15-230191-CONTRACT_WILLDAN ENGINEERING_SIGNED.PDF
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CONTRACT BLDG., CONSTRUCTION, WATER AND
WASTEWATER PLAN REVIEW SERIAL 230191-RFP
This Contract is entered into this 27th day of MARCH, 2024 by and between Maricopa County (“County”), a
political subdivision of the State of Arizona, and Willdan Engineering, an Arizona corporation (“Contractor”)
for the purchase of building, construction, water and wastewater plan review services.
1.0
CONTRACT TERM
This Contract is for a term of one year, beginning on the 1st day of APRIL, 2024 and ending the 31st
day of MARCH, 2025.
2.0
OPTION TO RENEW
The County may, at its option and with the agreement of the Contractor, renew the term of this
Contract for additional terms up to a maximum of four additional years, (or at the County’s sole
discretion, extend the contract on a month-to-month bases for a maximum of six months after
expiration). The Contractor shall be notified in writing by the Office of Procurement Services of the
County’s intention to renew the contract term at least 60 calendar days prior to the expiration of the
original contract term.
3.0
CONTRACT COMPLETION
In preparation for contract completion, the Contractor shall make all reasonable efforts for an
orderly transition of its duties and responsibilities to another provider and/or to the County. This
may include, but is not limited to, preparation of a transition plan and cooperation with the County
or other providers in the transition. The transition includes the transfer of all records and other data
in the possession, custody, or control of the Contractor that are required to be provided to the
County either by the terms of this agreement or as a matter of law. The provisions of this clause
shall survive the expiration or termination of this agreement.
4.0
PRICE ADJUSTMENTS
Any requests for reasonable price adjustments must be submitted 60 calendar days prior to
contract expiration. Requests for adjustment in cost of labor and/or materials must be supported
by appropriate documentation. The reasonableness of the request will be determined by comparing
the request with the Consumer Price Index or by performing a market survey. If County agrees to
the adjusted price terms, County shall issue written approval of the change and provide an updated
version of the contract. The new change shall not be in effect until the date stipulated on the
updated version of the contract.
5.0
PAYMENTS
5.1
As consideration for performance of the duties described herein, County shall pay
Contractor the sum(s) stated in Exhibit “A-1 – Pricing.”
5.2
Payment shall be made upon the County’s receipt of a properly completed invoice.
SERIAL 230191-RFP
5.3
INVOICES
5.3.1
The Contractor shall submit one legible copy of their detailed invoice before
payment(s) will be made. Incomplete invoices will not be processed. At a minimum,
the invoice must provide the following information:
•
Company name, address, and contact information
•
County bill-to name and contact information
•
Contract serial number
•
County purchase order number
•
Project name/or number
•
Invoice number and date
•
Payment terms
•
Date of service or delivery
•
Number of Hours
•
Arrival and completion time
•
Contract item number(s)
•
Description of service provided
•
Pricing per unit of service
•
Extended price
•
Mileage w/rate (if applicable)
•
Total Amount Due
5.3.2
Problems regarding billing or invoicing shall be directed to the department as listed
on the Purchase Order.
5.3.3
Payment shall only be made to the Contractor by Accounts Payable through the
Maricopa County Vendor Express Payment Program. This is an electronic funds
transfer (EFT) process. After contract award, the Contractor shall complete the
Vendor Registration Form accessible from the County Department of Finance
Vendor
Registration
Web
Site
https://www.maricopa.gov/5169/Vendor-
Information.
5.3.4
Discounts offered in the contract shall be calculated based on the date a properly
completed invoice is received by the County.
5.3.5
EFT payments to the routing and account numbers designated by the Contractor
shall include the details on the specific invoices that the payment covers. The
Contractor is required to discuss remittance delivery capabilities with their
designated financial institution for access to those details.
5.4
APPLICABLE TAXES
5.4.1
It is the responsibility of the Contractor to determine any and all applicable taxes
and include those taxes in their proposal. The legal liability to remit the tax is on
the entity conducting business in Arizona. Tax is not a determining factor in
contract award.
5.4.2
The County will look at the price or offer submitted and will not deduct, add, or alter
pricing based on speculation or application of any taxes, nor will the County
provide Contractor any advice or guidance regarding taxes. If you have questions
regarding your tax liability, seek advice from a tax professional prior to submitting
your bid. You may also find information at https://www.azdor.gov/Business.aspx.
Once your bid is submitted, the offer is valid for the time specified in this solicitation,
regardless of mistake or omission of tax liability. If the County finds overpayment
of a project due to tax consideration that was not due, the Contractor will be liable
to the County for that amount, and by contracting with the County agrees to remit
any overpayments back to the County for miscalculations on taxes included in a
bid price.
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5.4.3
Tax Indemnification: Contractor and all subcontractors shall pay all Federal, State,
and local taxes applicable to their operation and any persons employed by the
Contractor. Contractor shall, and require all subcontractors to, hold Maricopa
County harmless from any responsibility for taxes, damages, and interest, if
applicable, contributions required under Federal and/or State and local laws and
regulations, and any other costs including: transaction privilege taxes,
unemployment
compensation
insurance,
Social
Security,
and
workers’
compensation. Contractor may be required to establish, to the satisfaction of
County, that any and all fees and taxes due to the City or the State of Arizona for
any license or transaction privilege taxes, use taxes, or similar excise taxes are
currently paid (except for matters under legal protest).
6.0
AVAILABILITY OF FUNDS
6.1
The provisions of this contract relating to payment for services shall become effective when
funds assigned for the purpose of compensating the Contractor as herein provided are
actually available to County for disbursement. The County shall be the sole judge and
authority in determining the availability of funds under this contract. County shall keep the
Contractor fully informed as to the availability of funds.
6.2
If any action is taken by, any State agency, Federal department, or any other agency or
instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in
connection with, this contract, County may amend, suspend, decrease, or terminate its
obligations under, or in connection with, this contract. In the event of termination, County
shall be liable for payment only for services rendered prior to the effective date of the
termination, provided that such services are performed in accordance with the provisions
of this contract. County shall give written notice of the effective date of any suspension,
amendment, or termination under this section, at least 10 days in advance.
7.0
STRATEGIC ALLIANCE for VOLUME EXPENDITURES (SAVE)
The County is a member of the SAVE cooperative purchasing group. SAVE includes the State of
Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts.
Under the SAVE Cooperative Purchasing Agreement, and with the concurrence of the successful
respondent under this solicitation, a member of SAVE may access a contract resulting from a
solicitation issued by the County. If contractor does not want to grant such access to a member of
SAVE, state so in contractor’s bid. In the absence of a statement to the contrary, the County will
assume that contractor does wish to grant access to any contract that may result from this bid. The
County assumes no responsibility for any purchases by using entities.
8.0
INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPAs)
County currently holds ICPAs with numerous governmental entities. These agreements allow those
entities, with the approval of the Contractor, to purchase their requirements under the terms and
conditions of the County contract. It is the responsibility of the non-County government entity to
perform its own due diligence on the acceptability of the contract under its applicable procurement
rules, processes, and procedures. Certain governmental agencies may not require an ICPA and
may utilize this contract if it meets their individual requirements. Other governmental agencies may
enter into a separate Statement of Work with the Contractor to meet their own requirements. The
County is not a party to any uses of this contract by other governmental entities.
9.0
DUTIES
9.1
The Contractor shall perform all duties stated in Exhibit B – Scope of Work, or as otherwise
directed in writing by the procurement officer.
9.2
WORK PRODUCT (P&D)
SERIAL 230191-RFP
The work product shall consist of written comments, with red-lined plans if requested by P&D,
or online plan review comments, data entry and/or digital redlines, as applicable. The
comments or approval/denial letter and one set of plans, if applicable, shall be returned to
P&D after each review is completed.
9.3
WORK PRODUCT (MCESD)
The work product shall consist of written comments to clearly describe deficiencies in the
plans due to failure of the design to comply with a regulatory requirement, or a letter of
approval if no deficiencies are found. Associated red-lined plans may also be submitted as
necessary to clarify, but not act as a substitute for, written comments. Should MCESD obtain
online submittal capabilities during the contract period, the work product may be expanded
to include online plan review comments and/or digital red-lines. The comments or
approval/denial letter in electronic form shall be prepared using an MCESD-provided format
after each review is completed and returned to MCESD. Plans shall also be returned to
MCESD.
