190001-CONTRACT.PDF

Maricopa County — Formal (2018-11-07)

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DESIGN BID BUILD (DBB)
PROFESSIONAL SERVICES CONTRACT
Central Courts Renovation Design
Office of Procurement Services
Serial # 190001- ROQ
Contract # 190001 -ROQ
C-70-
Project #
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DBB Professional Services Contract Serial # 190001-ROQ

AGREEMENT BETWEEN THE COUNTY OF MARICOPA, ARIZONA
AND DESIGN PROFESSIONAL
-For-
DESIGN, BID-BUILD (DBB)
PROJECT DELIVERY METHOD
THIS AGREEMENT made this 7th day of November in the year 2018. BY AND BETWEEN THE
COUNTY OF MARICOPA, ARIZONA, hereinafter called the "Owner," and Arrington Watkins
Architects hereinafter called the "Design Professional" or "DP."
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set forth
herein, and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto, intending to be legally bound hereby, do covenant
and agree as follows:
PROJECT NAME: Central Courts Renovation Design
PROJECT NUMBER: 190001-ROQ
CONTRACT NUMBER: 190001-ROQ
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DBB Professional Services Contract Serial # 190001-ROQ

TABLE OF CONTENTS PAGE #
SCOPE OF WORK 4
ARTICLE 1: Definitions 5
ARTICLE 2: DP Services and Responsibilities 7
ARTICLE 3: Subconsultants 17
ARTICLE 4: Owner's Responsibilities 18
ARTICLE 5: Project Management and Review Procedure 18
ARTICLE 6: Basis of Compensation 20
ARTICLE 7: Payments to DP 21
ARTICLE 8: Indemnification and Insurance 22
ARTICLE 9: Performance 24
ARTICLE 10: Ownership of Documents 25
ARTICLE 11: Alternate Dispute Resolution 26
ARTICLE 12: Suspension and Termination 29
ARTICLE 13: Miscellaneous 29
EXHIBIT 'A': Hourly Rate and Hours 39
EXHIBIT 'B': DP Proposal for Services 40
EXHIBIT 'C': Record Drawing Procedures 41
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DBB Professional Services Contract Serial # 190001-ROQ

SCOPE OF WORK
Design Professional ("DP") shall furnish Architectural and Engineering Services ("NE Services")
for the Project and Contract described above, upon issuance by the Director of Maricopa
County Facilities Management Department ("MCFMD") ("Director") or Director's designee of
DP's Authorization(s) to Proceed.
DP shall provide: planning, programming, feasibility studies, construction estimates of cost,
partial or complete design services, including preparation of bidding and construction
documents, construction contract administration and observation, review of Contractor Change
Order Requests, review of Baseline and updated Construction Schedules, review work
prepared by other professional consultants and the Contractor, building commissioning, and
other miscellaneous DP Services that may be required and are authorized by Owner.
The Director or Director's designee may issue an Authorization to proceed to encompass entire
Basic Services (as defined in Section 2.2 herein) for a project, or for a portion of Basic Services,
or for discretionary tasks as specified in Sections 2.3 herein Additional Services or 2.4 herein
Reimbursable Services, or any combination thereof.
The fees to be paid by Owner for the DP Services shall be:
A lump sum, not to exceed (See Section 6.1 herein). (Exhibit `B'). However, DP shall
provide Hourly Rates and Hours (by phase and service). See Section 6.2 for reference in the
event of added services or change orders.
The Director or Director's designee will confer with DP before any Authorization to Proceed is
issued to DP to discuss the scope of the DP Services covered by the forthcoming Authorization,
the time to complete the DP Services and the fee for those DP Services, provided that, where
no agreement is reached as to the fee for a particular Authorization to Proceed, payment for
those DP Services will be made in accordance with Section 6.1.
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DBB Professional Services Contract Serial # 190001-ROQ

