B. Consultant represents and affirms that it is willing to perform the desired work pursuant to this Agreement.

II. AGREEMENT
A. Scope of Services. Consultant shall provide services as described in the Scope of Services, which is hereby incorporated by reference and attached as Exhibit A.

B. Term. The term of this Agreement shall be from July 1, 2026, to June 30, 2031.

D. Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.

ATTACHMENT 5

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Agreement for Professional Services
Urban37, Inc.

G. Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the service and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for Town review, even if only in partial or draft form.

Payment shall be net thirty (30) days. All invoices and statements to the Town shall be addressed as follows:

Invoices:

J. Independent Contractor. It is understood that the Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the Town. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, the Consultant may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing.

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and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant shall promptly notify Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship.

III. INSURANCE AND INDEMNIFICATION
A. Minimum Scope of Insurance.

B. General Liability.

2. The Consultant's insurance coverage shall be primary insurance as respects the Town, its elected and appointed officials, employees, and agents. Any insurance or self-insurances maintained by the Town, its officers, officials, employees, or agents, shall be excess of the Consultant's insurance and shall not contribute with it.

3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees, or agents.

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4. Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability.

D. Workers’ Compensation. In addition to these policies, Consultant shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement. Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees. As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than one million dollars ($1,000,000) per accident for bodily injury or disease.

C. Mediation. Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation.

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same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.

E. Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Consultant.

F. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to:

Town of Los Gatos
Attn: Town Clerk
110 E. Main Street, Los Gatos, CA 95030
Urban37, Inc.
20212 Redwood Road #103C
Castro Valley, CA 94546
or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.

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IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement.

TOWN OF LOS GATOS: CONSULTANT: Enter name of Consultant **signature_94577**

SIGNATURE
Chris Constantin

FULL NAME
Town Manager
TITLE
**date_signed_94577**

DATE SIGNED
**signature_94578**

SIGNATURE
Raylee Glasser

ENTER CONSULTANT SIGNATORY'S NAME
CBO, Founder/CEO

ENTER CONSULTANT SIGNATORY'S TITLE
**date_signed_94578**

DATE SIGNED
Approved as to form:
**signature_94579**

SIGNATURE
Gabrielle Whelan

FULL NAME
Town Attorney
TITLE
**date_signed_94579**

DATE SIGNED
Attest:
**signature_94579**

SIGNATURE
Wendy Wood

FULL NAME
CMC, Town Clerk
TITLE
**date_signed_94579**

DATE SIGNED
The execution date is the date on which the last party has signed.

Elevating municipal services with innovative solutions.

Urban37, Inc. | 20212 Redwood Road, #103C Castro Valley, CA 94546 | [email protected] Scope of Services – Building Plan Review Services
Overview
Urban37, Inc. shall provide comprehensive building plan review services for residential, commercial, industrial, institutional, mixed-use, and specialty projects submitted to the Town of Los Gatos. Services will be performed by qualified, ICC-certified plans examiners, engineers, and subject matter experts with extensive municipal experience and a commitment to exceptional customer service, technical accuracy, and timely turnaround.

Urban37's review process is designed to ensure code compliance, consistency, efficiency, and clear communication throughout the permitting process while supporting the Town's development objectives and customer service standards.

Comprehensive Plan Review Services
Urban37 shall provide multidisciplinary plan review services including, but not limited to:
• Architectural Review
• Structural Review
• Mechanical Review
• Electrical Review
• Plumbing Review
• Energy Compliance Review
(Title 24)
• CALGreen Review
• Accessibility Review (CBC
Chapter 11A & 11B)
• Fire & Life Safety Review
• Wildland-Urban Interface (WUI) Compliance
Review
• Existing Building Code Compliance Review
• Residential Code Compliance Review
• Commercial Building Code Compliance Review
• Green Building & Sustainability Compliance
Review
• Prefabricated & Modular Construction Review
• Deferred Submittal Review
• Revision & Supplemental Plan Review Services
Reviews shall be conducted in accordance with applicable California Building Standards Codes, Town ordinances, adopted amendments, policies, procedures, and state and federal regulations.

Plan Review Methodology
Urban37 utilizes a collaborative and disciplined review process designed to improve consistency, reduce review cycles, and provide applicants with clear and actionable feedback. Key components of the review process include:
• Projects are evaluated and assigned to discipline-specific reviewers based on project type, scope, and complexity.
• Complex, high-profile, technically challenging, or specialty projects receive senior-level technical oversight and quality assurance review.
• All discipline comments are consolidated prior to issuance to eliminate conflicting, duplicative, or fragmented feedback.
• Comment letters are organized by discipline, clearly code-cited, and formatted in a manner consistent with Town standards and expectations.
• Reviews emphasize practical solutions and constructability while maintaining full code compliance.

EXHIBIT A
Elevating municipal services with innovative solutions.