9.4
ADOPTED CODES (P&D)
P&D will supply the current adopted building codes and local amendments. P&D will also
supply a digital copy of the adopted zoning ordinance, which will include the drainage
regulations, and necessary transportation regulations, as applicable, to the contractor. Future
local amendments to the building code and additional zoning ordinance and drainage
regulatory amendments are anticipated during the proposed length of this contract. P&D will
provide copies of these changes to the contractor prior to their effective date. Copies of other
codes shall be the responsibility of the contractor.
9.5
ADOPTED CODES (MCESD)
MCESD will supply the contractor with a digital copy of County and State or Arizona
regulations applicable to the scope of work (SOW). These regulations will include but are not
limited to the Maricopa County Environmental Health Code (MCEHC); Arizona Administrative
Code (A.A.C.) Title 18, Chapters 4, 5 and 9; and Arizona Department of Environmental
Quality (ADEQ) Engineering Bulletin 10. MCESD policy documents that provide
interpretation of regulations may also be provided to assist the contractor. Copies of other
codes and civil engineering design reference materials shall be the responsibility of the
contractor.
9.6
REVIEW PROCESS
9.6.1 The County P&D review process for jobs selected under this contract shall be as
follows (The review process for jobs selected under this contract may be modified
for online plan review projects):
9.6.1.1
County accepts application or resubmission.
9.6.1.2
County determines what jobs will be reviewed by outside firm.
9.6.1.3
Contractor notified of job.
9.6.1.3.1
If the contractor is located outside of the County, this will be
done by mailing job or sending electronically.
9.6.1.3.2
If the contractor is located inside of the County, the job will
be picked up on the following County working day or sent
electronically.
9.6.1.4
Provide two copies of plans and a copy of the application per job, if
applicable.
SERIAL 230191-RFP
9.6.1.5
Plans reviewed and delivered back to P&D within seven County working
days.
9.6.1.5.1
If the contractor is located outside of the County, this will be
done by mailing job back to P&D with written comments.
9.6.1.6
P&D enters plan review information into computer.
9.6.1.7
County notifies applicant.
9.6.1.8
Applicant comes to receive permit and pickup plans or comments.
9.6.1.9
County answers plan review questions of applicant.
9.6.1.10 Alternatively, a representative of the contractor may be asked to work at
P&D offices to simplify this routing process.
9.6.1.11 For inspections, the County will notify the contractor and the contractor will
make the inspection within three business days, or within an alternate
timeframe determined with the contractor in advance and submit a written
inspection report to the County.
9.6.1.12 Any single job may require as few as one review of submitted plans or
generally not more than three reviews of submitted plans. Additional or
special reviews may be completed at hourly rates. The result of a review
of plans shall be a letter indicating approval of plans as submitted or
provision of comments. Work may also include on-site inspections. Once
a job has been assigned under this contract, it will proceed to approval,
denial, expiration, or withdrawal by applicant under this contract.
9.6.1.13 If written review comments are unclear only P&D staff may request
clarification from the reviewer. Any such clarifications shall be considered
as part of the SOW covered by that job under this contract.
9.6.2
The County MCESD review process for jobs selected under this contract shall be as
follows:
9.6.2.1
County accepts application or resubmission from applicant.
9.6.2.2
County determines what jobs will be reviewed by contractor.
9.6.2.3
Contractor notified of job assignment.
9.6.2.4
County will provide contractor with one copy of plans, associated design
report (if available) and application for each job.
9.6.2.5
County will package materials for transport with shipping materials
provided by the contractor.
9.6.2.6
Contactor shall arrange for delivery to the contractor’s site within two
business days after notice of job availability at no cost to the County.
9.6.2.7
Contractor shall complete review, prepare the work product and return the
original review material and work product to MCESD within seven County
working days of receipt.
SERIAL 230191-RFP
9.6.2.8
County reviews work product and contacts contractor for clarification, if
needed. Contractor responds within one day. Any such clarifications shall
be considered as part of the SOW covered by that job under this contract.
9.6.2.9
County prepares transmittal to applicant and enters plan review
information into data system record.
9.6.2.10 County provides applicant with review comments or plan approval.
9.6.2.11 Applicant provides County with response to comments in writing or with
revised plans.
9.6.2.12 County may evaluate applicant responses or assign the re-evaluation job
to the contractor.
9.6.3
Any single job may require as few as one review of submitted plans but generally no
more than three reviews of submitted plans. Additional or special reviews may be
completed at hourly rates, as determined by the County. The result of a review of
plans shall be a letter indicating approval of plans as submitted or provision of
comments.
9.7
VOLUME OF WORK
9.7.1
Work assigned will vary as to number of specific jobs assigned, but in no case shall
exceed $2,000,000.00 annually. This is a maximum annual expenditure threshold,
and because this contract will be used on an as needed basis, the County makes no
guarantee as to the actual spend under any resultant contracts.
10.0
TERMS and CONDITIONS:
10.1
INDEMNIFICATION
10.1.1 To the fullest extent permitted by law, and to the extent that claims, damages,
losses, or expenses are not covered and paid by insurance purchased by the
contractor, the contractor shall defend, indemnify, and hold harmless the County
(as Owner), its agents, representatives, officers, directors, officials, and employees
from and against all claims, damages, losses, and expenses (including, but not
limited to attorneys' fees, court costs, expert witness fees, and the costs and
attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted
from, the negligent acts, errors, omissions, or mistakes relating to the performance
of this contract.
10.1.2 Contractor's duty to defend, indemnify, and hold harmless the County, its agents,
representatives, officers, directors, officials, and employees shall arise in
connection with any claim, damage, loss, or expense that is attributable to bodily
injury, sickness, disease, death, or injury to, impairment of, or destruction of
tangible property, including loss of use resulting therefrom, caused by negligent
acts, errors, omissions, or mistakes in the performance of this contract, but only to
the extent caused by the negligent acts or omissions of the contractor, a
subcontractor, anyone directly or indirectly employed by them, or anyone for
whose acts they may be liable, regardless of whether or not such claim, damage,
loss, or expense is caused in part by a party indemnified hereunder.
10.1.3 The amount and type of insurance coverage requirements set forth herein will in
no way be construed as limiting the scope of the indemnity in this section.
10.1.4 The scope of this indemnification does not extend to the sole negligence of County.
10.2
INSURANCE
SERIAL 230191-RFP
10.2.1 Contractor, at Contractor’s own expense, shall purchase and maintain, at a
minimum, the herein stipulated insurance from a company or companies duly
licensed by the State of Arizona and possessing an AM Best, Inc. category rating
of B++. In lieu of State of Arizona licensing, the stipulated insurance may be
purchased from a company or companies, which are authorized to do business in
the State of Arizona, provided that said insurance companies meet the approval of
County. The form of any insurance policies and forms must be acceptable to
County.
10.2.2 All insurance required herein shall be maintained in full force and effect until all
work or service required to be performed under the terms of the contract is
satisfactorily completed and formally accepted. Failure to do so may, at the sole
discretion of County, constitute a material breach of this contract.
10.2.3 In the event that the insurance required is written on a claims-made basis,
Contractor warrants that any retroactive date under the policy shall precede the
effective date of this contract and either continuous coverage will be maintained,
or an extended discovery period will be exercised for a period of two years
beginning at the time work under this contract is completed.
10.2.4 Contractor’s insurance shall be primary insurance as respects County, and any
insurance or self-insurance maintained by County shall not contribute to it.
10.2.5 Any failure to comply with the claim reporting provisions of the insurance policies
or any breach of an insurance policy warranty shall not affect the County’s right to
coverage afforded under the insurance policies.
10.2.6 The insurance policies may provide coverage that contains deductibles or self-
insured retentions. Such deductible and/or self-insured retentions shall not be
applicable with respect to the coverage provided to County under such policies.
Contractor shall be solely responsible for the deductible and/or self-insured
retention and County, at its option, may require Contractor to secure payment of
such deductibles or self-insured retentions by a surety bond or an irrevocable and
unconditional letter of credit.
10.2.7 The insurance policies required by this contract, except Workers’ Compensation
and Errors and Omissions, shall name County, its agents, representatives, officers,
directors, officials, and employees as additional insureds.
10.2.8 The policies required hereunder, except Workers’ Compensation and Errors and
Omissions, shall contain a waiver of transfer of rights of recovery (subrogation)
against County, its agents, representatives, officers, directors, officials, and
employees for any claims arising out of Contractor’s work or service.
