Cities Index.
2022-05-24; City Council; ; Award a Professional-Services Agreement with True North Compliance Services for Building Plan Review Services

Carlsbad City Council
May 24, 2022

Document
2022-05-24; City Council; ; Award a Professional-Services Agreement with True North Compliance Services for Building Plan Review Services
Meeting
May 24, 2022
Body
Carlsbad City Council
Pages
1
Original file
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Text extracted from the city's file for reading and search. Open the original on records.carlsbadca.gov. That file is the official record.

CA Review __RK__
Meeting Date: May 24, 2022
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Jason Pasiut, Building Official
[email protected], 442-339-2788
Subject: Award a Professional-Services Agreement with True North Compliance Services for Building Plan Review Services
District: All
Reco
mmended Action
Adopt a resolution to approve a professional-services agreement with True North Compliance Services to provide building plan review services (Exhibit 1).

Executive Summary
The city contracts with an outside vendor to review building plans. The current professional services agreement for reviewing building permit plans with Interwest, a SafeBUILT company, (previously EsGil LLC) expires on June 14, 2022.

The city issued a request for proposals and, after reviewing them, staff identified True North Compliance Services as the best value vendor. (Interwest’s bids was determined to be non- responsive because it failed to submit all of the required documentation.) The proposed agreement will be effective for a period of four years and may be extended by the City Manager for one additional year.

The company is to be compensated by charging builders a fee for building plan review that equals 65% of the building permit fee that collected by the city, which varies depending on square footage and other factors.

According to Carlsbad Municipal Code Section 3.28.060 D.5, only the City Council can authorize the procurement of services that will cost the city more than $100,000 per agreement year, as is expected with this agreement.

Discussion
The city has contracted with Interwest to perform building plan review services since 1977.

Outsourcing this service gives the city access to specialized technical expertise and helps ensure that new construction is professionally reviewed for compliance with all state and local codes, including seismic, accessibility, plumbing, mechanical, electrical and life safety provisions.

Following the city’s standard contract policies and procedures, a new request for proposals was released, with a deadline of April 4, 2022. On March 2, 2022, the request for proposal was May 24, 2022
Item #3 Page 1 of 20

released and uploaded to PlanetBids, an online bidding site. The deadline for submittal of comments and/or questions was March 11, 2022; and responses to those questions were posted to the city’s E-Bidding site on March 15, 2022.

Nine bids were received. Interwest’s proposal did not provide a fixed fee cost or rate for the company’s services, so was determined to be nonresponsive.

Overall, most of the proposals proposed a cost recovery fee that ranged from 65% to 75% of the city’s collected building permit fee. (A brief overview of each bid proposal is provided in Exhibit

2.)
A rating panel, consisting of the Assistant Fire Marshal, a Senior Engineer and the Development Services Manager, was created to review each bid proposal in response to the request for proposals. Using specified evaluation criteria, each rater independently evaluated the proposals. Raters were asked to review and consider the contractor’s proposed services and methodology, overall response to the request, best value and cost, related experience of the contractor and turn-around times for providing services.

Interviews with the two short-listed firms were conducted on April 13, 2022, with the Building Official and the Assistant Director of Community Development. Based on a review of the written materials – and supported by the interview feedback – staff determined that True North Compliance Services can provide the best overall value and best meet the needs of the city. True North has the demonstrated experience, technical capabilities and resources to best assist the city with building plan review services. It also uses the plan review software that the city prefers.

True North will review building plans check within 10 working days for most projects, which is similar to the turnaround time provided by the current provider. True North will offer preliminary plan check reviews before applications are filed at no charge to the city or the applicant. This is an additional service that the existing contractor does not provide.

The proposed contract with True North (Attachment A to Exhibit 1) will maintain the current system, in which the contractor receives a share of total building permit revenues received by the city, less the portion allocated to specific construction-related fees required to be paid to the state.

True North would receive a cost recovery rate for its building plan review services that will be 65% of the building permit fees charged by the city. This is in addition to the city fee and is the same fee rate charged under the current contract. Because of that, the city will not need to amend the building permit plan review fees it charges customers.