ARTICLE 1: DEFINITIONS
1.1 ADDITIONAL SERVICES: Those DP Services specified in Section 2.3.
1.2 AS-BUILT DRAWINGS: The As-Built Drawings (provided by the Contractor) shall consist of a set
of drawings which clearly indicate all field changes (modifications, additions and deletions) that
were made to the Contract Documents to adapt to field conditions and field changes. Such
drawings shall include but not be limited to all new and existing buried and concealed installation
of piping, conduit and utility services identified and/or field-surveyed in the course of design
through construction. All buried and concealed items both inside and outside the facility shall be
accurately located on the As-Built Drawings as to depth, size and material and in relationship to
not less than two permanent features such as interior or exterior wall faces. The As-Built
Drawings shall be clean and all changes, corrections, and dimensions shall be indicated in a neat
and legible manner and fully comply with the format guidelines prescribed in attached Exhibit 'C.
One (1) hard-copy set of the As-Built Drawings shall be submitted to the Owner with submittal of
the Record Drawings. See Section 1.27 below for "Record Drawings."
1.3 AUTHORITY HAVING JURISDICTION: The Maricopa County Planning and Development
Department, the State Fire Marshal, the State Elevator Inspector and any Arizona municipal
corporation within which the Project is situated.
1.4 AUTHORIZATION TO PROCEED: A document issued by the Director or Director's designee to
DP authorizing the performance of specific professional services, and stating the time for
completion and the amount of fee authorized for such services.
1.5 BASIC SERVICES: Those DP Services defined in Section 2.2.
1.6 CHECK SET: A set of drawings that have been checked for errors and discrepancies between
the design disciplines.
1.7 CONSTRUCTION DOCUMENTS: The documents prepared by DP and their Sub-consultants and
referred to in Section 2.2 of this Agreement to be used for permitting and construction of the
Project.
1.8 CONSTRUCTION ESTIMATE: A detailed estimate of all construction cost, including but not
limited to all on-site and off-site construction activities, all utility designs, equipment and
construction fees, Contractor general conditions, general requirements, mark-ups and
contingencies and escalation.
1.9 CONSTRUCTION PROJECT MANAGER: An employee of Owner or agent of the Owner
assigned by the Director to monitor the construction and design services to be performed under
this Agreement and the construction of the Project as a direct representative of Owner. The
Director reserves the right, not to assign a Construction Project Manager to the project. In such
case the Owner's Project Manager will assume all Owner responsibilities for the project.
1.10 CONTRACT DOCUMENTS: This Agreement, the DP proposal, the Construction Contract for this
Project (with its attachments), the Drawings and Project Specifications and Construction
Documents and exhibits and documents related thereto or contemplated thereby, as well as all
Addenda, Amendments and Change Orders related to each with respect to the Project and all
changes to said documents issued by Owner after execution of this Agreement.
1.11 CONTRACT TIME: The time between the date when the Notice to Proceed is issued to the
Construction Contractor and Final Completion of the Work.
1.12 CONTRACTOR: An individual, partnership, corporation, association, joint venture, or any
combination thereof, which has entered into a contract with Owner for construction of County of
Maricopa, Arizona, facilities and all incidents thereto.
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1.13 COUNTY MANAGER: The chief executive officer of Owner.
1.14 DAY: Shall mean a calendar day.
1.15 DEFERRED SUBMITTALS: Design deferred to the Contractor by the DP for completion of the
design due to the complexity and associated Code impacts. Typical Deferred Submittals may
include Curtain Wall Systems, Stairs, Precast, Fire Alarm, and Fire Protection System. DP shall
provide a list of recommended Deferred Submittals to the Owner for approval.
1.16 DESIGN DEVELOPMENT DOCUMENTS: The drawings, outline specifications and other
documents to delineate and describe the size and character of the entire Project as to civil,
structural, mechanical, plumbing, fire alarm and fire protection, electrical systems, landscaping,
construction and finish materials and other items incidental thereto, and as required by the
Project Manager.
1.17 DESIGN PROFESSIONAL ("DP"): The individual, partnership, LLC, professional association
corporation, association, joint venture, or any combination thereof, of properly registered
professional architects and/or engineers, that has entered into the Agreement to provide
professional services to Owner. DP is the prime Project professional as defined in the Rules
issued by the Arizona Board of Technical Registration.
1.18 DIRECTOR OF THE FACILITIES MANAGEMENT DEPARTMENT: The Director of the Facilities
Management Department of the County of Maricopa, Arizona having the authority and
responsibility for management of the specific project(s) to be carried out under this Agreement.
From time to time the Director may act through a Director's designee.
1.19 FINAL CONSTRUCTION DOCUMENTS: A complete and accurate set of drawings and
specifications advancing the content of the Design Development documents so as to allow the
permitting and construction of the Project.
1.20 INSPECTOR: An employee or consultant assigned by the Project Manager or Construction
Project Manager to make observations of Work performed by a Contractor.
1.21 MAXIMUM COST LIMIT: The maximum amount budgeted by Maricopa County for the total cost
of the construction of the Work on the Project.
1.22 OWNER: The Owner is Maricopa County Facilities Management Department (FMD), the public
body which is a party hereto and the entity for which this contract is to be performed. In all
respects hereunder, Owner's performance is pursuant to Owner's position as Owner of the
Project. In the event Owner exercises its regulatory authority as a governmental body, the
exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws
and ordinances shall be deemed to have occurred pursuant to Owner's authority as a
governmental body and shall not be attributable in any manner to Owner as a party to this
contract.
1.23 PAYMENT APPLICATION: The certified form submitted by the Contractor requesting payment for
construction work to be reviewed by DP and approved by the Construction Project Manager
and/or Project Manager.
1.24 PROJECT: The scope of construction, alteration or repair, and all services and incidents thereto,
of a County of Maricopa, Arizona facility as contemplated and budgeted by Owner.
1.25 PROJECT DEVELOPMENT SCHEDULE: A written document providing the proposed completion
date of each Phase of the Project through design, bidding, construction and proposed date of
occupancy by Owner.
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1.26 PROJECT MANAGER: An employee of Owner or agent of the Owner assigned by the Director to
monitor the services to be performed under this Agreement and the construction of the Project as
a direct representative of Owner.
1.27 RECORD DRAWINGS: Record Drawings are the official record drawings that document what
was constructed. The DP shall prepare Record Drawings from the As-Built documents for the
Project. The DP shall provide to Owner one (1) set of Record Drawings as a printed, hard-copy
full-sized set with one (1) corresponding set of digital media containing the complete Construction
Drawings for the Project in AutoCAD complying with the guidelines prescribed in attached Exhibit
'C'. The resulting image produced on the viewing screen shall include all of the kinds of
information that is visible on full-sized originals approved for permit and issued for construction.
These provisions apply to all projects conducted at Maricopa County. All electronic media with
As-Built or Record Drawings MUST be in AutoCAD of BIM format (consistent with guidelines in
attached Exhibit 'C') with matching PDF.
1.28 SCHEMATIC DESIGN DOCUMENTS: The drawings and other documents illustrating the scale
and relationship of the Project components including the selection of materials, systems, and
equipment, as well as initial program drawings and documents that establish and describe the
size and character of the Project as to architectural, structural, mechanical, electrical, plumbing,
and fire alarm and fire protection systems, materials and additional engineering services as
deemed necessary by the Owner and DP to produce a complete and accurate set of drawings
and specifications for the permitting and construction of the Project.
1.29 SCHEMATIC DESIGN STUDIES: Site and floor plans, elevations, sections and other items as
required by the Project Manager and shall show the scale and relationship of the parts and the
design concept of the whole.
1.30 SUB-CONSULTANT: A person or organization of properly registered professional architects
and/or engineers, who has entered into an agreement with DP to furnish professional services for
a project or task, described under Basic Services or a task described under Additional Services.
1.31 SUBSTANTIAL COMPLETION: That date on which, as certified in writing by DP, the Work, or a
portion thereof designated by the Construction Project Manager or Project Manager is at a level
of completion in substantial compliance with the Contract Documents and has satisfied all
requirements in the Project Specifications and other Contract Documents such that all conditions
of permits and authorized authorities having jurisdiction have been satisfied and Owner or
Owner's designee can enjoy beneficial use and occupy and can use or operate in all respects for
its intended purposes.
1.32 WORK: The entire construction or various separately identifiable parts thereof required to be
furnished under the Contract Documents. Work is the result of performing services, furnishing
labor and furnishing incorporating materials and equipment into the construction, all as required
by the Contract Documents.
ARTICLE 2: DP SERVICES AND RESPONSIBILITIES
2.1 SUSTAINABILITY:
2.1.1 The Project shall comply with designated Maricopa County goals for sustainability. The
project shall incorporate "green" building practices to achieve the highest efficiency
standards reasonable to reduce operating costs via energy savings; improve worker
productivity; and reduce potential liability resulting from indoor air quality problems.
2.2 BASIC SERVICES:
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DP agrees to provide complete professional NE Services set forth below, including code-
compliant architectural, civil, structural, mechanical, electrical engineering, plumbing, fire
protection systems, landscape design and other engineering services normally required for a
project of this specific type, hereinafter collectively called "Basic Services."
2.2.1 Programming and Schematic Design:
2.2.1.1 DP shall confer with the Director or the Director's designee to establish the
Program or program verification, consisting of a detailed listing of all functions
and spaces together with the square footage of each assignable space, gross
square footage, and a description of the relationships between and among the
principal programmatic elements. Based upon Owner's input, DP shall establish
a design concept which shall incorporate environmental and visual elements.
Design of the Project is to include wastewater, storm water, drainage, parking,
lighting and any other design element necessary to complete the facility.
2.2.1.2 DP shall prepare and present, for approval by Owner, a Design Concept and
Schematics Report, comprising the Schematic Design Studies, including an
identification of any special requirement affecting the Project. All presentations
shall be made to FMD and approved prior to proceeding with further design.
Written approval from FMD is required prior to the release of any information to
the end user or stakeholders.
2.2.1.2.1 Schematic Design Documents shall consist of but not be limited to
site and floor plans, elevations, sections, etc., as required by the
Project Manager and the scale of the relationship of the parts and
design concept of the Project and shall also include a review of all
Building Codes and applicable laws to determine compliance,
scheduling and construction budget information.
2.2.1.2.2 Schematic Design Studies shall consist of but not be limited to site
and floor plans, elevations, sections, etc. as required by the Project
Manager and shall show the scale and relationship of the parts and
the design concept of the whole.
2.2.1.3 DP shall submit hard copies and one (1) electronic media set (in PDF format,
but generated from AutoCAD files complying with guidelines per Exhibit 'C') on
disk of all documents required, without additional charge, for approval by
Owner. DP shall not proceed with the Design Development Phase until the
documents have been approved by Owner and a written Authorization to
Proceed with the next phase of the design has been issued by the Director or
Director's designee.
2.2.1.4 DP shall prepare an energy efficiency study necessary to comply with all
applicable mechanical and electrical codes, requirements and standards for
Owner.
2.2.2 Design Development:
2.2.2.1 Working from the previously approved Schematic Design documents, DP, shall
prepare and present, for review and approval by Owner, the Design
Development Documents, comprising the drawings, outline specifications and
other documents to delineate and describe the size and character of the entire
Project as to architectural, civil, structural, mechanical, fire alarm, fire protection,
plumbing and electrical systems, landscaping, construction materials and finish
materials. DP shall be required to make at least one (1) presentation of the
Design Development Documents to Owner. As and if requested by the Project
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Manager, Sub-consultants engaged by DP shall attend this presentation to
explain the design concept of their respective systems. All presentations shall
be made to FMD and approved. Written approval from FMD is required prior to
the release of any information to the end user or stakeholders.
2.2.2.2 At the Design Development presentation, DP shall also present a construction
estimate. If the construction estimate exceeds the Construction Budget,
appropriate cost or scope reduction recommendations must be presented to the
Owner. Only recommendations that do not increase the design cost will be
considered.
2.2.2.3 DP shall submit hard copies and one (1) electronic media set (in PDF format,
but generated from AutoCAD files complying with guidelines prescribed in
Exhibit 'C') on disk of all documents required under this Phase, without
additional charge, for approval by Owner, and DP shall not proceed with the
next Phase of the design until Owner has approved the documents and a written
authorization for the next Phase has been issued.
2.2.2.4 DP shall prepare Finish Material Sample Boards, for approval by the Owner.
This shall be done in a timely manner so as to not delay Project progress.
2.2.3 Construction Documents Development:
Working from the approved Design Development Documents, DP shall prepare for
approval by Owner Construction Documents setting forth in detail all requirements
necessary for the permitting, bidding and construction of the Project. DP is responsible
for full compliance of the design and the Construction Documents with all applicable
codes of building officials or entities having jurisdiction and shall opine to Owner that the
Project can be constructed within the Construction Budget established by the Owner.
2.2.3.1 50% Construction Documents Submittal:
DP shall make a 50% Construction Documents submittal, for approval by
Owner, which submission shall include:
2.2.3.1.1 Hard copies and one (1) electronic media set of all drawings
(AutoCAD complying with guidelines prescribed in Exhibit 'C' with
matching PDF) and specifications (complying with designated
products / materials / systems prescribed by the Owner).
2.2.3.1.2 A complete index of every drawing sheet, to become part of the
Construction Documents.
2.2.3.1.3 DP shall, in the preparation of the Project Specifications, use the
most recent edition of CSI Standards promulgated by the
Construction Specifications Institute and these technical
specifications shall not be merely outline specifications as were
submitted during the Design Development phase. The specification
content shall be coordinated and comply with the Owner provided
preferred equipment product and system specifications (technical
specifications)..
2.2.3.1.4 An updated construction estimate to include all construction cost,
including but not limited to all on-site and off-site construction
activities, all utility designs, equipment and construction fees,
Contractor general conditions, general requirements, mark-ups and
contingencies and escalation.
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An Authorization to Proceed with the completion of the Construction
Documents will not be issued by the Director or Director's designee if
the latest construction estimate exceeds the Construction Budget,
unless Owner increases the Construction Budget or DP and Owner
mutually agree on methods of cost reduction sufficient to enable
construction of the Project within the construction funds available.
2.2.3.1.5 DP may also be authorized by Owner to include in the Construction
Documents approved additive alternate bid items to permit Owner to
award a Construction Contract within the limit of Construction
Budget.
2.2.3.2 DP shall not proceed with further design until written approval from the Director
or Director's designee is received to proceed with the design of the 100%
Construction Documents.
2.2.3.3 100% Construction Documents Submittal:
2.2.3.3.1 Upon 100% completion of the Construction Documents, DP shall
submit to Owner hard copies, one (1) electronic media set (AutoCAD
complying with guidelines prescribed in Exhibit 'C' with matching
PDF) and one (1) electronic BIM model on disk of Check Sets of the
drawings, specifications, reports, programs, etc. Once the 100%
Construction Documents are approved by Owner the Construction
Documents and shall not be altered, modified or revised in any way,
other than permit review comments and/or Owner's prior written
consent.
2.2.3.3.2 If there are required changes or additions to the 100% Construction
Documents or Specifications to resolve questions the DP shall make
these changes at no additional cost to Owner. The final100%
complete Construction Documents shall be returned to Owner. Upon
final approval by Owner, DP shall furnish one copy of all Drawings
and Project Specifications, along with an electronic copy to Owner
without additional charge to Owner.
2.2.3.3.3 DP shall be responsible for preparing and filing the documents
required for approval by governmental authorities having jurisdiction
over the Project and in obtaining certifications of "permit approval" by
such reviewing authorities. DP shall make the final permitted
documents available to Owner for reproduction of additional copies
as may be required for bid solicitation and/or construction purposes.
2.2.3.3.4 If directed by the Owner, the DP shall create and make available for
reproduction a set of "Construction" Documents incorporating all
revisions resulting from the permitting process.
2.2.3.3.5 DP expressly warrants that the Drawings and Project Specifications
and Construction Documents for the Project have been prepared by
DP and the Sub-consultants of DP by exercising their professional
skills with care and diligence and in a reasonable non-negligent
manner consistent with the standard of care of like professionals in
Maricopa County, Arizona.
2.2.3.3.6 DP shall be responsible for the cost of any additional design
necessary to correct errors and omissions caused by or attributable
to DP that fall outside the applicable standard of care.
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2.2.4 Public Bidding and Award of Contract:
2.2.4.1 Issuance of Solicitation Documents, Addenda and bid opening:
2.2.4.1.1 In addition to fulfilling statutory advertising requirements, Owner shall
issue a notice to prospective bidders informing them how to obtain
solicitation documents.
DP shall be responsible for responding bid questions pertaining to
the design and preparing addenda(s) for issuance by the Owner to
all bidding Contractors.
2.2.4.2 Should the lowest responsive, responsible bid received exceed the Construction
Budget, Owner may:
2.2.4.2.1 approve the resulting increase in Construction Budget and award the
contract, or
2.2.4.2.2 reject all responses and re-solicit for the contract within a reasonable
time with no change in the Project, or
2.2.4.2.3 in accordance with A.R.S. § 34-104.E, direct DP at no added cost to
Owner to revise the Project scope or quality, or both, as approved by
Owner, and then re-solicit the contract, or
2.2.4.2.4 Abandon or suspend the Project per Article 12 below.
2.2.5 Observation and Administration of the Construction Contract:
2.2.5.1 The Construction Phase of the Project will commence with the award of the
Construction Contract and will end when final payment is made by Owner.
During this period, DP shall observe and provide administration of the
Construction Contract only as set forth in the Construction Contract and other
Contract Documents and as provided herein.
2.2.5.2 During the Construction Phase, DP shall advise and consult with Owner and
shall have authority to act on behalf of Owner only as set forth herein and to the
extent provided in the Construction Contract, incorporated by this reference.
2.2.5.3 DP shall visit the site at least weekly and at such times as requested by the
Owner and at all key construction events, DP's Sub-consultants shall visit the
site weekly, to ascertain the progress of the Project and to determine if the Work
is proceeding in accordance with the Contract Documents. On the basis of on-
site observations, DP shall endeavor to guard Owner against defects and
deficiencies in the Work. DP shall notify Owner of any non-compliant work
discovered during the site visits. DP will not be required to make extensive
inspections or provide continuous daily on-site inspections to check the quality
or quantity of the Work unless otherwise set forth in this Agreement.
DP is not responsible for the Contractor's construction means, methods,
techniques, sequences or procedures, or for safety precautions and programs in
connection with the performance of the Work, nor will DP be held responsible
for the Contractor's or Sub-contractors', or any of their agents' or employees',
failure to perform the Work in compliance with the Contract Documents.
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2.2.5.4 DP shall furnish Owner with a written report of all observations of the Work
made by DP during each visit made to the Project. DP shall keep a log of all
non-compliant work and shall keep track of all such issues to resolution. DP
shall also state in the log the final resolution action and the date correction was
made. DP shall also note the general status and progress of the Work and
submit same in a timely manner or more often, if requested by the Construction
Project Manager or Project Manager. DP shall ascertain that the Contractor is
making timely, accurate, and complete notations on its As-Built Drawings as the
Work proceeds by reviewing the Contractor's As-Built Drawings on a monthly
basis and providing written confirmation to the Owner prior to each Contractor
pay application.
2.2.5.5 Based on observations at the site and consultation with the Construction Project
Manager and/or Project Manager, DP shall determine the amount due the
Contractor in progress payments and shall recommend approval or disapproval
of amounts applied for by executing AIA Form G702. This recommendation shall
constitute a representation by DP to Owner that, to the best of DP's knowledge,
information and belief, the Work has progressed to the point indicated in the pay
application and the quality and quantity of the Work is in compliance with the
Contract Documents subject to:
2.2.5.5.1 an evaluation of the Work for compliance with the Contract
Documents upon Substantial Completion,
2.2.5.5.2 the results of any subsequent tests required by the Contract
Documents,
2.2.5.5.3 minor deviations from the Contract Documents correctable prior to
Project completion, and
2.2.5.5.4 any specific qualifications stated in the Payment Application.
2.2.5.6 If Owner elects to withhold, in whole or in part, any progress payment to
Contractor, DP may be requested to assist Owner in preparation of specific
written findings about the deficiency in the Work and in calculating the
reasonable cost necessary to correct the deficient work and complete same.
2.2.5.7 DP shall be the initial interpreter of the requirements of the Contract Documents
and the initial judge of the performance thereunder. DP shall render written
interpretations necessary for the proper execution or progress of the Work with
reasonable promptness on written request of either Owner or the Contractor. If
revisions to the Drawings and/or Project Specifications become necessary, DP
shall provide a Proposal Request (PR) to the Owner for review and approval.
DP shall not send a Proposal Request directly to the Contractor.
2.2.5.8 DP shall render written recommendations, within a reasonable time, on all
claims, disputes and other issues or matters in question between Owner and the
Contractor relating to the execution or progress of the Work or the interpretation
of the Contract Documents. The Director or Director's designee shall make final
decision regarding interpretations or disputes related to or arising therefrom.
2.2.5.9 Such interpretations and recommendations of DP shall be consistent with the
intent of and reasonably inferable from, the Contract Documents and shall be in
written form with graphics supplementation if helpful. In the capacity of
interpreter, DP shall endeavor to secure faithful performance of the Contract by
both Owner and the Contractor, and shall not show partiality to either.
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2.2.5.10 DP shall have authority to recommend rejection of Work which does not
conform to the Contract Documents. Whenever, in DP's reasonable opinion, it
is necessary or advisable to insure compliance with the Contract Documents,
DP will recommend special inspection or testing of any Work deemed to be not
in compliance with the Contract Documents, whether or not such Work has
been fabricated and delivered to the Project, or installed and completed but
such inspection or testing may only be authorized by Owner. DP shall provide
such normal mechanical, plumbing, electrical, structural, landscape or other
related inspection expertise and services as is necessary from time to time to
determine compliance with the Construction Contract.
2.2.5.11 DP shall review and return all submittals, shop drawings, samples, deferred
submittals and other submissions of the Contractor for conformance with the
Contract Documents within fourteen (14) days from receipt.
2.2.5.12 DP shall respond to all Requests for Information or Clarification from
Contractor or Owner within seven (7) days from receipt and shall do so with
graphic supplementation when requested. All reviews are to be conducted in a
timely manner so as to not delay progress of the construction. Changes to or
substitution of Contract Documents shall not be authorized without the written
concurrence of Owner.
2.2.5.13 DP shall issue a Proposal Request (PR) for each revision to the contract but
only after consulting with and with the agreement of the Owner. The DP shall
review and make recommendations to the Owner on all Change Order
Requests submitted by the Contractor. If requested, the DP shall participate in
the review and negotiations of all Change Order Requests submitted by the
Contractor. DP shall review all Contractor requests for time extensions and
make recommendations to the Owner DP may issue supplemental instructions
or interpretations of the Contract Documents or order minor changes in the
Work so long as they involve no change in Contract Time or Contract Price.
2.2.5.14 Upon receipt of the Contractor's Request for Substantial Completion with
Contractor's Punch List attached, DP shall, prior to occupancy by Owner,
confirm and recommend to the Owner that the project is substantially complete
in accordance with the Contract requirements. Upon Owner written
concurrence, DP shall develop a complete, final punch list of any remaining
defects and discrepancies in the Work. The punch list shall be created with the
Owner's involvement and include Owner's comments. The complete punch list
shall be attached to the DP Certificate of Substantial Completion. DP shall be
responsible for all punch list back-checks and confirmation of full and
satisfactory performance before DP recommends to the Owner that a Final
Acceptance and final payment be made to the Contractor.
2.2.5.15 Prior to Substantial Completion, DP shall obtain from the Contractor all
guarantees, Operation and Maintenance manuals for equipment, releases of
claims and such other documents and certificates as may be required by
applicable codes, laws, and the as built specifications, review them for
compliance with Contract requirements, and deliver them to Owner if in
compliance.
2.2.5.16 DP shall provide assistance in obtaining the Contractor's compliance with the
Contract Documents relative to 1) initial instruction of Owner's personnel in the
operation and maintenance of any equipment or system, 2) initial start-up and
testing, adjusting and balancing of equipment and systems, 4) final clean-up of
the Project.
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2.2.5.17 During all phases of the Project, DP shall notify Owner in writing of all conflicts
between the Plans and Specifications and/or any laws, codes, ordinances,
rules, regulations and restrictions that come to the attention of DP or should
have reasonably come to DP's attention with the exercise of due care.
2.2.5.18 DP shall prepare and submit to Owner weekly and/or monthly reports, as
required by the Owner, throughout the Construction Phase of the Project. The
reports shall provide the current status of activities of DP, Contractor, sub-
contractors, consultants, sub-consultants, and others whose activities affect the
Project. The reports shall also include a copy of the log on all non-compliant
work and all resolution information.
2.2.5.19 For both Basic and Additional Services, DP shall prepare Record Drawings and
provide to Owner one (1) printed hard-copy full-size set of all Record Drawings
and one (1) corresponding set of digital on computer magnetic media
containing the complete drawings for the Project in AutoCAD and in PDF. The
image on screen shall include all title blocks, borders, details, and all notes that
are visible on the full-sized originals. Each sheet provided shall indicate it is a
Record Drawing. DP shall also prepare a simplified version of all approved
Egress Plans in the Drawings used in the permit approval process and provide
such to Owner upon request for purposes of installation of evacuation/exiting
diagrams in the completed Project. DP acknowledges that the quantity thereof
and extent of depicted information may be determined by the Authority Having
Jurisdiction over the Project.
2.2.5.20 In connection with Final Acceptance and final payment, DP shall inspect the
Work and determine:
2.2.5.20.1 Whether the Contractor has satisfactorily completed or corrected
all items on the punch list, attached to the Certificate of Substantial
Completion;
2.2.5.20.2 Whether the work complies with i) the Contract Documents, and ii)
all applicable laws, building codes or authorities having jurisdiction;
2.2.5.20.3 Whether required inspections by building officials have been
completed; and
2.2.5.20.4 In consultation with Owner, whether the Work is finally complete.
If the Work is not finally complete, the process as set forth above shall be
repeated until such time as the Work is finally completed in compliance with the
Contract Documents. DP shall also incorporate As-Built Drawings as defined
in Article 1, above, into the Record Drawings prior to Final Acceptance.
2.2.5.21 DP shall assist Owner in conducting a post-construction inspection at least
thirty (30) days prior to the expiration of the one-year post-construction
warranty period to identify deficiencies and warranty-related problems. DP shall
note, prepare and submit to Owner a written report on all faults, deficiencies or
warranty problems observed.
2.2.6 Construction Estimate vs. Construction Budget:
If at any time during the design of the Basic Services (or during any Additional Services)
the latest Construction Estimate submitted by DP exceeds Owner's Construction Budget,
DP shall, at no additional cost to Owner, revise the Design Documents to bring the
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construction estimate within the Construction Budget. Such revised Design Documents
must be completed by DP within the time period designated in writing by the Owner. The
Construction Budget for the Work is not to be changed unless amended by Maricopa
County.
2.3 ADDITIONAL SERVICES:
2.3.1 The Additional Services listed below are beyond the scope of the Basic Services as same
are defined in this Agreement, and if authorized in advance by an appropriate written
directive from the Director or Director's designee, will be considered lump sum, not-to-
exceed amount(s) and supported by position, hours, and hourly rates as indicated in
Section 6.2. Additional Services approved by the Owner shall be incorporated into the
DP Design Phase Schedule.
2.3.1.1 Special analyses of Owner's needs, and special detailed programming
requirements for the Project authorized by Director or Director's designee.
2.3.1.2 Financial feasibility, life cycle costing or other special studies.
2.3.1.3 If not provided for in Basic Services or in Owner's own program, planning
surveys, site evaluations, or comparative studies of prospective sites as
authorized by Director or Director's designee.
2.3.1.4 Design services relative to future facilities, systems and equipment which are
not intended to be constructed as part of the Project.
2.3.1.5 Providing services to investigate existing conditions of facilities or to make
measured drawings thereof, after DP has expended an amount of time deemed
to be the normal requirement for renovation and alteration projects.
2.3.1.6 Detailed Estimates of Construction Cost consisting of quantity surveys
itemizing all material, equipment and labor required for the Project.
2.3.1.7 Investigation and making detailed appraisals and valuations of existing
facilities, and surveys or inventories in connection with construction performed
by Owner.
2.3.1.8 Any additional special professional services (other than the customary
architectural, civil, structural, geo-technical, mechanical, plumbing, fire alarm,
fire protection, security, electrical engineering and landscape design services)
as may be required for the Project, including but not limited to: acoustical, food
service, theatrical, electronic, telephone/data, artists and sculptors.
2.3.1.9 The services of one or more full-time Project Field Representatives during
construction as deemed appropriate and as approved and authorized in
advance by the Owner.
2.3.1.10 Extended assistance beyond that provided under Basic Services for the initial
start-up, testing, adjusting and balancing of any equipment or system;
commissioning; extended training of Owner's personnel in operation and
maintenance of equipment and systems, and consultation during such training;
and preparation of operating and maintenance manuals, other than those
provided by the Contractor, subcontractor, or equipment manufacturer.
2.3.1.11 NE Services concerning replacement of any Work damaged or built in non-
compliance with the Contract Documents, providing the cause for such non-
compliance is determined by Owner to be other than by fault of DP or beyond
control of DP.
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2.3.1.12 Making major revisions changing the scope of the Project, to Drawings and
Project Specifications, when such revisions are inconsistent with written
approvals or instructions previously given by Owner and are due to causes
beyond the control of DP. (Major revisions are defined as those changing the
scope and arrangement of spaces and/or scheme and/or any significant portion
thereof.)
2.3.1.13 Preparing to serve or serving as an expert witness in connection with any
public hearing, arbitration or legal proceeding, providing, however, that DP
cannot testify or give evidence against Owner in any matters during the course
of providing services under this Agreement
2.3.1.14 Providing services after Final Completion and final payment to the Contractor,
other than those called for under this Agreement.
2.3.1.15 Additional Observation and Administration, in the event the time period of
Observation of DP under Basic Services exceeds the Contract Time for the
Work by more than 15%, and only if the delay in completion of the Work is in
the opinion of Owner beyond the control of DP and the Additional Observation
and Administration is approved by the Construction Project Manager.
2.3.1.16 Renderings, sketches, models or photographs to further convey the proposed
design concept to the Owner.
2.3.1.17 Any other services not otherwise included in this Agreement.
2.3.2 Failure to timely perform any part of requested Additional Services identified in this
Agreement shall be a breach of the Agreement and Owner may, in its sole discretion,
without liability, contract with others to perform those services and the cost for those
services by others incurred by Owner shall be borne by DP, if the DP had agreed to
perform those services within the time frame mutually agreed upon when authorized to
proceed with them.
2.3.3 DP shall not perform any services not covered by this Agreement and any such services
performed by DP without prior written authorization shall be at DP's own risk and cost.
DP hereby agrees that in the absence of written prior authorization, DP's work will be at
its own risk, cost, and expense and DP agrees that, without such prior written
authorization, DP will make no claim for compensation for unauthorized services.
2.4 REIMBURSABLE COSTS:
Reimbursable Costs are those items that are authorized by Owner in writing for payment in
addition to the Basic and Additional Services and consist of actual expenditures (as verified by
invoices) made by DP and its Sub-consultants in the interest of the progress of Work and in
accordance with the County's Contractor Travel Policy for the following purposes:
2.4.1 Identifiable transportation expenses in connection with the Project to locations outside the
Maricopa County area or from locations outside the Maricopa County area will not be
reimbursed unless specifically pre-authorized in writing by the Director or Director's
Designee.
2.4.2 Meals and lodging expenses will not be reimbursed for temporarily relocating DP's
employees from one of DP's offices to another office if the employee is relocated for
more than ten (10) consecutive working days.
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2.4.3 Identifiable communication expenses approved by the Director or Director's Designee,
long distance telephone, courier and express mail between DP's various permanent
offices. DP's field office at the Project site is not considered a permanent office.
2.4.4 Cost of printing, reproduction or photography will be paid for by the Owner through a third
party printing firm. The DP will be responsible for its own incidental printing related to the
project.
2.4.5 Identifiable testing costs approved by Director or Director's Designee.
2.4.6 All Permit fees paid to regulatory agencies for approvals directly attributable to the
Project.
2.4.7 Reimbursable Sub-consultant expenses are limited to the items described above and on
the same basis.
2.4.8 All Reimbursable Costs will be approved by Owner only pursuant to verified invoices,
receipts or other acceptable proof of expenditure provided by DP.
ARTICLE 3: SUBCONSULTANTS
3.1 REGISTRATION OF SUBCONSULTANTS:
All contracts entered into by DP with Sub-consultants engaged to provide professional services
on the Project must be with registrants with the Arizona Board of Technical Registration. All such
contracts with Sub-consultants must incorporate all terms and provisions of this Agreement
(including those re: Alternative Dispute Resolution) as they relate to the duties and
responsibilities of DP on the Project.
3.2 SUBCONSULTANTS' RELATIONS:
3.2.1 All services provided by the Sub-consultants shall be pursuant to appropriate written
agreements between DP and the Sub-consultants, which shall contain provisions that
preserve and protect the rights of Owner and DP under this Agreement.
3.2.2 Nothing contained in this Agreement shall create any contractual or business relationship
between Owner and the Sub-consultants. DP acknowledges that Sub-consultants are to
perform those professional services under the direction, control and supervision of DP as
the prime Project professional.
3.2.3 DP proposes to utilize the following Sub-consultants:
FIRM NAME CONSULTING SERVICE
Pearson Engineering MEP/Data/Communication/Special Systems
Security Design Consultants Security Systems Design
McKay Conant Hoover Acoustic Engineering
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3.2.4 DP shall not change or replace any Sub-consultant without first obtaining prior approval
from the Director or Director's designee in response to a written request stating the
reasons for any proposed substitution. Such approval shall not be unreasonably withheld
or delayed by the Director or Director's designee and, if the request is denied, an
explanation will be provided.
ARTICLE 4: OWNER'S RESPONSIBILITIES
4.1 INFORMATION FURNISHED:
If available, the Owner, at its expense shall furnish DP with the following information:
4.1.1 Surveys of building sites, giving boundary dimensions, locations of existing structures
and/or trees, the grades and lines of street, pavement, and adjoining properties; the
rights, restrictions, easements, boundaries, and topographic data of a building site, and
such information as it has relative to sewer, water, gas and electrical services.
Information contained in such provided documents will be provided by Owner with no
express guarantee for their accuracy or completeness of lack thereof. DP agrees to field-
verify the accuracy or completeness of any information provided by the Owner as
deemed necessary by the DP to provide Contract Documents meeting expectations set
forth under Articles 2 and 3 herein.
4.1.2 If available, soil borings or test pits information, mechanical, structural, or other tests
when deemed necessary by Owner.
4.1.3 If available, drawings representing as-built conditions at the time of original construction
will be furnished to DP; however, they are not warranted to represent conditions as of the
date of this Agreement. DP must perform field investigations as deemed necessary by
the DP and Sub-consultants in order to obtain sufficient information to perform services
complying with Articles 2 and 3 herein.
ARTICLE 5: PROJECT MANAGEMENT AND REVIEW PROCEDURE
5.1 PROJECT MANAGEMENT:
5.1.1 The Director or Director's designee shall act on behalf of Owner in all matters pertaining
to this Agreement, and with the approval of the County Manager, the Director or
Director's designee shall issue all Authorizations to Proceed to DP. The Director or
Director's designee shall approve all invoices for payment to DP upon recommendation
of the Project Manager.
5.1.2 Maricopa County Facilities Management Department is the Owner. The Director shall
designate a Project Manager and Construction Project Manager to have general
responsibility for management of the project through all phases of this Agreement. The
Project Manager shall have authority to issue Authorizations to Proceed to DP and meet
with DP at periodic intervals throughout the preparation of the Contract Documents to
assess the progress of the design and professional services and the Work in accordance
with approved schedules. The Project Manager shall also examine documents submitted
by DP, including invoices, and shall promptly render decisions and/or recommendations
pertaining thereto, to avoid unreasonable delay in the progress of DP's work.
5.1.3 If Owner observes or otherwise becomes aware of any faulty or defective work in the
Project, or other nonconformance with the Contract Documents during the Construction
Phase, Owner shall give prompt notice thereof to DP.
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5.2 REVIEW PROCEDURES:
The following procedures shall be followed for review of all submittals required by Article 2 of this
Agreement:
5.2.1 DP shall submit programming when called for herein, Schematic Studies and Schematic
Documents, Design Development Documents and Construction Documents for review by
Owner in accordance with the Project Design Schedule.
5.2.2 Owner will be required to provide all review comments to DP within fourteen (14) calendar
days from receipt of the submittal.
5.2.3 DP shall respond to and incorporate review comments transmitted by Owner. Any
budgetary overruns or discrepancies shall be resolved by design and engineering
modifications to bring the DP Construction Estimate within the Owner's Construction
Budget.
5.2.4 Unless otherwise agreed to in writing, DP shall respond in writing within seven (7) days of
receipt of the review comments. Owner will log, transmit and facilitate the exchange of
review comments. DP shall also maintain a similar log and make it available to Owner at
all times.
5.2.5 Replies to Responses: Owner will reply within seven (7) days to any responses requiring
confirmation and will advise DP if any further reconciliation is required.
5.2.6 Resolution of Differences: Owner will schedule a meeting between DP and Owner, to take
place within seven (7) days after review comments are issued to DP, in order to resolve all
issues between teams. Owner will arrange additional meetings or conference calls as
necessary, in order to expedite resolution and avoid impact to the Project Design
Schedule or the Contract Documents.
5.2.7 Punch List and Back-Check Review: Upon notice from the Contractor that the project is
substantially complete and with Owner concurrence, the DP shall develop a punch list with
assistance from the Project Manager and/or Construction Project Manager, incorporating
all comments into one punch list for issuance with the Certificate of Substantial
Completion. The DP will be responsible for all back-checks to the punch list. If any
comments remain unsatisfied, additional back checks shall be required by DP until all
comments have been satisfied. Any costs associated with DP's preparation of the back-
checks shall be DP's responsibility.
5.2.8 Resolution of all review comments is requisite for completion of any phase of the Design
Services.
5.2.9 Any failure of Owner to make a decision within the time limits set forth herein shall not be
construed as acquiescence in all or any part of a subsequent DP claim for relief or
remedy.
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ARTICLE 6: BASIS OF COMPENSATION
6.1 FEES FOR PROFESSIONAL SERVICE:
Owner agrees to pay DP, and DP agrees to accept as payment for all of the Basic Services rendered
pursuant to this Agreement, a Lump Sum Not-to-Exceed Fee mutually agreed upon of
$ 679,350.00 as set forth on Exhibit 'B', DP's Proposal, based upon hourly rates and hours,
which shall be indicated in DP's proposal and in Exhibit A. DP Basic Proposal of fees shall indicated
positions, hours and rates per hour required for each design phase as follows:
Programming/Schematic Design, Design Development, Construction Document, Construction
Administration and Post Construction. DP shall also include a Design Schedule indicating days
required for each phase, including days for Owner review and permitting of the Construction
Documents.