10.2.9 If available, the insurance policies required by this contract may be combined with
Commercial Umbrella Insurance policies to meet the minimum limit requirements.
If a Commercial Umbrella insurance policy is utilized to meet insurance
requirements, the Certificate of Insurance shall indicate which lines the
Commercial Umbrella Insurance covers.
10.2.9.1 Commercial General Liability
Commercial General Liability (CGL) insurance and, if necessary,
Commercial Umbrella insurance with a limit of not less than $2,000,000
for each occurrence, $4,000,000 Products/Completed Operations
Aggregate, and $4,000,000 General Aggregate Limit. The policy shall
include coverage for premises liability, bodily injury, broad form property
damage, personal injury, products and completed operations and
SERIAL 230191-RFP
blanket contractual coverage, and shall not contain any provisions which
would serve to limit third party action over claims. There shall be no
endorsement or modifications of the CGL limiting the scope of coverage
for liability arising from explosion, collapse, or underground property
damage.
10.2.9.2 Automobile Liability
Commercial/Business Automobile Liability insurance with a combined
single limit for bodily injury and property damage of not less than
$2,000,000 each occurrence with respect to any of the Contractor’s
owned, hired, and non-owned vehicles assigned to or used in
performance of the Contractor’s work or services or use or maintenance
of the premises under this contract.
10.2.9.3 Workers’ Compensation
10.2.9.3.1 Workers’ compensation insurance to cover obligations
imposed by Federal and State statutes having jurisdiction of
Contractor’s employees engaged in the performance of the
work or services under this contract; and Employer’s
Liability insurance of not less than $1,000,000 for each
accident, $1,000,000 disease for each employee, and
$1,000,000 disease policy limit.
10.2.9.3.2 Contractor, its subcontractors, and sub-subcontractors
waive all rights against this contract and its agents, officers,
directors, and employees for recovery of damages to the
extent these damages are covered by the workers’
compensation and Employer’s Liability or Commercial
Umbrella Liability insurance obtained by Contractor, its
subcontractors, and its sub-subcontractors pursuant to this
contract.
10.2.9.4 Errors and Omissions (Professional Liability) Insurance
Errors and Omissions (Professional Liability) insurance and, if
necessary, Commercial Umbrella insurance, which will insure and
provide coverage for errors or omissions or professional liability of the
Contractor, with limits of no less than $2,000,000 for each claim.
10.2.10 Certificates of Insurance
10.2.10.1 Prior to contract award, Contractor shall furnish the County with valid
and complete Certificates of Insurance, or formal endorsements as
required by the contract in the form provided by the County, issued by
Contractor’s insurer(s), as evidence that policies providing the required
coverage, conditions and limits required by this contract are in full force
and effect. Such certificates shall identify this contract number and title.
10.2.10.2 In the event any insurance policy(ies) required by this contract is (are)
written on a claims-made basis, coverage shall extend for two years past
completion and acceptance of Contractor’s work or services and as
evidenced by annual certificates of insurance.
10.2.10.3 If a policy does expire during the life of the Contract, a renewal certificate
must be sent to County 15 calendar days prior to the expiration date.
10.2.11 Cancellation and Expiration Notice
SERIAL 230191-RFP
Applicable to all insurance policies required within the insurance requirements of
this contract, Contractor’s insurance shall not be permitted to expire, be
suspended, be canceled, or be materially changed for any reason without 30 days
prior written notice to Maricopa County. Contractor must provide to Maricopa
County, within two business days of receipt, if they receive notice of a policy that
has been or will be suspended, canceled, materially changed for any reason, has
expired, or will be expiring. Such notice shall be sent directly to Maricopa County
Office of Procurement Services and shall be mailed, or hand delivered to 301 W.
Jefferson St. Suite 700, Phoenix, AZ 85003, or emailed to the procurement officer
noted in the solicitation.
10.3
FORCE MAJEURE
10.3.1 Neither party shall be liable for failure of performance, nor incur any liability to the
other party on account of any loss or damage resulting from any delay or failure to
perform all or any part of this contract, if such delay or failure is caused by events,
occurrences, or causes beyond the reasonable control and without negligence of
the parties. Such events, occurrences, or causes include, but are not limited to,
acts of God/nature (including fire, flood, earthquake, storm, hurricane, or other
natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is
declared or not), civil war, riots, rebellion, revolution, insurrection, military or
usurped power or confiscation, terrorist activities, nationalization, government
sanction, lockout, blockage, embargo, labor dispute, strike, and interruption or
failure of electricity or telecommunication service, and pandemic.
10.3.2 Each party, as applicable, shall give the other party notice of its inability to perform
and particulars in reasonable detail of the cause of the inability. Each party must
use best efforts to remedy the situation and remove, as soon as practicable, the
cause of its inability to perform or comply.
10.3.3 The party asserting Force Majeure as a cause for non-performance shall have the
burden of proving that reasonable steps were taken to minimize delay or damages
caused by foreseeable events, that all non-excused obligations were substantially
fulfilled, and that the other party was timely notified of the likelihood or actual
occurrence which would justify such an assertion, so that other prudent
precautions could be contemplated.
10.4
WARRANTY OF SERVICES
10.4.1 The Contractor warrants that all services provided hereunder will conform to the
requirements of the contract, including all descriptions, specifications, and
attachments made a part of this contract. County’s acceptance of services or
goods provided by the Contractor shall not relieve the Contractor from its
obligations under this warranty.
10.4.2 In addition to its other remedies, County may, at the Contractor's expense, require
prompt correction of any services failing to meet the Contractor's warranty herein.
Services corrected by the Contractor shall be subject to all the provisions of this
contract in the manner and to the same extent as services originally furnished
hereunder.
10.5
INSPECTION OF SERVICES
10.5.1 The Contractor shall provide and maintain an inspection system acceptable to
County covering the services under this contract. Complete records of all
inspection work performed by the Contractor shall be maintained and made
available to County during contract performance and for as long afterwards as the
contract requires.
SERIAL 230191-RFP
10.5.2 County has the right to inspect and test all services called for by the contract, to
the extent practicable at all times and places during the term of the contract.
County shall perform inspections and tests in a manner that will not unduly delay
the work.
10.5.3 If any of the services do not conform to contract requirements, County may require
the Contractor to perform the services again in conformity with contract
requirements, at no cost to the County. When the defects in services cannot be
corrected by re-performance, County may:
10.5.3.1 require the Contractor to take necessary action to ensure that future
performance conforms to contract requirements; and
10.5.3.2 reduce the contract price to reflect the reduced value of the services
performed.
10.5.4 If the Contractor fails to promptly perform the services again or to take the
necessary action to ensure future performance in conformity with contract
requirements, County may:
10.5.4.1 by contract or otherwise, perform the services and charge to the
Contractor, through direct billing or through payment reduction, any cost
incurred by County that is directly related to the performance of such
service; or
10.5.4.2 terminate the contract for default
10.6
ORDERING AUTHORITY
Any request for purchase shall be accompanied by a valid purchase order issued by a
County department or directed by a Certified Agency Procurement Aid (CAPA) with a
purchase card for payment.
10.7
PROCUREMENT CARD ORDERING CAPABILITY
County may opt to use a procurement card (Visa or Master Card) to make payment for
orders under this contract.
10.8
NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION
This contract does not guarantee any minimum or maximum purchases will be made.
Orders will only be placed under this contract when the County identifies a need and proper
authorization and documentation have been approved.
10.9
PURCHASE ORDERS
10.9.1 County reserves the right to cancel purchase orders within a reasonable period of
time after issuance. Should a purchase order be canceled, the County agrees to
reimburse the Contractor for actual and documentable costs incurred by the
Contractor in response to the purchase order. The County will not reimburse the
Contractor for any costs incurred after receipt of County notice of cancellation, or
for lost profits, or for shipment of product prior to issuance of purchase order.
10.9.2 Contractor agrees to accept verbal notification of cancellation of purchase orders
from the County procurement officer with written notification to follow. Contractor
specifically acknowledges to be bound by this cancellation policy.
10.10
BACKGROUND CHECK
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Respondents may be required to pass multiple background checks (e.g. Sheriff’s Office,
County Attorney's Office, Courts, as well as Maricopa County general government) to
determine if the respondent is acceptable to do business with the County. This applies to,
but is not limited to, the company, subcontractors, and employees, and the failure to pass
these checks shall deem the respondent non-responsible.