Urban37, Inc. | 20212 Redwood Road, #103C Castro Valley, CA 94546 | [email protected] • Collaborative page-turning meetings may be offered for complex, large-scale, or timesensitive projects to align expectations early and reduce unnecessary review cycles. • Review staff remain available throughout the permitting process to answer questions and provide technical clarification to applicants and Town staff.

Turnaround Times
Urban37 is committed to providing responsive and predictable review timelines. Standard turnaround goals are as follows:

For large, phased, highly complex, or specialty projects, review schedules may be adjusted and coordinated with Town staff and project applicants based upon project scope, staffing requirements, and desired delivery timelines.

Expedited Review Services
Expedited plan review services are available upon request and subject to reviewer availability.

Urban37 will work directly with Town staff to establish review schedules that meet project needs while maintaining review quality and code compliance.

Quality Assurance & Customer Service
Urban37 maintains a rigorous quality assurance and quality control (QA/QC) program to ensure consistency, accuracy, and professionalism. Services include:
• Senior-level technical oversight
• Internal quality assurance reviews
• Consistent interpretation of applicable codes and Town requirements • Professional communication with applicants and Town staff • Prompt response to technical questions and review inquiries • Ongoing coordination with Building Division personnel Urban37 recognizes that effective plan review extends beyond code compliance. Our approach emphasizes partnership, responsiveness, transparency, and solutions-oriented service that supports applicants while protecting public health, safety, and welfare.

Coordination & Communication
Urban37 shall coordinate closely with Town staff throughout the review process and may:
• Attend coordination meetings as requested.
• Participate in applicant meetings and project consultations. • Assist with code interpretation and technical guidance. • Support Building Division staff during periods of increased workload.

Review Type Turnaround Time
Initial Plan Review 10 Business Days
Resubmittal Review 5 Business Days
Deferred Submittals and Revisions 5 Business Days
Elevating municipal services with innovative solutions.

Urban37, Inc. | 20212 Redwood Road, #103C Castro Valley, CA 94546 | [email protected] • Provide status updates and workload reporting upon request.

Deliverables
Urban37 shall provide:
• Consolidated plan review comment letters.
• Marked-up electronic plans, when requested.
• Code interpretation memorandums, as needed.
• Technical consultation and support.
• Review completion notifications and recommendations for permit issuance.

Urban37 will utilize the Town's permitting and electronic plan review platforms and will comply with all Town procedures, workflows, and documentation requirements.

Elevating municipal services with innovative solutions.

Urban37, Inc. | 20212 Redwood Road, #103C Castro Valley, CA 94546 | [email protected] Section 11 – Preliminary Fee Schedule
Urban37 proposes a flexible, menu-based fee structure that allows the Town to engage individual service components or comprehensive Building Division support services on an as-needed, dedicated, or staff augmentation basis.

Plan Review
The amounts below include 1 initial review and 2 rechecks. Revisions and deferred submittals will be invoiced hourly.
● 60% - Full Review (excludes Fire and Civil)
● 40% - Structural Only
● 35% - Non-Structural Review
Expedited Plan Review Timeline: Expedited Reviews are invoiced at 1.5x the plan reviews fee.

Extended timelines may be requested for larger projects.

HOURLY RATES BY DIVISION/SPECIALTY
All hourly rates listed below are fully negotiable based on scope, duration, and level of engagement. Our goal is to remain flexible and work collaboratively with the Town to find a structure that fits both operational needs and budget.

Building Services
Position Hourly Rate
Building Official/CBO $170
Assistant Building Official $150
Building Inspector I $105
Building Inspector II $116
Building Inspector III $135
Inspector of Record $150
Plans Examiner (Structural) $165
Plans Examiner (Non-Structural) $149
Certified Access Specialist (CASp) $170
Permit Center Manager $130
Senior Permit Technician $110
Elevating municipal services with innovative solutions.

Urban37, Inc. | 20212 Redwood Road, #103C Castro Valley, CA 94546 | [email protected] Permit Technician $100
Planning/Housing Services
Position Hourly Rate
Planning Director $210
Housing Specialist $165
Senior Planner $165
Associate Planner $150
Assistant Planner $135
Planning Support $105
Code Enforcement Services
Position Hourly Rate
Code Enforcement Director $160
Code Enforcement Manager $140
Senior Code Enforcement Officer $135
Code Enforcement Officer $120
Housing Inspector $105
Public Works Services
Position Hourly Rate
Public Works Director $210
Senior Engineer $205
Public/Civil Works Inspector I $140
Public/Civil Works Inspector II $125
Civil/Storm Water Plan Review $160
Traffic Engineer $240
Elevating municipal services with innovative solutions.