6.1.1 Payments to DP on account of the Lump Sum Fee shall be made on the percentage of
the services completed and approved.
6.1.2 The Lump Sum fee shall include all costs associated with performing the Basic Services
including but not limited to attendance at all meetings with Owner staff, Project Manager,
Contractor, and Sub-consultants necessary to perform all of the Basic Services.
6.1.3 Owner shall have no obligation or liability to pay any fee, expenditure or cost beyond the
Lump Sum Compensation agreed to. Unless specifically authorized in writing in advance
as part of the approve scope of work, the COUNTY will not pay for any of the following
expenses of the DP or their Sub-consultants: 1. Vehicle mileage to any COUNTY-owned
facility located within the State of Arizona, 2. Vehicle mileage for the DP or its sub-
consultants to attend project related meetings located within the State of Arizona. 3. Meal
costs for employees of DP or its sub-consultants whether or not employees of the
COUNTY are in attendance for meetings or other gatherings related to project work for
the COUNTY, except where authorized in writing in advance for out-of-state
consultants/sub-consultants traveling to Arizona or out of state travel related to the
assignment.
6.1.4 Unless specifically authorized in writing, the DP shall use the COUNTY contracted
printing vendor for all reproduction work if copies are required by the COUNTY in addition
to the review document sets required elsewhere in this Agreement.
6.2 ADDITIONAL SERVICES/REIMBURSABLES FEE:
DP may be authorized to perform and for Additional Services described under Section 2.3 and
Reimbursable Costs described in 2.4. The proposal for such services will be a negotiated Lump Sum
Not-to-Exceed Fee (negotiated by reference to the hours and hourly rates):
6.2.1 Hourly rates shall be as defined pursuant to Exhibit A.
6.2.2 The following principals may be employed on the Project:
Patricia Thornton Michael Conder
6.2.3 Personnel directly engaged on a Project by DP may include architects, engineers,
designers, job captains, draftsmen, specification writers, field accountants and
manufacturer representatives engaged in consultation, research and design, production
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of drawings, specifications and related documents construction inspection and other
services pertinent to a project during all phases therein.
6.2.4 Any authorized reimbursable services fee shall not include charges for office rent or
overhead expenses of any kind, including local telephone and utility charges, office and
drafting supplies, depreciation of equipment, professional dues, Internet services,
subscriptions, etc., reproduction of drawings and specifications, mailing, stenographic,
clerical, or other employees time or travel and subsistence not directly related to a
project. For all reimbursable services Owner will pay DP the direct cost of the service
without a multiplier. Authorized reproductions in excess of sets required at each phase of
the work will be a Reimbursable Service.
6.2.5 Owner upon recommendation of the Director or Director's Designee will reimburse DP for
authorized Reimbursable Services as verified by appropriate bills, invoices or statements,
pursuant to Section 7.2.
6.3 Absent an Amendment to the Agreement, the aggregate total of Reimbursable Costs under
Section 2.4 shall not exceed $ 7,220.00 , without the prior written approval of the Director or
Director's designee. In the event that sum is exceeded, Owner shall have no liability or
responsibility for paying any such excess which will be DP's own cost and expense.
ARTICLE 7: PAYMENTS TO DP
7.1 PAYMENT FOR BASIC SERVICES:
Payments for Basic Services will be made monthly in proportion to the professional services
performed during each Phase of DP services.
7.2 PAYMENT FOR ADDITIONAL/REIMBURSABLE SERVICES:
7.2.1 Payment for Additional Services may be requested monthly in proportion to the services
performed. When such services are authorized as an hourly rate, DP shall submit for
approval by the Director or Director's designee, a duly certified invoice, giving names,
classification, salary rate per hour, hours worked and total charge for all personnel
directly engaged on a project or task. To the sum thus obtained, any authorized
Reimbursable Services Cost may be added. DP shall attach to the invoice all supporting
data for payments made to Sub-consultants engaged on the Project or task.
7.2.2 In addition to the invoice, DP shall, for Hourly Rate authorizations, submit a progress
report giving the percentage of completion of the Project development and the total
estimated fee to completion.
7.3 DEDUCTIONS:
No deductions shall be made from DP's compensation on account of liquidated damages
assessed against Contractors or other sums withheld from payments to Contractors.
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ARTICLE 8: INDEMNIFICATION AND INSURANCE
8.1 INDEMNIFICATION:
8.1.1 DP's Duty to Indemnify and Defend. To the fullest extent permitted by law, the DP shall
defend, indemnity and hold harmless the Owner, its agents, representatives, officers,
directors, officials, and employees from and against all claims, damages losses, and
expenses, including but not limited to attorney fees, court costs, expert witness fees, and
the cost of appellate proceedings, relating to, arising out of, or alleged to have resulted
from the negligent, reckless, or intentionally wrongful acts, errors, omissions or mistakes
of the DP, its agents, representatives, employees, or Subcontractors relating to the
performance of this Contract. DP's duty to defend, indemnify and hold harmless the
Owner, 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, or destruction of property, including loss
of use resulting therefrom, caused by the referenced acts, errors, omissions or mistakes
in the performance of this Contract, including those made by any person for whose acts,
errors, omissions or mistakes, the DP may be legally liable.
8.1.2 The amount and type of insurance coverage requirements set forth below will in no way
be construed as limiting the scope of the indemnity
8.2 INSURANCE REQUIREMENTS:
DP, at DP's own expense, shall purchase and maintain the herein stipulated minimum insurance
from a company or companies duly licensed by the State of Arizona and possessing a current
A.M. Best, Inc., 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 Owner. The format of any
insurance policies and forms must be acceptable to Owner.
8.2.1 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 Agreement is satisfactorily
completed and formally accepted. Failure to do so may, at the sole discretion of Owner,
constitute a material breach of this Agreement.
8.2.2 DP's insurance shall be primary insurance as respects Owner, and any insurance or self-
insurance maintained by Owner shall not contribute to it.
8.2.3 Any failure to comply with the claim reporting provisions of the insurance policies or any
breach of an insurance policy warranty shall not affect Owner's right to coverage afforded
under the insurance policies.
8.2.4 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 Owner. DP shall be solely responsible for the
deductible and/or self-insured retention and Owner, at its option may require DP to
secure payment of such deductibles or self-insured retentions by a surety bond or an
irrevocable and unconditional letter of credit.
8.2.5 Owner reserves the right to request and to receive, within ten (10) working days, certified
copies of any or all of the herein required insurance policies and/or endorsements. Owner
shall not be obligated, however, to review such policies and/or endorsements or to advise
DP of any deficiencies in such policies and endorsements, and such receipt shall not
relieve DP from, or be deemed a waiver of Owner's right to insist on strict fulfillment of
DP's obligations under this Agreement.
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8.2.6 The insurance policies required by this Agreement, except Workers' Compensation, and
Errors and Omissions, shall name Owner, its agents, representatives, officers, directors,
officials and employees as Additional Insureds.
8.2.7 The policies required hereunder, except Workers' Compensation, and Errors and
Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against
Owner, its agents, representatives, officers, directors, officials and employees for any
claims arising out of DP's work or service.
8.3 REQUIRED COVERAGE:
DP is required to procure and maintain the following coverage's:
8.3.1 Commercial General Liability. Commercial General Liability insurance and, when
necessary, Commercial Umbrella insurance with a limit of not less than $2,000,000 for
each occurrence, $2,000,000 Personal/Advertising Injury, $4,000,000
Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit.
The policy shall include coverage for bodily injury, broad form property damage, and
blanket contractual coverage, and shall not contain any provision that would serve to limit
third party action over claims. There shall be no endorsement or modification of the CGL
limiting the scope of coverage for liability arising from explosion, collapse, or underground
property damage.
8.3.2 Automobile Liability. Commercial/Business Automobile Liability insurance and, if
necessary, Commercial Umbrella 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
DP's owned, hired, and non-owned vehicles assigned to or used in performance of DP's
work or services under this Agreement.
8.3.3 Workers' Compensation. Workers' Compensation insurance to cover obligations imposed
by federal and state statutes having jurisdiction of DP'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.
8.3.4 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
DP, with limits of no less than $2,000,000 for each claim.
8.4 COVERAGES:
Commercial General Liability $2,000,000 Each Occurrence
$2,000,000 Personal & Advertising Injury
$4,000,000 General Aggregate
$4,000,000 Products/Completed Operations
Automotive Liability $2,000,000 Each Occurrence
Workers' Compensation $1,000,000 Each Accident
$1,000,000 Disease for Each Employee
$1,000,000 Disease Policy Limit
Errors and Omissions $2,000,000 Each Claim
8.5 CERTIFICATES OF INSURANCE:
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Prior to commencing work or services under this Agreement, DP shall furnish Owner with
Certificates of Insurance in a form acceptable to Owner, or formal endorsements as required by
the Contract in the form provided by Owner, issued by DP's insurer(s), as evidence that policies
providing the required coverage's, conditions and limits required by this Agreement are in full
force and effect. Such certificates shall identify this contract number and title.
8.5.1 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 DP's work or services and as evidenced by annual Certificates of
Insurance.
8.5.2 If a policy does expire during the life of the Agreement, a renewal certificate must be sent
to Owner fifteen (15) days prior to the expiration date.
8.6 CANCELLATION AND EXPIRATION NOTICE:
Insurance required herein shall not expire, be cancelled, or materially changed without thirty (30)
days prior written notice to Owner.
ARTICLE 9: PERFORMANCE
9.1 PERFORMANCE AND DELEGATION:
9.1.1 DP Services to be performed hereunder shall be performed by DP's own staff, unless
otherwise approved in writing by Owner. Said approval shall not be construed as
constituting an agreement between Owner and said other person or firm. DP's services
shall be performed in all respects in a manner consistent with that degree of skill and
care ordinarily exercised by practicing design professionals performing such services in
Maricopa County under the same or similar circumstances and conditions and in a
reasonable and non-negligent way.
9.1.2 DP agrees, within fourteen (14) days of receipt of a written request from Owner, to
promptly remove and replace any personnel employed or retained by DP, or any sub-
consultants or subcontractors or any personnel of any such sub-consultants or
subcontractors engaged by DP, to provide and perform services or work pursuant to the
requirements of this Agreement, whom Owner shall request in writing to be removed,
which request may be made by Owner with or without cause.
9.2 TIME FOR PERFORMANCE:
9.2.1 DP agrees to start all work hereunder upon receipt of an Authorization to Proceed issued
by the Director or Director's designee and to complete each Phase within the time
stipulated in the Authorization to Proceed. Time is of the essence with respect to
performance of this Agreement.
9.2.2 The Project schedule establishes the critical time limit of DP's services. DP shall not,
except for cause beyond the reasonable control of DP, exceed time limits established by
this Agreement. Any adjustments in the schedule must be approved in writing by Owner
and must be requested in writing by DP within ten (10) days after the occurrence upon
which DP's request for adjustment is based.
9.3 NO WAIVER OF PERFORMANCE:
The failure of the Owner to insist, in any one or more instances, on the performance of any of the
terms, covenants or conditions of this Agreement or to exercise any of its rights hereunder, shall
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not be construed as a waiver or relinquishment of such term, covenant, condition or right with
respect to further performance.
9.4 Any failure of Owner to make a decision within the time limits set forth herein shall not be
construed as acquiesence in all or any part of a subsequent DP claim for relief or remedy.
ARTICLE 10: OWNERSHIP OF DOCUMENTS
10.1 OWNERSHIP OF DOCUMENTS:
10.1.1 By execution of this Agreement, DP assigns all copyright ownership and other intellectual
property interest in the Design Documents and Construction Documents prepared by DP
and further agrees to execute and to cause any Sub-consultant to execute any separate
assignment agreement necessary to implement such assignment.
10.1.2 The Drawings and Project Specifications as instruments of service are and shall become
the property of Owner whether the Project for which they are made is executed or not.
DP shall be permitted to retain copies, including reproducible copies, of the Drawings and
Project Specifications for information and reference in connection with Owner's use and
occupancy of the Project.
10.1.3 Submission or distribution of Contract Documents to meet official regulatory requirements
or for other purposes in connection with the Project is not to be construed as publication
in derogation of any of DP's rights.
10.1.4 To the extent allowed by law, DP agrees not to divulge, furnish or make available to any
third person, firm or organization, without Owner's prior written consent, or unless
incident to the proper performance of DP's obligations hereunder, or in the course of
judicial or legislative proceedings where such information has been properly subpoenaed,
any non-public information concerning the services to be rendered by DP hereunder, and
DP shall require all of its employees, agents, and Sub-consultants to comply with the
provisions of this paragraph.
10.1.5 In the event of future reuse of the Construction Documents by Owner, DP's name and
seal shall be removed and DP shall not be liable to Owner or third parties in their reuse.
10.1.6 DP shall not use, or allow to be used, the Contract Documents, Drawings, Project
Specifications and reports of the unique aspects of this Project in any other project
without the prior written approval of Owner. DP's use of standard specifications texts and
details are specifically excluded from the provisions of this paragraph.
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ARTICLE 11: ALTERNATE DISPUTE RESOLUTION
11.1 Scope. Notwithstanding anything to the contrary provided elsewhere in the Contract, the
alternative dispute resolution ("ADR") process provided herein shall be the exclusive means for
resolution of claims or disputes arising under or related to the Contract, the interpretation thereof
or the performance or breach by any party thereto, including but not limited to original claims or
disputes asserted as cross claims, counterclaims, third party claims or claims for indemnity or
subrogation, in any threatened or ongoing litigation or arbitration with third parties, if such
disputes involve parties to contracts containing this ADR provision. No changes can be made to
this process without the mutual assent of the County and the claimant. The parties have
structured this procedure with the goal of providing for the prompt, efficient and final resolution of
all disputes falling within the purview of this ADR process.
11.2 Meeting of Principals. When a claim is made or a dispute (hereafter "dispute") as described in
Paragraph 1.1 arises, senior representatives of the County and the claimant will meet personally
within ten (10) business days to discuss the dispute and attempt to resolve it. If, after good faith
efforts, resolution is not achieved, the dispute will proceed to mediation.
11.3 Qualifications of Mediator and Arbitrators. Any person selected as mediator or arbitrator, either
as single arbitrator as a member or Chair of the arbitration panel, shall be a member of the State
Bar of Arizona and have experience in construction law.
11.4 Mediation. If the parties have been unable to resolve the dispute after a meeting of principals, the
parties may enter into mediation. The parties shall jointly select a mediator. The parties may
mutually agree to waive mediation and proceed directly to arbitration. If the mediation process is
requested by either party, the mediation period shall be informal and shall not exceed sixty (60)
calendar days from the selection of the mediator. During the mediation process either party may
terminate mediation on written notice to the other party and the mediator.
11.5 Binding Arbitration Procedure. The following binding arbitration procedure shall serve as the
exclusive method to resolve a dispute if mediation is unsuccessful, if mediation has been waived
by the parties, or if a party requests arbitration during the mediation process. Except as provided
in Section 1.7.5 and 1.7.9, the decision of the arbitrator or arbitrator panel is final and binding on
the parties and not subject to further judicial review.
11.5.1 A party requesting binding arbitration shall notify the other party of their demand for
arbitration in writing within seven (7) calendar days of (1) the failure of mediation; (2)
waiver of mediation; or (3) of the party's demand to terminate mediation.
11.5.2 If the Architect requests arbitration it shall post a cash bond with the arbitrator in an
amount agreed upon by the parties or, in the event of no agreement, the arbitrator shall
establish the amount of the cash bond to defray the cost of the arbitration and the
proceeds from the bond shall be allocated in accordance with paragraph 1.7.7. The bond
must be in the full amount agreed upon or as established by the Arbitrator to pay the
potential cost of the full arbitration proceeding. The bond must be posted with and
received by the arbitrator within five (5) calendar days after the demand for arbitration.
11.5.3 Disputes involving less than $200,000 shall be heard by one single arbitrator chosen by
agreement of the parties. If the parties cannot agree on the single arbitrator, then the
parties shall each submit two names to a Judge designated by Maricopa County who
shall select the single arbitrator.
11.5.4 For disputes in excess of $200,000, the arbitration panel shall consist of three arbitrators:
the County's appointed arbitrator, the Architect appointed arbitrator and a third arbitrator
who shall be selected by the parties' arbitrators and serve as the Chair of the arbitration
panel.
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11.5.5 The arbitration is to be convened and administered under the Revised Uniform Arbitration
Act ("RUAA") (A.R.S. § 12-3001 et seq.) and the American Arbitration Association
Construction Rules shall serve as a guideline for proceedings, thus as a supplement to
the RUAA.
11.6 Expedited Hearing. Any party can request the single arbitrator or the Chair of the arbitration
panel to set an expedited hearing. If the single arbitrator or the Chair of the arbitration panel
determines that the circumstances justify it, the single arbitrator or the Chair of the arbitration
panel will arrange for scheduling of the arbitration at the earliest possible date. In any event, the
hearing of any dispute not expedited will commence as soon as practical but in no event later
than thirty (30) calendar days after notification of request for arbitration having been received.
This deadline can be extended only with the consent of all the parties to the dispute, or by
decision of the single arbitrator or the Chair of the arbitration panel upon a showing of good
cause.
11.7 Procedure. The single arbitrator or the arbitration panel will conduct the hearing in such a
manner that will resolve disputes in a prompt, cost efficient manner giving regard to the rights of
all parties. Each party shall supply to the single arbitrator or arbitration panel a written pre-
hearing statement which shall contain a brief statement of the nature of the claim or defense, a
list of witnesses and exhibits, a brief description of the subject matter of the testimony of each
witness who will be called to testify, and an estimate as to the length of time that will be required
for the arbitration hearing. The single arbitrator or the Chair of the arbitration panel shall
determine the nature and scope of discovery, if any, and the manner of presentation of relevant
evidence consistent with deadlines provided herein, and the parties' objective that disputes be
resolved in a prompt and efficient manner. No discovery may be had of any materials or
information for which a privilege is recognized by Arizona law. The single arbitrator or the Chair
upon proper application shall issue such orders as may be necessary and permissible under law
to protect confidential, proprietary or sensitive materials or information from public disclosure or
other misuse. Any party may make application to the Maricopa County Superior Court to have a
protective order entered as may be appropriate to confirm or enforce such orders of the Chair.
11.7.1 Hearing Days. In order to effectuate parties' goals, the hearing once commenced, will
proceed from working day to working day until concluded, absent a showing of good
cause.
11.7.2 Award. The single arbitrator shall within ten (10) calendar days of the conclusion of a
hearing issue an award. The arbitration panel shall, within ten (10) calendar days from
the conclusion of any hearing, by majority vote, issue its award. The award shall include
an allocation of fees and costs pursuant to 1.7.7 herein. The award is to be in
accordance with the Contract and the law of the State of Arizona.
11.7.3 Scope of Award. Regardless of the provisions of the RUAA, the arbitration panel shall be
without authority to award punitive damages, and any such punitive damage award shall
be void. If an award is made against any party in excess of one hundred thousand dollars
($100,000), exclusive of interest, arbitration fees, costs and attorneys' fees, it shall be
supported by written findings of fact, conclusions of law and a statement as to how
damages were calculated.
11.7.4 Jurisdiction. The arbitration panel shall not be bound for jurisdictional purposes by the
amount asserted in any party's claim, but shall conduct a preliminary hearing into the
question of jurisdiction over the claim as regards its amount upon application of any party
at the earliest convenient time, but not later than the commencement of the arbitration
hearing. If the dispute is determined to involve less than $200,000, the arbitration shall
continue before the Neutral Arbitrator as a single arbitrator, with the party appointed
arbitrators being excused.
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11.7.5 Entry of Judgment. As provided in the RUAA, any party can make application to the
Maricopa County Superior Court for confirmation of an award, and for entry of judgment
on it.
11.7.6 Severance and Joinder. To reduce the possibility of inconsistent adjudications, the
Mediator or the single arbitrator or arbitration panel, may: (i) at the request of any party,
join and/or sever parties, and/or claims arising under other contracts containing this ADR
provision, and (ii) the Mediator, on his own authority, or the single arbitrator or arbitration
panel may, on its own authority, join or sever parties and/or claims subject to this ADR
process as deemed necessary for a just resolution of the dispute, consistent with the
parties' goal of the prompt and efficient resolution of disputes, provided; however, that the
NE, OWNER and Project Professionals shall not be joined as a party to any claim made
by an Architect. Nothing herein shall create the right by any party to assert claims
against another party not arising under or related to the Contract or not recognized under
the substantive law as applicable to the dispute. Neither the Mediator nor the single
arbitrator or arbitration panel is authorized to join to the proceeding parties not in privity
with the County. The Architect cannot be joined to any pending arbitration proceeding,
without Architect express written consent and unless Architect is given the opportunity to
participate in the selection of the single arbitrator or non-County appointed arbitrator.
11.7.7 Fees and Costs. Each party shall bear its own fees and costs in connection with any
informal hearing before the mediation. All fees and costs associated with any arbitration
before the single panel or arbitration panel, including without limitation the arbitrator fees,
and the prevailing party's reasonable attorneys' fees, expert witness fees and costs, will
be paid by the non-prevailing party, except as provided for herein. In the event that
Architect is the non-prevailing party, all fees and costs as noted above shall first be paid
out of the bond posted with the arbitrator. In no event shall the Architect obligation to pay
fees and costs be limited to the amount of the bond posted herein. In no event shall any
arbitrator's hourly fees be awarded in an amount in excess of $250 per hour and (i) costs
shall not include any travel expenses in excess of mileage at the rate paid by Maricopa
County, not to exceed a one way trip of 150 miles, and (ii) all travel expenses, including
meals, shall be reimbursed pursuant to the travel policy of Maricopa County in effect at
the time of the hearing. The determination of prevailing and non-prevailing parties, and
the appropriate allocation of fees and costs, will be included in the award by the single
arbitrator or arbitration panel.
11.7.8 Confidentiality. Any proceeding initiated under this ADR provision shall be deemed
confidential to the maximum extent allowed by Arizona law and, except for disclosures to
a party's attorneys or accountants, no party shall make any disclosure related to the
disputed matter or to the outcome of any proceeding except to the extent required by law,
or to seek interim equitable relief, or to enforce an agreement reached by the parties or
an award made hereunder. This provision does not affect the County's right to inform the
County Supervisors of the dispute.
11.7.9 Equitable Litigation. Notwithstanding any other provision of ADR to the contrary, any
party can petition the Maricopa County Superior Court for interim equitable relief as may
become necessary to preserve the status quo and prevent immediate and irreparable
harm to a party or to the Project pending resolution of a dispute pursuant to ADR
provided herein. No court may order any permanent injunctive relief except as may be
necessary to enforce an order entered by the arbitration panel. The fees and costs
incurred in connection with any such equitable proceeding shall be determined and
assessed in ADR.
11.7.10 Change Order. Any award in favor of the Architect against the County or in favor of the
County against the Architect shall be reduced to a Change Order and executed by the
parties in accordance with the award and the provisions of the Contract or a settlement
agreement as appropriate.
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11.7.11 Merger and Bar. Any claim asserted pursuant to this ADR process shall be deemed to
include all claims, demands, and requests for compensation for costs and losses or other
relief, including the extension of the Contract performance period which reasonably
should or could have been brought against any party that was or could have been
brought into this ADR process, with respect to the subject claim. The arbitration panel
shall apply legal principles commonly known as merger and bar to deny any claim or
claims against any party regarding which claim or claims recovery has been sought or
should have been sought in a previously adjudicated claim for an alleged cost, loss,
breach, error, or omission.
11.8 Inclusion in Other Contracts. The Architect shall cooperate with the County in efforts to include
this ADR provision in all other Project contracts.
ARTICLE 12: SUSPENSION AND TERMINATION
12.1 PROJECT SUSPENSION:
Owner may suspend the Project and DP's services without cause but if the Project is suspended
for more than one-hundred eighty (180) days, DP shall be paid for all Basic Services and
Reimbursables that have been authorized by an Authorization to Proceed and that were
performed by DP and accepted by Owner prior to the date of such suspension. If the Project is
resumed after having been suspended for 180 days, DP's further compensation shall be subject
to renegotiation.
12.2 TERMINATION OF AGREEMENT:
12.2.1 Owner has the right to terminate this Agreement for its convenience upon seven (7) days
written notice to DP. Upon such termination, all charts, sketches, studies, drawings,
models and other documents related to services performed under this Agreement,
whether finished or not, shall be turned over to Owner within ten (10) days of notice of
termination provided that DP has been paid in full for services rendered and approved by
Owner as of the date of termination and reasonable termination costs supported by
documentation.
12.2.2 Owner has the right to terminate this Agreement for default upon seven (7) days written
notice stating the grounds for default or material breach. If DP has not cured the default
or breach to the satisfaction of Owner, Owner shall receive ownership of all design
documents upon request of Owner and Owner has the right to use, renovate and to make
derivative works of the design documents in order to complete the Project.
12.2.3 Termination, for whatever cause or on whatever basis, shall not result in DP's being
entitled to claim any lost profits as a result of the termination.
ARTICLE 13: MISCELLANEOUS
13.1 MAINTENANCE OF RECORDS:
DP will maintain and require Sub-consultant to retain adequate records and supporting
documentation which concern or reflect its services hereunder. The records and documentation
will be retained by DP for a minimum of six (6) years from the date of termination of this
Agreement or the date the Project is completed, whichever is later. Owner, or any duly authorized
agents or representatives of Owner, shall have the right to audit, inspect, and copy all such
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records and documentation as often as they deem necessary during the period of this Agreement
and during the six (6) year period noted above. Refusal of DP to comply with the provisions of this
section shall be grounds for termination for cause of this Agreement by Owner.
13.2 CANCELLATION:
Owner may cancel this Agreement without penalty or further obligation under A.R.S. § 38-511 if
any person significantly involved with this Agreement on behalf of Owner is or becomes a
consultant to DP or a Sub-consultant with respect to the subject matter of the Agreement or an
employee of DP does so.
13.3 PAYMENT OBLIGATIONS:
All payment obligations of Owner are conditioned on the availability of funds which are approved
and allocated for such obligation. If funds are not allocated and available for continuation of DP's
services, this Agreement may be terminated or suspended at the end of the time period for which
funds are available. No liability or penalty shall accrue or be attributable to Owner in the event it
becomes necessary to exercise rights under this provision.
13.4 NON-DEFINED TERMS:
If not specifically defined herein, terms, words and phrases will have their ordinary and common
meaning and they, together with abbreviations, shall be interpreted consistent with the design
professional industry standards and technical and trade meanings.
13.5 NON-WAIVER PROVISIONS:
The failure of the Owner to insist, in any one or more instances, on the performance of any of the
terms, covenants or conditions of the Agreement, or to exercise any of its rights hereunder, shall
not be construed as a waiver or relinquishment of such terms, covenant, conditions or right with
respect to further performance.
13.6 NO HAZARDOUS SUBSTANCES OR PRODUCTS:
DP shall use reasonable care not to specify for use in the Project any product known by DP to
contain hazardous substances as defined in 42 U.S.C. 9601, et seq. unless no reasonable
alternative is available and in that case Owner consent to sue shall first be obtained.
13.7 ENVIRONMENTAL CONTAMINATION:
DP shall immediately notify Owner both verbally and in writing of the presence of and location of
any environmental contamination of the site which it becomes aware of or reasonably should
become aware, including, but not limited to, hazardous substances and petroleum releases.
13.8 ADA REQUIREMENTS:
The Americans with Disabilities Act ("ADA") is applicable to the Project. DP will use its skill and
training as a design professional and exercise the applicable standard of care to design the
Project in compliance with ADA requirements.
13.9 SUCCESSORS AND ASSIGNS:
The performance of this Agreement shall not be transferred, pledged, sold, delegated or
assigned, in whole or in part, by DP without the written consent of Owner.
DP and Owner each binds one another, their partners, successors, legal representatives and
authorized assigns to the other party of this Agreement and to the partners, successors, legal
representatives and assigns of such party in respect to all covenants of this Agreement.
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13.10 CERTIFICATION OF WAGE RATES AND UNIT COSTS:
For any Authorization to Proceed for a project to be compensated under the Lump Sum method,
DP shall certify that wage rates and other factual unit costs supporting the compensation are
accurate, complete, and current at the time of said Authorization to Proceed. The original Project
price and any addition thereto will be adjusted to exclude any significant sums by which Owner
determines the project price was increased due to inaccurate, incomplete or noncurrent wage
rates and other factual unit costs. All such price adjustments will be made within one (1) year
following the end of the Project.
13.11 NOTICES:
Whenever either party desires to give notice unto the other, such notice must be in writing, sent
by registered United States mail, return receipt requested, addressed to the party for whom it is
intended at the place last specified; and the place for giving of notice shall remain such until it
shall have been changed by written notice in compliance with the provisions of this paragraph.
For the present, the parties designate the following as the respective places for giving of notice:
FOR OWNER:
Director, Maricopa County Facilities Management Department
401 W. Jefferson Street
Phoenix, Arizona 85003
FOR DP:
Patricia Thornton, Principal Architect
Arrington Watkins Architects
5240 N. 16th Street, Suite 101, Phoenix, AZ 85016
13.12 SEVERABILITY:
If any term, covenant, condition or provision of this Agreement (or the application thereof to any
circumstance or person) shall be invalid or unenforceable to any extent, the remaining terms,
covenants, conditions and provisions of this Agreement shall not be affected thereby; and each
remaining term, covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms,
covenants, conditions and provisions of this Agreement would prevent the accomplishment of the
original intent of the agreement between the parties.
13.13 SURVIVAL OF PROVISIONS:
All terms, conditions, covenants and obligations of Owner and DP hereunder shall survive the
termination or expiration of this Agreement as necessary and appropriate for such parties to fulfill
their obligations that accrued during the Term of this Agreement.
13.14 EXTENT OF AGREEMENT:
This Agreement represents the entire and integrated agreement between Owner and DP and
supersedes all prior negotiations, representations or agreements, written or oral. This Agreement
may not be amended, changed, modified, or otherwise altered in any respect, at any time after
the execution hereof, except by a written document executed with the same formality and equal
dignity herewith. Waiver by either party of a breach of any provision of this Agreement shall not
be deemed to be a waiver of any other breach of any provision of this Agreement.
13.15 NO CONTINGENT FEE:
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DP (or registered surveyor and mapper or professional engineer, as applicable) warrants that he
or she has not employed or retained any company or person, other than a bona fide employee
working solely for DP (or registered surveyor and mapper, or professional engineer, as
applicable) to solicit or secure this Agreement and that he or she has not paid or agreed to pay
any person, company, corporation, individual, or firm, other than a bona fide employee working
solely for DP (or registered surveyor and mapper or professional engineer, as applicable) any fee,
commission, percentage, gift or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of this provision, Owner shall have the
right to terminate the Agreement without liability and, at its discretion, to deduct from the contract
price, or otherwise recover, the full amount of such fee, commission, percentage, gift or
consideration.
13.16 APPLICABLE LAW AND VENUE OF LITIGATION:
This Agreement shall be enforced, interpreted, and construed in accordance with and governed
by the laws of the State of Arizona including the Revised Uniform Arbitration Act (A.R.S. §. 12-
3001 et seq.), which is applicable hereto. Any suit or action brought by any party concerning this
Agreement, or arising out of this Agreement, shall be brought in Maricopa County, Arizona.
13.17 INTERPRETATION:
The language of this Agreement has been agreed to by both parties to express their mutual intent
and no rule of strict construction shall be applied against either party hereto. The headings
contained in this Agreement are for reference purposes only and shall not affect in any way the
meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall
include the other gender, and the singular shall include the plural, and vice versa, unless the
context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer
to this Agreement as a whole and not to any particular sentence, paragraph, or section where
they appear, unless the context otherwise requires. Whenever reference is made to a Section or
Article of this Agreement, such reference is to the Section or Article as a whole, including all of
the subsections of such Section, unless the reference is made to a particular subsection or
subparagraph of such Section or Article.
13.18 PRIORITY OF PROVISIONS:
If there is a conflict or inconsistency between any term, statement, requirement, or provision of
any exhibit attached hereto, any document or events referred to herein, or any document
incorporated into this Agreement by reference and a term, statement, requirement, or provision of
this Agreement, the term, statement, requirement, or provision contained in this Agreement shall
prevail and be given effect.
13.19 COMPLIANCE WITH LAWS:
DP shall comply with all applicable laws, codes, ordinances, rules, regulations and resolutions in
performing its duties, responsibilities and obligations related to this Agreement.
13.20 PRIOR AGREEMENTS:
This document incorporates and includes all prior negotiations, correspondence, conversations,
agreements and understandings applicable to the matters contained herein and the parties agree
that there are no commitments, agreements or understandings concerning the subject matter of
this Agreement that are not contained in this document. Accordingly, the parties agree that no
deviation from the terms hereof shall be predicated upon any prior representations or
agreements, whether oral or written. It is further agreed that no modification, amendment or
alteration in the terms or conditions contained herein shall be effective unless set forth in writing.
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13.21 LEGAL WORKER REQUIREMENTS:
As required by A.R.S. § 41-4401, OWNER is prohibited after September 30, 2008 from awarding
a contract to any service or construction contractor who fails, or whose subcontractors fail, to
comply with A.R.S. § 23-214-A. DP warrants that it complies fully with all federal immigration laws
and regulations that relate to its employees, that it shall verify, through the employment
verification pilot program as jointly administered by the U.S. Department of Homeland Security
and the Social Security Administration or any of its successor programs, the employment
eligibility of each employee hired after December 31, 2007, and that it shall require its
subcontractors and sub-subcontractors to provide the same warranties to DP. DP acknowledges
that a breach of this warranty by DP or by any subcontractor or sub-subcontractor under this
Agreement shall be deemed a material breach of this Agreement, and is grounds for penalties,
including termination of this Agreement, by Owner. Owner retains the right to inspect the records
of any DP, subcontractor and sub-subcontractor employee who performs work under this
Agreement, and to conduct random verification of the employment records of DP and any
subcontractor and sub-subcontractor who works on this Agreement, to ensure that DP and each
subcontractor and sub-subcontractor is complying with the warranties set forth above. DP shall
be responsible for all costs associated with compliance with this requirement.
13.22 INFLUENCE:
As prescribed in MC1-1202 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. An attempt to influence
includes, but is not limited to:
13.22.1 A person offering or providing a gratuity, gift, tip, present, donation, money, entertainment
or educational passes or tickets, or any type valuable contribution or subsidy,
13.22.2 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.
13.23 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 may be viewed and downloaded at the Governor of the State of Arizona's website
http://www.azgovernor.govidms/upload/E0 2009 09.pdf which 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 or any other individual in any way because of
that person's age, race, creed, color, religion, sex, disability or national origin.
13.24 ISRAEL BOYCOTT:
By submitting this bid the Contractor certifies that they are in compliance with Article 9, Arizona
Revised Statutes Section 35-393 et. seq.
13.25 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.
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IN WITNESS WHEREOF, the County of Maricopa, Arizona, has caused this Agreement to be
executed by the undersigned and the seal of the County to be set hereto; and said DP has
caused this Agreement to be executed by the undersigned and the seal of DP set hereto on this
day and year first above written.
THE COUNTY OF MARICOPA, ARIZONA
RECOMMENDED
By
Department Head Date
(SEAL)
ATTEST
By
Chairman, Board of Supervisor's County Clerk
LEGAL REVIEW:
Approved as to form and legality for the use
and reliance of the County of Maricopa,
Arizona, only.
Deputy County Attorney Date
WHEN DP IS A CORPORATION OR PROFESSIONAL ASSOCIATION
ATTEST
Alz-Z I t,Vs—r-otv \/..14,1 -V- 1 r.s 5 4P-z-li i TEc-T'S
Name of Corporation
Fai-rt_te._ t lek -I-40124J ro (.1 By: ai---a-A--1-1-e*--L---1--tx-----
SeCretafy
kz.. 1-19 oei 1
(Corporate Seal) DP's Registration No.
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WHEN DP IS AN INDIVIDUAL OR PARTNERSHIP
ATTEST
Witness:
Legal name of Partnership
Witness: By:
Legal name (Title, if any)
WHEN DP IS A JOINT VENTURE
Legal name of firm Legal name firm
By: , By:
Signature Signature
Legal name and title Legal name and title
ATTEST
Witness Witness
Witness Witness
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EXHIBIT 'A': HOURLY RATE AND HOURS
See Arrington Watkins proposal dated 10/01/18
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EXHIBIT `13': DP Proposal for Services
See Arrington Watkins proposal dated 10/01/18
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EXHIBIT 'C': Record Drawing Procedures
Introduction
These guidelines are issued to promote the development of electronic drawings suitable for use in the
Maricopa County Facilities Management Department CAD environment. Consistency and compatibility
with existing Maricopa County documents can only be achieved when these standards are strictly
adhered to. Electronic drawings produced and submitted in accordance with these standards have
significantly greater value to Maricopa County. Design Professionals (DP), their Sub-consultants, and
Contractors delivering documentation to Maricopa County must ensure these standards are reviewed,
understood and followed by those people responsible for preparing electronic drawings.
Renovations and Space Change Projects Requirements
For typical Renovation and Space Planning projects, the DP is responsible for submitting a complete set
of Construction Documents (CDs) to Maricopa County prior to the beginning of construction. Upon
completion of construction, Contractors are responsible for submitting complete As-Built documentation
(per definitions included in the Agreement Between The County of Maricopa, Arizona and Design
Professional) to the Owner (in both electronic and hardcopy formats) and DP is responsible for submitting
the Record Drawings to the Owner based on this As-Built documentation. Construction Documents and
Record Drawings submitted to the Owner need to adhere the criteria outlined in this document.
All "DWG" files and AutoCAD drawing entities submitted at the end of a project must be able to be
manipulated using standard AutoCAD drafting procedures. Non-compliance with this policy may result in
the rejection of AutoCAD files submitted at project closeout, in addition to delayed rendering of final
project payment. "DXF" files will not be accepted at project closeout as a substitution for "DWG" AutoCAD
file deliverables. Projects using Building Information Modeling (BIM) software are still required to
submit "DWG" formats for their projects.
Electronic File Format
CAD drawings must be submitted in full compliance with AutoCAD software 2007 drawing file format (file
extension = .DWG).
All Construction and Record Document project drawings must be submitted to Maricopa County Facilities
Management Department in all file formats listed below; other formats are not acceptable without the prior
consent of Maricopa County Facilities Management Department.
• AutoCAD® 2007 or higher — DWG format only.
• Adobe® PDF version 6.0 or higher.
Scale, Units, Coordinate System and Orientation
AutoCAD drawings should be drafted at full scale in architectural or engineering units, such that one
drawing unit equals one inch. The User Coordinate System (UCS) for all AutoCAD drawings should be
set to "World".
Tolerances
When projects require creation of new AutoCAD floor plans from field measurements, exterior building
dimensions should reconcile to within one (1) inch of actual building dimensions as measured in the field.
Interior building dimensions must reconcile to within half (1/2) inch of actual field dimensions. However,
individual project requirements may vary. Please confirm requirements with the Project Manager
designated by Maricopa County.
Central Courts Renovation Design Page I 38
DBB Professional Services Contract Serial # 190001-ROQ