10.11
SUSPENSION OF WORK
The procurement officer may order the Contractor, in writing, to suspend, delay, or interrupt
all or any part of the work of this contract for the period of time that the procurement officer
determines appropriate for the convenience of the County. No adjustment shall be made
under this clause for any suspension, delay, or interruption to the extent that performance
would have been so suspended, delayed, or interrupted by any other cause, including the
fault or negligence of the Contractor. No request for adjustment under this clause shall be
granted unless the claim, in an amount stated, is asserted in writing as soon as practicable
after the termination of the suspension, delay, or interruption, but not later than the date of
final payment under the contract.
10.12
STOP WORK ORDER
10.12.1 The procurement officer may, at any time, by written order to the Contractor,
require the Contractor to stop all, or any part, of the work called for by this contract
for a period of 90 calendar days after the order is delivered to the Contractor, and
for any further period to which the parties may agree. The order shall be specifically
identified as a stop work order issued under this clause. Upon receipt of the order,
the Contractor shall immediately comply with its terms and take all reasonable
steps to minimize the incurrence of costs allocable to the work covered by the order
during the period of work stoppage. Within a period of 90 calendar days after a
stop work order is delivered to the Contractor, or within any extension of that period
to which the parties shall have agreed, the procurement officer shall either:
10.12.1.1 cancel the stop work order; or
10.12.1.2 terminate the work covered by the order as provided in the Termination
for Default or the Termination for Convenience clause of this contract.
10.12.1.3 The procurement officer may make an equitable adjustment in the
delivery schedule and/or contract price, and the contract shall be
modified, in writing, accordingly, if the Contractor demonstrates that the
stop work order resulted in an increase in costs to the Contractor.
10.13
TERMINATION FOR CONVENIENCE
Maricopa County may terminate the resultant contract for convenience by providing 60
calendar days advance notice to the Contractor.
10.14
TERMINATION FOR DEFAULT
10.14.1 The County may, by written Notice of Default to the Contractor, terminate this
contract in whole or in part if the Contractor fails to:
10.14.1.1 deliver the supplies or to perform the services within the time specified
in this contract or any extension;
10.14.1.2 make progress, so as to endanger performance of this contract; or
10.14.1.3 perform any of the other provisions of this contract.
SERIAL 230191-RFP
10.14.2 The County’s right to terminate this contract under these subparagraphs may be
exercised if the Contractor does not cure such failure within 10 business days (or
more if authorized in writing by the County) after receipt of a Notice to Cure from
the procurement officer specifying the failure.
10.15
PERFORMANCE
It shall be the Contractor’s responsibility to meet the proposed performance requirements.
Maricopa County reserves the right to obtain services on the open market in the event the
Contractor fails to perform, and any price differential will be charged against the Contractor.
10.16
CONTRACTOR EMPLOYEE MANAGEMENT
10.16.1 Contractor shall endeavor to maintain the personnel proposed in their proposal
throughout the performance of this contract.
10.16.2 If Contractor personnel’s employment status changes, Contractor shall provide
County a list of proposed replacements with equivalent or greater experience.
10.16.3 Under no circumstances shall the implementation schedule to be impacted by a
personnel change on the part of the Contractor.
10.16.4 Contractor shall not reassign any key personnel identified in their proposal without
the express consent of the County.
10.16.5 County reserves the right to immediately remove from its premises any Contractor
personnel it determines to be a risk to County operations.
10.16.6 County reserves the right to request the replacement of any Contractor personnel
at any time, for any reason.
10.17
STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
Notice is given that, pursuant to A.R.S. § 38-511, the County may cancel any contract
without penalty or further obligation within three years after execution of the contract, if any
person significantly involved in initiating, negotiating, securing, drafting, or creating the
contract on behalf of the County is at any time, while the contract or any extension of the
contract is in effect, an employee or agent of any other party to the contract in any capacity
or consultant to any other party of the contract with respect to the subject matter of the
contract. Additionally, pursuant to A.R.S. § 38-511, the County may recoup any fee or
commission paid or due to any person significantly involved in initiating, negotiating,
securing, drafting, or creating the contract on behalf of the County from any other party to
the contract arising as the result of the contract.
10.18
CONTRACTOR LICENSE REQUIREMENT
10.18.1 The Contractor shall procure all permits, insurance, and licenses, and pay the
charges and fees necessary and incidental to the lawful conduct of his/her
business, and as necessary complete any requirements, by any and all
governmental or non-governmental entities as mandated to maintain compliance
with and remain in good standing. The Contractor shall keep fully informed of
existing and future trade or industry requirements, and Federal, State, and local
laws, ordinances, and regulations which in any manner affect the fulfillment of a
contract and shall comply with the same. Contractor shall immediately notify both
Office of Procurement Services and the department of any and all changes
concerning permits, insurance, or licenses.
10.18.2 Contractor furnishing finished products, materials, or articles of merchandise that
will require installation or attachment as part of the contract shall possess any
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licenses required. Contractor is not relieved of its obligation to obtain and possess
the required licenses by subcontracting of the labor portion of the contract.
Contractors are advised to contact the Arizona Registrar of Contractors, Chief of
Licensing, to ascertain licensing requirements for a particular contract. Contractor
shall identify which license(s), if any, the Registrar of Contractors requires for
performance of the contract.
10.19
SUBCONTRACTING
10.19.1 The Contractor may not assign to another Contractor or subcontract to another
party for performance of the terms and conditions hereof without the written
consent of the County. All correspondence authorizing subcontracting must
reference the bid serial number and identify the job or project.
10.19.2 The subcontractor’s rate for the job shall not exceed that of the prime Contractor’s
rate, as bid in the pricing section, unless the prime Contractor is willing to absorb
any higher rates. The subcontractor’s invoice shall be invoiced directly to the prime
Contractor, who in turn shall pass-through the costs to the County, without mark-
up. A copy of the subcontractor’s invoice must accompany the prime Contractor’s
invoice.
10.20
AMENDMENTS
All amendments to this contract shall be in writing and approved/signed by both parties.
Maricopa County Office of Procurement Services shall be responsible for approving all
amendments for Maricopa County.
10.21
ADDITIONS/DELETIONS OF REQUIREMENTS
The County reserves the right to add and/or delete materials and services to a contract. If
a service requirement is deleted, payment to the Contractor will be reduced proportionately,
to the amount of service reduced in accordance with the bid price. If additional materials
or services are required from a contract, prices for such additions will be negotiated
between the Contractor and the County.
10.22
STRICT COMPLIANCE
Acceptance by County of a performance that is not in strict compliance with the terms of
the contract shall not be deemed to be a waiver of strict compliance with respect to all other
terms of the contract.
10.23
VALIDITY
The invalidity, in whole or in part, of any provision of this contract shall not void or affect
the validity of any other provision of the contract.
10.24
SEVERABILITY
The removal, in whole or in part, of any provision of this contract shall not void or affect the
validity of any other provision of this contract.
10.25
RIGHTS IN DATA
10.25.1 The County shall have the use of data and reports resulting from a contract without
additional cost or other restriction except as may be established by law or
applicable regulation. Each party shall supply to the other party, upon request, any
available information that is relevant to a contract and to the performance
thereunder.
SERIAL 230191-RFP
10.25.2 Data, records, reports, and all other information generated for the County by a third
party as the result of a contract are the property of the County and shall be provided
in a format designated by the County or shall be and remain accessible to the
County into perpetuity.
10.26
ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW
10.26.1 In accordance with Section MC1-372 of the Maricopa County Procurement Code,
the Contractor agrees to retain (physical or digital copies of) all books, records,
accounts, statements, reports, files, and other records and back-up documentation
relevant to this contract for six years after final payment or until after the resolution
of any audit questions, which could be more than six years, whichever is longest.
The County, Federal or State auditors and any other persons duly authorized by
the department shall have full access to and the right to examine, copy, and make
use of, any and all said materials.
10.26.2 If the Contractor’s books, records, accounts, statements, reports, files, and other
records and back-up documentation relevant to this contract are not sufficient to
support and document that requested services were provided, the Contractor shall
reimburse Maricopa County for the services not so adequately supported and
documented.
10.27
AUDIT DISALLOWANCES
If at any time it is determined by the County that a cost for which payment has been made
is a disallowed cost, the County shall notify the Contractor in writing of the disallowance.