Fiscal An
alysis
Fees collected from building permit applicants at the time of permit issuance cover the cost of building permit plan review services. This is a cost recovery service that is funded by building permit applicants, where the Building Division receives funds in the annual budget for building plan check review services and then remits funds for building plan check review services received from the payment of building permit fees and will have no impact on the General Fund. The cost for the first year of the service is already accounted for in the proposed fiscal year 2022-23 City Operating Budget. Future years will be forecasted and included in subsequent budgets.

May 24, 2022
Item #3 Page 2 of 20

Options
Staff recommend the City Council adopt a resolution awarding a professional-services agreement with True North Compliance Services for building plan review services. True North was identified as the best value vendor for the city and has the experience, technical capabilities and resources needed for this work.

Rejecting this agreement would mean the city would have to place this work out to bid again, perhaps with additional direction from the City Council. This would leave the city without a vendor to review building plans when the contract with the current provider expires June 14, 2022. In addition, a second round of bidding is not likely to result in any cost savings or additional benefits to the city, given the highly specialized nature of the work.

Next Steps
Over the past couple of years, the city has been working to implement electronic plan review system to reduce the amount of paperwork involved. Starting on Feb. 14, 2022, the city transitioned to Carlsbad’s Customer Self Service Portal for online services, including digital plan review and comments, as well as downloading plan review comments and approved plans.

Moving forward, certain types of permits must be applied for via the EnerGov online portal, which include residential decks, plumbing, re-roof, solar/cogen and patios. The web portal will allow for faster turnaround times, more self-service options, and document exchange. More services will come online over time.

As the city moves forward with implementing new EnerGov review platforms, it is anticipated that there will be plan review efficiencies on the applicant side of intake, as well as with plan checking. With the City Council’s approval of the agreement, staff will work with True North to prepare for a smooth transition when the company takes over building plan review services for the city. The services provided by True North will also help the city in its ongoing implementation of an electronic plan review system to reduce the amount of paperwork involved. City staff will monitor True North’s plan check process and identify issues and opportunities for efficiencies, and adjust contractual services as needed.

Environmental Evaluation
The City Planner has determined that the recommended action is exempt from environmental review under the California Environmental Quality Act because the action being considered by the City Council is not a “project” under section 15378(b)(5) of state guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.

Public Notification
Public notice of this item was posted in keeping with the state's Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date.

Exhibits

1. City Council resolution

2. Bid proposal comparison table
May 24, 2022
Item #3 Page 3 of 20
RESOLUTION NO. 2022-116

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,

CALIFORNIA, AWARDING A PROFESSIONAL SERVICES AGREEMENT WITH

TRUE NORTH COMPLIANCE SERVICES FOR BUILDING PLAN CHECK REVIEW

SERVICES
EXHIBIT 1
WHEREAS, it has been determined to be in the City of Carlsbad's best interest to retain the professional services of a consultant firm to provide comprehensive building plan check review services for construction projects on properties located in the city; and WHEREAS, fees collected from building permit applicants at the time of building permit issuance pay for and cover the cost of these building plan check review services and there is no impact on the city's General Fund; and
WHEREAS, the Building Division solicited proposals (RFP 22-11) for plan check and/or inspection services and received eight responsive bids by the deadline; and WHEREAS, a review panel evaluated the bids and identified the top two firms and interviewed each of them. The Building Official determined True North Compliance Services represents the best choice to providing contract building plan check review services for the city; and WHEREAS, staff have negotiated an agreement with True North Compliance Services for both an initial four-year term and an optional one-year extension.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:

1. That the above recitations are true and correct.

2. That the agreement with True North Compliance Services for professional, building plan check review services (Attachment A) is approved and the City Manager is authorized to execute the agreement and any optional extension to the agreement.

May 24, 2022 Item #3 Page 4 of 20
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 24th day of May, 2022, by the following vote, to wit:

AYES:

NAYS:

ABSENT:

Hall, Blackburn, Bhat-Patel, Acosta, Norby.

None.

None.

MATT HALL, Mayor
� FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
May 24, 2022 Item #3 Page 5 of 20

AGREEMENT FOR BUILDING PLAN CHECK SERVICES
TRUE NORTH COMPLIANCE SERVICES, INC.