Blocks
The following rules must be employed when handling block entities:
1. All entities within a block must be created on layer 0.
2. Drawing entities translated into AutoCAD blocks from non-AutoCAD systems must revert to
layer 0 when exploded within AutoCAD.
Policy on External Reference Files (XREFs)
Maricopa County will not accept the submission of any AutoCAD drawing deliverable which contains
unbound references to external source drawing files. All externally referenced data sources that were
used during the AutoCAD drawing production phase should be incorporated as a block within a single
drawing file, including the title block and all identifying information visible in the printed image, upon
project completion and prior to submission to Maricopa County. Layers contained in XREF's inserted as
blocks should conform to Maricopa County guidelines. The resulting self-contained drawing file is an
acceptable deliverable to Maricopa County.
Owner Supplied CAD Files
Prior to commencement of design and construction services, Maricopa County will provide past Record
Drawings in AutoCAD per the Contract Agreement that can be used as the background for space
documentation projects. These have been generated using a variety of methods and may require field
verification. When no pre-existing Record Drawings in AutoCAD are available, consultants will be
required to produce drawings entirely from field measurements. AutoCAD files are transmitted for the
convenience and expediency of the DP, their Sub-consultants and the Contractor but bear no implicit or
explicit guarantee of accuracy, reliability or correctness". It is recommended to all recipients of Owner-
supplied drawing files to perform their own verifications as necessary to develop drawings for each phase
of the project.
Layers for CAD Files
All AutoCAD Files shall include but not be limited to the following building features that define the physical
boundaries necessary to define space, such as: 1) exterior walls; 2) vertical elevations & sections; 3)
details; 4) schedules; 5) doors; 6) glazing; 7) elevator shafts; 8) stair wells and other changes in floor
elevation; 9) built-in furniture and/or modular systems. The DP, their Sub-consultants and the Contractor
shall adhere to these layer standards as much as possible, although additional layers, conforming to
standard formats, may be necessary, while some layers may not be applicable to every space
documentation project (furniture, roof lines, etc.).
AutoCAD layers should be named in accordance with the latest U.S. National CAD Standard (NCS1 which
can be obtained from the National Institute of Building Sciences. Custom layers added by Maricopa
County begin with MC-. The specific name of custom layers may vary slightly by Maricopa County owner.
AIA CAD Layer Guidelines
See U.S. National CAD Standard Version 3 (attached).
USE OF BUILDING INFORMATION MODELING (BIM)
Although projects may utilize Building Information Modeling (BIM) for conveying three-dimensional
design, two-dimensional deliverables are still required as outlined in this guideline and as specified in
Maricopa County Agreements with the DP, their Sub-consultants and Contractors.
Central Courts Renovation Design Page I 39
DBB Professional Services Contract Serial # 190001-ROQ

