HomeMy WebLinkAboutC2023-033 - SafeBuilt of Az
Contract No. 2023-033
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
SAFEBUILT ARIZONA, LLC
THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is entered upon
execution between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”)
and SafeBuilt Arizona, LLC, a(n) Arizona limited liability company (the “Vendor”).
RECITALS
A. The Town issued a Request for Proposals, RFP No. “RFP-2022-022” (the “RFP”),
a copy of which is on file with the Town and incorporated herein by reference, seeking proposals
from vendors interested in providing Building Inspection Services for the Town (the “Services”).
B. The Vendor responded to the RFP by submitting a proposal (the “Proposal”),
attached hereto as Exhibit A and incorporated herein by reference.
C. The Town desires to enter into an Agreement with the Vendor to perform the
Services, as set forth below.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Town and the Vendor hereby agree as follows:
1. Term of Agreement. This Agreement shall be effective as of the date of execution
above and shall remain in full force and effect until June 30, 2023 (the “Initial Term”), unless
terminated as otherwise provided in this Agreement. After the expiration of the Initial Term, this
Agreement may be renewed for up four successive one-year terms (the “Renewal Term”) if (i) it
is deemed in the best interests of the Town, subject to availability and appropriation of funds for
renewal, (ii) at least 30 days prior to the end of the then-current term of this Agreement, the Vendor
requests, in writing, to extend this Agreement for an additional one-year term and (iii) the Town
approves the additional one-year term in writing (including any price adjustments approved as part
of this Agreement), as evidenced by the Town Manager’s signature thereon, which approval may
be withheld by the Town for any reason. The Vendor’s failure to seek a renewal of this Agreement
shall cause this Agreement to terminate at the end of the then-current term of this Agreement;
provided, however, that the Town may, at its discretion and with the agreement of the Vendor,
elect to waive this requirement and renew this Agreement. The Initial Term and the Renewal Term
are collectively referred to herein as the “Term.” Upon renewal, the terms and conditions of this
Agreement shall remain in full force and effect.
2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement
for Services as previously set forth herein. Services shall only be provided when the Town
identifies a need and proper authorization and documentation have been approved. For project(s)
determined by the Town to be appropriate for this Agreement, the Vendor shall provide the
Services to the Town on an as-required basis relating to the specific Services as may be agreed
upon between the parties in writing, in the form of a written acknowledgment between the parties
describing the Services to be provided (each, a “Work Order”). Each Work Order issued for
Services pursuant to this Agreement shall be (i) in the form provided and approved by the Town
for the Services, (ii) contain a reference to this Agreement and (iii) be attached to hereto as Exhibit
B and incorporated herein by reference. By signing this Agreement, Vendor acknowledges and
agrees that Work Order(s) containing unauthorized exceptions, conditions, limitations, or
provisions in conflict with the terms of this Agreement, other than Town's project-specific
requirements, are hereby expressly declared void and shall be of no force and effect. The Town
does not guarantee any minimum or maximum amount of Services will be requested under this
Agreement.
3. Compensation. The Town shall pay the Vendor an aggregate amount not to exceed
$650,000 (and not to exceed $130,000 per term), including all renewals, at the rates set forth in
the Fee Proposal attached hereto as Exhibit A and incorporated herein by reference.
4. Payments. The Town shall pay the Vendor monthly (and the Vendor shall invoice
the Town monthly), based upon work performed and completed to date, and upon submission and
approval of invoices. All invoices shall document and itemize all work completed to date. Each
invoice statement shall include a record of time expended and work performed in sufficient detail
to justify payment. This Agreement must be referenced on all invoices.
5. Documents. All documents, including any intellectual property rights thereto,
prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town.
6. Vendor Personnel. Vendor shall provide adequate, experienced personnel, capable
of and devoted to the successful performance of the Services under this Agreement. Vendor agrees
to assign specific individuals to key positions. If deemed qualified, the Vendor is encouraged to
hire Town residents to fill vacant positions at all levels. Vendor agrees that, upon commencement
of the Services to be performed under this Agreement, key personnel shall not be removed or
replaced without prior written notice to the Town. If key personnel are not available to perform
the Services for a continuous period exceeding 30 calendar days, or are expected to devote
substantially less effort to the Services than initially anticipated, Vendor shall immediately notify
the Town of same and shall, subject to the concurrence of the Town, replace such personnel with
personnel possessing substantially equal ability and qualifications.
7. Inspection; Acceptance. All work shall be subject to inspection and acceptance by
the Town at reasonable times during Vendor’s performance. The Vendor shall provide and
maintain a self-inspection system that is acceptable to the Town.
8. Licenses; Materials. Vendor shall maintain in current status all federal, state and
local licenses and permits required for the operation of the business conducted by the Vendor. The
Town has no obligation to provide Vendor, its employees or subcontractors any business
registrations or licenses required to perform the specific services set forth in this Agreement. The
Town has no obligation to provide tools, equipment or material to Vendor.
9. Performance Warranty. Vendor warrants that the Services rendered will conform
to the requirements of this Agreement and with the care and skill ordinarily used by members of
the same profession practicing under similar circumstances at the same time and in the same
locality.
10. Indemnification. To the fullest extent permitted by law, the Vendor shall
indemnify, defend and hold harmless the Town and each council member, officer, employee or
agent thereof (the Town and any such person being herein called an “Indemnified Party”), for,
from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but
not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to
which any such Indemnified Party may become subject, under any theory of liability whatsoever
(“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are
caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions,
breach of contract, in connection with the work or services of the Vendor, its officers, employees,
agents, or any tier of subcontractor in the performance of this Agreement. The amount and type
of insurance coverage requirements set forth below will in no way be construed as limiting the
scope of the indemnity in this Section.
11. Insurance.
11.1 General.
A. Insurer Qualifications. Without limiting any obligations or
liabilities of Vendor, Vendor shall purchase and maintain, at its own expense, hereinafter
stipulated minimum insurance with insurance companies authorized to do business in the
State of Arizona pursuant to ARIZ. REV. STAT. § 20-206, as amended, with an AM Best,
Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to
maintain insurance as specified herein may result in termination of this Agreement at the
Town’s option.
B. No Representation of Coverage Adequacy. By requiring insurance
herein, the Town does not represent that coverage and limits will be adequate to protect
Vendor. The Town reserves the right to review any and all of the insurance policies and/or
endorsements cited in this Agreement but has no obligation to do so. Failure to demand
such evidence of full compliance with the insurance requirements set forth in this
Agreement or failure to identify any insurance deficiency shall not relieve Vendor from,
nor be construed or deemed a waiver of, its obligation to maintain the required insurance
at all times during the performance of this Agreement.
C. Additional Insured. All insurance coverage, except Workers’
Compensation insurance and Professional Liability insurance, if applicable, shall name, to
the fullest extent permitted by law for claims arising out of the performance of this
Agreement, the Town, its agents, representatives, officers, directors, officials and
employees as Additional Insured as specified under the respective coverage sections of this
Agreement.
D. Coverage Term. All insurance required herein shall be maintained
in full force and effect until all work or services required to be performed under the terms
of this Agreement are satisfactorily performed, completed and formally accepted by the
Town, unless specified otherwise in this Agreement.
E. Primary Insurance. Vendor’s insurance shall be primary insurance
with respect to performance of this Agreement and in the protection of the Town as an
Additional Insured.
F. Claims Made. In the event any insurance policies required by this
Agreement are written on a “claims made” basis, coverage shall extend, either by keeping
coverage in force or purchasing an extended reporting option, for three years past
completion and acceptance of the services. Such continuing coverage shall be evidenced
by submission of annual Certificates of Insurance citing applicable coverage is in force and
contains the provisions as required herein for the three-year period.