ATTACHMENT A
~
THIS AGREEMENT is made and entered into as of the 1- ~ day of - - --~-.------' 2022, by and between the CITY OF CARLSBAD, a municipal corporation, ("Cit "), and TRUE NORTH COMPLIANCE SERVICES, INC., a California corporation ("Contractor").

RECITALS
A. City requires the professional services of a building plan check contractor to provide the necessary building plan check services for proposed construction projects and is experienced in current building codes as adopted by the City.

B. Contractor has the necessary experience in providing professional services and advice related to building plan check.

C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work .

NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows:

1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions.

2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise.

3. TERM
The term of this Agreement will be effective for a period of four (4) years from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement.

4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agre~ment.

5. COMPENSATION
The total fee payable for Services to be performed during the initial Agreement term will be as indicated in Exhibit A as 65% of the calculated Building Permit fee. The Building Permit fee is calculated using the square foot measurement of proposed construction. Use of project valuation is also needed for certain state fees and for CalGreen and accessibility codes. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this May 24, 2022 Item #3 Page 6 of 20
Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services as specified in Exhibit "A".

Incremental pay ments, if applicable, should be made as outlined in attached Exhibit "A".

6. S TATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes.

The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor.

7. S

UBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City.

8. OT

HER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.

9. I NDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.

The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement.

10. I NSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in May 24, 2022
Item #3 Page 7 of 20
connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A- :VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report.

10.1 C overage and Limits.

Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement.

City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor.

If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense.

The full limits available to the named insured shall also be available and applicable to the City as an additional insured.

10.1.1 C
ommercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

10.1.2 Automobile Liab
ility. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage.

10.1.3 W orkers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this.

10.1.4 P rofessional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not le ss than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work.

10.2 A dditional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions:

10.2.1 The C ity will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City.

10.2.2 C ontractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage.

10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement.

10.3 P roviding Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City.

May 24, 2022
Item #3 Page 8 of 20

10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement.

10.5 S ubmission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements.

11. BUS INESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time.

12. A CCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

13. O

WNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records.

14. CO

PYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City.

15. NO TICES
The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement.

For Cit
y For Contractor
Name Jason Pasiut Name Isam Hasenin
Title Building Official Title Principal
Department Community Development Address 990 Highland Dr., #212-S City of Carlsbad Solana Beach, CA 92075
Address 1635 Faraday Avenue Phone No. 858-260-0495
Carlsbad, CA 92008 Em ail [email protected]
Phone No. 442-339-2788
May 24, 2022
Item #3 Page 9 of 20
Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address.

16. CONFLICT OF I NTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories.

Yes No

17. GENERAL C OMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations.

Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement.

18. DISCRIMINATION A ND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment.

19. DISPUTE RE

SOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus ob tained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law.

20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement.

May 24, 2022
Item #3 Page 10 of 20
□ ■
Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made.

21. CO VENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.

22. C LAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq. , the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement.

23. J

URISDICTION AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county.

24. S UCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld.

25. E

NTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties.

May 24, 2022
Item #3 Page 11 of 20

26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement.

TRUE NORTH COMPLIANCE SERVICES,
INC., a Californ ia corporation
By:
(sign here)
Isam Hasenin/CEO
(print name/title)
By:
(sign here)
Isam Hasenin/CFO
(print name/title)
By:

ATTEST:

RLSBAD , a municipal
f the State of California

COTT CHADWICK
City Manager
J2c
~FAVIOLA MEDINA
City Clerk Services Manager
If required by City, proper notarial acknowledgment of execution by contractor must be attached . !f a corporation , Agreement must be signed by one corporate officer from each of the following two groups.

Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise , the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation .

APPROVED AS TO FORM:

CELIA A. BREWER , City Attorney
BY: -------------Assistant City Attorney
May 24, 2022 Item #3 Page 12 of 20
EXHIBIT “A”

SCOPE OF SERVICES
Section IV- Work Approach/Methodology
Our team is available to handle questions and issues raised by City staff and/or the applicants throughout the day. Our managers are available around the clock to handle whatever needs our clients might have. We keep an open line of communications with staff and applicants to streamline and expedite the review and approval of projects being reviewed.