The course of action to address the disallowance shall be at sole discretion of the County,
and may include either an adjustment to future invoices, request for credit, request for a
check, or a deduction from current invoices submitted by the Contractor equal to the
amount of the disallowance, or to require reimbursement forthwith of the disallowed amount
by the Contractor by issuing a check payable to Maricopa County.
10.28
NON-DISCRIMINATION
Contractor agrees to comply with all provisions and requirements of Arizona Executive
Order 2009-09, including flow down of all provisions and requirements to any
subcontractors. Executive Order 2009-09 supersedes Executive Order 99-4 and amends
Executive Order 75-5 and is hereby incorporated into this contract as if set forth in full
herein. During the performance of this contract, Contractor shall not discriminate against
any employee, client, or any other individual in any way because of that person’s age, race,
creed, color, religion, sex, disability, or national origin. (Arizona Executive Order 2009-09
can
be
downloaded
from
the
Arizona
Memory
Project
at
http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1.).
10.29
WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01
If vendor engages in for-profit activity and has 10 or more employees, and if this agreement
has a value of $100,000 or more, vendor certifies it is not currently engaged in, and agrees
for the duration of this agreement to not engage in, a boycott of goods or services from
Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a
regulation issued pursuant to 50 U.S.C. § 4842.
10.30
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
10.30.1 The undersigned (authorized official signing on behalf of the Contractor) certifies
to the best of his or her knowledge and belief that the Contractor, its current
officers, and directors:
SERIAL 230191-RFP
10.30.1.1 are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from being awarded any
contract or grant by any United States department or agency or any
state, or local jurisdiction;
10.30.1.2 have not within a three-year period preceding this contract:
10.30.1.2.1 been convicted of fraud or any criminal offense in
connection with obtaining, attempting to obtain, or as the
result of performing a government entity (Federal, State or
local) transaction or contract; or
10.30.1.2.2 been convicted of violation of any Federal or State antitrust
statutes or conviction for embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property regarding a
government entity transaction or contract;
10.30.1.3 are not presently indicted or criminally charged by a government entity
(Federal, State or local) with commission of any criminal offenses in
connection with obtaining, attempting to obtain, or as the result of
performing a government entity public (Federal, State or local)
transaction or contract;
10.30.1.4 are not presently facing any civil charges from any governmental entity
regarding obtaining, attempting to obtain, or from performing any
governmental entity contract or other transaction; and
10.30.1.5 have not within a three-year period preceding this contract had any
public transaction (Federal, State or local) terminated for cause or
default.
10.30.2 If any of the above circumstances described in the paragraph are applicable to the
entity submitting a bid for this requirement, include with your bid an explanation of
the matter including any final resolution.
10.30.3 The Contractor shall include, without modification, this clause in all lower tier
covered transactions (i.e. transactions with subcontractors or sub-subcontractors)
and in all solicitations for lower tier covered transactions related to this contract. If
this clause is applicable to a subcontractor or sub-subcontractor, the Contractor
shall include the information required by this clause with their bid.
10.31
VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS
10.31.1 By entering into the contract, the Contractor warrants compliance with the
Immigration and Nationality Act (INA using E-Verify) and all other Federal
immigration laws and regulations related to the immigration status of its employees
and A.R.S. § 23-214(A). The Contractor shall obtain statements from its
subcontractors certifying compliance and shall furnish the statements to the
procurement officer upon request. These warranties shall remain in effect through
the term of the contract. The Contractor and its subcontractors shall also maintain
Employment Eligibility Verification forms (I-9) as required by the Immigration Reform
and Control Act of 1986, as amended from time to time, for all employees performing
work under the contract and verify employee compliance using the E-Verify system
and shall keep a record of the verification for the duration of the employee’s
employment or at least three years, whichever is longer. I-9 forms are available for
download at www.uscis.gov.
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10.31.2 The County retains the legal right to inspect documents of Contractor and
subcontractor employees performing work under this contract to verify compliance
with paragraph 10.31.1 of this section. Contractor and subcontractor shall be given
reasonable notice of the County’s intent to inspect and shall make the documents
available at the time and date specified. Should the County suspect or find that the
Contractor or any of its subcontractors are not in compliance, the County will
consider this a material breach of the contract and may pursue any and all remedies
allowed by law, including, but not limited to: suspension of work, termination of the
contract for default, and suspension and/or debarment of the Contractor. All costs
necessary to verify compliance are the responsibility of the Contractor.
10.32
INFLUENCE
10.32.1 As prescribed in MC1-1203 of the Maricopa County Procurement Code, any effort
to influence an employee or agent to breach the Maricopa County Ethical Code of
Conduct or any ethical conduct, may be grounds for disbarment or suspension
under MC1-902.
10.32.2 An attempt to influence includes, but is not limited to:
10.32.2.1 A person offering or providing a gratuity, gift, tip, present, donation,
money, entertainment or educational passes or tickets, or any type of
valuable contribution or subsidy that is offered or given with the intent to
influence a decision, obtain a contract, garner favorable treatment, or
gain favorable consideration of any kind.
10.32.3 If a person attempts to influence any employee or agent of Maricopa County, the
chief procurement officer, or his designee, reserves the right to seek any remedy
provided by the Maricopa County Procurement Code, any remedy in equity or in
the law, or any remedy provided by this contract.
10.33
UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this contract, the Contractor agrees to comply with all applicable provisions
of
Title
2,
Subtitle
A,
Chapter
II,
Part
200—UNIFORM
ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL
AWARDS contained in Title 2 C.F.R. § 200 et seq.
10.34
OFFSET FOR DAMAGES
In addition to all other remedies at Law or Equity, the County may offset from any money
due to the Contractor any amounts Contractor owes to the County for damages resulting
from breach or deficiencies in performance of the contract.
10.35
CONFIDENTIAL INFORMATION
10.35.1 Any information obtained in the course of performing this contract may include
information that is proprietary or confidential to the County. This provision
establishes the Contractor’s obligation regarding such information.
10.35.2 The Contractor shall establish and maintain procedures and controls that are
adequate to assure that no information contained in its records and/or obtained
from the County or from others in carrying out its functions (services) under the
contract shall be used by or disclosed by it, its agents, officers, or employees,
except as required to efficiently perform duties under the contract. The Contractor’s
procedures and controls, at a minimum, must be the same procedures and controls
it uses to protect its own proprietary or confidential information. If, at any time
during the duration of the contract, the County determines that the procedures and
controls in place are not adequate, the Contractor shall institute any new and/or
SERIAL 230191-RFP
additional measures requested by the County within 15 business days of the
written request to do so.
10.35.3 Any requests to the Contractor for County proprietary or confidential information
shall be referred to the County for review and approval, prior to any dissemination.
10.36
PUBLIC RECORDS
Under Arizona law, all offers submitted and opened are public records and must be
retained by the County at the Maricopa County Office of Procurement Services. Offers shall
be open to public inspection and copying after contract award and execution, except for
such offers or sections thereof determined to contain proprietary or confidential information
by the Office of Procurement Services. If an offeror believes that information in its offer or
any resulting contract should not be released in response to a public record request, under
Arizona law, the offeror shall indicate the specific information deemed confidential or
proprietary and submit a statement with its offer detailing the reasons that the information
should not be disclosed. Such reasons shall include the specific harm or prejudice which
may arise from disclosure. The records manager of the Office of Procurement Services
shall determine whether the identified information is confidential pursuant to the Maricopa
County Procurement Code.
10.37
PRICES
Contractor warrants that prices extended to County under this contract are no higher than
those paid by any other customer for these or similar services.
10.38
INTEGRATION
This contract represents the entire and integrated agreement between the parties and
supersedes
all
prior
negotiations,
proposals,
communications,
understandings,
representations, or agreements, whether oral or written, expressed, or implied.
10.39
RELATIONSHIPS
10.39.1 In the performance of the services described herein, the Contractor shall act solely
as an independent Contractor, and nothing herein or implied herein shall at any
time be construed as to create the relationship of employer and employee, co-
employee, partnership, principal and agent, or joint venture between the County
and the Contractor.
10.39.2 The County reserves the right of final approval on proposed staff. Also, upon
request by the County, the Contractor will be required to remove any employees
working on County projects and substitute personnel based on the discretion of
the County within two business days, unless previously approved by the County.
10.40
GOVERNING LAW
This contract shall be governed by the laws of the State of Arizona. Venue for any actions
or lawsuits involving this contract will be in Maricopa County Superior Court, Phoenix,
Arizona.