G. Waiver. All policies, except for Professional Liability, including
Workers’ Compensation insurance, shall contain a waiver of rights of recovery
(subrogation) against the Town, its agents, representatives, officials, officers and
employees for any claims arising out of the work or services of Vendor. Vendor shall
arrange to have such subrogation waivers incorporated into each policy via formal written
endorsement thereto.
H. Policy Deductibles and/or Self-Insured Retentions. The policies set
forth in these requirements may provide coverage that contains deductibles or self-insured
retention amounts. Such deductibles or self-insured retention shall not be applicable with
respect to the policy limits provided to the Town. Vendor shall be solely responsible for
any such deductible or self-insured retention amount.
I. Use of Subcontractors. If any work under this Agreement is
subcontracted in any way, Vendor shall execute written agreements with its subcontractors
containing the indemnification provisions set forth in this Agreement and insurance
requirements set forth herein protecting the Town and Vendor. Vendor shall be responsible
for executing any agreements with its subcontractors and obtaining certificates of insurance
verifying the insurance requirements.
J. Evidence of Insurance. Prior to commencing any work or services
under this Agreement, Vendor will provide the Town with suitable evidence of insurance
in the form of certificates of insurance and a copy of the declaration page(s) of the insurance
policies as required by this Agreement, issued by Vendor’s insurance insurer(s) as evidence
that policies are placed with acceptable insurers as specified herein and provide the
required coverages, conditions and limits of coverage specified in this Agreement and that
such coverage and provisions are in full force and effect. Confidential information such as
the policy premium may be redacted from the declaration page(s) of each insurance policy,
provided that such redactions do not alter any of the information required by this
Agreement. The Town shall reasonably rely upon the certificates of insurance and
declaration page(s) of the insurance policies as evidence of coverage but such acceptance
and reliance shall not waive or alter in any way the insurance requirements or obligations
of this Agreement. If any of the policies required by this Agreement expire during the life
of this Agreement, it shall be Vendor’s responsibility to forward renewal certificates and
declaration page(s) to the Town 30 days prior to the expiration date. All certificates of
insurance and declarations required by this Agreement shall be identified by referencing
the RFP number and title or this Agreement. A $25.00 administrative fee shall be assessed
for all certificates or declarations received without the appropriate RFP number and title or
a reference to this Agreement, as applicable. Additionally, certificates of insurance and
declaration page(s) of the insurance policies submitted without referencing the appropriate
RFP number and title or a reference to this Agreement, as applicable, will be subject to
rejection and may be returned or discarded. Certificates of insurance and declaration
page(s) shall specifically include the following provisions:
(1) The Town, its agents, representatives, officers, directors,
officials and employees are Additional Insureds as follows:
(a) Commercial General Liability – Under Insurance
Services Office, Inc., (“ISO”) Form CG 20 10 03 97 or equivalent.
(b) Auto Liability – Under ISO Form CA 20 48 or
equivalent.
(c) Excess Liability – Follow Form to underlying
insurance.
(2) Vendor’s insurance shall be primary insurance with respect
to performance of this Agreement.
(3) All policies, except for Professional Liability, including
Workers’ Compensation, waive rights of recovery (subrogation) against Town, its
agents, representatives, officers, officials and employees for any claims arising out
of work or services performed by Vendor under this Agreement.
(4) ACORD certificate of insurance form 25 (2014/01) is
preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the
phrases in the cancellation provision “endeavor to” and “but failure to mail such
notice shall impose no obligation or liability of any kind upon the company, its
agents or representatives” shall be deleted. Certificate forms other than ACORD
form shall have similar restrictive language deleted.
11.2 Required Insurance Coverage.
A. Commercial General Liability. Vendor shall maintain “occurrence”
form Commercial General Liability insurance with an unimpaired limit of not less than
$1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual
Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability
arising from premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury. Coverage under the policy will be at
least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not
limited to, separation of insured’s clause. To the fullest extent allowed by law, for claims
arising out of the performance of this Agreement, the Town, its agents, representatives,
officers, officials and employees shall be cited as an Additional Insured under ISO,
Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or
equivalent, which shall read “Who is an Insured (Section II) is amended to include as an
insured the person or organization shown in the Schedule, but only with respect to liability
arising out of “your work” for that insured by or for you.” If any Excess insurance is
utilized to fulfill the requirements of this subsection, such Excess insurance shall be
“follow form” equal or broader in coverage scope than underlying insurance.
B. Vehicle Liability. Vendor shall maintain Business Automobile
Liability insurance with a limit of $1,000,000 each occurrence on Vendor’s owned, hired
and non-owned vehicles assigned to or used in the performance of the Vendor’s work or
services under this Agreement. Coverage will be at least as broad as ISO coverage code
“1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent
allowed by law, for claims arising out of the performance of this Agreement, the Town, its
agents, representatives, officers, directors, officials and employees shall be cited as an
Additional Insured under ISO Business Auto policy Designated Insured Endorsement form
CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of
this subsection, such Excess insurance shall be “follow form” equal or broader in coverage
scope than underlying insurance.
C. Professional Liability. If this Agreement is the subject of any
professional services or work, or if the Vendor engages in any professional services or
work in any way related to performing the work under this Agreement, the Vendor shall
maintain Professional Liability insurance covering negligent errors and omissions arising
out of the Services performed by the Vendor, or anyone employed by the Vendor, or
anyone for whose negligent acts, mistakes, errors and omissions the Vendor is legally
liable, with an unimpaired liability insurance limit of $2,000,000 each claim and
$2,000,000 annual aggregate.
D. Workers’ Compensation Insurance. Vendor shall maintain
Workers’ Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction over Vendor’s employees engaged in the performance of work
or services under this Agreement and shall also maintain Employers Liability Insurance of
not less than $500,000 for each accident, $500,000 disease for each employee and
$1,000,000 disease policy limit.
11.3 Cancellation and Expiration Notice. Insurance required herein shall not
expire, be canceled, or be materially changed without 30 days’ prior written notice to the Town.
12. Termination; Cancellation.
12.1 For Town’s Convenience. This Agreement is for the convenience of the
Town and, as such, may be terminated without cause after receipt by Vendor of written notice by
the Town. Upon termination for convenience, Vendor shall be paid for all undisputed services
performed to the termination date.
12.2 For Cause. If either party fails to perform any obligation pursuant to this
Agreement and such party fails to cure its nonperformance within 30 days after notice of
nonperformance is given by the non-defaulting party, such party will be in default. In the event of
such default, the non-defaulting party may terminate this Agreement immediately for cause and
will have all remedies that are available to it at law or in equity including, without limitation, the
remedy of specific performance. If the nature of the defaulting party’s nonperformance is such
that it cannot reasonably be cured within 30 days, then the defaulting party will have such
additional periods of time as may be reasonably necessary under the circumstances, provided the
defaulting party immediately (A) provides written notice to the non-defaulting party and (B)
commences to cure its nonperformance and thereafter diligently continues to completion the cure
of its nonperformance. In no event shall any such cure period exceed 90 days. In the event of
such termination for cause, payment shall be made by the Town to the Vendor for the undisputed
portion of its fee due as of the termination date.
12.3 Due to Work Stoppage. This Agreement may be terminated by the Town
upon 30 days’ written notice to Vendor in the event that the Services are permanently abandoned.
In the event of such termination due to work stoppage, payment shall be made by the Town to the
Vendor for the undisputed portion of its fee due as of the termination date.