Plan R eview Procedures
The following approach and procedures will apply to Plan Review Services. It may be adjusted to better accommodate the specific needs of the City of Carlsbad:

1. All document/plan reviews shall be based on the City of Carlsbad Municipal Code, applicable federal and state laws and regulations, Title 24 California Code of Regulations, and the City’s Building Division plan review standards and policies. Plan review shall cover structural, fire and life safety, architectural, accessibility, OSHPD -3, energy conservation, green building, grading, plumbing, mechanical and electrical installations in residential, commercial, and industrial projects for new, existing and historical buildings, structures and facilities and Title 25; Mobile Home Parks and Special Occupancy regulations

2. We will pick -up and drop off plans at the City of Carlsbad Permit Center on Monday, Wednesday and Friday each week, or upload immediately into our cloud- based database for electronic submittals.

3. Review all plan check applications for accuracy and make all necessary revisions to such items as description, square footage, type of construction, occupancy and uses.

4. Format plan review comment lists to compliment the style and requirements of the City of Carlsbad.

5. Prepare a standard template specific to the City of Carlsbad to identify specific requirements and items of interest and focus to the City Building Division.

6. Our plan review philosophy is to perform a thorough review during the first submittal of plans in order to avoid new comments on any subsequent submittals.

7. Open lines of communication with the Building Official and other City managers and staff to ensure accuracy in enforcing City policies, procedures and regulations.

8. Conduct plan reviews within the agreed upon turn- around times established by the City of Carlsbad.

9. Our team is available to review projects on an expedited basis within the designat ed turn- around times.

10. Review deferred submittals and revisions within assigned due dates.

11. Email plan check comments to applicant and designated Building staff and review pertinent building/project data and information required on permit application. Building/project data such as description of work, type of construction, uses, occupancy classification, occupant load, floor area, number of stories, sprinklered (yes or no) etc. will be provided on the transmittal letter and will be entered into the city’s Energov system for each project.

12. Supply hard copy or electronic plan review comment, approval letters, and project invoices as required by the City of Carlsbad.

May 24, 2022
Item #3 Page 13 of 20

13. When final review is approved, we will deliver two final sets of approved plans with approval stamps and signatures to the City within 24 (twenty-four) hours of final review and approval.

14. Be available, during regular business hours, to discuss and clarify plan check issues with applicants, designers, owners and consultants. Resolution of code issues may be performed by telephone, or meetings, prior to resubmitting corrected plans and documents.

15. Any plan check issues not resolved between the reviewer and the architect/engineer of record after the second review cycle will be quickly elevated to our QC Manager who will in turn discuss with the Building Official and come up with resolution to the outstanding issues.

16. Communicate and/or meet with the applicant, architect, engineer, other City departments or agencies, as necessary to assist with plan review responses.

17. Participate in pre-submittal meetings during preliminary design or working drawing stages to provide high level code review and discussion to ensure a smooth and timely plan review process.

18. Our President, Isam Hasenin will be available to provide technical support and advice to City staff and managers related to code application and review of Requests for Alternate materials and Methods, administrative aspects of the department, permit fee analysis, preparing local amendments and ordinances and similar services.

19. We will utilize the City’s EnerGov Permit Tracking System to enter and monitor plan- checking status information and project data as stated in number 11 into the Energov record.

20. We have a fully automated web-based project tracking system to enter and track all projects assigned by the City. City staff, project applicants and managers can access the system anytime to check the backlog, status and due dates of any project. They can also review copies of comment lists prepared by our staff. If the City agrees, we can provide access to applicants so they can check status of their projects online without having to call the City or come to the Building & Safety counter.

Here is a screen shot of the plan log screen:

Electronic Pl
an Review
True North Compliance Services is able to receive, process, plan review, markup and approval stamp plans electronically and return the electronic plans back to the City. More specifically:

1. We will adhere to the City’s Electronic Plan Review guidelines and policies.

2. We are able to receive and route submittal documents utilizing cloud storage (Box, SharePoint, Drop Box, etc.) links or any other preferred method of the City.

3. Our staff will use Blue Beam to perform the review or other City-required platform.

4. We will provid e redline mark ups on the plans with Blue Beam. Then transferring a marked- up image of the plans onto the plan review comments. This process will simplify the comments for the applicant resulting in less plan review iterations.