10.41
FORCED LABOR
10.41.1 By submitting a bid for this solicitation and/or entering into a contract as a result of
this solicitation, contractor agrees to comply with all applicable portions of Arizona
Revised Statutes Section 35-394. Contracting; procurement; prohibition; written
certification; remedy; termination; exception; definitions.
SERIAL 230191-RFP
10.41.1.1 Contractor certifies that it does not currently, and agrees for the duration
of the contract, that it will not use:
10.41.1.2 The forced labor of ethnic Uyghurs in the People’s Republic of China.
10.41.2 Any goods or services produced by the forced labor of ethnic Uyghurs in the
People’s Republic of China.
10.41.3 Any contractors, subcontractors or suppliers that use the forced labor or any good
or services produced by the forced labor of ethnic Uyghurs in the People’s
Republic of China.
10.41.4 If contractor becomes aware during the term of the agreement that contractor is
not in compliance with this paragraph, the contractor shall notify the County within
five business days after becoming aware of the noncompliance. If the contractor
fails to provide a written certification to the County that the contractor has remedied
the noncompliance within 180 days after notifying the County of its noncompliance,
then the agreement terminates, except that if the agreement termination date
occurs before the end the 180 day period, the agreement terminates on the
agreement termination date.
10.42
ORDER OF PRECEDENCE
In the event of a conflict in the provisions of this contract and Contractor’s license
agreement, if applicable, the terms of this contract shall prevail.
10.43
CONTRACT DISPUTES
All Contract disputes will be handled in accordance with the Maricopa County Procurement
Code, MCI-906
10.44
INCORPORATION OF DOCUMENTS
10.44.1 The following are to be attached to and made part of this Contract:
10.44.2 Exhibit A – Vendor Information
10.44.3 Exhibit A-1 – Pricing
10.44.4 Exhibit B – Scope of Work
10.44.5 Exhibit C – Office of Procurement Services Contractor Travel and Per Diem Policy
10.45
NOTICES
All notices given pursuant to the terms of this contract shall be addressed to:
For County:
Maricopa County
Office of Procurement Services
301 W. Jefferson St. Suite 700
Phoenix, Arizona 85003-1647
For Contractor:
Willdan Engineering
1440 E. Missouri Avenue, Suite C170
Phoenix, AZ 85014
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10.46
INQUIRIES
10.46.1 Inquiries concerning information herein must be submitted prior to the question
deadline date/time posted in the e-procurement platform, Periscope S2G, using
the link in the “Q&A” tab.
10.46.2 Administrative telephone/email inquiries shall be addressed to:
MICHAEL GALE, PROCUREMENT OFFICER
TELEPHONE: (602) 506-4866
Michael.Gale@maricopa.gov
10.46.3 Inquiries may be submitted by telephone but must be followed up in writing. No
oral communication is binding on Maricopa County.
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IN WITNESS WHEREOF, this contract is executed on the date set forth above.
CONTRACTOR
AUTHORIZED SIGNATURE
PRINTED NAME AND TITLE
ADDRESS
DATE
MARICOPA COUNTY
CHAIRMAN, BOARD OF SUPERVISORS
DATE
ATTESTED:
CLERK OF THE BOARD
DATE
APPROVED AS TO FORM:
DEPUTY COUNTY ATTORNEY
DATE
Autumn Wollmann, Deputy Director
1440 E Missouri Ave Ste C170 Phoenix, AZ 85014
3.5.2024
SERIAL 230191-RFP
Attachment A – Vendor Information
COMPANY NAME:
Willdan Engineering
DOING BUSINESS AS (dba):
MAILING ADDRESS:
1440 East Missouri Avenue, Suite C170, Phoenix,
Arizona, 85014
REMIT TO ADDRESS:
1440 East Missouri Avenue, Suite C170, Phoenix,
Arizona, 85014
TELEPHONE NUMBER:
(602) 870-7600
FAX NUMBER:
(602) 870-7601
WWW ADDRESS:
www.willdan.com
REPRESENTATIVE NAME:
Autumn Wollmann, CBO
REPRESENTATIVE TELEPHONE NUMBER:
(480) 787-5526
REPRESENTATIVE EMAIL ADDRESS
rfps@willdan.com
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE
FROM THIS CONTRACT:
X
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
X
PAYMENT TERMS: NET 30 DAYS
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Exhibit A-1 – Pricing
1.0 PRICING:
FOR BUILDING PLAN REVIEW: Pricing for each job assigned under this contract shall not exceed 58.5% of permit fee.
Maricopa County’s fees for the types of jobs assigned currently use 1997 UBC Table A with the April, 2003 value table as
modified for Arizona. The annual amount of plan review fees to be paid for jobs assigned.
1997 UBC Table 1-A: https://www.dli.mn.gov/sites/default/files/pdf/bc_gi026_permit_schedule_97ubc.pdf
1.1
PLAN REVIEW FEE
58.5 % PER ASSIGNED PROJECT
INSPECTIONS
X AS AGREED PER JOB (Mark 'X' if available)
1.2
LABOR RATE FOR WORK
OUTSIDE CONTRACT
1.2.1
PRINCIPAL
$195.00 PER HOUR
1.2.2
STRUCTURE ENGINEER
$140.00 PER HOUR
1.2.3
SENIOR PLAN REVIEWER
$125.00 PER HOUR
1.2.4
BUILDING INSPECTOR 1
$95.00 PER HOUR
1.2.5
BUILDING INSPECTOR 2
$100.00 PER HOUR
1.2.6
BUILDING INSPECTOR 3
$115.00 PER HOUR
1.2.7
PLAN CHECK TECHNICIAN
$115.00 PER HOUR
1.2.8
CLERICAL
$95.00 PER HOUR
1.2.9
ASSOCIATE
$ 100.00 PER HOUR
FOR DRAINAGE PLAN REVIEW: Pricing for each job assigned under this contract shall not exceed 65% of the
Engineering Review and/or Drainage Report Review Fee for Residential projects and 65% of the Review of Precise Plans
Fee for Commercial projects including subdivision plats and infrastructure.
1.3
DRAINAGE PLAN REVIEW
FEE
65 % PER ASSIGNED PROJECT
1.4
HOURLY LABOR RATES FOR
DRAINAGE
PLAN REVIEW FOR WORK
OUTSIDE CONTRACT
$160.00 PER HOUR
1.4.1
SUPPLY FLOOD P.E.
$200.00 PER HOUR
1.4.2
SUPPLY FLOOD NON-P.E.
$160.00 PER HOUR
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FOR WATER AND WASTEWATER PLAN REVIEW: Pricing for each new plan review job assigned under this
contract shall not exceed the Contractor’s bid percentage of the assigned project permit fee. Maricopa County’s
permit fees for the types of jobs assigned to the Contractor under the contract scope for water and wastewater are
established by the Maricopa County Environmental Health Code (MCEHC). The amount of plan review fees to be
paid to the Contractor for each job assigned will be based on the regular priority plan review permit fee for the
application type as identified on intake by MCESD. Fees for review of resubmittal jobs assigned to the Contractor
shall be paid hourly, limited to the rate for the individual performing the review, limited to 1 hour unless prior
approval is obtained from the COR (Contracting Officer’s Representative).
1.5
WATER AND WASTEWATER
PLAN REVIEW FEE
65 % PER ASSIGNED PROJECT
1.6
LABOR RATES FOR REVIEW
OF RESUBMITTALS
1.6.1
PRINCIPAL
$215.00 PER HOUR
1.6.2
CIVIL ENGINEERING (PE)
$200.00 PER HOUR
1.6.3
ENGINEER ASSOCIATE (EIT)
$175.00 PER HOUR
1.6.4
SENIOR PLAN REVIEWER
$160.00 PER HOUR
1.6.5
PLAN CHECK TECHNICIAN
$140.00 PER HOUR
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EXHIBIT B – SCOPE OF WORK
Building and Safey Services
Since 1979, Willdan’s Building Safety Group has provided building plan review and inspections for public
jurisdictions throughout the western United States. Willdan’s experience and strength in building safety
encompasses a complete range of technical disciplines, including permit issuance; building, flood zone,
and fire-life safety plan reviews and inspections; grading inspections, and accessibility inspections.