12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ.
REV. STAT. § 38-511. The Town may cancel this Agreement without penalty or further obligations
by the Town or any of its departments or agencies if any person significantly involved in initiating,
negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its
departments or agencies is, at any time while this Agreement or any extension of this Agreement
is in effect, an employee of any other party to this Agreement in any capacity or a Vendor to any
other party of this Agreement with respect to the subject matter of this Agreement.
12.5 Gratuities. The Town may, by written notice to the Vendor, cancel this
Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future
employment, entertainment, gifts or otherwise, were offered or given by the Vendor or any agent
or representative of the Vendor to any officer, agent or employee of the Town for the purpose of
securing this Agreement. In the event this Agreement is canceled by the Town pursuant to this
provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and
withhold from the Vendor an amount equal to 150% of the gratuity.
12.6 Agreement Subject to Appropriation. This Agreement is subject to the
provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of
this Agreement for payment of funds by the Town shall be effective when funds are appropriated
for purposes of this Agreement and are actually available for payment. The Town shall be the sole
judge and authority in determining the availability of funds under this Agreement and the Town
shall keep the Vendor fully informed as to the availability of funds for this Agreement. The
obligation of the Town to make any payment pursuant to this Agreement is a current expense of
the Town, payable exclusively from such annual appropriations, and is not a general obligation or
indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the
amounts as set forth in this Agreement during any immediately succeeding fiscal year, this
Agreement shall terminate at the end of then-current fiscal year and the Town and the Vendor shall
be relieved of any subsequent obligation under this Agreement.
13. Miscellaneous.
13.1 Independent Contractor. It is clearly understood that each party will act in
its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the
other. An employee or agent of one party shall not be deemed or construed to be the employee or
agent of the other for any purpose whatsoever. The Vendor acknowledges and agrees that the
Services provided under this Agreement are being provided as an independent contractor, not as
an employee or agent of the Town. Vendor, its employees and subcontractors are not entitled to
workers’ compensation benefits from the Town. The Town does not have the authority to
supervise or control the actual work of Vendor, its employees or subcontractors. The Vendor, and
not the Town, shall determine the time of its performance of the services provided under this
Agreement so long as Vendor meets the requirements as agreed in Section 2 above and in Exhibit
A. Vendor is neither prohibited from entering into other contracts nor prohibited from practicing
its profession elsewhere. Town and Vendor do not intend to nor will they combine business
operations under this Agreement.
13.2 Applicable Law; Venue. This Agreement shall be governed by the laws of
the State of Arizona and suit pertaining to this Agreement may be brought only in courts in
Maricopa County, Arizona.
13.3 Laws and Regulations. Vendor shall keep fully informed and shall at all
times during the performance of its duties under this Agreement ensure that it and any person for
whom the Vendor is responsible abides by, and remains in compliance with, all rules, regulations,
ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A)
existing and future Town and County ordinances and regulations; (B) existing and future State and
Federal laws; and (C) existing and future Occupational Safety and Health Administration
standards.
13.4 Amendments. This Agreement may be modified only by a written
amendment signed by persons duly authorized to enter into contracts on behalf of the Town and
the Vendor.
13.5 Provisions Required by Law. Each and every provision of law and any
clause required by law to be in this Agreement will be read and enforced as though it were included
herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly
inserted, then upon the application of either party, this Agreement will promptly be physically
amended to make such insertion or correction.
13.6 Severability. The provisions of this Agreement are severable to the extent
that any provision or application held to be invalid by a Court of competent jurisdiction shall not
affect any other provision or application of this Agreement which may remain in effect without
the invalid provision or application.
13.7 Entire Agreement; Interpretation; Parol Evidence. This Agreement
represents the entire agreement of the parties with respect to its subject matter, and all previous
agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and
superseded by this Agreement. No representations, warranties, inducements or oral agreements
have been made by any of the parties except as expressly set forth herein, or in any other
contemporaneous written agreement executed for the purposes of carrying out the provisions of
this Agreement. This Agreement shall be construed and interpreted according to its plain meaning,
and no presumption shall be deemed to apply in favor of, or against the party drafting this
Agreement. The parties acknowledge and agree that each has had the opportunity to seek and
utilize legal counsel in the drafting of, review of, and entry into this Agreement.
13.8 Assignment; Delegation. No right or interest in this Agreement shall be
assigned or delegated by Vendor without prior, written permission of the Town, signed by the
Town Manager. Any attempted assignment or delegation by Vendor in violation of this provision
shall be a breach of this Agreement by Vendor.
13.9 Subcontracts. No subcontract shall be entered into by the Vendor with any
other party to furnish any of the material or services specified herein without the prior written
approval of the Town. The Vendor is responsible for performance under this Agreement whether
or not subcontractors are used. Failure to pay subcontractors in a timely manner pursuant to any
subcontract shall be a material breach of this Agreement by Vendor.
13.10 Rights and Remedies. No provision in this Agreement shall be construed,
expressly or by implication, as waiver by the Town of any existing or future right and/or remedy
available by law in the event of any claim of default or breach of this Agreement. The failure of
the Town to insist upon the strict performance of any term or condition of this Agreement or to
exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the
Town’s acceptance of and payment for services, shall not release the Vendor from any
responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a
waiver of any right of the Town to insist upon the strict performance of this Agreement.
13.11 Attorneys’ Fees. In the event either party brings any action for any relief,
declaratory or otherwise, arising out of this Agreement or on account of any breach or default
hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys’
fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall
be deemed to have accrued on the commencement of such action and shall be enforced whether or
not such action is prosecuted through judgment.
13.12 Liens. All materials or services shall be free of all liens and, if the Town
requests, a formal release of all liens shall be delivered to the Town.
13.13 Offset.
A. Offset for Damages. In addition to all other remedies at law or
equity, the Town may offset from any money due to the Vendor any amounts Vendor owes
to the Town for damages resulting from breach or deficiencies in performance or breach of
any obligation under this Agreement.
B. Offset for Delinquent Fees or Taxes. The Town may offset from
any money due to the Vendor any amounts Vendor owes to the Town for delinquent fees,
transaction privilege taxes and property taxes, including any interest or penalties.
13.14 Notices and Requests. Any notice or other communication required or
permitted to be given under this Agreement shall be in writing and shall be deemed to have been
duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S.
Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to
a recognized and reputable overnight delivery service, to the address set forth below:
If to the Town: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Grady E. Miller, Town Manager
With copy to: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Aaron D. Arnson, Town Attorney
If to Vendor: SafeBuilt Arizona, LLC
3707 E. Southern Ave., Floor 1
Mesa, Arizona 85026
Attn: Shani Casillas/Sharon Marquez
or at such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received (A) when delivered to the party, (B) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage or (C) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following business day. If
a copy of a notice is also given to a party’s counsel or other recipient, the provisions above
governing the date on which a notice is deemed to have been received by a party shall mean and
refer to the date on which the party, and not its counsel or other recipient to which a copy of the
notice may be sent, is deemed to have received the notice.
13.15 Confidentiality of Records. The Vendor shall establish and maintain
procedures and controls that are acceptable to the Town for the purpose of ensuring that
information contained in its records or obtained from the Town or from others in carrying out its
obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or
employees, except as required to perform Vendor’s duties under this Agreement. Persons
requesting such information should be referred to the Town. Vendor also agrees that any
information pertaining to individual persons shall not be divulged other than to employees or
officers of Vendor as needed for the performance of duties under this Agreement.