5. When the plan check and recheck processes are complete and the plans and corresponding documentation are deemed in full code compliance, we will sign and stamp the electronic plan set and corresponding documents.

6. Our entire team is equipped with latest technology (highspeed compu ters, multiple large monitors, latest version of Blue Beam, access to cloud storage, etc.) to easily perform plan reviews electronically.

May 24, 2022
Item #3 Page 14 of 20
Plan Check Turn-Around Times
We commit to meeting the City’s turn-around times on all projects reviewed by our team. Our web- based project tracking system allows both our reviewers and permit technicians to stay on top of project due dates.

Below are our standard review times.

PLAN CHECK TYPE 1ST REVIEW
(working days)
RE-CHECKS*
(working days)
New Single-family Residential 7 5
Residential and commercial
additions, Remodels, demos and
pools, Tenant Improvements
5 3
Commercial, multi-family, industrial
projects under 10,000 sq ft
10 5
Commercial, multi-family, industrial
projects over 10,000 sq ft
15 5
* “Express Rechecks By Appointment”
We are pleased and excited to offer the City of Carlsbad our new and innovative solution to expedite and streamline the recheck process. The program, “Express Recheck By Appointment” is a revolutionary approach to expedite the recheck process, minimize the number of review cycles, reduce frustrations and miscommunications between applicants and plan checkers and reduce the workload of City staff in intaking, routing and tracking of the many cycles of plan check and rechecks on submitted projects. The program will be offered at no additional cost to the applicant or City. The service applies to the vast majority of projects reviewed by our staff. Once the applicant is ready for the recheck, he/she will contact True North Office to schedule the “Express Recheck By Appointment”. The appointment will be scheduled within 48 hours of the request. Our plan reviewer will perform the recheck over video-conferencing meeting and sign off items completed.

Building I
nspection Services
True North Compliance Services, Inc. is pleased to offer excellent on -call Building Inspection Services to the City of Carlsbad. Our inspectors have extensive construction and trade experience in addition to their Code knowledge, allowing for a practical approach to applying Code provisions during the inspection process. Similar to our Plan Review process, our inspectors employ the following procedures to maximize project success. These procedures may be adjusted to better accommodate your jurisdiction.

1. Become familiar with the inspection style and requirements of the City of Carlsbad.

2. Provide inspection services and assure that construction complies with plans and is in compliances with the most recently adopted codes, policies, and procedures.

3. Perform inspections on construction projects to verify compliance with City of Carlsbad Municipal Code and State codes and regulations: California Building Code, Residential Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code, Energy Code, Green Building Standards Code, Disabled Access Regulations, and Title 25; Mobile Home Parks regulations; State Water Resource Control Board regulations related to storm water pollution prevention; Sound May 24, 2022
Item #3 Page 15 of 20
Transmission Control regulations; and, locally adopted building ordinances and amendments thereof.

4. Inspect for compliance with applicable conditions of approval set forth by the City's Community Development Department, Planning Commission, and/or City Council.

5. Inspectors will possess and maintain necessary certifications required to perform inspections.

6. Be equipped with all necessary tools needed to perform inspections, including a complete set of current code books.

7. Assist in the coordination of job site conferences with technical consultants, engineers, architects, representatives of the owner, equipment manufacturers, and subcontractors to review project requirements, and clarify or resolving any questions or problems prior to commencing work.

8. Prepare inspection notices of noncompliance on incorrect construction methods or material found during inspection; confer with contractor or representative regarding construction methods and procedures as they relate to compliance with plans and specifications.

9. Maintain a record of non-complying items and follow up to achieve resolution of such items.

Record all significant construction-related activities and events such as work completed to provide a chronological and factual history of inspection on assigned construction projects.

10. Engage with Building & Safety Division staff to understand the City’s permitting process, forms, policies, and clients.

11. Adapt to the City’s needs to allow for easy integration into the day- to-day inspection operations.

12. Communicate daily with the City’s Principal Building Inspector for assignments and to identify potential issues.

13. Coordinate with various City and County agencies and departments and other governmental agencies providing services, and/or having jurisdiction over any aspect of a development project.