Urban37, Inc. | 20212 Redwood Road, #103C Castro Valley, CA 94546 | [email protected] Fire Services
Position Hourly Rate
Fire Protection Engineer $230
Fire Inspector I $125
Fire Inspector II $140
Fire Plan Review $160
Additional Services
Position Hourly Rate
Project Manager $220
Administrative Support $90
Analyst $135
Director $190
Additional Information
● Customization: All services can be customized based on the specific needs and requirements of each municipality. Rates may vary accordingly.
● Travel and Expenses: Any travel or additional expenses incurred during the provision of services will be billed separately with prior client approval. ● All plan review services will be subject to a $300.00 minimum fee if percentage-based fee or two (2) hour minimum charge if hourly rates apply.
● For any work performed onsite for the jurisdiction, Urban37, Inc. will be reimbursed for mileage. The reimbursement rate will be calculated based on the current government mileage rate plus an additional 20%. The government mileage rate will be determined according to the applicable rate published by the IRS at the time the travel expenses are incurred. ● Staff Augmentation work is subject to a 4-hour minimum. ● The fee schedule for Urban37 is effective from July 1, 2026, through June 30, 2027. Please note that the fee schedule is subject to an annual adjustment based on the cost of living increase plus 1%. The adjustment will be applied each year to ensure our services remain competitive and reflective of current economic conditions. ● The City shall provide appropriate meal and rest breaks per California Labor Law. ● Invoicing for services will occur on a monthly basis. Our company will issue invoices at the end of each month, detailing the hours worked, including any approved overtime amount per California state law, and the corresponding charges. Payment terms and methods will be outlined in the invoice.
○ Overtime will only be billed with prior authorization of the Director or other responsible designated City personnel.

Elevating municipal services with innovative solutions.

Urban37, Inc. | 20212 Redwood Road, #103C Castro Valley, CA 94546 | [email protected] ● Payment is due upon receipt of the invoice. A 1.5% interest charge will be applied to any payments that are overdue by more than 30 days.
● The client is responsible for any attorneys' fees or other costs associated with collecting overdue amounts. Additionally, the client agrees that Urban37’s liability will be limited to the value of the services provided.

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AGREEMENT FOR PROFESSIONAL SERVICES

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O’Brien Code Consulting Agreement

PREAMBLE
THIS AGREEMENT is by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and O’Brien Code Consulting (“Consultant”), an S-Corp, whose address is P.O. Box 837, Dayton, NV 89403. This Agreement is made with reference to the following facts.

I. RECITALS
A. Town desires to engage Consultant to provide building division plan review.

B. Consultant represents and affirms that it is willing to perform the desired work pursuant to this Agreement.

II. AGREEMENT
A. Scope of Services. Consultant shall provide services as described in the Scope of Services, which is hereby incorporated by reference and attached as Exhibit A.

B. Term. The term of this Agreement shall be from July 1, 2026, to June 30, 2031.

D. Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.

Town further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant.

ATTACHMENT 6

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F. Compensation. Compensation for Consultant's professional services shall not exceed the rates set forth in Exhibit A, which is attached and incorporated by reference. Payment shall be based upon Town approval of each task.

Payment shall be net thirty (30) days. All invoices and statements to the Town shall be addressed as follows:

Invoices:

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and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant shall promptly notify Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship.

III. INSURANCE AND INDEMNIFICATION
A. Minimum Scope of Insurance.

B. General Liability.

3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees, or agents.

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4. Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability.

E. Indemnification. The Consultant shall indemnify the Town its elected and appointed officials, employees and agents from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by any act or omissions of the Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant. Consultant shall defend the Town against any such claims.

C. Mediation. Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation.

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same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.

E. Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Consultant.

F. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to:

Town of Los Gatos
Attn: Town Clerk
110 E. Main Street, Los Gatos, CA 95030
O’Brien Code Consulting
PO Box 837
Dayton, NV 89403-0837
or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.

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IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement.

TOWN OF LOS GATOS: CONSULTANT: Enter name of Consultant **signature_94577**

SIGNATURE
Chris Constantin

FULL NAME
Town Manager
TITLE
**date_signed_94577**

DATE SIGNED
**signature_94578**

SIGNATURE
Susan O’Brien

ENTER CONSULTANT SIGNATORY'S NAME
P.E, Leed AP, CASp, Principal

ENTER CONSULTANT SIGNATORY'S TITLE
**date_signed_94578**

DATE SIGNED
Approved as to form:
**signature_94579**

SIGNATURE
Gabrielle Whelan

FULL NAME
Town Attorney
TITLE
**date_signed_94579**

DATE SIGNED
Attest:
**signature_94579**

SIGNATURE
Wendy Wood

FULL NAME
CMC, Town Clerk
TITLE
**date_signed_94579**

DATE SIGNED
The execution date is the date on which the last party has signed.

Los Gatos City CouncilJune 2, 2026

Los Gatos City Council
June 2, 2026