BIM Execution Plan
Projects utilizing BIM are required to provide a BIM Execution Plan to document modeling practices. This
document declares what is being modeled, the accuracy of the models, the intent of the models, and how
project teams work within the models.
BIM Standards
Modeling practices and standards should be declared and agreed upon in the Project's BIM Execution
Plan.
BIM Models and Deliverables
Models turned over to Maricopa County as a deliverable must meet the requirements of the agreed upon
BIM Execution Plan.
Use of Revit
Models are to be created in the most current version of Autodesk Revit. Modeling practices are to be
declared in the project's BIM Execution Plan.
Central Courts Renovation Design Page I 40
DBB Professional Services Contract Serial # 190001-ROQ

October 1, 2018
Charles Jones
Maricopa County Facilities Management Department
401 W. Jefferson Street
Phoenix, AZ 85003
RE: Central Court Renovation of Floors 12 & 13
Dear Charles:
Thank you for this opportunity to work with Maricopa County again. At your request, Arrington Watkins
Architects has prepared a scoping document and a fee proposal for the above referenced project. The
scope of work is broken into the following tasks:
1. Scope of work Tasks
a. Task 1A Programming Floors 12 & 13
b. Task 1B Conceptual Design Floors 12 & 13
c. Task 1C Schematic Design Floors 12 & 13
d. Task 1D Design Development Floors 12 & 13
e. Task 1E 50% Construction Documents Floor 13
f. Task 1F 100% Construction Documents Floor 13
g. Task 1G Permitting Floor 13
h. Task 1H Bidding and Negotiation Floor 13
i. Task 11 Construction Administration Floor 13
j. Task 1J 50% Construction Documents Floor 12
k. Task 1K 100% Construction Documents Floor 12
I. Task 1L Permitting Floor 12
m. Task 1M Bidding and Negotiation Floor 12
n. Task 1N Construction Administration Floor 12
Additional documentation is being provided for the following:
2. Projection of Quarterly Billings
3. Fee Summary and Fee Details for each design firm
4. A design schedule through to construction based on anticipated start dates for each floor
Feel free to contact me with and questions or to review in detail any part of this proposal.
Thank you again for this opportunity.
Sincerely,
Arrington Watkins Architects, LLC
Patricia Thornton
Principal Architect
5240 N. 16th Street
Suite 101
Phoenix, Arizona 85016
Telephone: (602) 279-4373
FAX: (602) 279-9110
A Limited Liability Company

10/02/2018
Charles Jones
Maricopa County Facilities Management Department
401 W. Jefferson St.
Phoenix, Arizona 85003
Re: Central Court Renovation of Floors 12 and 13
Dear Charles,
Thank you for this opportunity to provide professional design services on the Central Courts
Building. We are looking forward to working with you on this project. I am writing this scope of work
as I understand it based on the agenda and meeting we had on September 9, 2018. Once I have a
clear understanding of your expectations on scope I can provide the fee proposal for the design
team.
Project Understanding
We understand that the County desires a complete renovation to the 12' and 13' floors of the
Central Courts Building. The demolition for these two floors will include removing the existing
partitions, wall and floor finishes, ceilings, plumbing fixtures, casework, doors and hardware, down
to the existing structure. The mechanical systems will be demolished to the riser located at the
north and south side of the floor, plumbing both water and waste will be demolished back to the
connections on the floor. Electrical systems will be demolished back to service panels or bus duct.
We understand that equipment and furniture removal will be coordinated with FMD by the Courts
team and will not be part of the demolition drawings. The areas that will not require any demolition
are the existing core elevators used by staff and public, the in-custody elevator and the existing
exit stairs.
The design phases will include Programming, Conceptual Design, Schematic Design, Design
Development, 50% Construction Documents, 100% Construction Documents, Permitting, Bidding
and Construction Administration.
The design of the two floors will include, but not be limited to, four criminal courtrooms, four judicial
suites that will include open offices for support staff, new public restrooms, new lobby and support
utility spaces. All mechanical distribution and controls will be upgraded. All fire alarm devices and
controls will be upgraded. Electrical design will include lighting and power, data and
communications. The design for the special systems of court equipment will be coordinated with
5240 N. 16th Street
Suite 101
Phoenix, Arizona 85016
Telephone: (602) 279-4373
FAX: (602) 279-9110
A Limited Liability Company

Central Courts Renovation
Page 2 of 7
the Maricopa County vendor, who will provide design documents to be included in the design
phases for approval. The AW design team will provide security design of access control, detention
hardware and cameras. The new design will be fully code compliant including all accessibility
requirements.
We understand that the County has asked Arrington Watkins to develop three options for the
design deliverables. Option 3 will be to design Floors 13 and 12 concurrently but permit and
construct one floor at a time. Option 3 will include an early demolition package for floor 13 and any
abatement required for floor 12 while keeping floor 12 operational during the day.
We understand that the project will be a design-bid-build delivery method and that each phase will
be reviewed and signed off by FMD project manager. It is anticipated that the design phase will be
approximately 32 weeks.
We are excluding the environmental assessment report/asbestos impact report and understand
FMD will be contracting this and the abatement effort separately.
This proposal includes architectural and engineering services and our design team is as follows:
• Architect — Arrington Watkins
• MEP/Data/Communications/Special Systems — Pearson Engineering
• Security Systems Design — Security Design Consultants
• Acoustic Engineering — McKay Conant Hoover
The meetings proposed in the following scope of work are in-person meetings.
Scope of Work (Option 3)
• Task 'IA — Programming: (Eight Weeks — Seven owner/user group meetings)
o The Programming process will include user input. Programming sessions (6) are
anticipated with the following user groups:
• Superior Court Judges (1 meeting)
• Superior Court staff (1 meeting)
• Court Security, Court Equipment Vendor and OET (1 Meeting)
• MCSO Staff
o Attendance and meeting schedule to be coordinated through FMD staff,
o Two progress follow-up meetings. Attendance coordinated through FMD.
o One final programming coordination meeting; deliverable to be reviewed and final
comments to be addressed. Attendance coordinated through FMD.
o All seven meetings will be attended by architect and project coordinator, four
meetings to be attended by the MEP, Data/Communications and special systems
engineering team.
o Deliverable will include:
• 1 programming document inclusive of floors 12 &13, with space description,
size, quantity, net area, MEP/Data/Com/Special Systems and security
requirements. It will also include any special user group remarks.
• Adjacency diagrams

Central Courts Renovation
Page 3 of 7
• Room Diagrams with descriptions of required systems.
o Programming deliverables will be PDF's emailed to the County.
o Owner Review time is expected to be 1 week, there are 2 owner reviews
anticipated.
• Task 1B — Conceptual Design (Four weeks — Two owner/user group meetings):
o One Kick-off meeting and one conceptual design discussion meeting
• Two meetings to be attended by architect and project coordinator, MEP,
Data/Communications and special systems engineering team. Owner team
attendance coordinated through FMD.
o Site investigation and as-built document confirmation after hours, including
structural columns, plumbing fixtures, In-custody holding, (1 trips 4 hours)
o Deliverable to include up to three design options for the following:
o Courtroom locations
o Chambers and Office locations
o Lobby
o Jury Deliberation
o Support Spaces
o In-custody Spaces
o Deliverables will be PDF's emailed to County for review
o Owner Review time is expected to be 1 week. Review to lead to one floor plan
selection.
o Floor 12 and 13 to be identical architectural designs.
• Task 1C — Schematic Design (Four weeks and development of single option — Two
owner/user group meetings):
o One Kick-off meeting and one schematic design discussion:
• Two meetings to be attended by architect, MEP, Data/Communications and
special systems engineering team, security consultant, Interior. Owner team
attendance coordinated through FMD. Designer
o Internal design team coordination meetings to be held at AW office.
o Develop industry standard Schematic Development level documents by all
disciplines. Each floor will be represented separately by each discipline.
o Deliverables will be PDF's emailed to County for review
o Owner Review time is expected to be 1 week.
• Task 1D — Design Development Cost Estimate (Four weeks — Four owner meetings /
Two AHJ meetings):
o Owner meeting with review of schematic design resolutions as incorporated into the
design development drawings.
• One meeting with space planners and county architect as needed to confirm
systems furniture layouts and requirements. To be attended by architect and
project coordinator, MEP, Data/Communications and special systems
engineering team, Interiors and Acoustic engineer. Owner team attendance
coordinated through FMD.
• One meeting to confirm material selections on color boards to be attended
by Architect and Interior designer.

Central Courts Renovation
Page 4 of 7
• One meeting with owner to discuss preparation of DD level cost estimate.
This meeting will be to insure owner has the information to create a DD
estimate; to be attended by architect, MEP, Data/Communications and
special systems engineering team. Hardware review to be included.
o Internal design team coordination meetings to be held at AW office.
o One Goodman's meeting to be attended by Interior designer and project
coordinator.
o Develop industry standard Design Development level documents by all disciplines.
This includes material selections and color boards and a design development level
specification. Each floor will be represented separately by all disciplines.
o Deliverables will be PDF's emailed to County for review. Color boards will be hand
delivered and scanned for approval.
o Architect to initiate preliminary plan review by county plan review team and state fire
marshal. (Two AHJ meetings)
o Owner Review time is expected to be 1 week.
• Task lE — Construction Documents 50% Fl. 13 (Four weeks — One owner meeting /
Two AHJ meetings)
o Owner meeting to confirm incorporation of all owner/user comments. This meeting
will be to insure owner has the information to create a CD estimate; to be attended
by architect, MEP, Data/Communications and special systems engineering team.
Security consultant may be remote.
o Develop industry standard 50% Construction Document level documents for all
disciplines with specification. QC/QA by Project Manager.
o One meeting with the County Plan Reviewer by Architect and one meeting with
state fire marshal prior to submittal. (Two AHJ meetings)
o Deliverables will be PDF's emailed to County for review and approval.
o Owner Review time is expected to be 1 week.
o Demolition package to be submitted for permitting.
• Task IF — Construction Documents 100% Floor 13 (Four Weeks)
o Completion of 100% construction Documents, drawings and specifications.
o QC/QA by Project Manager
o Pick up all demolition comments and re-submit demo package for permitting
• Task 1G — Permitting Floor 13 (6 Week estimated)
o Plan review submittal. County Plan Review time is expected to be 2-3 weeks per
review
o Pick up all county review comments and resubmit for approval.
• Task 1H — Bidding! Negotiating (Four weeks — One Pre-Bid Meeting) Floor 13
o Architect to attend pre-bid conference.
o Architect and Engineers to respond to RFI's during bidding.
• Task ll — Construction Administration (12 Months (est.) — Floor 13
o All disciplines to perform standard Construction Administration services including
responding to RFI's, reviewing submittals and issuing ASI's.
o The Project Manager will visit the site 2 times meetings per month. The Project
Coordinator will visit the site and attend up to 48 OAC meetings during the CA

Central Courts Renovation
Page 5 of 7
phase, plus substantial completion and final completion walks to be done by both.
Each site visit will include an owner meeting and a field observation.
o The MEP/Data Communications engineers are expected to make up to 8 site visits
during the CA phase.
o The Security Electronics engineer is each expected to make up to 3 site visits during
the CA phase.
o The Acoustic engineer is expected to make up to 3 site visit during the CA phase.
o Record drawings are not expected to be part of this scope but will be performed by
the General Contractor.
o All disciplines are expected to do a pre-punch and final punch.
• Task 1J — Construction Documents 50% Fl. 12 (Four weeks — One owner meeting!
Two AHJ meetings)
o Owner meeting to confirm incorporation of all owner/user comments. This meeting
will be to insure owner has the information to create a CD estimate; to be attended
by architect, MEP, Data/Communications and special systems engineering team.
Security consultant may be remote.
o Develop industry standard 50% Construction Document level documents for all
disciplines with specification. QC/QA by Project Manager.
o One meeting with the County Plan Reviewer by Architect and one meeting with
state fire marshal prior to submittal. (Two AHJ meetings)
o Deliverables will be PDF's emailed to County for review and approval.
o Owner Review time is expected to be 1 week.
o Demolition package to be submitted for permitting. (Timing to be coordinated with
FMD)
• Task 1K — Construction Documents 100% Floor 12 (Four Weeks)
o Completion of 100% construction Documents, drawings and specifications.
o QC/QA by Project Manager
o Pick up all Demolition Package comments and re-submit demo package for
permitting. (Coordinate timing with FMD)
• Task 1L — Permitting Floor 12 (6 Week estimated)
o Plan review submittal. County Plan Review time is expected to be 2-3 weeks per
review.
o Pick up all county review comments and resubmit for approval.
• Task 1M — Bidding / Negotiating (Four weeks — One Pre-Bid Meeting) Floor 12
o Architect to attend pre-bid conference.
o Architect and Engineers to respond to RFI's during bidding.
• Task IN — Construction Administration (12 Months (est.) — Floor 12
o All disciplines to perform standard Construction Administration services including
responding to RFI's, reviewing submittals and issuing ASI's.
o The Project Manager will visit the site 2 times meetings per month. The Project
Coordinator will visit the site and attend up to 48 OAC meetings during the CA
phase, plus substantial completion and final completion walks to be done by both.
Each site visit will include an owner meeting and a field observation.
o The MEP/Data Communications engineers are expected to make up to 8 site visits
during the CA phase.

Central Courts Renovation
Page 6 of 7
o The Security Electronics engineer is each expected to make up to 3 site visits during
the CA phase.
o The Acoustic engineer is expected to make up to 3 site visit during the CA phase.
o Record drawings are not expected to be part of this scope but will be performed by
the General Contractor.
o All disciplines are expected to do a pre-punch and final punch.
Fees
The fees for this project are described in the attached Fee Schedule:
Lump Sum Fee for A/E Services:
Additional services are available using the following standard hourly rates for Arrington Watkins.
Please note the standard hourly rates from each of the consulting engineers may be different.
Standard Hourly Rates for the architect:
Principal Architect $192.00
Project Manager $183.00
Architect/Spec Writer $122.00
Project Coordinator $112.00
BIM Modeler/Drafter $89.00
Admin $78.00
Misc.
Services excluded from this proposal but available for additional services:
• Full-time on-site Representation
• Materials Testing
• Special Structural Inspections
• Post Occupancy Evaluation
• Commissioning
• LEED
• Fast-Track Design Services
It is expected that the County will provide the following:
• Central Courts as-built pdfs and dwg files
• County Standards for Design and Construction of New Facilities
• Division 0 and Division 1 specifications per county standards
• County will coordinate with their vendor on special courts equipment final design and
installation.

Central Courts Renovation
Page 7 of 7
Arrington Watkins Architects, LLC Maricopa County FMD
Patricia M. Thornton
(Printed Name / Title) (Printed Name / Title)
(Signature) (Signature)
(Date) (Date)
Attachments:
Fee Schedule
Proposals from Engineers

September 18, 2018
PEARSON Arrington Watkins Architects
ENGINEERING 5240 North 16 1h St. Suite 101
ASSOCIATES, Phoenix, Arizona 85016
INC. Attn: Patte Thornton, AIA
Principal Architect, LEED AP
Re: Maricopa County Central Courts Renovation Floors 12 & 13— Option 3
ELECTRICAL PEA No. P18-388R
MECHANICAL
PLUMBING Good Morning:
Pearson Engineering Associates, Inc. (PEA) is pleased to offer professional Mechanical,
Plumbing, and Electrical engineering services for the project known as Maricopa County
Central Courts Renovation Floors 12 & 13 — Option 3. The project is generally understood to
OFFICERS include demolition of the existing construction back to the existing structure at each floor.
Renovation design for new work at each floor will include (4) Criminal Courtrooms, (4) Judicial
D. Pearson, PE Suites that will include open offices for support staff, new public restrooms, new lobby and
D. Doyle, PE support utility spaces. PEA's fee is in accordance with Arrington Watkin's Project
Understanding Letter dated 9/12/18.
J. Mostajabi, PE
J. Ruthstrom, PE Scope of Work:
J. Kennelly III, PE 1. It is our understanding this project has an approximately 38week Design and Permitting
Schedule and a 48 week Construction Schedule.
J.M. Pearson, PE 2. This project will be produced in AutoCAD to the 50% submittal phase and then in Revit
B. Willcoxson Jr., PE until completion.
3. Coordination meetings during the design period (See Exhibit A).
4. HVAC calculations.
5. HVAC Schedules, Floor plans, and details.
ASSOCIATES 6. Plumbing design and calculations.
7. Plumbing schedules, floor plans, riser diagrams, and details.
B. Ayersman 8. Circuiting and controls for lighting in all interior spaces.
9. Electrical Calculations
R. D'Andrea, PE 10. Electrical power plans, lighting plans, schedules, one-line diagram, panel schedules, and
R. Newton details.
11. Performance based fire sprinkler specifications for bidding purposes. The installation
M. Olson, FASPE drawings (including detailed piping drawings and calculations) will be a deferred submittal
L. Robertson, ICCEI by the Fire Sprinkler Contractor.
12. Performance based passive network cabling system design (raceway only) and device
C. Seymour, CPD locations per owner's direction for bidding purposes. The installation drawings (including
detailed wiring drawings and calculations) will be a deferred submittal by the Network
R. Winn
Cabling Contractor.
13. The fire alarm system for this level will be updated with new devices complete with the
existing Main Fire Alarm Panel for sub FACPs. Any upgrades required will be discussed
during design. Fire alarm specification will be issued as part of this design package.
14. The AA/ systems for court rooms are designed by others, PEA will provide coordination
and any raceway back bone infrastructure required.
8825 N 23rd Ave 15. Book specifications.
Suite 11 16. Answering RFI's during bidding.
Phoenix, AZ 85021 17. Construction administration services including shop drawing review, answering RFI's and
T. (602) 264-0807 Twelve (12) site observations/meetings during construction. Upon request, additional site
F. (602) 274-7542 observations are offered on an hourly basis at our standard hourly rates below.

rat' PEARSON Re: Central Courts Floor 12 & 13 - Option 3
ENGINEERING Page 2
I ASSOCIATES, INC. September 18, 2018
Client Responsibilities:
The terms and conditions of the contract by the client shall be consistent with the services proposed by PEA. In
addition, the contract shall specifically reference PEA's proposal document and all attachments and shall be made
part of this contract.
Engineering Fee:
Pearson Engineering Associates, Inc. will provide the engineering services listed above and included in Exhibit "A"
for a Lump Sum Fee of One Hundred Fifty-Two Thousand Two Hundred Ten dollars ($152,210). The fee is broken
down by discipline per phase as requested as follows:
Program Concept SDs DDs 50% CD 100% CD Permit Bid CA Total
Mechanical $ 2,197 $ 3,112 $ 8,531 $ 8,531 $ 6,718 $ 6,718 $ 1,391 $ 1,098 $11,258 $ 49,554
Plumbing $ 1,098 $ 2,151 $ 7,643 $ 7,643 $ 5,812 $ 6,773 $ 458 $ 458 $ 3,913 $ 35,949
Electrical $ 6,041 $ 4,613 $ 7,771 $ 7,624 $ 9,849 $10,746 $ 1,208 $ 1,556 $17,299 $ 66,707
Totals $ 9,336 $ 9,876 $23,945 $23,798 $22,379 $24,237 $ 3,057 $ 3,112 $32,470 $152,210
Project Exclusions / Clarifications:
• PEA has not included Civil, Structural or Fire Sprinkler Design.
• PEA has not included LEED Certification Design or Coordination effort.
• Data and telecommunications design.
• PEA has not included special system design (Access Control, Audio/Visual, Security, Cameras, etc.). Court
Room technology hardware or software design. PEA will provide coordination, show device locations, and
provide raceway for use by others.
• PEA has not included Cost estimating.
• Owner changes occurring after the initial program is signed off will be additional service.
• Services not specifically outlined above or in Exhibit A shall not be construed as an obligation of PEA to
provide. Changes in the scope of work or owner requested changes not included in the design services listed
above are considered additional services and will be on an hourly basis at our standard hourly rates below.
Thank you for considering PEA for your engineering needs. If there are any questions regarding the above
proposal or if we can assist in any other matter, please do not hesitate to contact us at our office.
TERMS OF PAYMENT NET 30 DAYS UNLESS OTHERWISE PROVIDED IN THE CONTRACT PEA shall invoice on a Monthly
Basis. Client agrees to pay PEA 's delinquent charges on all amounts past due at the Annual Percentage Rate of 18%. Client agrees to pay PEA 's reasonable
Collection Agency fees. If suit is instituted to collect any past due monies, Client agrees to pay reasonable Attorney fees and Court costs in said suit or
action.
This proposal is valid for thirty (30) days from the date submitted.
Respectfully,
Jeff F. Ruthstrom, P.E.
Executive Vice President
PEARSON ENGINEERING ASSOCIATES, INC.
ACCEPTED:
Signed: Date:
For: Arrington Watkins Architects