14. Maintain contact while in the field to answer questions, reschedule inspections, and support City staff.

15. Serve as a resource and provide information on City regulations to property owners, residents, businesses, the general public and other City departments.

16. Build a rapport with frequent contractors and teams on continuing projects.

17. Update the City’s permit tracking software as necessary, including transferring all applicable field notes.

18. Perform and/or attend on-site and in-office preconstruction meetings as required.

19. Communicate and/or meet with applicants, contractors, engineers, architects, etc., as necessary to assist with corrections and general project questions.

Building P
ermit Technician Services
True North Compliance Services, Inc. believes that the permit technician position is one of the toughest positions in the Building Division. Being at the counter all day long handling customer contacts, questions and issues is challenging, especially as we experience the high volume of work and high customer traffic at the public counter. That’s why we believe it takes a certain type of personality to be successful at the position. It’s someone who is pleasant, calm, patient, excellent May 24, 2022
Item #3 Page 16 of 20
interpersonal skills and ability to use automation systems. We are pleased to offer staff who meet these criteria and qualifications. More specifically, the permit technician will:

1. Provide the services of a permit technician to cover the Building public counter, answer phone calls and issue permits.

2. Maintain communications with applicants, interested parties, property owners, homeowner associations, various governmental agencies, and other City departments. Respond to inquiries about projects from residents and applicants.

3. Utilize City electronic and paper files to research previous and/or related permits.

4. Review permit application for completeness, perform fee calculations, route plans, verify approvals and conditions and issue permits.

5. Use the City’s permitting system to file permit ap plications, calculate fees, research zoning and planning requirements, enter approvals and route plans to appropriate divisions and departments.

6. Provide excellent service to all customers from a homeowner to large developers and designers.

7. Have excellent interpersonal skills, calm demeanor, patient and be a good listener Quality C
ontrol Program
True North Compliance’s core values in delivering municipal services are: Ethics, Transparency, Collaboration, Empathy, Customer -Centric service, Communications, and Fiscal Prudence. High quality service, professionalism and excellence in the delivery of municipal services are at the core of what True North Compliance stands for. We share the City’s commitment to delivering responsive and timely service without compromising the quality of the service. To that end, we developed and implemented a rigorous internal quality control and assurance program for all of our services.

Plan Review and Counter Services
Our established internal intake, plan review, quality control and customer contact procedures ensure that submittals are properly coordinated, tracked and managed. Our plan tracking procedures are designed to track each submittal throughout the review process and maintain accurate and comprehensive records for each submittal. To accomplish this goal, we follow this procedure:

1. We m onit
or our staff’s performance and interaction with customers at the counter by having customer surveys available for the applicants to complete. We will also randomly call applicants who received our service to check on their satisfaction with the services received from our staff. We will monitor phone calls and produce period reports of customer satisfaction. We will train and provide feedback to our staff related to their customer service skills.

2. Once we receive a project for review from the City, our document control staff screens and logs the project into our internal project tracking system with all appropriate information such as description, scope, review disciplines, Building Department staff, design team contact person and due dates.

3. Our QC Manager will perform an initial cursory review of the project to determine if there are any major code compliance issues that may require immediate discussion with the Building division staff and/or design team, then depending on the complexity of the project, assigns to appropriate True North plan review engineers/plans examiners.

4. Plans are assigned to engineers or plans examiners for each of the required disciplines with notes from the QC manager
May 24, 2022
Item #3 Page 17 of 20

5. Once the plan review is complete, True North QC Manager will perform quality control of the project by reviewing the project and comments prepared by the assigned plan review engineer/plans examiner.

6. Following the QC phase, final comments will be generated and sent to the Building & Safety Division staff and designated design team member.

Inspection S ervices
Similar to our plan check quality control program, we have a rigorous internal quality control and assurance program for our inspection services. Main elements of our program include:

1. Rigorous hiring program to ensure that we only hire highly competent professional and friendly inspectors who believe in True North’s core values and guiding principles.

2. Thorough on-boarding and training program for our team.

3. On-going technical training on latest codes, interpretations, technology and construction methods and techniques.

4. Regular staff meetings to communicate policies, procedures and provide directions.

5. Regular feedback loop on staff performance.

6. Announced and un-announced audits of inspectors by our Chief of Inspections.

7. Regular feedback meetings with City’s Building Official and staff to obtain feedback and input on our staff’s performance.

8. Periodic calls to contractors to seek feedback on performance of our inspection staff.

9. Regular meetings with our inspectors to evaluate performance, offer critique and corrective actions if necessary.

Fee Schedule
Services not listed below may be negotiated.

Plan R eview Services
Plan Review Fee: 65% of the City’s Permit Fees. Fee includes initial review and all subsequent rechecks. Fee includes shipping and delivery of plans to/from the building division located at 1635 Faraday Avenue, Carlsbad. We will not charge the city for picking up and dropping off of plans.

We will expedite plan reviews when requested by t he city. Revisions/Deferred will be billed per the hourly rates table below.

Additional Services: The following hourly rate table applies to additional services included in our Scope of Services that may be required by the City of Carlsbad.

May 24, 2022
Item #3 Page 18 of 20
Hourly Rates for Additional Services
Position Hourly Ra te
Interim Certified Building Official $145.00
Plan Review Engineer $120.00
Senior Plan Review Engineer $135.00
Structural Engineer $130.00
Senior Structural Engineer $145.00
Certified Engineering Geologist/Geotechnical
Engineer
$140.00
Licensed Fire Protection Engineer $145.00
Certified Plans Examiner I $95.00
Certified Plans Examiner II $105.00
Building/Housing Inspector I $90.00
Building/Housing Inspector II $100.00
Senior Building/Housing Inspector $110.00
Code Enforcement Officer $100.00
CASp Plan Reviewer/Inspector $120.00
Fire Plan Reviewer/Inspector I $110.00
Fire Plan Reviewer/Inspector II $125.00
Planner $125.00
Senior Planner $140.00
Permit Technician I $65.00
Permit Technician II $75.00
Administrative Assistant $55.00
Mileage for tasks related to requested scope such as inspections or site visits will be charged at the current IRS mileage rate measured from City Hall. Inspections outside of City business hours will be charged at 1.5 X the hourly rate with a 3-hours minimum. Incidental expenses will be charged at cost.

May 24, 2022
Item #3 Page 19 of 20
EXHIBIT 2

Page 1 of 1 ends

RFP 22-11: Bid Comparison Table

Firm Name

Location Plan Review
Timeline
Review
Platform
Plan Check
Experience /
Capabilities
Inspector
Experience /
Capabilities

Fee Schedule

Interwest, a
SAFEbuilt Co.

San Diego /
Orange
10 working for
most projects
Bluebeam,
Drop Box
High High None provided*
True North
Compliance
Services, Inc.

San Diego 10 working for
most projects
Bluebeam,
Drop Box
High High 65% of Plan
Check Fee and
$90 – $110 for
inspections
4 Leaf Northern CA
with San Diego
office
10 working days,
larger projects
negotiable
Bluebeam,
EZ Plan
Review
Average High 70% of Plan Check
Fee and $105 –
$125 for
inspections
Bureau Veritas San Diego 5 working days,
depends for larger
projects
City Works
and Onbase
High High 75% of Plan Check
Fee and $95 –
$125 for
inspections
JLee Engineering LA County 5-15 working
days
Bluebeam,
others
High Average 75% of Plan Check
Fee and $105 –
$115 for
inspections
Scott Fazekas &
Associates
Irvine, CA 10-15 working days Bluebeam,
others
Average Low / NA 75% of Plan Check
Fee
CSG Consultants Foster City, CA 5-10 working
days
CSG web
based
application
High Average 60% of Plan Check
Fee and $95 –
$125 for
inspections
Transtech
Engineers, Inc.

Chino, CA 3-25 working
days
eplansoft and
others
Average Average 65% of Plan Check
Fee and $118 –
$134 for
inspections
West Coast Code
Consutants
Irvine, CA 5-20 working days eProcess360
software
platform

Average Low / NA 40% - 65% of Plan
Check Fee

*The current contract with Interwest, A SAFEbuilt Co., includes 65 percent of building permit fees. However, no cost estimates or fee rates were provided in the bid provided in response to RFP 22 -11.

May 24, 2022
Item #3 Page 20 of 20

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