13.16 Records and Audit Rights. To ensure that the Vendor and its subcontractors
are complying with the warranty under subsection 13.17 below, Vendor’s and its subcontractor’s
books, records, correspondence, accounting procedures and practices, and any other supporting
evidence relating to this Agreement, including the papers of any Vendor and its subcontractors’
employees who perform any work or services pursuant to this Agreement (all of the foregoing
hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or
reproduction during normal working hours by the Town, to the extent necessary to adequately
permit (A) evaluation and verification of any invoices, payments or claims based on Vendor’s and
its subcontractors’ actual costs (including direct and indirect costs and overhead allocations)
incurred, or units expended directly in the performance of work under this Agreement and (B)
evaluation of the Vendor’s and its subcontractors’ compliance with the Arizona employer
sanctions laws referenced in subsection 13.17 below. To the extent necessary for the Town to
audit Records as set forth in this subsection, Vendor and its subcontractors hereby waive any rights
to keep such Records confidential. For the purpose of evaluating or verifying such actual or
claimed costs or units expended, the Town shall have access to said Records, even if located at its
subcontractors’ facilities, from the effective date of this Agreement for the duration of the work
and until three years after the date of final payment by the Town to Vendor pursuant to this
Agreement. Vendor and its subcontractors shall provide the Town with adequate and appropriate
workspace so that the Town can conduct audits in compliance with the provisions of this
subsection. The Town shall give Vendor or its subcontractors reasonable advance notice of
intended audits. Vendor shall require its subcontractors to comply with the provisions of this
subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement.
13.17 E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. §
41-4401, the Vendor and its subcontractors warrant compliance with all federal immigration laws
and regulations that relate to their employees and their compliance with the E-verify requirements
under ARIZ. REV. STAT. § 23-214(A). Vendor’s or its subcontractors’ failure to comply with such
warranty shall be deemed a material breach of this Agreement and may result in the termination
of this Agreement by the Town.
13.18 Israel. Vendor certifies that it is not currently engaged in, and agrees for
the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in
ARIZ. REV. STAT. § 35-393, of Israel.
13.19 Conflicting Terms. In the event of any inconsistency, conflict or ambiguity
among the terms of this Agreement, the Proposal, any Town-approved invoices, and the RFP, the
documents shall govern in the order listed herein.
13.20 Non-Exclusive Contract. This Agreement is entered into with the
understanding and agreement that it is for the sole convenience of the Town. The Town reserves
the right to obtain like goods and services from another source when necessary.
[SIGNATURES ON FOLLOWING PAGES]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
“Town”
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
Grady E. Miller, Town Manager
ATTEST:
Linda Mendenhall, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
Aaron Arnson (Oct 19, 2022 14:29 PDT)
“Contractor/Vendor/Consultant”
____________________________________,
By:
Name:
Title:
SafeBuilt Arizona, LLC, a(n) Arizona limited liability company
Gary Amato
CAO
EXHIBIT A
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
SAFEBUILT ARIZONA, LLC
[Consultant’s Proposal]
See following pages.
Town of Fountain Hills
Admin-Procurement
Robert Durham, Procurement Officer
16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268
PROPOSAL DOCUMENT REPORT
RFP No. RFP-2022-022
Building Inspection Services
RESPONSE DEADLINE: July 7, 2022 at 5:00 pm
Report Generated: Wednesday, August 3, 2022
SAFEbuilt, LLC Proposal
CONTACT INFORMATION
Company:
SAFEbuilt, LLC
Email:
proposals@safebuilt.com
Contact:
Hill McCoy
Address:
444 North Cleveland Avenue
Loveland, IL 80537
Phone:
(817) 798-9005
Website:
www.safebuilt.com
Submission Date:
Jul 6, 2022 10:36 AM
PROPOSAL DOCUMENT REPORT
RFP No. RFP-2022-022
Building Inspection Services
PROPOSAL DOCUMENT REPORT
Request for Proposals - Building Inspection Services
Page 2
ADDENDA CONFIRMATION
Addendum #1
Confirmed Jul 6, 2022 10:25 AM by Jessica Koehler
QUESTIONNAIRE
1. Certification
By confirming questions under this section, the Vendor certifies:
NO COLLUSION*
The submission of the Proposal did not involve collusion or other anti-competitive practices.
Confirmed
NO DISCRIMINATION*
It shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246.
Confirmed
NO GRATUITY*
It has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gi ft, loan,
gratuity, special discount, trip favor or service to a Town employee, officer or agent in connection with the submitted Proposal. It
(including the Vendor’s employees, representatives, agents, lobbyists, attorneys, and subcontractors) has refrained, under penalty of
disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process
with any person who may play a part in the selection process, including the Selection Committee, elected officials, the Town Manager,
Assistant Town Managers, Department Heads, and other Town staff. All contact must be addressed to the Town’s Procurement Agent,
PROPOSAL DOCUMENT REPORT
RFP No. RFP-2022-022
Building Inspection Services
PROPOSAL DOCUMENT REPORT
Request for Proposals - Building Inspection Services
Page 3
except for questions submitted as set forth in Subsection 1.4 (Inquiries), above. Any attempt to influence the selection proc ess by any
means shall void the submitted Proposal and any resulting Agreement.
Confirmed
FINANCIAL STABILITY*
It is financially stable, solvent and has adequate cash reserves to meet all financial obligations including any potential co sts resulting
from an award of the Agreement.
Confirmed
NO SIGNATURE/FALSE OR MISLEADING STATEMENT*
The signature on the cover letter of the Proposal and the Vendor Information Form is genuine and the person signing has the
authority to bind the Vendor. Failure to sign the Proposal and the Vendor Information Form, or signing either with a false or
misleading statement, shall void the submitted Proposal and any resulting Agreement.
Confirmed
PROFESSIONAL SERVICES AGREEMENT*
In addition to reviewing and understanding the submittal requirements, it has reviewed the attached sample Professional Services
Agreement including the Scope of Work and other Exhibits.
Confirmed
REFERENCE CHECKS*
References will be checked, and it is Vendor’s responsibility to ensure that all information is accurate and current. Vendor authorizes
the Town’s representative to verify all information from these references and releases all those concerned from any liability in
connection with the information they provide. Inability of the Town to verify references shall result in the Proposal being considered
non-responsive.
PROPOSAL DOCUMENT REPORT
RFP No. RFP-2022-022
Building Inspection Services
PROPOSAL DOCUMENT REPORT
Request for Proposals - Building Inspection Services
Page 4
Confirmed
2. Vendor Proposal
GENERAL INFORMATION*
A. One page cover letter as described in the section titled "RFP Submission Process", the subsection titled "Required Submittal".
B. Provide Vendor identification information. Explain the Vendor’s legal organization including the legal name, address,
identification number and legal form of the Vendor (e.g., partnership, corporation, joint venture, limited liability company, sole
proprietorship). If a joint venture, identify the members of the joint venture and provide all of the information required under
this section for each member. If a limited liability company, provide the name of the member or members authorized to act on
the company’s behalf. If the Vendor is a wholly owned subsidiary of another company, identify the parent c ompany. If the
corporation is a nonprofit corporation, provide nonprofit documentation. Provide the name, address and telephone number of
the person to contact concerning the Proposal.
C. Identify the location of the Vendor’s principal office and the local work office, if different. Include any documentation that
supports the Vendor’s authority to provide services in Arizona.
D. Provide a general description of the Vendor’s organization, including years in business.
E. Identify any contract or subcontract held by the Vendor or officers of the Vendor that have been terminated within the last
five years. Briefly describe the circumstances and the outcome.
F. Identify any claims arising from a contract which resulted in litigation or arbitration within the last five years. Briefly describe
the circumstances and the outcome.