PEARSON Re: Central Courts Floor 12 & 13 - Option 3
r ar ENGINEERING Page 3
roar ASSOCIATES, INC. September 18, 2018
EXHIBIT A
CENTRAL COURTS RENOVATION FLOOR 13- OPTION 1
ENGINEERING SERVICES
1. HVAC Construction Document Services
1.1 X Attend 12 meeting(s).
1.2 X Conduct 1 site survey visit(s).
1.3 X Development of final HVAC engineering calculations.
1.4 Development of final HVAC demolition plans.
1.5 X Development of final HVAC floor plans.
1.6 Development of final HVAC piping floor plans
1.7 Development of final flow diagrams.
1.8 X Development of final control diagrams.
1.9 Development of building sections.
1.10 Development of large scale mechanical room plans.
1.11 X Development of HVAC schedules and details.
1.12X Development of final specifications in PDF format.
1.13 Estimate of probable HVAC costs.
1.14 Provide final HVAC equipment catalog cut sheets.
1.15 X Provide progress/coordination drawings in PDF format to the Client.
1.16 X Provide final drawings in PDF format.
1.17X Submission of drawings to Client for reviewing agency review.
1.18 Presentation to owner.
1.19X Respond to reviewing agency comments.
1.20 X Modify final documents to reflect reviewing agency comments.
1.21 Other
2. Plumbing Construction Document Services
2.1 X Attend J2 meeting(s).
2.2 X Conduct 1 site survey visit(s).
2.3 X Development of final engineering calculations
2.4 Development of final plumbing demolition plans.
2.5 X Development of final Waste/vent floor plans.
2.6 X Development of final Water floor plans.
2.7 X Development of final Gas floor plans.
2.8 Development of final Medical Gas floor plans.
2.9 Development of final Vehicle fuel floor plans.
2.10 Development of final Acid waste floor plans.
2.11 X Development of final Compressed Air System floor plans.
2.12 Development of final System Process Water floor plans.
2.13 Development of final Steam floor plans.
2.14 Development of building sections.
2.15 X Development of final waste & vent isometrics.
2.16 Development of final water isometric.
2.17 X Development of plumbing schedules and details.
2.18 X Development of final specifications in PDF Format.
2.19 Estimate of probable plumbing costs.
2.20 X Provide final plumbing equipment catalog cut sheets.
2.21 X Provide progress/coordination drawings in PDF format to Client.
2.22X Provide final drawings in PDF format.
2.23X Submission of drawings in PDF format to the Client for reviewing agency review.
2.24 Presentation to owner.
2.25 X Respond to reviewing agency comments.
2.26 X Modify final documents to reflect reviewing agency comments.
2.27 Other

r i PEARSON Re: Central Courts Floor 12 & 13 - Option 3
ENGINEERING Page 4
Apr/ ASSOCIATES, INC. September 18, 2018
3. Electrical Construction Document Services
3.1 X Attend 12 meeting(s).
3.2 Conduct site survey visit(s).
3.3 X Development of final electrical engineering calculations.
3.4 Development of final electrical demolition plans.
3.5 X Development of final electrical floor plans.
3.6 X Development of final special systems floor plans.
3.7 X Development of area lighting/site plan.
3.8 X Development of final electrical service diagrams.
3.9 X Development of large scale electrical room plans.
3.10 X Development of electrical schedules and details.
3.11 X Development of final specifications in PDF format.
3.12 Estimate of probable electrical costs.
3.13 X Provide final electrical equipment catalog cut sheets.
3.14X Provide progress/coordination drawings in PDF format to the Client.
3.15X Provide final drawings in PDF format.
3.16 X Submission of drawings in PDF format to the Client for reviewing agency review.
3.17 Presentation to owner.
3.18 X Respond to reviewing agency comments.
3.19 X Modify final documents to reflect reviewing agency comments.
3.20 Other
4. HVAC/Plumbinq/Electrical Bidding Services
4.1 Conferences with client/owner.
4.2 Attend pre-bid conference.
4.3 Assist in pre-qualification of bidders.
4.4 Drafting of bid forms.
4.5 X Evaluate substitution requests.
4.6 X Provide clarification of bidding documents (RFI's).
4.7 Provide addenda wording.
4.8 Review bids with client.
4.9 Other
5. HVAC/Plumbinq /Electrical Construction Administration Services
5.1 Attend pre-construction conference.
5.2 Review substitution requests.
5.3 X Review shop drawings, samples, submittals.
5.4 X Review RFI.
5.5 Review ASI.
5.6 X Review change order requests.
5.7 Prepare change order requests.
5.8 X Provide clarifications to Construction documents (RFI's).
5.9 X Attend 6 periodic job progress meetings.
5.10 X Provide 6 construction observations and observation reports.
5.11 Provide Special Electrical Inspections per
Authority Having Jurisdiction requirements.
5.12 Verify and approve monthly progress payments.
5.13 Review electrical tests required by specification.
5.14 Review air balance and performance reports.
5.15X Provide pre-final punch list.
5.16X Provide final punch list.
5.17 Review operation and maintenance manual.
5.18X Modify Construction Documents to reflect record drawing conditions.
5.19 Provide photos during observations.
5.20 Other

PEARSON Re: Central Courts Floor 12 & 13 - Option 3
i ENGINEERING Page 5
ASSOCIATES, INC. September 18, 2018
SCHEDULE OF HOURLY RATES
Principal $ 175.00
Engineer 150.00
Project Manager 130.00
Designer 4 125.00
Designer 3 110.00
Designer 2 90.00
Designer 1 85.00
CADD Drafter 80.00
Clerical 75.00
Construction Observer 130.00
SCHEDULE OF REIMBURSABLE EXPENSES
Printing/Delivery Cost x 1.1
Photography Cost x 1.1
Equipment Rental Cost x 1.1
Long Distance Calls Cost x 1.1
Automobile Travel $0.5751mi1e
Air Travel Cost x 1.1
Lodging and Meals Cost x 1.1
LA2018\1.18-388R/WFAProposal \P18-388R

45-1911/41 07V3t4LmIi'l
719.232.2896 I 10135 Edgemont Ranch Ln I Colorado Springs, CO 80924 --
September 28, 2018
Patte Thornton, AIA
Principal Architect, LEED A.P.
Arrington Watkins Architects
5240 N. 16th St, Suite 101
Phoenix, AZ 85016
Re: Central Court Renovation of Floor2 12 and 13 — Option 3
Dear Patte,
Thank you for allowing Security Design Consulting (SDC) opportunity to provide professional security
electronic systems design services on the Central Courts Building. We are looking forward to working
with you on this project. I am writing this scope of work as I understand it based on the draft scope
letters dated 9/12/2018, you provided and our previous phone conversations. The project as I
understand it is as follows.
Project Understanding
We understand that the County desires a complete renovation to the 12th and 13th floor of the Central
Courts Building. The demolition for this floor will include removing the existing partitions, wall and floor
finishes, ceilings, plumbing fixtures, casework, security electronics equipment, doors and hardware,
down to the existing structure. The Security Electronics Systems will be demolished back to the existing
head end equipment room(s).
The areas that will not require any demolition are the existing core elevators used by staff and public,
the in-custody elevator and the existing exit stairs. The existing security electronics systems
associated to the elevators are to remain and are excluded from our scope of work.
The security electronics design phases will include Schematic Design, Design Development, 50%
Construction Documents, 100% Construction Documents, Permitting, Bidding and Construction
Administration.
The design of the two floors will include, but not be limited to, four criminal courtrooms, four judicial
suites that will include open offices for support staff, new public restrooms, new lobby and support utility
spaces. Relative to this floor and these spaces, we will provide security electronics design of access
control, video surveillance, digital video recording and fixed panic duress systems. The new design will
be fully code compliant.
We understand that the County has asked Arrington Watkins to develop three options for the design
deliverables, and in turn, Arrington Watkins has asked SDC to provide three options for our design
deliverables. Option 3 will be to design Floors 12 and 13 concurrently but permit and construct one floor
at a time. Option 3 will include an early demolition package for Floor 13 while keeping floor 12
operational during the day.
We understand that the project will be a design-bid-build delivery method and that each phase will be
reviewed and signed off by FMD project manager. It is anticipated that the design phase will be
approximately 32 weeks.
Page 1 of 5

4e/UW11 Z6'/O/N. k.,.,--70/%13ULTTIV-Lin
719.232.2896 I 10135 Edgemont Ranch Ln Colorado Springs, CO 80924
This proposal includes security electronics systems design services only.
The meetings proposed in the following scope of work are in-person meetings or WebEx / conference
calls as noted.
Scope of Work (Option 3)
• Task 3A — Programming: (Eight Weeks — not applicable to security electronics design
services)
• Task 3B — Conceptual Design: (Four weeks — not applicable to security electronics
design services)
• Task 3C — Schematic Design (Four weeks — One in-person meetings):
o Kick-off meeting and schematic design discussion:
• One meeting to be attended by architect, MEP, Data/Communications and
special systems engineering team, SDC, Interior and Acoustic engineer. Owner
team attendance coordinated through FMD. SDC to attend any additional
meetings via WebEx.
o Internal design team coordination meetings to be held at AW office. SDC to attend via
WebEx.
o Develop industry standard Schematic Development level documents.
o Deliverables will be PDF's emailed to County for review.
o Owner Review time is expected to be 1 week. Review to lead to one floor plan option
selection.
• Task 3D — Design Development-- (Six weeks — One in-person meeting):
o Owner meeting with review of schematic design resolutions as incorporated into the
design development drawings.
• One meeting to be attended by architect, MEP, Data/Communications and
special systems engineering team, SDC, Interior and Acoustic engineer. Owner
team attendance coordinated through FMD.
o One meeting with owner to discuss preparation of DD level cost estimate. This meeting
will be to insure owner has the information to create a DD estimate; to be attended by
architect, MEP, Data/Communications and special systems engineering team. SDC to
attend via WebEx, if necessary.
o Internal design team coordination meetings to be held at AW office. SDC to attend via
WebEx.
o Develop industry standard Design Development level documents. This includes design
development level specifications.
o Deliverables will be PDF's emailed to County for review.
o Owner Review time is expected to be 1 week.
• Task 3E — Construction Documents 50% Floor 13 (Four weeks — No in-person meetings)
o Owner meeting to confirm incorporation of all owner/user comments. This meeting will
be to insure owner has the information to create a CD estimate; to be attended by
architect, MEP, Data/Communications and special systems engineering team. SDC to
attend via WebEx, if necessary.
o Develop industry standard 50% Construction Document level documents with
specifications.
o Deliverables will be PDF's emailed to County for review and approval.
Page 2 of 5

4
4e,u,TU7II J rg 81. 4,...,01813t4L7:118(C)
719.232.2896 1 10135 Edgemont Ranch Ln 1 Colorado Springs, CO 8092-4
o Owner Review time is expected to be 1 week.
o Demolition package to be submitted for permitting.
• Task 3F — Construction Documents 100% Floor 13 (Four Weeks — No in-person meetings)
o Completion of 100% construction Documents, drawings and specifications.
• Task 3G — Permitting Floor 13 (Six weeks with reviews & permitting)
o Plan review submittal. County Plan Review time is expected to be 2-3 weeks per review.
• Task 3H — Bidding / Negotiating (Four weeks — No in-person meetings) Floor 13
o SDC will provide responds to RFI's during bidding.
• Task 31— Construction Administration (12 Months (est.) — Floor 13
o SDC will perform standard Construction Administration services including responding to
RFI's, reviewing submittals and issuing ASI's.
o SDC will make 1 site visit during the CA phase to conduct a final punch.
o Record drawings are not part of this scope and will be performed by the General
Contractor.
• Task 3J — Construction Documents 50% Floor 12 (Four weeks — No in-person meetings)
o Owner meeting to confirm incorporation of all owner/user comments. This meeting will
be to insure owner has the information to create a CD estimate; to be attended by
architect, MEP, Data/Communications and special systems engineering team. SDC to
attend via WebEx, if necessary.
o Develop industry standard 50% Construction Document level documents with
specifications.
o Deliverables will be PDF's emailed to County for review and approval.
o Owner Review time is expected to be 1 week.
o Demolition package to be submitted for permitting.
• Task 3K — Construction Documents 100% Floor 12 (Four Weeks — No in-person meetings)
o Completion of 100% construction Documents, drawings and specifications.
• Task 3L — Permitting Floor 12 (Six weeks with reviews & permitting)
o Plan review submittal. County Plan Review time is expected to be 2-3 weeks per review.
• Task 3M — Bidding / Negotiating (Four weeks — No in-person meetings) Floor 12
o SDC will provide responds to RFI's during bidding.
• Task 3N — Construction Administration (12 Months (est.) — Floor 12
o SDC will perform standard Construction Administration services including responding to
RFI's, reviewing submittals and issuing ASI's.
o SDC will make 1 site visit during the CA phase to conduct a final punch.
o Record drawings are not part of this scope and will be performed by the General
Contractor.
Page 3 of 5

.1'01 fa..."01‘15 ULTTIV.itl
719.232.2896 I 10135 Edgemont Ranch Ln I Colorado Springs, CO 80924
Fees
Our lump sum Security Electronics Design Fee associated with the above services is $53,820, which
excludes expenses for site visits. All expenses incurred on the project for site visits will be submitted to
Arrington Watkins with receipts for reimbursement at actual cost. As noted above, we will participate in
(2) site visits during design and (2) site visits during construction.
The breakout of fees per phase is as follows:
Task 3A — Programming = N/A
Task 3B — Conceptual Design = N/A
Task 3C — Schematic Design = $7,800
Task 3D— Design Development It _. 1= $11,700
Task 3E — Construction Documents 50% = $3,900
Task 3F — Construction Documents 100% = $3,900
Task 3G — Permitting = N/A
Task 31— Construction Administration = $7,800
Task 3J — Construction Documents 50% = $3,900
Task 3K — Construction Documents 100% = $3,900
Task 3L — Permitting = N/A
Task 3N — Construction Administration = $7,800
The per trip breakout of anticipated expenses are as follows:
Flight: $500
Room: $150 per night at 3 nights = $450
Food: $50 per day at 3 days = $150
Rental Car: $75 per day at 3 days = $225
Rental Fuel: $25
Airport Parking: $10 per day at 3 days = $30
TOTAL PER TRIP EXPENSES: $1,380
TOTAL ANTICIPATED EXPENSES: $1,380 at 4 trips = $5,520
My billable rate for services for all phases of work and additional services is $195 per hour.
Misc.
Services excluded from this proposal and anticipated to be provided by others:
• Electrical power and power distribution verification, design and engineering
• Uninterruptible Power Supply (UPS) sizing and distribution verification, design and engineering
• HVAC verification, design and engineering that may be necessary on the project
• Incorporating as-built revisions to post design construction drawings, to include CA
modifications and as-built markups during construction
Page 4 of 5

45.1'91V. OINCSuLTIlkici
719.232.2896 I 10135 Edgemont Ranch Ln I Colorado Springs, CO 80924
Services excluded from this proposal but available for additional services:
• Creation of Record Drawings
• Post Occupancy Evaluation
• Fast-Track Design Services
It is expected that Arrington Watkins will provide the following:
• Central Courts as-built pdfs and dwg files
• Accurate and up to date Revit Model of the areas being remodeled
• County Standards for Design and Construction of New Facilities
• County will coordinate with their vendor on special courts equipment final design and
installation.
Security Design Consulting, LLC Arrington Watkins Architects, LLC
Timothy Lance Timmsen / President
(Printed Name / Title) (Printed Name / Title)
(Signature) (Signature)
(Date) (Date)
Page 5 of 5

David A Conant, FASA
K Anthony Hoover, FASA
Randal B Willis P.E.
McKAY :',ONANT HOOVER INC Kyle M Ridenour
Acoustics and Media Systems (..;onsultmts
October 1, 2018
Patte Thornton, Principal
Arrington Watkins
5240 North 16 th Street
Suite 101
Phoenix, AZ 85016
Subject: Proposal for Acoustical Consulting Services
Maricopa County Central Court, Renovation of Floor 12 & 13
Central Court Building, 201 West Jefferson Street, Phoenix, AZ 85003
MCH Proposal No. 180917 R1 B/0
Dear Patte,
Pursuant to your request, we are pleased to offer our revised proposal for acoustical design services
for the Maricopa County Central Courts. We base this proposal on the review of the scope of the
project, our telephone and email conversations with you, and our experience with many very
similar projects. The following letter sections describe the Method, Scope and Cost of our proposed
acoustical consulting services.
A. METHOD
General
We understand that both the 12t h and 13th floors are being renovated and will incorporate
four criminal courtrooms, four judicial suites, open offices, public restrooms, a new lobby,
and support utility spaces. The renovation will include demolition of all existing partitions,
MEP equipment back to riser location, and the spaces in question will be stripped down to
the structure. We understand that of the three options, Option 3 has been selected and
altered, so we expect our scope will only include the design of Floor 13. We recognize that
ultimately at least two floors will be renovated, and feel obligated to point out that both
Floors 12 and 13 will likely need individual acoustical attention.
• Option 3: Design of Floor 13 will be completed, however not concurrently with
Floor 12 which will be designed at a later time. After which, CD, permitting,
bidding, and CD will take place.
0. 5655 Lindero Canyon Road Suite 325 Westlake Village CA 91362 818 991 9300 FAX 818 991 2324 wWW.MCHinc.com
3961 North 75th Street Scottsdale AZ 85251 480 947 3335 FAX 480 947 3416 info@ivICHinc,com

Maricopa County Central Court Renovations
Arrington Watkins Architects
17 September 2018
Personnel
The following lead individuals at MCH, who have considerable and demonstrated
experience with this building type, will be responsible for the described scope:
a. K. Anthony Hoover, FASA Principal-in-Charge
b. Taylor Blaine, ASA Acoustical Consultant
c. Zachery L'Italien Acoustical Consultant
Schedule
We have not received definitive deadlines for the subject project, but we fully expect our
involvement to begin in November. We anticipate our involvement to include Design
Development and 50% Construction Documents for Floor 13 only.
Phase Respective Durations
Programming N/A
Conceptual Design N/A
Schematic Design N/A
Design Development 6 Weeks
50% Construction Docs 4 Weeks
100% Construction Docs N/A
Permitting N/A
Bidding N/A
Construction Admin N/A
If the overall schedule becomes significantly shorter or longer, we may need to reconsider
our scope and fee.
Acoustical Services
We will provide comprehensive acoustical consulting services for the renovations at the
Maricopa County Central Court as described above. Acoustical consulting services will
address the important aspects of room acoustics, sound isolation, and building systems noise
and vibration control. Our acoustical work comes in letter and sketch form as we help
coordinate and integrate planning and design issues with the goal of meeting suitable
acoustic environments for judicial spaces. We will provide recommendations in
telecommunications, rough sketches and drawing mark-ups, letter reports, and draft
specification language suitable for incorporation into designs and construction documents
by you and your engineers. We will not prepare acoustical contract documents ourselves
other than architectural and mechanical guide specification language where they seem
appropriate.
Page 2

Maricopa County Central Court Renovations
Arrington Watkins Architects
17 September 2018
B. SCOPE OF SERVICES - by this reference, "Scope" shall also include Sections A and C in their
entirety. These sections shall therefore not be separated or omitted in final contract language from
the intended full Scope of Services for the shown fee.
We understand that our involvement will only include Floor 13. We have not budgeted for
any design exercises of Floor 12. If design exercises for Floor 12 are required, we would
consider this work to be Additional Services.
1. General
Our input will cover all aspects of room acoustics, sound isolation, and building systems
noise and vibration control.
Room Acoustics
We will offer guidance on the types and locations of finish materials to create
suitable acoustical environments, with particular focus on speech intelligibility in
important judicial spaces (e.g. Criminal Courtrooms, Judicial Suites). We will work
closely with you and other design team members to integrate architecture with
acoustics.
Sound Isolation
We will recommend construction systems and methods necessary to provide
suitable speech privacy and appropriate sound isolation from other interior building
noise sources.
Building Systems Noise & Vibration Control
We will provide recommendations for noise and vibration control for HVAC,
plumbing, and electrical systems, as they might impact noise-sensitive spaces. We
will provide guidance with basic systems planning and component selection and
offer detailed procedures for systems layouts and sizing. This will include our
General Guidelines for Noise and Vibration Control of Mechanical, Plumbing, and
Electrical Systems, customized for the project. This is an approximately 15+ page
document establishing the background noise criterion for each important space and
includes general and specific guidance plus recommended, generic details.
We expect that the mechanical engineer will be attentive to our M.E.P. Guidelines
in adjacency planning, location of mechanical equipment, etc. We further presume
that use of internal duct liner is permissible and that air handling units will be
provided with inlet and discharge duct silencers.
Page 3