Willdan provides these services through an experienced, qualified staff that will respond to the needs of
the County. Willdan's proposed team is unique in its blend of knowledge of and experience with:
•
County of Maricopa procedures, processes, standards, codes, guidelines, and regulations
through services provided to municipalities within the County
•
Other applicable jurisdictional codes, guidelines, and regulations
•
Project construction
Through active participation in the International Code Council and other building safety organizations,
we maintain our training and understanding of the latest industry trends, alternative building materials,
green building principles, and sustainable construction. Our personnel possess registrations and
certifications in civil, structural, architectural, life safety, electrical, plumbing, and mechanical disciplines
and are experienced in reviewing and inspecting both simple and complex projects, including accessibility
compliance and fire protection engineering.
The knowledge and experience of our staff have allowed Willdan to provide services from startup of
building safety operations for newly incorporated cities to full department staffing to every day on-call
inspections and plan reviews for residential and small commercial facilities, subdivisions, and right-of-way
improvements to the specialized inspection of educational facilities, high rises, commercial buildings,
hotels, casinos, and power plants.
Building Plan Review Expertise
Because of our hands-on approach to solving code issues, we have typically worked with paper plans.
When plans
are received in a printed format, Willdan has fully developed procedures that produce timely and accurate
plan reviews. We utilize our proprietary software, Plan Check Tracking System (PCTS) to log and track
plan reviews throughout the project life.
While hard-copy plan reviews have been the traditional method, to alleviate delays and costs incurred
while transmitting hard-copy plan reviews and comments, Willdan offers our clients state-of-art electronic
plan reviews. A few advantages of our tree-saving electronic plan review process include:
•
Immediate input and feedback through on-line collaboration
•
Time savings – no waiting for emails or mail to be delivered
•
Cost savings – no printing or overnight delivery
•
No additional hardware or software – only Internet connection necessary
Electronic plan review services are provided – at no additional cost – at the request of the applicant or the
agency we serve. Submittals are accepted in PDF format.
Access to our electronic plan review files is set up through a secured portal. Willdan establishes user
profiles to provide defined access such as view only, read and comment, or full access for comment
coordination and review. Electronic redlined plans are transmitted back to the design team or the County
as directed. This service allows for on-line collaboration between the County, designer, and plans
examiner to facilitate a complete understanding of plan review comments and reduces shipping, printing,
and timelines for plan review processing for the applicant.
When reviews are completed and the project is approved, the electronic files are transmitted to the
County in a
format compatible with the County's recordkeeping media.
Building Inspection and Code Compliance Expertise
Willdan provides dedicated inspectors and backup inspectors for our clients' building safety needs. Our
experienced staff has inspected major projects that include casinos, low- and high-rise hotels and offices,
SERIAL 230191-RFP
parking structures, retail commercial developments, shopping centers, condominiums, regional malls, and
major residential developments.
Our inspectors are ICC certified and fully experienced to perform residential, commercial, and industrial
inspections for compliance to the approved plans and related documents. The inspections will be
performed in accordance with the County’s adopted version of the International Building Code,
International Residential Code, International Mechanical Code, International Plumbing Code, National
Electrical Code, and the County and Federal regulations for Accessibility, International energy Code and
International Fire Code and provisions of NFPA.
Inspection staff will be available to meet with County staff, builders, developers, and citizens to provide
assistance and resolve any inspection issues that may arise. Inspectors shall attend and participate in
required meetings with other County inspection and plan review staff, property owners, contractors and/or
design professionals. Inspectors will review the permit package to verify that the on-site condition is
consistent with the appropriate records for square footage, setbacks, heights, and other requirements that
may be applicable. Inspectors will comply with the County’s procedures for reporting inspection results,
use County inspection correction forms, make appropriate entries onto the permit documents, and follow
County procedures prior to finalizing a building permit.
Willdan will verify that all inspection records, including daily records of what was inspected which will be
recorded on the job card, and permit copy entered into the County’s Building and Safety computer
system. We will employ such techniques as necessary to minimize delays to builders and provide helpful
advice and counsel to builders,
owners, engineers, and architects as to enhance the orderly flow of the construction process yet
maintaining an
effective level of enforcement. Inspectors shall ensure that any construction changes are documented
and approved by appropriate County staff. Our inspection staff are supplied with cell phones and laptops
and/or iPads for email communication and document creation and record keeping. Inspections will be
provided the next working day following a request made by 4:00pm the previous day.
Civil Engineering, Water, and Wastewater Servies
Willdan is fully staffed and equipped to provide plan re-views for all development aspects of a project from
planning through engineering and building safety. We offer a full complement of development plan review
services for public infrastructure, private development, or third‐party reviews. Willdan provides a varied
array of civil engineering design reviews, including residential, industrial, and commercial developments;
recreational facilities; public buildings; site grading; landscaping; transportation-related improvements;
and water, wastewater, storm drain, and flood control facilities.
Willdan's plan reviewers possess improvement plan review capabilities in street, sewer, water, traffic,
street lighting, striping, erosion control, and drainage. Hydrology and hydraulic calculations for off‐site
improvements are reviewed for accuracy to verify that drainage plans are adequate for design runoff.
Drainage plans and hydrology calculations are coordinated with the regional flood control agency, where
necessary. Structural calculations, when submitted, are reviewed by our in-house structural engineers.
Grading plans are reviewed against geotechnical recommendations. Sewer, water, and other utility offsite
improvement plans pre-pared for other agencies are reviewed for conflict/consistency with established
design guidelines. Our plan review services involve review of planning, civil, and site plans submitted for
improvements in conjunction with land development applications. The plans will be subject to a thorough
review to ensure facilities satisfy adopted standards and that sound planning, engineering, and
construction practices are observed. Improvement plan reviews include, at a minimum, grading, erosion
control, street, sewer, water, street lighting, and drainage plans. Willdan will review supplementary plans
and calculations, including hydrology and hydraulic plans and calculations, sanitary sewer plans and
calculations, traffic studies, soils reports, and structural calculations as may be required. In conjunction
with the plan review, the bond estimate for improvements will be verified.
Optional Available Services
Accelerated Plan Review
The accelerated plan review process provides some applicants the opportunity to pay a premium for their
plan review to reduce the review time to half or even one-quarter of the standard review time and,
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ultimately, reduce some carrying costs of a development project. This process is highly customer-service-
oriented and is extremely beneficial to the applicant as well as to our clients.
Third-Party Agreements
Third-party agreements can be utilized by the County to allow the permit applicant/holder to pay Willdan
directly for the same services that the County offers throughout-sourced plan reviews or inspections. The
advantage of this
process is that it allows the County to reduce revenue and expenditure concerns, while maintaining
control over the plan review and inspection process.
Project Approach
Willdan sees our role as that of facilitator and guide—helping development applicants get through the
review, permitting, and inspection processes – rather than leaving the applicant in a lurch. We understand
that the process of complying with ever-changing codes, standards, regulations, and laws can be a
formidable and daunting undertaking for even the most seasoned design or construction professional.
Furthermore, an understanding of the complexities associated with processing private development
applications and potential competing interests is essential to exceptional customer service. We are there
to serve the bests interests of our client and assist developers and designers to complete their desired
projects for the betterment of the entire community. Common sense decision-making and technical
analysis in interpreting the intent of regulatory guidelines are significant strengths Willdan's staff brings to
the County.
Plan Review Services
All building plans are examined for compliance with adopt-ed version of the International Building
Code, International Residential Code, International Energy Conservation Code, International
Mechanical Code, International Plumbing Code, National Electrical Code, International Existing
Building Code, International Property Maintenance Code, International Fire Code, ADA Accessibility
Code, and all applicable County ordinances. Plan reviews for disabled access compliance may include a
review of precise grading plans. Plan reviews include an overview of the application package for other
applicable requirements, such as approvals from other local agencies and districts and coordination with
other County departments. All plan reviews comply with the County’s directives, codes, and policies as
determined by adopted building codes and state and federal standards and involve a review of design
element requirements for:
•
Architectural
•
Plumbing
•
Structural
•
Electrical
•
Disabled Access
•
Fire
•
Life-safety
•
Mechanical
•
Residential
•
Energy Conservation
Typically, when a project is received, it is logged into PCTS to allow internal tracking of the project. Based
upon the type of review needed, Willdan’s project manager will triage the project and assign it for review.
The triage process ensures that the disciplines needed are identified and the appropriate staff is
assigned. Through PCTS, the project is separated into segments allowing each discipline to complete
their portion in a manner that fosters easy compilation of all review comments by the project manager.
During the review cycle, the project manager reviews the schedule to determine the status of the project.