2.1_General_Information.pdf
EXPERIENCE AND QUALIFICATIONS OF THE VENDOR*
Provide a detailed description of the Vendor’s experience in providing similar services to municipalities or other entities of a similar
size to the Town, specifically relating experience with respect to Building Inspection.
PROPOSAL DOCUMENT REPORT
RFP No. RFP-2022-022
Building Inspection Services
PROPOSAL DOCUMENT REPORT
Request for Proposals - Building Inspection Services
Page 5
A. Vendor must demonstrate successful completion of at least three similar projects within the past 60 months. For the purpose
of this Solicitation, “successful completion” means completion of a project within the established schedule and budget and
“similar projects” resemble this project in size, nature and scope. Provide a list of at least three organizations for which you
successfully completed a similar project. This list shall include, at a minimum, the following information:
1. Name of company or organization.
2. Contact name.
3. Contact address, telephone number and e-mail address.
4. Type of services provided.
5. Dates of contract initiation and expiration.
2.2_Experience_and_Qualifications_of_the_Vendor.pdf
KEY POSITIONS*
A. Identify each key personnel member that will render services to the Town including title and relevant experience required,
including the proposed project manager and project staff.
B. Indicate the roles and responsibilities of each key position. Include senior members of the Vendor only from the perspective of
what their role will be in providing services to the Town.
C. If a subcontractor will be used for all work of a certain type, include infor mation on this subcontractor. A detailed plan for
providing supervision must be included.
D. Attach a résumé and evidence of certification, if any, for each key personnel member and/or subcontractor to be involved in
this project. Résumés should be attached together as a single appendix at the end of the Proposal and will not count toward
the Proposal page limit. However, each resume shall not exceed two pages in length.
2.3_Key_Positions.pdf
PROJECT APPROACH*
PROPOSAL DOCUMENT REPORT
RFP No. RFP-2022-022
Building Inspection Services
PROPOSAL DOCUMENT REPORT
Request for Proposals - Building Inspection Services
Page 6
A. Describe the Vendor’s approach to performing the required Services in the section titled Scope of Work, and its approach to
contract management, including its perspective and experience on partnering, customer serv ice, quality control, scheduling
and staff.
B. Describe any alternate approaches if it is believed that such an approach would best suit the needs of the Town. Include
rationale for alternate approaches, and indicate how the Vendor will ensure that all efforts are coordinated with the Town’s
Representatives.
2.4_Project_Approach.pdf
PRICING*
2.5_Pricing.pdf
Fountain Hills, AZ
July 7, 2022 | 5:00 pm
SAFEbuilt Arizona, LLC
RFP-2022-022
Building Inspection Services
PORTAL SUBMITTAL
Shani Canillas
Account Manager
970.294.6801
scanillas@safebuilt.com
Eric Pendley
Regional Director of Operations
970.977.6270
ependley@safebuilt.com
Tab 1
General Information
MAKING A DIFFERENCE WHERE YOU NEED US
Thursday, July 7, 2022
The Town of Fountain Hills
Development Services
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
RE: RFP-2022-022 Request for Proposals for Building Inspection Services
To Whom it May Concern:
SAFEbuilt Arizona, LLC (SAFEbuilt) is pleased to present this response to the Request for Proposals for Building
Inspection Services for the Town of Fountain Hills, AZ. Accurate and timely Building Inspection Services are
critical to supporting development. SAFEbuilt provides efficient and effective solutions using our proven methods
to deliver high customer satisfaction at a competitive cost.
SAFEbuilt has been providing Building Department Services since 1992, and we currently support the Town of
Fountain Hills with plan review and building inspection services. Our goal is to ensure that the Town has the right
resources available to the community whenever needed.
To provide your community with quality services, choosing a company with demonstrated abilities like SAFEbuilt
is essential. Our long-term experience with other communities in Arizona and throughout the Southwest, along
with our own experience supporting the Town, provides SAFEbuilt with a thorough working knowledge of the
Town’s requirements and expectations. Our previous work highlights our technical expertise in performing these
services in a timely, well-qualified, and resourceful manner. We have provided examples of our work, each
similar to the contract’s size, scope, and complexity.
Our proposal details our services, qualifications, and fees for delivering outstanding Building Inspection Services
to support your Building Department. We enthusiastically present this proposal for your review and evaluation.
We thank you in advance for taking the time to assess our proposal. Your main point of contact for questions
or clarifications about this proposal is your Account Manager, Ms. Shani Canillas. She can be contacted at
970.294.6801 or by email at scanillas@safebuilt.com.
Again, thank you, and we look forward to continuing and growing our support for the Town of Fountain Hills.
Best Regards,
Chris Giordano
Chief Executive Officer
SAFEbuilt Arizona, LLC, a SAFEbuilt Company
INTEGRIT
Y
• IMPROVEMENT • SERVICE • TEAMWORK • RESPECTINTEGRIT
Y
• IMPROVEMENT • SERVICE • TEAMWORK • RESPECT
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Fountain Hills, AZ | RFP-2022-022 | Building Inspection Services
MAKING A DIFFERENCE WHERE YOU NEED US
Vendor Identification Information
SAFEbuilt Arizona, LLC is a wholly-owned subsidiary of SAFEbuilt, LLC, an industry-leading, third-party provider
of building department services to municipal and private clients in 31 states. SAFEbuilt Arizona, LLC, was
registered with the State of Arizona Office of Corporate Commission on October 3, 2014.
Points of Contact
Ms. Shani Canillas, Account Manager, and Mr. Eric Pendley, Regional Director of Operations, are the primary
points of contact for questions concerning this proposal.
Headquarters
444 N. Cleveland Ave
Loveland, CO 80537
866.977.4111
Ms. Shani Canillas
Account Manager
970.294.6801
scanillas@safebuilt.com
Mr. Eric Pendley
Regional Director of Operations
970.977.6270
ependley@safebuilt.com
Offices
Principal Office
444 N. Cleveland Ave
Loveland, CO 80537
Local Office
4325 East Via Donna Road
Cave Creek, AZ 85331
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Fountain Hills, AZ | RFP-2022-022 | Building Inspection Services
MAKING A DIFFERENCE WHERE YOU NEED US
Organization
In 1992, SAFEbuilt began providing exceptional Community Development services to local governments. Today,
we are a national leader performing value-added professional, technical, and consulting services in 31 states
and the District of Columbia for the efficient delivery of third-party solutions.
While we started by simply providing construction inspections and plan reviews for several communities in
Northern Colorado, our areas of service have expanded over the past 30 years to include:
Code Enforcement Permit Technician Certified Building Ocial
Community Development
Automation Software
Expedited Plan Review,
Inspections, and Engineering
for Special Projects
Housing Authority
Inspections
Planning and Zoning
Services Disaster Recovery
Full Service and
Supplemental Building
Department Operations
Residential, Commercial,
and Industrial Plan Review
Building, Mechanical,
Electrical, and Plumbing
Inspection
Fire Plan and Life Safety
Review and Inspection
Over the decades, our capacity has grown to 1,400+ employees who provide flexibility and economy of scale
to 1,000+ communities like the Town of Fountain Hills. We deliver solid teams of skilled industry professionals
to meet the goals and objectives of each community we serve, providing experienced staff with the necessary
licenses and certifications to achieve successful outcomes. SAFEbuilt has completed thousands of community
development projects, and we have the staff to accommodate all the requirements needed for your growth,
delivering consistent and responsive customer service every day.
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Fountain Hills, AZ | RFP-2022-022 | Building Inspection Services
MAKING A DIFFERENCE WHERE YOU NEED US
Terminated Contracts/Subcontracts
SAFEbuilt Arizona, LLC has only one terminated contract to report for the past five years. The contract was
with the Town of Clarksdale, AZ was canceled, because the project that SAFEbuilt was selected to support was
canceled. Please see the supporting letter below.
TOWN OF CLARKDALE
COMMUNITY DEVELOPMENT DEPARTMENT
PO Box 308, Clarkdale, AZ 86324
February 5, 2019
Mr. Scott Martin
SAFEBuilt
11684 N. Huron St., Suite 1048
Northglenn, CA 80234
RE: Cancellation of contract by and between SAFEBuilt and the Town of Clarkdale
Sent via email on 2-5-19 to smartin@safebuilt.com
Dear Scott:
Due to unforeseen circumstances caused by the demobilization of the remediation contractor working
on Freeport-McMoRan Inc.’s United Verde Soil Program project, we must cancel our contract with your
firm effective immediately. Based on a telephone conversation earlier today with your representative
Mr. Chad Johnson, the Town will pay for services through March 15, 2019. We appreciate your
reasonable approach on this matter.
Please invoice me for services through March 15th, and we will process the invoice promptly. It has
been a pleasure working with your firm and we understand the cancellation of this contract will
necessitate the renegotiation of a new contract at such time as we need contract inspection services again.
If you need more information or have more questions, please feel free to call my office any time at 928-
639-2500.
Yours truly,
Jodie Filardo
Community & Economic Development Director
Ecc: Gayle Mabery, Town Manager
Ecc: Joseph Brunner, Director, Discontinued Operations, Freeport-McMoRan Inc.
Ecc: Beth Escobar, Planning Manager
Ecc: Paul Grasso, Building Official
Ecc: Chad Johnson, SAFEBuilt
Litigation
SAFEbuilt Arizona, LLC has not had any litigation or arbitration claims during the past years.
Fountain Hills, AZ
July 7, 2022 | 5:00 pm
SAFEbuilt Arizona, LLC
RFP-2022-022
Building Inspection Services
PORTAL SUBMITTAL
Shani Canillas
Account Manager
970.294.6801
scanillas@safebuilt.com
Eric Pendley
Regional Director of Operations
970.977.6270
ependley@safebuilt.com
Tab 2
Experience &
Qualifications
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Fountain Hills, AZ | RFP-2022-022 | Building Inspection Services
MAKING A DIFFERENCE WHERE YOU NEED US
Experience & Qualifications
We have extensive experience working with communities of similar sizes with similar needs. Even though the
services you require are as-needed, our team is ready to seamlessly provide you with qualified building inspection
professionals to help maintain your positive image with residents and business.
As with any company that provides third-party service personnel to their clients, SAFEbuilt thoroughly screens
prospective personnel for the right experience and qualifications to perform their assigned duties. With nearly
30 years of industry experience, we are very familiar with each position’s requirements within the different
building services disciplines. We look for candidates with a well-rounded background in the building services
and construction industries, a passion for the work, and a drive to get the job done correctly and on schedule. We
actively pursue self-motivated, personable candidates who can easily integrate into any team setting.
SAFEbuilt recognizes that our quality personnel are our greatest asset and distinguishes us from other building
department services companies. Along with recognizing service excellence with monetary compensation and
other rewards, we invest heavily in our personnel’s training, certification, and licensure, which increases employee
satisfaction and tenure with our company. SAFEbuilt’s leadership philosophy includes believing that a properly
structured recruitment and training program makes good employees even better and provides the momentum to
drive them to excel.
Working together with the Town, we will deliver services efficiently and accurately, meeting the needs presented
in the RFP. All proposed staff are current on all certifications and are fully compliant with continuing education
requirements. In addition, our team is well-versed in understanding and working in compliance with the following:
✔2018 International Building Code (IBC)
✔2017 National Electrical Code (NEC)
✔2018 International Energy Conservation Code
(IECC)
✔2018 International Fire Code (IFC)
✔2018 International Fuel Gas Code (IFGC)
✔2018 International Mechanical Code (IMC)
✔2018 International Plumbing Code (IPC)
✔2018 International Residential Code (IRC) with
appendix G
✔2018 Uniform Swimming Pool, Spa and Hot Tub
Code
✔1997 Uniform Administrative Code
✔1997 Uniform Code for the Abatement of
Dangerous Buildings
“Commercial development is key to our growth, so having a partner like SAFEbuilt to help
keep our commercial projects moving without sacrificing our safety standards has been
incredibly valuable.” – Brian Krajewski, County Board Member, DuPage County, IL
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Fountain Hills, AZ | RFP-2022-022 | Building Inspection Services
MAKING A DIFFERENCE WHERE YOU NEED US
Similar Projects
SAFEbuilt has 30+ years of experience providing building department and planning services to municipalities
throughout the country. SAFEbuilt is pleased to present the following projects that are similar in size, scope, and
complexity with the services requested by the Town of Fountain Hills.
NOTE: All contracts are ongoing. We have listed the start/end dates of previous contracts with these municipalities
to comply with the Town’s requirement for “completed” projects.
Supplemental Services for the Town of Fountain Hills, AZ
2022 – Ongoing
Building Inspection Services
Peter Johnson, Building Official/Building Lead
16705 E Avenue of the Fountains, Fountain Hills, Arizona 85268
480.816.5127 | pjohnson@fh.az.gov
Supplemental Services for the City of Boise, ID
2021 – 2022 | 2022 – Ongoing
Building Inspections, Remote Plan Reviews, Fire Plan Reviews, & Permit Technician Services
Jason Blais, Building Official
150 N Capitol Boulevard, Boise, Idaho 83702-5920
208.608.7097 | jblais@cityofboise.org
Supplemental Services for the City of Nampa, ID
2019 – 2020 | 2020 – 2021 | 2021 – Ongoing
Building Inspections and Plan Review Services
Patrick Sullivan, Director of Building Safety
411 3rd Street South, Nampa, Idaho 83651
208.468.5445 | sullivanw@cityofnampa.us
Full Building Department Services for the City of Castle Pines, CO
2008 – 2010 | 2011 – 2014 | 2014 | 2015 | 2016 – 2017 | 2017 – 2019 | 2019 – 2021 | 2021 – Ongoing
Building Inspections, Plan Review, Building Official, As-Requested Code Enforcement, Permit
Technician, Disaster and Emergency Response, As-Requested Planning Consultation, and
Permitting Software Services
Sam Bishop, Community Development Director/Lead
7501 Village Square Drive, Suite 100, Castle Pines, Colorado 80108
303.705.0225 | sam@castlepinesco.gov
Full Building Department Services for the City of Northglenn, CO
2009 – 2011 | 2011 – 2013 | 2013 – 2016 | 2016 – 2019 | 2019 – Ongoing
Building Inspection, Plan Review, Building Official, Permit Technician, and On-Call Planning Services
Brook Svoboda, Community Development Director
11701 Community Center Drive, Northglenn, Colorado 80233
303.450.8937 | bsvoboda@northglenn.org
Fountain Hills, AZ
July 7, 2022 | 5:00 pm
SAFEbuilt Arizona, LLC
RFP-2022-022
Building Inspection Services
PORTAL SUBMITTAL
Shani Canillas
Account Manager
970.294.6801
scanillas@safebuilt.com
Eric Pendley
Regional Director of Operations
970.977.6270
ependley@safebuilt.com
Tab 3
Key Positions
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Fountain Hills, AZ | RFP-2022-022 | Building Inspection Services
MAKING A DIFFERENCE WHERE YOU NEED US
Key Positions
SAFEbuilt is pleased to offer the Town of Fountain Hills the continued support of Mr. Troy Steward. Mr. Steward
began supporting the Town in May of this year. We have augmented our team to include two additional Building
Inspectors to ensure the Town receives prompt support when needed.
Troy Steward
Lead / Inspection Manager
Robert Elefante
Building Inspector
Lyle Yoder
Building Inspector
Proposed Team for the Town of Fountain Hills
Figure 1. Proposed Team for the Town of Fountain Hills
The following summarizes the experience and qualifications of each member of our proposed inspection team.
Their full résumés are presented in this proposal response, beginning on page 22.
Mr. Troy Steward
Lead / Inspection
Manager
Mr. Solomon “Troy” Steward will lead the proposed team of inspectors in the role
of Inspection Manager. Mr. Steward is currently supporting the Town with Building
Inspection on the active contract and will continue to provide this service for the next
contract as well.
Mr. Steward has 22 years of experience in building services. Prior to joining SAFEbuilt
earlier this year, Mr. Steward was most recently a Building Inspector for Maricopa
County. Other previous positions he has held include Route Technician/Inspector for
Chase Bank and Certified Building Inspector with the City of Surprise, AZ.
Mr. Steward’s ICC certifications are shown in the “Team Certifications Matrix” on
page 13. Although they are in “inactive” status, Mr. Steward has a Home Inspector
registration from the AZ Board of Technical Registration; a B General Residential
Contractor license, and B-2 General Small Commercial Contractor license from the
AZ Registrar of Contractors. Additionally, Mr. Steward earned a B-5 Commercial/
Residential Building Inspector Certificate from the Universal Building Code Association
in 1998.
Mr. Lyle Yoder
Building Inspector
Mr. Yoder joined the SAFEbuilt team this year and brings 29 years of experience in
construction and building services to his role as Building Inspector for the Town. A few
recent positions Mr. Yoder held include Construction Manager, Building Inspector for
Maricopa County, AZ, and Construction Superintendent for D.R. Horton.
Mr. Yoder has earned two ICC certifications (shown in the “Team Certifications
Matrix” on page 13). He recently attended a training class offered by the Arizona
Building Officials Association on the topic of Inspections for Fire-Related Construction
Applications.
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Fountain Hills, AZ | RFP-2022-022 | Building Inspection Services
MAKING A DIFFERENCE WHERE YOU NEED US
Mr. Robert Elefante
Building Inspector
Mr. Elefante also joined SAFEbuilt earlier this year and has nine years of experience
in construction and building services. He will support the Town in the role of Building
Inspector.
Prior to joining SAFEbuilt, Mr. Elefante has held Building Inspector positions with the
Cities of Tuscon, AZ, and San Luis Obispo, CA. Among his previous positions, Mr.
Elefante worked as a Building Inspector for Interwest Consulting Group, a subsidiary
of SAFEbuilt.
Mr. Elefante’s ICC certifications are shown in the following matrix. He has also earned
a Fire Technology Certificate from Mt. San Jacinto College.
Team Certifications Matrix
Troy StewardRobert ElefanteLyle YoderICC Certifications
Building Inspector ✔ ✔
CALGreen Inspector/Plans Examiner ✔
Commercial Building Inspector ✔
Commercial Mechanical Inspector ✔
Fuel Gas Inspector ✔
Residential Building Inspector ✔ ✔
Residential Plumbing Inspector ✔ ✔ ✔
Other Certifications
Fire Technology Certificate ✔
UBC B-5 Commercial/Residential Building Inspector ✔
“SAFEbuilt has provided excellent
service while maintaining the
integrity that we would expect
from one of our own employees.
In an industry where it’s impossible
to please everyone, SAFEbuilt is
changing that narrative.
The attention given to customer
needs is a priority and it shows.”
– Lee Sudduth, Community Services
Director, City of Hapeville, GA
Fountain Hills, AZ
July 7, 2022 | 5:00 pm
SAFEbuilt Arizona, LLC
RFP-2022-022
Building Inspection Services
PORTAL SUBMITTAL
Shani Canillas
Account Manager
970.294.6801
scanillas@safebuilt.com
Eric Pendley
Regional Director of Operations
970.977.6270
ependley@safebuilt.com
Tab 4
Project Approach
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Fountain Hills, AZ | RFP-2022-022 | Building Inspection Services
MAKING A DIFFERENCE WHERE YOU NEED US
Project Approach
We have taken careful consideration of the Town’s needs. We can ensure that all new members will integrate
seamlessly into the Town’s processes. Our team of qualified professionals understands the Town’s objectives,
and they know what it takes to efficiently and successfully facilitate building inspection services. Through effective
implementation and established deliverables, they will help guide you through a transition process that meets
your timeline and service expectations.
Contract Management Plan
Our Contract Management Plan begins with applying our
philosophy of Plan, Execute, Control, Optimize (PECO).
The PECO framework (Figure 2) is based on our team’s
experience and industry best practices endorsed by the
Project Management Institute. We identify, prioritize, allocate,
manage, and control the work requirements through this
singular, integrated method.
Using the PECO framework, the SAFEbuilt team delivers
a contract management approach that combines the right
people, processes, and tools to perform the Scope of Work
requirements. Our support of the Town requires a methodology
to operate and maintain all service areas efficiently. The
SAFEbuilt team’s methodology is structured to streamline
our resources and provide responsive services. Successful
execution of services begins with a responsive team structure
that can anticipate and address resource needs.
Approach to Partnership
Our partnership approach centers on fostering open communication between our firm and the Town. Before
receiving the first assignment, we will meet with Town staff to verify local code policies and review documentation
procedures, inspection checklist items, notification protocols, and scheduling processes. Our team is committed
to maintaining regular communication with Town staff to stay current with code interpretations and policies.
Ongoing communication improves our ability to quickly respond to any issues that may arise during inspection
activities.
We value the importance of the Town’s projects and are committed to meeting all project service delivery
deadlines. Under the Town’s direction, we will diligently document and report all inspection findings, tracking
information, and other reports, as required by the Town.
Our team members will be available to meet with Town staff via phone or in-person to address questions that
may arise during the contract and project life cycles. We will be accessible to project stakeholders, which is
essential to ensuring prompt decision-making. As such, our firm commits to responding to all inquiries within one
business day. We encourage discussions via an in-person meeting, teleconferencing, or web-meeting formats
as necessary to achieve the most rapid results.
Further, SAFEbuilt believes that maintaining frequent and consistent check-ins between the account management
and operations teams and our clients is key to the early identification of performance risks and contributes to
contract success. Your account management team will reach out to the Town to discuss the best method and
Figure 2. The PECO framework delivers a
contract management approach that com-
bines the right people, processes, and tools
to perform contract work.
OPTIMIZE EXECUTE
PLAN
CONTROLdirection & coordinationdirection & coordinationinformationdirection, coordination,& informationdirectcoordination daily statusreport
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Fountain Hills, AZ | RFP-2022-022 | Building Inspection Services
MAKING A DIFFERENCE WHERE YOU NEED US
frequency for these check-in meetings. These meetings will allow both parties to manage the resources tactfully
and develop the best contractor-client relationship. We can also estimate and evaluate possible outcomes and
make the necessary changes during this process.
Quality Control
SAFEbuilt takes pride in meeting clients’ needs while maintaining a high level of quality control. Our approach is
proactive—we prevent quality issues to the greatest extent possible and prepare for other situations in advance
by mitigating risk.