Maricopa County Central Court Renovations
Arrington Watkins Architects
17 September 2018
2. Design Development Phase
a) We will provide acoustical recommendations for inclusion in the Design
Development Documents as prepared by the rest of the design team. This work
may be presented in letter reports, drawing markups, sketches and draft
specification language concerning acoustics.
b) This work will include specifically the following:
• Planning of room and circulation relationships regarding sound isolation.
• Selection and beginning detailing of building construction systems for sound
isolation.
• Assistance with system type selections and sizes and location of major
components for noise and vibration control in HVAC, plumbing, electrical and
building transportation systems.
• Assistance with interior designs and material selections for all MOMS with
controlled acoustic environments.
• Coordination with other disciplines.
c) We will attend up to one (1) meeting at your office in Phoenix, AZ during Design
Development to review and discuss acoustical issues.
d) We will review one (1) set of Design Development Documents at approximately
the 50% milestone, to help assure proper inclusion of our recommendations. A
letter of comments and/or corrections will be provided following this review.
Leading to this review, we expect to engage in discussions and interim progress
reviews of on-going work by other team members.
3. Construction Documents
a) We will perform final reviews and continue to provide acoustical
recommendations in the form of analyses, details, selections and draft
specifications as appropriate to be included in the Contract Documents by
others. This work will be presented in letter reports and markups of documents
provided by others.
b) This work will specifically include the following:
• Final room detailing and materials re: room acoustic environments.
• Final floor, wall, roof, door, window and service penetration
recommendations re: sound isolation.
• Final M.E.P. specification review as well as duct sizing re: noise limits and
criteria.
Page 4

Maricopa County Central Court Renovations
Arrington Watkins Architects
17 September 2018
• Scheduling assistance for vibration isolators, duct silencers, linings, louvers,
etc.
• Coordination with other disciplines.
c) We will review up to two (1) sets of Construction Documents at approximately
the 50% milestone to help assure proper inclusion of our recommendations. A
letter of comments and/or corrections will be provided following these reviews.
Leading to this review, of course, we will engage in discussions and interim
progress reviews of on-going work by other team members.
C. NOTES AND EXCLUSIONS
1. We plan to review up to two (2) drawing sets (approximately 50% DD and 50% CD)
in PDF format.
2. We plan to attend up to (1) out of office meetings during design. At least two (1) out
of office trips may be expected by the principal-in-charge from our Westlake Village,
CA office.
3. We are not budgeting for studies concerning construction noise impact or mitigation.
4. We have not budgeted for tours of other courtroom facilities. If our presence is required
at other facilities, our attendance would be considered as Additional Services.
5. We have budgeted for limited, but effective, technical interaction with building
stakeholders or other consultants on technical matters. However, we have not
budgeted for letter reports justifying our calculation procedures or providing "tutorials",
as sometimes happens on these types for projects.
6. MCH presumes that its work and recommendations will be accurately and faithfully
incorporated into the Construction Documents by others inasmuch as we, as acoustical
consultants, do not control them.
7. We recognize that the design process is a fluid, evolving process and we expect to be
involved in directing fiscally prudent design and materials and equipment selections. If
we are requested to provide re-design after our design is approved, due to events beyond
our control (change in overall project budget, changes based on owner/operator
requests, etc.) we would be pleased to comply on an additional services basis, either
hourly or for a negotiated fee if requested.
8. We have not budgeted for expert witnessing of laboratory or field tests on equipment
that may have to meet specific acoustical requirements of this project prior to their
Page 5

Maricopa County Central Court Renovations
Arrington Watkins Architects
17 September 2018
installation. Acoustical specifications may require such confirmation by vendors during
the submittal process for especially noisy equipment that has not met specific noise
emissions requirement of ASTM or standards.
9. We have not budgeted for Value Engineering services or the like at this time.
10. We acknowledge the presence of rooftop mechanical equipment that may or may not
peimit achieving background levels in courtrooms below, although we will strive as best
possible within practical parameters.
11. In order that we may provide timely comprehensive advice and recommendations on
all its projects, MCH respectfully requests that RFIs and questions arrive in a
considered and collected form insofar as possible, as opposed to multiple and varied
queries.
12. At this time we understand that LEED is not intended, and therefore not included
within our current scope. If specific LEED exercises, such as documentation or
calculation, are desired, these can be offered as Additional Services.
13. Our work in building vibration is limited to that induced by mechanical and electrical
equipment. Structural vibration and associated noises due to vibration such as low
frequency footfall-induced noise, for example, must remain in the purview of the project
structural engineer or structural dynamicist.
14. We have not budgeted for the review of any (if any) environmental noise impacts to or
from the project, to include noise emissions to other buildings or spaces.
15. We expect to receive without unnecessary delays, copies of the work of other design
team members whose work could influence ours. Delays by others may require that
we evaluate only the materials that are available within a time frame and perhaps
cutoff date that allows us sufficient time to perform our work and analyses; review of
subsequent receipt of tardy materials will be considered Additional Services, and can
be offered on a per diem basis. Furthermore, our work will be based on received
information.
16. Services beyond those identified above are considered Additional Services and will be
billed on a time and material basis in accordance with the attached MCH Standard
Terms and Conditions.
Page 6

Maricopa County Central Court Renovations
Arrington Watkins Architects
17 September 2018
D. COST OF CONSULTING SERVICES
MCH professional fees are based on the number of hours worked on a project and our
services and payment schedule are subject to the Standard Terms and Conditions enclosed
that are deemed an integral part of this Agreement. We have carefully considered the
extent of services that this project requires, balanced that with our experience with similar
projects, and expect the following approximate fee breakdown by phase. Please note that
the breakdowns shown by phase are advisory only and that the actual time and expenses
incurred will develop naturally as the needs arise and will be billed accordingly as identified
in the attached MCH Standard Terms and Conditions which are viewed as an integral part
of this proposal. Unless explicitly agreed upon during final contract negotiations with
MCH, we must reserve the right to carry forward into future phases, monies unexpended
in prior phases.
Fees for Acoustical Services, by Task for Basic Services:
Option 3: Floor 13 Design and Construction Administration to be followed by
Floor 12
3A/3B Programming (SL Conceptual Design N/A
3C Schematic Design (Floor 13 only) N/A
3D Design Development (Floor 13 only) $12,500
3E Construction Documents 50% Fl. 13 $ 8,200
3F Construction Documents 100% Fl. 13 N/A
30 Permitting Fl. 13 N/A
3H Bidding/Negotiation Fl. 13 N/A
31 Construction Administration Fl. 13 N/A
3J Construction Documents 50% Fl. 12 N/A
3K Construction Documents 100% Fl. 12 N/A
3L Peimitting Fl. 12 N/A
3M Bidding/Negotiation Fl. 12 N/A
3N Construction Administration Fl. 12 N/A
Total 20, 700
We would not exceed the shown fee ranges without your prior authorization and would be working
toward these fees at the hourly rates indicated in the MCH Standard Terms and Conditions,
enclosed.
We will bill actual reimbursable expenses in addition to the shown fees above at cost without
markup.
Page 7

Maricopa County Central Court Renovations
Arrington Watkins Architects
17 September 2018
If this proposal is acceptable as written, please sign and return one copy to serve as authorization
or we will be pleased to sign a contract in another form but with similar provisions. Different or
additional teims contained in contractual documents supplied by the client shall not apply unless
modified by terms mutually agreeable to client and MCH. If you have any questions or if you feel
we have missed the mark on some issue within the scope or fee, please call.
Sincerely,
McKAY CONANT HOOVER INC
Zachery L'Italien
Acoustical Consultant
Enclosures: MCH Standard Terms and Conditions
cc: Taylor Blaine, ASA / MCH
Tony Hoover, FASA, INCE Bd. Cert. / MCH
David A. Conant, FASA / MCH
MCH Proposal No. 18-09-17 R1 B/O ACCEPTED by Arrington Watkins with ENCLOSURE
Signature:
Title:
Date:
Page 8

STANDARD TERMS & CONDITIONS GOVERNING
McKAY CONANT HOOVER INC PROFESSIONAL SERVICES
A. Work-Cost Agreements
1. McKay Conant Hoover Inc (MCH) will provide the type and scope of services described for the fixed-price
professional fee stated. Reimbursable expenses are additional butlYICH will make every effort to hold these
within the budget stated, if any, however MCH is not responsible for changes in the pricing structure of
reimbursables such as services provided by others including airlines and mail carriers.
2. MCH reserves the right to request an increase in the fixed fee if the project's scope increases or schedule
extends materially. A prompt response to such a request will be expected.
B. Charges
1. MCH will charge hourly fees according to this schedule: Principals, Associate Principals, Supervisory
Consultants and Professional Affiliates $95 to $185, Senior Consultants $85 to $,135, Associate
Consultants, Consultants and Staff Assistants, $60 to $110. Time spent in travel during normal business
hours will be charged as time worked. MCH reserves the right to change its hourly rates.
2. MCH will charge for expenses at cost plus 0%. Reimbursable expenses include travel, subsistence, printing,
large format plotting, overnight mail, subconsultant services, special supplies or materials,
telecommunications and instruments.
3. Invoicing will be monthly in our standard format. Upon request, MCH will create a different project-
specific foiiiiat one (1) time without charge. MCH reserves the right to charge for further changes,
including back-changes and additional account handling, on a T6z1v1 basis.
C. Payments
Invoices will be submitted monthly and be payable in United States dollars within 60 days. Invoiced amounts
unpaid after ninety (90) days beyond invoice date shall be grounds for MCH to stop project work and apprise the
owner of same, without penalty, until the agreed payment schedule is resumed. Unpaid invoicesolder than 120 days
are subject to interest charges at prevailing rates.
D. Insurance
MCH carries comprehensive general liability insurance with a limit of $2,000,000 and worker's compensation
insurance to the limits required by the State of California.
E. Liability
No warranties, express or implied, including the warranties of merchantability and fitness for a particular purpose,
are made by MCH. MCH will not be liable for any special, incidental or consequential damages.
F. Unforeseen Circumstances
MCH will not be in default of its obligations to the extent that its performance is delayed or prevented by causes
beyond its control, including but not limited to acts of God, delays in delivery by vendors, or other consultants, and
strikes or other labor disturbances.
G. Announcements
Use of MCH's name in any announcements concerning the project for which MCH's services are performed, for
promotional or advertising purposes, or in litigation with third parties, will require the prior written approval of
MCH.
H. Termination
Either party may terminate this agreement at any time by written notice of the other. Such notice is effective upon
receipt. In the event of such termination, MCI will be paid in accordance with this agreement for the services
rendered and expenses incurred or committed to prior to the effective date of notice of termination.
Ownership
Designs, ideas, concepts, calculations and documents developed during the course of the project will remain the
property of MCH.
J. General
This agreement constitutes the entire agreement between parties with respect to the subject matter hereof and
supercedes all prior agreements, whether oral or written, between the parties with respect to such subject matter.
Different or additional terms contained in documents supplied by client shall not apply. This agreement may be
modified only by written agreement of client and MCH and is binding upon their respective successors and assigns.
FOGA/FixedFee/2011

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11/01/2018 02/01/2019 05/01/2019 08/01/2019 11/01/2019 02/01/2020 05/01/2010 08/01/2020 08/01/2020 11/01/2021/ 01/02/2021 03/02/2021 06/03/2021
DATE
BILLING 70,912.00 202,028.50 75,381.00 27,136.25 27,136.25 27,136.25 27,136.25 85,192.00 16,526.50 27,136.25 27,136.25 27,136.25 27,136.25 667,130.00
QUARTERLY
$ $ $ $ $ $ $ $ $ $ $ $ $ $
31,504.00 39,408.00 53,977.00 91,218.00 56,833.50 58,854.50 12,116.50 4,410.00 27,136.25 27,136.25 27,136.25 27,136.25 39,933.50 45,258.50 12,116.50 4,410.00 27,136.25 27,136.25 27,136.25 27,136.25 667,130.00
FEE
TOTAL $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
- - - 12,500.00 8,200.00 - - - - - - - - - - - - - - 20,700.00
Acoustics
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
- - 7,800.00 11,700.00 3,900.00 3,900.00 - - 1,950.00 1,950.00 1,950.00 1,950.00 3,900.00 3,900.00 - 1,950.00 1,950.00 1,950.00 1,950.00 50,700.00
Security
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
9,336.00 9,876.00 23,945.00 23,798.00 11,189.50 12,118.50 1,528.50 1,556.00 4,058.75 4,058.75 4,058.75 4,058.75 11,189.50 12,118.50 1,528.50 1,556.00 4,058.75 4,058.75 4,058.75 4,058.75 152,210.00
Pearson
RENOVATION $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
22,168.00 29,532.00 22,232.00 43,220.00 33,544.00 42,836.00 10,588.00 2,854.00 21,127.50 21,127.50 21,127.50 21,127.50 24,844.00 29,240.00 10,588.00 2,854.00 21,127.50 21,127.50 21,127.50 21,127.50 443,520.00 05/01/2019
COURT
AW $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ -
CENTRAL FLOOR 13/12 13/12 13/12 13/12 13 13 13 13 13 13 13 13 12 12 12 12 12 12 12 12 02/01/2019 schedule
this
BILLING- in
Documents Documents Documents Documents -$5,000.00 projected
QUARTLY Administration Administration Administration Administration Administration Administration Administration Administration not
OF Design Design Development Negotiation Negotiation FEE allowance
Construction Construction Construction Construction DESIGN
PROJECTION Programming Conceptual Schematic Permitting & Construction Construction Construction Construction Permitting & Construction Construction Construction Construction Structural Reimburseables
PHASE Design 50% 100% Bidding 50% 100% Bidding TOTAL

- - - - - - - - -
Acoustics 12,500.00 8,200.00 20,700.00
MCH $ $ $ $ $ $ $ $ $ $ $ $ $ $
- - 7,800.00 11,700.00 3,900.00 3,900.00 - 7,800.00 3,900.00 3,900.00 - - 7,800.00 50,700.00 5,520.00
Design
Security
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
Fee 9,300.00 9,870.00 23,940.00 23,800.00 11,155.00 12,190.00 1,530.00 1,550.00 16,275.00 11,155.00 12,190.00 1,530.00 1,550.00 16,175.00 152,210.00 500.00
Eng.
Pearson
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
22,168.00 29,532.00 22,232.00 43,220.00 33,544.00 42,836.00 10,588.00 2,854.00 84,510.00 24,844.00 29,240.00 10,588.00 2,854.00 84,510.00 443,520.00 1,200.00
Fee
AW $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
31,468.00 39,402.00 53,972.00 91,220.00 56,799.00 58,926.00 12,118.00 4,404.00 108,585.00 39,899.00 45,330.00 12,118.00 4,404.00 108,485.00 667,130.00 5,000.00 7,220.00 679,350.00
10/01/2018 Total
Phase $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
13 13 12 13
13 FL. FL. 13 FL. FL. 12
13 13 & Fl. Fl.
& & 12 Documents 13 Documents 12
13 12 12 FL. Documents Fl. Documents Fl.
RENOVATION & FL. FL. Administration Administration Amount
12
FL. Design Design Development 13 Negotiating 12 Negotiating Allowance
Construction Construction Fl. Construction Construction Fl. Contract
COURTS & & Fees Reimburseables
Programming Conceptual Schematic Permitting Construction Permitting Construction Structural
Design 50% 100% Bidding 50% 100% Bidding Total
CENTRAL
Professional
1A 1B 1C 1D 1E 1F 1G 1H 11 1J 1K 1L 1M 1N
SUMMARY Task Task Task Task Task Task Task Task Task Task Task Task Task Task Total
FEE

ARCHITECTURAL FEE PROPOSAL
CLIENT: Maricopa County DATE: September 27, 2018
PROJECT: Maricopa County Central Courts Renovation - Floors 12 & 13 AW NO. 2018.08
Item Hours Rate Fee Totals Weeks Hrs/Wk Trips
TASK 1A - PROGRAMMING - Floors 12 & 13
Principal Architect 4 $ 192.00 $ 768.00 8 0.5
Project Manager 40 $ 183.00 $ 7,320.00 8 5.0
Architect/Spec Writer 0 $ 122.00 8 0.0
Project Coordinator 80 $ 112.00 $ 8,960.00 8 10.0
BIM Modeler 40 $ 89.00 $ 3,560.00 8 5.0
Admin 20 $ 78.00 $ 1,560.00 8 2.5
Subtotal 184 $ 22,168.00
TASK 18 - CONCEPUTAL DESIGN - Floors 12 & 13 2
Principal Architect 8 $ 192.00 $ 1,536.00 4 2.0
Project Manager 60 $ 183.00 $ 10,980.00 4 15.0
Architect/Spec Writer 0 $ 122.00 4 0.0
Project Coordinator 80 $ 112.00 $ 8,960.00 4 20.0
BIM Modeler 80 $ 89.00 $ 7,120.00 4 20.0
Admin 12 $ 78.00 936.00 4 3.0
Subtotal 240 $ 29,532.00
TASK 1C - SCHEMATIC DESIGN - Floors 12 & 13 2
Principal Architect 8 $ 192.00 $ 1,536.00 4 2.0
Project Manager 32 $ 183.00 $ 5,856.00 4 8.0
Architect/Spec Writer 10 $ 122.00 $ 1,220.00 4 2.5
Project Coordinator 60 $ 112.00 $ 6,720.00 4 15.0
BIM Modeler 60 $ 89.00 $ 5,340.00 4 15.0
Admin 20 $ 78.00 $ 1,560.00 4 5.0
Subtotal 190 $ 22,232.00
TASK 1D - DESIGN DEVELOPMENT - Floors 12 & 13 4
Principal Architect 12 $ 192.00 $ 2,304.00 4 3.0
Project Manager 60 $ 183.00 $ 10,980.00 4 15.0
Architect/Spec Writer 40 $ 122.00 $ 4,880.00 4 10.0
Project Coordinator 120 $ 112.00 $ 13,440.00 4 30.0
BIM Modeler 120 $ 89.00 $ 10,680.00 4 30.0
Admin 12 $ 78.00 936.00 4 3.0
Subtotal 364 $ 43,220.00
TASK 1 E - 50% CONSTRUCTION DOCUMENTS - Floor 13 3
Principal Architect 6 $ 192.00 $ 1,152.00 4 1.5
Project Manager 40 $ 183.00 $ 7,320.00 4 10.0
Architect/Spec Writer 40 $ 122.00 $ 4,880.00 4 10.0
Project Coordinator 100 $ 112.00 $ 11,200.00 4 25.0
BIM Modeler 80 $ 89.00 $ 7,120.00 4 20.0
Admin 24 $ 78.00 $ 1,872.00 4 6.0
Subtotal 290 $ 33,544.00
TASK IF - 100% CONSTRUCTION DOCUMENTS - Floor 13 0
Principal Architect 12 $ 192.00 $ 2,304.00 4 3.0
Project Manager 60 $ 183.00 $ 10,980.00 4 15.0
Architect/Spec Writer 40 $ 122.00 $ 4,880.00 4 10.0
Project Coordinator 140 $ 112.00 $ 15,680.00 4 35.0
BIM Modeler 80 $ 89.00 $ 7,120.00 4 20.0
Admin 24 $ 78.00 $ 1,872.00 4 6.0
Subtotal 356 $ 42,836.00
TASK 1G - PERMITTING - Floor 13 2
Principal Architect 2 $ 192.00 384.00 6 0.3
Project Manager 16 $ 183.00 $ 2,928.00 6 2.7
Architect/Spec Writer 8 $ 122.00 976.00 6 1.3
Project Coordinator 32 $ 112.00 $ 3,584.00 6 5.3
BIM Modeler 20 $ 89.00 $ 1,780.00 6 3.3
Admin 12 $ 78.00 936.00 6 2.0
Subtotal 90 $ 10,588.00
TASK 1H - BIDDING! NEGOTIATING - Floor 13 1
Principal Architect 2 $ 192.00 384.00 6 0.3
Project Manager 2 $ 183.00 366.00 6 0.3
Architect/Spec Writer 0 $ 122.00 6 0.0
Project Coordinator 16 $ 112.00 $ 1,792.00 6 2.7
BIM Modeler 0 $ 89.00 - 6 0.0
Admin 4 $ 78.00 $ 312.00 6 0.7
Subtotal 24 $ 2,854.00