PCTS identifies the timeline status of each discipline in the review process. The system points out
potential re-source overload and bottlenecks – allowing our project manager to assess the review
schedule and bring in additional corporate-wide staffing resources if needed.
Following the hard-copy or electronic review, senior staff members certified or registered in the given
discipline perform a quality assurance overview to confirm a complete and accurate review has been
performed. If issues arise, the senior staff will meet with the plan reviewer to discuss the discrepancy and
add or subtract comments in the correspondence prior to returning the project to Maricopa County. We
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encourage communication between Maricopa County, the applicant, and Willdan prior to resubmitting a
project for review to ensure questions related to the project are understood and addressed. Willdan
notifies each applicant with two complete typewritten plan review letters outlining the documents reviewed
and providing instructions to the applicant regarding document processing and a list of plan review
comments. The plan review comments refer to appropriate sheets, details, or calculation pages and the
code section of concern. Comments will specify the apparent code violation. Plan review comments,
plans, and documents are returned directly to the designers until plans are approved.
Our plan reviewers will schedule meetings during work hours to discuss and clarify plan review issues
with designers, owners, and contractors. Resolutions of code issues are accomplished by telephone,
email, or meetings prior to resubmitting corrected plans and documents. Willdan’s plan review staff will
often meet with County staff, architects, developers, and homeowners prior to plan re-submittal to discuss
any issues arising from the first review comments and address code compliance concerns or questions.
These meetings help to expedite second (or third) plan reviews and move toward timely approvals. On
larger or complex projects, Willdan will provide up-front consultation services with the design team to
ensure all parties understand the standards and submittal requirements.
Plan Review Timeline Schedule
Willdan offers the timelines delineated below as our turnaround schedule for plan review:
Project Initial Review
Inspection Services
Willdan's inspectors perform assigned inspections in accordance with County-adopted codes, regulations,
procedures, and processes and with applicable state and federal codes. Inspectors review the permit
package to verify that on-site conditions are consistent with the appropriate records for square footage,
setbacks, heights, and other requirements that may be applicable. Inspectors comply with the County’s
procedures for reporting inspection results, use County inspection correction forms, make appropriate
entries onto the permit documents, and follow County procedures prior to finalizing a building permit. Our
inspectors are thorough and spend the necessary time with the applicant during the inspection process to
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explain any issues and what is needed to correct deficiencies. Additionally, our correction notices will
contain the code section or other reference number, when applicable, that the applicant may need for
reference to resolve an issue. When an inspection assignment is received, a qualified member of our
inspection staff will be assigned to the project. Depending upon the complexity of the project, the staff
assigned may perform multi-disciplined inspections.
On complex projects, specialized inspection staff will be used to ensure that the highest quality of service
is provided. The assigned staff will be available during the duration of the project with back-up provided
based upon workload and expertise. Inspections will be performed by one inspector to maintain project
continuity, unless approved to add additional staff due to work progress or project complexities. Assigned
inspector(s) will respond to construction inspection requests as outlined by the adopted codes, as
required by the plans and specifications, and as required by the designated representative of Maricopa
County. Willdan staff will fully familiarize themselves with all forms and processes Maricopa County
currently has in place or will provide Maricopa County with customized forms to accurately document the
work performed on the project. Inspection records and reports will be maintained at Willdan’s office with
copies provided to Maricopa County's designated representative for their use in project documentation
and statis-tical reports. Willdan’s staff will conform to all of Maricopa County’s policies and procedures.
Inspectors will report directly to Maricopa County's designee and will perform all tasks as requested. Plan
review and inspection staff will attend all meetings deemed necessary by Maricopa County and Willdan
management.
Inspection Timeline Schedule
Inspection requests that have been scheduled following the County’s established policies and procedures
are completed the day they are assigned. Willdan has the organizational and the technical skills, as well
as the staffing capacity, necessary to accommodate inspections on an emergency basis with as little as a
four-hour notice.
Quality Assurance
Quality assurance and control procedures are critical to ensuring sound engineering practices and quality
deliverables are produced for our clients. Mr. Patrick Johnson, PE, will serve Maricopa County as the
Quality Assurance Manager. As a matter of practice, project-specific quality assurance activities are
planned at the beginning of each project. Typical activities include ensuring the appropriate technical staff
is assigned to the project, ensuring the proper project technical approach is selected, establishing a
project schedule that meets internal Willdan and County deadlines, and determining the proper level of
quality review. Mr. Johnson will coordinate with Ms. Autumn Wollmann, CBO, our proposed Project
Manager, to assign a senior staff member(s) experienced in the required disciplines to perform quality
reviews and ensure project objectives are met at project completion. Civil reviews will be managed under
Building Safety and reviewed by or under the guidance of registered civil engineers.
Our preliminary plan review County code compliance check serves as a pre-established guideline for our
quality assurance and control methodologies for each project review. All correction letters are reviewed
before they are returned to the applicant and the County. All projects requiring additional rechecks are
reviewed by the same individual(s) to positively confirm that all questions and comments have been
addressed before releasing the project back to the applicant and the County.
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EXHIBIT C: OFFICE OF PROCUREMENT SERVICES CONTRACTOR TRAVEL AND
PER DIEM POLICY
1.0
All contract-related travel plans and arrangements shall be prior-approved by the County contract
administrator.
2.0
Lodging, per diem, and incidental expenses incurred in performance of Maricopa County/Special
District (County) contracts shall be reimbursed based on current U.S. General Services
Administration (GSA) domestic per diem rates for Phoenix, Arizona. Contractors must access the
following internet site to determine rates (no exceptions): www.gsa.gov.
2.1
Additional incidental expenses (i.e., telephone, fax, internet, and copying charges) shall
not be reimbursed. They should be included in the contractor’s hourly rate as an overhead
charge.
2.2
The County will not (under any circumstances) reimburse for contractor guest lodging, per
diem, or incidentals.
3.0
Commercial air travel shall be reimbursed as follows:
3.1
Coach airfare will be reimbursed by the County. Business class airfare may be allowed
only when preapproved in writing by the County contract administrator as a result of the
business needs of the County when there is no lower fare available.
3.2
The lowest direct flight airfare rate from the contractor’s assigned duty post (pre-defined at
the time of contract signing) will be reimbursed. Under no circumstances will the County
reimburse for airfares related to transportation to or from an alternate site.
3.3
The County will not (under any circumstances) reimburse for contractor guest commercial
air travel.
4.0
Rental vehicles may only be used if such use would result in an overall reduction in the total cost
of the trip, not for the personal convenience of the traveler. Multiple vehicles for the same set of
travelers for the same travel period will not be permitted without prior written approval by the County
contract administrator.
4.1
Purchase of comprehensive and collision liability insurance shall be at the expense of the
contractor. The County will not reimburse a contractor if the contractor chooses to purchase
this coverage.
4.2
Rental vehicles are restricted to sub-compact, compact, or mid-size sedans unless a larger
vehicle is necessary for cost efficiency due to the number of travelers. (NOTE: Contractors
shall obtain pre-approval in writing from the County contract administrator prior to rental of
a larger vehicle.)
4.3
County will reimburse for parking expenses if free, public parking is not available within a
reasonable distance of the place of County business. All opportunities must be exhausted
prior to securing parking that incurs costs for the County. Opportunities to be reviewed are
the DASH, shuttles, etc. that can transport the contractor to and from County buildings with
minimal costs.
4.4
County will reimburse for the lowest rate, long-term, uncovered (covered or enclosed
parking will not be reimbursed) airport parking only if it is less expensive than shuttle
service to and from the airport.
4.5
The County will not (under any circumstances) reimburse the contractor for guest vehicle
rental(s) or other any transportation costs.
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5.0
Contractor is responsible for all costs not directly related to the travel except those that have been
pre-approved by the County contract administrator. These costs include, but are not limited to, the
following: in-room movies, valet service, valet parking, laundry service, costs associated with
storing luggage at a hotel, fuel costs associated with non-County activities, tips that exceed the per
diem allowance, health club fees, and entertainment costs. Claims for unauthorized travel
expenses will not be honored and are not reimbursable.
6.0
Travel and per diem expenses shall be capped at 15 percent of project price unless otherwise
specified and approved by the County in individual contracts.
7.0
Contractor shall provide, (upon request) with their invoice(s), copies of receipts supporting travel
and per diem expenses, and, if applicable, with a copy of the written consent issued by the County
contract administrator. No travel and per diem expenses shall be paid by County without copies of
the written consent as described in this policy and copies of all receipts.