To ensure quality, SAFEbuilt has implemented a Quality Control (QC) program where our Inspection Manager
and Operations Manager will perform random quality evaluations of our staff throughout the year. SAFEbuilt’s
QC activities include:
• Standardized processes for intake, completion of returned work, e-mail correspondence, inspection reports
and other items to ensure consistency and client satisfaction.
• Our Inspection and Operations Managers conduct periodic reviews to ensure completeness, accuracy, and
consistency of work performed.
• Staff feedback as necessary for any discrepancies or improvements needed.
• Staff is paid to attend both internal and external training to grow professionally and improve skill sets.
• The Account Manager and Operations Managers will conduct periodic check-ins with clients for feedback on
satisfaction with work performed and services provided.
• Sending periodic customer satisfaction surveys for feedback on work performed and services provided.
• SAFEbuilt uses check-ins and surveys to find possible opportunities to improve client satisfaction, work
performed, and services provided, as necessary.
Given SAFEbuilt’s comprehensive approach to contract
management and service delivery, the probability of risk is
low. As part of our QC&A process, we ensure that SAFEbuilt
standards are met. We involve the Town in the entire process
to maintain transparency.
Staff receives training regularly to stay up-to-date on current
codes, ordinances, amendments, and regulations. We also
mitigate risks through our ability to direct additional resources
from our corporate operations or regional operations for
immediate staffing needs.
To further mitigate risk, we follow an iterative process comprised
of planning implementation and progress monitoring. The steps
are shown in Figure 3.
Our plan for program success is to eliminate or reduce the
risks identified. This goal may be achieved by adjustments in
technical steps and schedule. If necessary, the next step is
minimizing the likelihood and impact of risk. It is unlikely for
risk to reach this level. Yet, we are prepared to implement
additional mitigation strategies, such as switching out staff,
reviewing best practices, and adjusting schedules.
Figure 3. SAFEbuilt’s risk mitigation process
is used throughout the contract for early
identification and mitigation of risks.
PLAN ASSESS
IMPACT
IDENTIFY
ANALYZElow risk events are trackedhigher risk events are eliminated,managed, or reducedrisk events & relationshipsare definedrisks ranked from “most”to “least” criticalprobabilities & consequencesof risk events are assessed
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Fountain Hills, AZ | RFP-2022-022 | Building Inspection Services
MAKING A DIFFERENCE WHERE YOU NEED US
Scheduling and Staff
SAFEbuilt will meet with the Town before the contract starts to establish a customized inspection notification
process. SAFEbuilt offers next-day inspections for any request received by 4:00 PM on the previous
business day. We offer weekend and after-hours inspections on a scheduled basis for an additional fee. We will,
of course, make ourselves available to respond to inspections related to emergencies.
Once assigned to a project, our team members remain dedicated to that project until completion. We will provide
the Town with a call list with each team member’s mobile phone numbers and email addresses at contract start.
Further, we commit to being available for any required in-person meetings the Town deems necessary.
What the Town Can Expect from their SAFEbuilt Team
Our staff’s quality and training, combined with our proven business practices and a core commitment to customer
satisfaction, ensure each client receives the highest levels of contract performance, professionalism, and
responsiveness in the industry.
All SAFEbuilt Building Inspectors will:
• Wear/display proper identification.
• Possess/maintain required certifications and are experienced in performing compliant inspections, plan
reviews, and permitting.
• Be knowledgeable of the principles of design, local zoning, and topographical site plans.
• Remain proficient and knowledgeable of federal, state, and local laws, rules, regulations, directives, codes,
and ordinances applicable to their work.
• Offer exemplary customer service while performing their duties and interacting with Town personnel,
construction firms, and the public.
• Attend meetings as required by the Town.
• Always exhibit professional and courteous conduct and an appropriate appearance during interactions—
both on and off the job site.
• Meet all job safety requirements and OSHA safety standards.
• Be available to support the Town every Monday through Friday during regular business hours, except for
Town-recognized holidays. We will delegate members of the SAFEbuilt team to respond to emergency
support situations.
Building Inspectors for all trades and disciplines spend most of their workday in the field, working with Town staff,
contractors, builders, owners, and the general public. As such, they must be helpful, patient, and above all, very
knowledgeable of the relevant codes and ordinances. SAFEbuilt’s Building Inspectors are trained to take an
educational approach to their duties when working with our clients and their customers. The following highlights
some of the duties and expectations for our Building Inspectors:
• Reviewing all plans submitted before each inspection.
• Adhering to scheduled inspection times.
• Verifying approved plans are onsite and verifying construction has not deviated from approved plans.
• Verifying on-site conditions are consistent with the appropriate records for square footage, setbacks,
heights, and other requirements that may be applicable.
• Performing field inspections in accordance with the Town’s adopted ordinances, codes, and standards.
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Fountain Hills, AZ | RFP-2022-022 | Building Inspection Services
MAKING A DIFFERENCE WHERE YOU NEED US
• Using inspection checklists and codebooks during inspections.
• Providing all required inspections and recording the results for those inspections.
• Identifying code violations per the national and state building codes and local ordinances and amendments.
• Working with contractors to facilitate appropriate remedies for code violations.
Alternative Approaches
We appreciate and take this opportunity to introduce you to an alternative approach to inspection service delivery
and to let you know about a cost-savings opportunity for the Town.
Remote Virtual Inspections
SAFEbuilt offers remote virtual inspections (RVI) for your community’s
convenience and safety. Completing inspections remotely saves time and
money. Rather than waiting for an inspector to arrive from another job, they
can be there in moments to efficiently walk residents and contractors through
the inspection. RVI’s also help reduce the number of people on a job site,
supporting social distancing and public health. Our teams currently use RVIs
in communities in Colorado, Georgia, and Michigan.
Our Operations team, in partnership with I.T., selected Blitzz Remote Visual Assistance Software as our virtual
tool to complete these inspections. This allows us to easily connect with residents and contractors without
downloading an app or logging in. Inspectors can control recording and taking photos to complete inspections
like water heaters quickly, electrical reconnects and service upgrades, and residential re-inspections.
We recommend RVIs to our on-call clients to help them maximize their SAFEbuilt-provided inspection team,
as they typically take less time than on-site inspections, and there is no travel time between jobs involved. We
welcome an opportunity to discuss implementing this capability for the Town.
Plan Review Services
While reviewing the requirements of the RFP, we were surprised that plan review services were not part of the
Scope of Work. As the Town is well-aware, SAFEbuilt currently supports the Town with plan review services
under a separate contract that expires at the end of this year. If the Town would consider combining building
inspections and plan reviews into a single contract, we can offer a discount on our fees.
Fountain Hills, AZ
July 7, 2022 | 5:00 pm
SAFEbuilt Arizona, LLC
RFP-2022-022
Building Inspection Services
PORTAL SUBMITTAL
Shani Canillas
Account Manager
970.294.6801
scanillas@safebuilt.com
Eric Pendley
Regional Director of Operations
970.977.6270
ependley@safebuilt.com
Tab 5
Pricing
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Fountain Hills, AZ | RFP-2022-022 | Building Inspection Services
MAKING A DIFFERENCE WHERE YOU NEED US
Pricing
SAFEbuilt’s pricing is tailored to each contract. We work with our community partners to establish quality rates
for the services we provide. Prices are all-inclusive. All overhead materials and equipment—such as tablets,
codebooks, mobile phones, and professional attire—are included in the proposed fee.
Service Fee
Building Inspector (all trades)$95.00 per hour
EXHIBIT B
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
SAFEBUILT ARIZONA, LLC
[Quote or Work Order]
See following pages.