TASK 11- CONSTRUCTION ADMINISTRATION - Floor 13 50
Principal Architect 20 $ 192.00 $ 3,840.00 52 0.4
Project Manager 90 $ 183.00 $ 16,470.00 52 1.7
Architect/Spec Writer 0 $ 122.00 52 0.0
Project Coordinator 440 $ 112.00 $ 49,280.00 52 8.5
BIM Modeler 80 $ 89.00 $ 7,120.00 52 1.5
Admin 100 $ 78.00 $ 7,800.00 52 1.9
Subtotal 730 $ 84,510.00
TASK 1 - 50% CONSTRUCTION DOCUMENTS - Floor 12 1
Principal Architect 6 $ 192.00 $ 1,152.00 2 3.0
Project Manager 40 $ 183.00 $ 7,32000 2 20.0
Architect/Spec Writer 20 $ 122.00 $ 2,440.00 2 10.0
Project Coordinator 60 $ 112.00 $ 6,720,00 2 30.0
BIM Modeler 60 $ 89.00 $ 5,340.00 2 30.0
Admin 24 $ 78.00 $ 1,872.00 2 12.0
Subtotal 210 $ 24,844.00
TASK 1K - 100% CONSTRUCTION DOCUMENTS - Floor 12
Principal Architect 12 $ 192.00 $ 2,304.00 4 3.0
Project Manager 40 $ 183.00 $ 7,320.00 4 10.0
Architect/Spec Writer 40 $ 122.00 $ 4,880.00 4 10.0
Project Coordinator 64 $ 112.00 $ 7,168.00 4 16.0
BIM Modeler 64 $ 89.00 $ 5,696.00 4 16.0
Admin 24 $ 78.00 $ 1,872.00 4 6.0
Subtotal 244 $ 29,240.00
TASK 1L - PERMITTING - Floor 12 2
Principal Architect 2 $ 192.00 384.00 6 0.3
Project Manager 16 $ 183.00 $ 2,928.00 6 2.7
Architect/Spec Writer 8 $ 122.00 976.00 6 1.3
Project Coordinator 32 $ 112.00 $ 3,584.00 6 5.3
BIM Modeler 20 $ 89.00 $ 1,780.00 6 3.3
Admin 12 $ 78.00 936.00 6 2.0
Subtotal 90 $ 10,588.00
TASK 1M - BIDDING! NEGOTIATING - Floor 12 1
Principal Architect 2 $ 192.00 384.00 6 0.3
Project Manager 2 $ 183.00 $ 366.00 6 0.3
Architect/Spec Writer 0 $ 122.00 6 0.0
Project Coordinator 16 $ 112.00 $ 1,792.00 6 2.7
BIM Modeler 0 $ 89.00 6 0.0
Admin 4 $ 78.00 $ 312.00 6 0.7
Subtotal 24 2,854.00
TASK IN - CONSTRUCTION ADMINISTRATION - Floor 12 48
Principal Architect 20 $ 192.00 $ 3,840.00 52 0.4
Project Manager 90 $ 183.00 $ 16,470.00 52 1.7
Architect/Spec Writer 0 $ 122.00 52 0.0
Project Coordinator 440 $ 112.00 $ 49,280.00 52 8.5
BIM Modeler 80 $ 89.00 $ 7,120.00 52 1.5
Admin 100 $ 78.00 $ 7,800.00 52 1.9
Subtotal 730 $ 84,510.00
162 125
TOTAL ARRINGTON WATKINS ARCHITECTS: $ 443,520.00
Structural (allowance) 5,000.00
TOTAL FEE THIS PROPOSAL: $ 448,520.00
ESTIMATED REIMBURSABLE EXPENSES $1,200.00
TOTAL FEE AND REIMBURSABLES 449,720.00
Hourly Rates for Additional Services
Principal Architect $ 192.00
Project Director $ 183.00
Project Manager $ 183,00
Architect/Spec Writer $ 122.00
Project Coordinator $ 112.00
BIM Modeler $ 89.00
Admin $ 78.00

MEP FEE PROPOSAL
CLIENT: Maricopa County DATE: Sept 27, 2018
PROJECT: Maricopa County Central Courts Renovation - Floors 12 & 13
Item Hours Rate Fee Totals Weeks
TASK 1A - PROGRAMMING - Floors 12 & 13
Mechanical Engineer 17 $150 2,550.00 8
Mechanical Designer 10 $125 1,250.00 8
Mechanical CAD $80 - 8
Electrical Engineer 20 $150 3,000.00 8
Electrical Designer 20 $125 2,500.00 8
Electrical CAD $80 8
Subtotal $ 9,300.00
TASK 1B - CONCEPUTAL DESIGN - Floors 12 & 13
Mechanical Engineer 12 $150 $ 1,800.00 4
Mechanical Designer 22 $125 $ 2,750.00 4
Mechanical CAD 10 $80 $ 800.00 4
Electrical Engineer 12 $150 $ 1,800.00 4
Electrical Designer 16 $125 $ 2,000.00 4
Electrical CAD 9 $80 $ 720.00 4
Subtotal 81 $ 9,870.00
TASK 1C - SCHEMATIC DESIGN - Floors 12 & 13
Mechanical Engineer 20 $150 $ 3,000.00 4
Mechanical Designer 80 $125 $ 10,000.00 4
Mechanical CAD 40 $80 $ 3,200.00 4
Electrical Engineer 12 $150 $ 1,800.00 4
Electrical Designer 36 $125 $ 4,500.00 4
Electrical CAD 18 $80 $ 1,440.00 4
Subtotal 206 $ 23,940.00
TASK 1D - DESIGN DEVELOPMENT - Floors 12 & 13
Mechanical Engineer 20 $150 $ 3,000.00 4
Mechanical Designer 80 $125 $ 10,000.00 4
Mechanical CAD 40 $80 $ 3,200.00 4
Electrical Engineer 10 $150 $ 1,500.00 4
Electrical Designer 36 $125 $ 4,500.00 4
Electrical CAD 20 $80 $ 1,600.00 4
Subtotal 206 $ 23,800.00
TASK lE - 50% CONSTRUCTION DOCUMENTS - Floor 13
Mechanical Engineer 10 $150 1,500.00 4
Mechanical Designer 29 $125 3,625.00 4
Mechanical CAD 14 $80 1,120.00 4
Electrical Engineer 8 $150 1,200.00 4
Electrical Designer 22 $125 2,750.00 4
Electrical CAD 12 $80 960.00 4
Subtotal 95 $ 11,155.00
TASK IF - 100% CONSTRUCTION DOCUMENTS - Floor 13
Mechanical Engineer 10 $150 1,500.00 4
Mechanical Designer 35 $125 4,375.00 4
Mechanical CAD 17 $80 1,360.00 4
Electrical Engineer 8 $150 1,200.00 4
Electrical Designer 23 $125 2,875.00 4
Electrical CAD 11 $80 880.00 4
Subtotal 104 $ 12,190.00
TASK 1G - PERMITTING - Floor 13
Mechanical Engineer 1 $150 150.00 6
Mechanical Designer 3 $125 375.00 6
Mechanical CAD 3 $80 240.00 6
Electrical Engineer 1 $150 150.00 6
Electrical Designer 3 $125 375.00 6
Electrical CAD 3 $80 240.00 6

Subtotal 14 $ 1,530.00
TASK 1H - BIDDING! NEGOTIATING - Floor 13
Mechanical Engineer 1 $150 $ 150.00 6
Mechanical Designer 5 $125 $ 625.00 6
Mechanical CAD $80 $ 6
Electrical Engineer 1 $150 $ 150.00 6
Electrical Designer 5 $125 $ 625.00 6
Electrical CAD $80 $ 6
Subtotal 12 $ 1,550.00
TASK 1I - CONSTRUCTION ADMINISTRATION - Floor 12
Mechanical Engineer $ $150 $ 1,200.00 52
Mechanical Designer 55 $125 $ 6,875.00 52
Mechanical CAD $80 $ _ 52
Electrical Engineer 9 $150 $ 1,200.00 52
Electrical Designer 56 $125 $ 7,000.00 52
Electrical CAD $80 $ _ 52
Subtotal 127 $ 16,275.00
TASK 1J - 50% CONSTRUCTION DOCUMENTS - Floor 12
Mechanical Engineer 10 $150 $ 1,500.00 2
Mechanical Designer 29 $125 $ 3,625.00 2
Mechanical CAD 14 $80 $ 1,120.00 2
Electrical Engineer 8 $150 $ 1,200.00 2
Electrical Designer 22 $125 $ 2,750.00 2
Electrical CAD 12 $80 $ 960.00 2
Subtotal 95 $ 11,155.00
TASK 1K - 100% CONSTRUCTION DOCUMENTS - Floor 12
Mechanical Engineer 10 $150 $ 1,500.00 4
Mechanical Designer 35 $125 $ 4,375.00 4
Mechanical CAD 17 $80 $ 1,360.00 4
Electrical Engineer 8 $150 $ 1,200.00 4
Electrical Designer 23 $125 $ 2,875.00 4
Electrical CAD 11 $80 $ 880.00 4
Subtotal 104 $ 12,190.00
TASK 1L - PERMITTING - Floor 12
Mechanical Engineer 1 $150 150.00 6
Mechanical Designer 3 $125 375.00 6
Mechanical CAD 3 $80 240.00 6
Electrical Engineer 1 $150 150.00 6
Electrical Designer 3 $125 375.00 6
Electrical CAD 3 $80 240.00 6
Subtotal 14 $ 1,530.00
TASK 1M - BIDDING! NEGOTIATING - Floor 12
Mechanical Engineer 1 $150 150.00 6
Mechanical Designer 5 $125 625.00 6
Mechanical CAD $80 - 6
Electrical Engineer 1 $150 150.00 6
Electrical Designer 5 $125 625.00 6
Electrical CAD $80 - 6
Subtotal 12 $ 1,550.00
TASK IN - CONSTRUCTION ADMINISTRATION - Floor 12
Mechanical Engineer 8 $150 $ 1,200.00 52
Mechanical Designer 55 $125 $ 6,875.00 52
Mechanical CAD $80 $ 52
Electrical Engineer 8 $150 $ 1,200.00 52
Electrical Designer 55 $125 $ 6,900.00 52
Electrical CAD $80 $ _ 52
Subtotal 126 $ 16,175.00
162
TOTAL (Pearson Engineering Associates, Inc.): $ 152,210.00
TOTAL FEE THIS PROPOSAL: $ 152,210.00

SECURITY ELECTRONICS FEE PROPOSAL
CLIENT: Maricopa County DATE: October 2,2010
PROJECT: Maricopa County Central Courts Renovation - Floors 12 & 13 AW NO. 2018.08
Item Hours Rate Fee Totals Weeks
$195.00 8
0 $195.00 4
0
TASK 1C - SCHEMATIC DESIGN - Floors 12 & 13
Principal Security Consultant 40 $195.00 $ 7,800.00 4
Subtotal 40 $ 7,800.00
TASK 1D - DESIGN DEVELOPMENT - Floors 12 & 13
Principal Security Consultant 60 $195.00 $ 11,700.00 4
Subtotal 60 $ 11,700.00
TASK 1E - 50% CONSTRUCTION DOCUMENTS - Floor 13
Principal Security Consultant 20 $195.00 $ 3,900.00 4
Subtotal 20 $ 3,900.00
TASK IF - 100% CONSTRUCTION DOCUMENTS - Floor 13
Principal Security Consultant 20 $195.00 $ 3,900.00 4
20 $ 3,900.00
$195.00 6
0
0 $195.00 6
0
TASK 11 - CONSTRUCTION ADMINISTRATION - Floor 12
Principal Security Consultant 40 $195.00 $ 7,800.00 52
Subtotal 40 $ 7,800.00
TASK 1J - 50% CONSTRUCTION DOCUMENTS - Floor 12
Principal Security Consultant 20 $195.00 $ 3,900.00 2
Subtotal 20 $ 3,900.00
TASK 1K - 100% CONSTRUCTION DOCUMENTS - Floor 12
Principal Security Consultant 20 $195.00 $ 3,900.00 4
20 $ 3,900.00
$195.00 6
0
0 $195.00 6
0
TASK IN - CONSTRUCTION ADMINISTRATION - Floor 12
Principal Security Consultant 40 $195.00 $ 7,800.00 52
Subtotal 40 $ 7,800.00
162
TOTAL (Security Design Consulting, LLC): $ 50,700.00
Anticipated Expenses for (4) trips, see breakout below: $ 5,520.00
TOTAL FEE THIS PROPOSAL: $ 56,220.00
Principal Security Consultant $195.00
Travel Expern Unit Cost Quantity Total
Flight 5 500.00 1 $ 500.00
Room 5 150.00 3$ 450.00
Food 50.00 3$ 150.00
Rental Car 75.00 30 225.00

Rental Car Fu $ 25.00 1 $ 25.00
Airport Parkin $ 10.00 3 $ 30.00
TOTAL ANTICIPATED EXPENSES PER TRIP 5 1,380,00
TOTAL NUMBER OF TRIPS 4
TOTAL ANTICIPATED EXPENSES $ 5,520,00

010ct18-MCH.xlsx
2018 1, 2018.08 Totals 12,500.00 8,200.00 20,700.00 edit -
PROPOSAL October Court
Superior
$
FEE Fee 4,200.00 6,555.00 1,275.00 480.00 1,575.00 4,275.00 2,295.00 I••• 60.00 County
NO. Maricopa
ACOUSTIC DATE: AW $ $ $ $ - Schedule
13 Rate 175.00 95.00 85.00 60.00 175.00 95.00 85.00 60.00 Fee
MCH & PROPOSAL: Consultants
12 $ $ $ $ $ $ $ $
Floors
- Hours 13 THIS 10/2/2018
24.0 69.0 15.0 8.0 116.0 Floor 9.0 45.0 27.0 1.0 82.0
Renovation FEE
-
13 TOTAL
Courts Floor DOCUMENTS
Central -
County County DEVELOPMENT
CONSTRUCTION
Maricopa Maricopa
Acoustician Acoustician Consultant Acoustician Acoustician Consultant
DESIGN
- Principal Mgr. Acoustical 50% - Principal Mgr. Acoustical
PROJECT: Subtotal 1D Proj. Admin Subtotal 1E Proj. Admin Subtotal
CLIENT: Item TASK TASK
1 of 1

13
la • Floor
5t.P.M09.r. 13
Administration Floor
.......... Phase
4
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Options and material estimate development If to Floor Dernoltion 13; CD and Negotiation
AO..Pu.P.r.tRi.. t• — Option (all cursory 13 for Package prior Package esfiniate Document 05100% Floor 108% comments (estimated) Construction
palette schemes and for DD Floor Oct/mete package Documents :CD .val on 13 01 and of
Selected . • : : : • , specification . and i document Developrnent review : needed Floor Demolition Conference .
on material for layouts Documents level Demolition 50% Demolition 50% Construcdon appro If submittal county Issued Bidding Award
3 efr Pearson) Options concept Options Based options discuss and Development deliverable OD And pre-submittal approval Construction review and Permitting on up Pra981d Tj W4r
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3 4 (Coord. Plan Space review Sign Development confirm planners level Planning to and 50% MC SFM Demolition meeting Submit evelop Owner Ink Pick
2 1 2 Groups Groups 62 Owner review comments meeting off Design Review Interiors to and to Goodrnan's DD for meeting review 505 review Develop with with wner Owner Dwrer .. Deadline
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. ; Place Group Group diagrams Groups Program document and . after up owner user revita/ Schematic Meeting with • Meet t Me et .
In User User Diagrams User User of user up and Prepare twork LOwner aCOwn,er Ovivamip EOwner 9.,Meet dn M i
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Predecessors .. ' - ---- Summary
: --: 63 3 :7 13 12110/1514,13.12 : 16 1/14/1920,18 24— 20,19 . : 29 31 ;35 9:35 53 0i62 Summary Project
12131118; 11/1/18l 11/51152 '/9( 11/6/18 11/12/115 1142/185 11/16/18 //114/U,7 11/20/159 1106/18110 11/30/1&11 It/20,18.10 11/27116 12/14/18E15 12/17/18 12/311417 1/30/10:15,1 1/279:18 1/15/1921 1/21/1322 1/22/1923 1/30/le 3/5/10 254i1e05 2/22/19:27 . 2/25/9:26 2(26119 3/5/1936 4/3/19 3/6/19 3(7/19,33 3/8/1934 3/26/19 . 3/12/19.37 302/19E36 4/3/1939 50/19i 4/8/1940 4/23/1042 4/10/191 4/11/19E44 4/19/19:42 4/24/1543 5/3119E47 6/3/19' 5/24/1945 5/6/1148 5/23/1951 6/3/1952 5/28/1950 7/19/19 8/37554 6/26/19 7/18/1967 7/19/1556 8/19/19: 7/22/19:59 8/19/19:61 9/8/20: 9i0i
3/11/
F,nish Thu Mon I 7, 700 Mon Mon Fri Wed 7...e Mon Fri Mon Tun Mon Fri Mon Mon Wed Wed Mon Tue men 7ue Vied Tue Mon Fri Mon Tue :Tue Wed Wed Thu Fri Tun Von Tue Wed Wed Fri Mon Tue Wed Thu Fri Wed Fri Mon Fri Mon Thu Mon Tue Fri Mon Wed Thu Fri Mon Mon Mon Tue Tue '
Mon
11/1/18 11(1/15 11/5/16 1116/18 8 11/6P 11/7/10 11/1248 11/13/11 11/14P8 11/15/18 11/21/18 . /27/18 11/26i16 11/27/10. 120/1fr 12/1178 12/17/18i 12/19(18; 1/2/19 . 9 1/2/ 1/349 115/19 1/15119 1/22/19 103/19 2/4/19 2/4119 2/5/19 222579 2/26/19 2/22/13 3/6/19 3/649 317/19 35//19 301/19 3/11/19 372,19 3127/19 3/28/19 4/8/19 4/8/19 4/5/9 4/10/19 4/11/19t 4/15/16 4/24/le 4/26/19 5/3/19 5/3/19 5/613 5/7/19 5i2e1 9 ,0a,1 9 513119 60/19 6/5/19 7/10/19 7/19/19 7/22/19. 202/19; 8/19/19 8/20119 01/S /20 ostaisstamaraso
Start Thu Thu Mon Tue 7ue Wed Mon Tue Thu tl Tue Mon Tue Mon Tue Mon Wed Wed Thu 1 Tue Wed ue t Wed Mon Mon Tun Mon Tue Wed Wed Wed Thu Fri Mon Mon Tue Wed Thu Mon Mon Tu. Wed Thu Mon Wed Fri Fri Fr Mon Tue Tue 5 Tun Mon Von Wert Wed Fri Mon Mon Mon Tue tine •
Wed Wed Wed
i days; day', day da/S day days. day days day days days days . day day; ; days days day days days] day days day days day days days day days. day. day days days day day day days, day' day ; day days days, day days day day Odor day days' days days day days days day days: day days days . day days day; day; days days; .
Duration 43 1 1 4 1 4 1 4 1 4 4 4 1 1 6 4 1 9 22 1 8 1 5 1 6 22 1 14 1 1 5 21 1 1 1 12 1 1 1 5 20 1 11 1 1 1 6 22 16 1 13 5 1 35 1 16 7 1 21 1 1 276 276
; ; ; . 1 ; 1 I I : : E . Progress
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1 2 3 4 62 1 364 Owner Design meeting review Based options Development 13 Development review package 13 Document CD resubmit work 13
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in diagrams Groups Groups hours review meeting Plans to Off DD to And DD And pre-submittal 50% 50% 10004 and Scope Floor 13 Task Split
Contract User Documentation User Documentation User Documentafion User Cocumentation Diagrams User User Program Comments document Sign-off Floor 3 comments off Sign Review Space Intedors review Sign confirm planners drawlngs cursory review approval Documents o' Construction Early review approval Documents Demolition review Construction approval needed Demolition 01 comments Floor
Meeting Meeting Meeting Meeting up up of Owner and after to up group group and to to and to Goodman's Planning for to and meeting Planning for to and to and if on submittal iestmated) Construction Administration Phase Sc
With 01A4aceny Room follow follow Review up Program Review Design Investigation of user owner up user review Design Meeting Functional FMD Meeting Review Development meeting space Wei DD MC SFM meeting review revisor 50% MC SFM Demolition rneeting review 13 Floor meeting 100% review comments 13 permit county issued Negotiation Conference Design
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Name ;Programming County Creation Creation Progress Progress Otwier AW Review Owner Site Owner AW Owner Owner Owner Prepare Work Owner Owned Owner Meet Meet Develop Meet Meet Owner Owner Owner Develop Meet Meet Create Owner Owner Submit Owner Develop Owner Pick Pick Plan Pick Perrht Pre-Bid Award Construction Courts
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Task ; ; i 50% , i I i ' . I i ' Central 10/1/18
5 a g a a n 2 a frA 2 5 N 2 2 j in 2 a .. 5 . 2 MC Mon
ID 2 - 4 6 2 .m.„.._.,3 4 6 7 8 9 20 21 . 24 25 26 27 28 29 30 1 2 33 34in —95 36 40 41 42 ' 43 44 45 46 47 48 49 50 52 53 55 56 57 58 59i.. 60 61 62 63 Project. Date: